HB 2004 — An Act amending the act of July 2, 1993 (P.L.359, No.50), known as the Keystone Recreation, Park and Conservation Fund Act, further providing for definitions, for Keystone Recreation, Park and Conservation Fund, for duties, responsibilities and limitations on agencies, for allocation from fund and for waivers; and making related repeals.

PRIOR PRINTER'S NO.

2809 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2019 No.

3714INTRODUCED THEBY GENERALORTITAY, ASSEMBLYGROVE, OFRYAN, PENNSYLVANIABARRAR, HOUSEKAUFFMAN, BILLJAMES, SessionKEEFER, MOUL, BERNSTINE AND GLEIM, OCTOBER 29, 2019 REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 29, 2019 AN ACT Amending the act of No.July 2, 1993 (P.L.359, No.50), entitled "An act providing for the establishment, operation and administration of the Keystone Recreation, Park and Conservation Fund;

2004designating 2019a INTKEEFER,portion MOUL, BERNSTINE AND GLEIM, OCTOBER 29, 2019JAMES, AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 5, 2020 AN ACT Amending the act of July 2, 1993 (P.L.359, No.50), entitled "An act providing for the establishment,State operationRealty and administration of the Keystone Recreation, Park and transfer tax revenues as a funding source for the fund;ealtyfund; authorizing the incurring of indebtedness, with the approval of the electorate, to provide funding for the acquisition of, improvements to and the rehabilitation of parks, recreational facilities, educational facilities, historic sites, zoos and public libraries;

imposingauthorizing additional powers and duties on the Departmentincurring of Environmentalindebtedness, Resources,with the Departmentapproval of Communitythe Affairs,electorate, theto Departmentprovide offunding Education,for the Pennsylvaniaacquisition Historicalof, andimprovements Museumto Commission,and the Staterehabilitation System of Higherparks, Education,recreational thefacilities, Pennsylvaniaeducational Gamefacilities, Commissionhistoric andsites, thezoos Pennsylvania Fish and Boatpublic Commission;libraries;

imposing additional powers and duties on Community Affairs, the Department of Education, thertment of Pennsylvania Historical and Museum Commission, the State System of Higher Education, the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission;

and making an appropriation," further providing for definitions, for Keystone Recreation, Park and Conservation Fund, for duties, responsibilities and limitations on makingagencies, relatedfor repeals.nallocation from fund and for waivers;

and Themaking Generalrelated Assemblyrepeals. of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The definitions of "agency," "educational <-- facility" and "historical preservation organization" in section 3 of the act of July 2, 1993 (P.L.359, No.50), known as the Keystone Recreation, Park and Conservation Fund Act, are amended to read:

SECTION 1.

THE DEFINITIONS OF "AGENCY" AND "EDUCATIONAL <-- FACILITY" IN SECTION 3 OF THE ACT OF JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE KEYSTONE RECREATION, PARK AND CONSERVATION FUND ACT, ARE AMENDED TO READ:

* * * ["Educational facility." A facility owned by the State System of Higher Education.] * * * ["Historic preservation organization." A nonprofit <-- organization dedicated to the research, restoration, rehabilitation and other activities furthering the protection, enhancement, preservation or enjoyment of historic resources which is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.

20190HB2004PN3714 - 2 - Section 4.

(a) Establishment.--There is hereby established in the State Treasury a [restricted receipt account] special fund to be known as the Keystone Recreation, Park and Conservation Fund [to 20190HB2004PN2809 - 2 - provide moneys necessary to implement the provisions of this act].

(a) General rule.--Each agency shall promulgate rules and regulations that are necessary to carry out the purposes of this 20190HB2004PN3714 - 3 - act consistent with the criteria set forth in this act.

(b) Department of [Environmental] Conservation and Natural Resources.-- [(1) The Department of Environmental Resources shall 20190HB2004PN2809 - 3 - utilize bond revenues for the following purposes:

[Up to 10% of the moneys can 20190HB2004PN3714 - 4 - be used for this purpose.] (iv) Acquiring lands important to maintaining the integrity of existing State parks and forests.

(c) Department of [Community Affairs] Conservation and 20190HB2004PN2809 - 4 - Natural Resources.-- (1) [The Department of Community Affairs shall] Amounts appropriated to the Department of Conservation and Natural Resources from the fund for grants for local recreation shall be used to provide grants [ofof bond revenues and realty <-- transfer tax revenues]revenues to municipalities for the following <-- purposes:

(2) [The Department of Community Affairs shall provide grants of bond revenues and realty transfer tax revenues] 20190HB2004PN3714 - 5 - Amounts appropriated to the Department of Conservation and Natural Resources from the fund for grants for land trusts shall be used to provide grants to land trusts to pay up to 50% of eligible project costs for natural areas and open 20190HB2004PN2809 - 5 - space planning and acquisition.

(e) Pennsylvania Historical and Museum Commission.--[The 20190HB2004PN3714 - 6 - Pennsylvania Historical and Museum Commission shall utilize bond revenues and realty transfer tax revenues] Amounts appropriated to the Pennsylvania Historical and Museum Commission for historic site development from the fund shall be used for 20190HB2004PN2809 - 6 - planning, acquisition, development and rehabilitation of Commonwealth-owned historic sites and museums and to provide grants to nonprofit organizations and public agencies for the planning, acquisition and rehabilitation of publicly accessible historic sites listed in or eligible for the National Register of Historic Places.

(f) State System of Higher Education.--[The State System of Higher Education shall utilize realty transfer tax revenues] Amounts appropriated to the State System of Higher Education from the fund shall be used for deferred maintenance of <-- facilities owned by the State System of Higher Education.

(j) Land trust restrictions.--Any moneys received by land 20190HB2004PN3714 - 7 - trusts under the provisions of this act shall be expended only for the planning of and acquisition of natural areas.

20190HB2004PN2809 - 7 - (a) Allocation of bond revenues.--In the event that bonds are sold under the provisions of this act, the bond proceeds are to be allocated as follows:

(a) One-year exemption from review.--In order to facilitate 20190HB2004PN3714 - 8 - the speedy implementation of this program, the agencies shall have the power and authority to promulgate, adopt and use guidelines which shall be published in the Pennsylvania Bulletin.

The guidelines shall not be subject to review pursuant 20190HB2004PN2809 - 8 - to section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period not to exceed one year from the effective date of this act.

20190HB2004PN3714 - 9 - Section 5.

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