71 Pa. Stat. § 1709.301

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 1709.301 - To Department of Community and Economic Development

(a) Transfers.--The following functions of the Department of Community Affairs are transferred to the Department of Community and Economic Development:

(1) The provision of technical assistance to political subdivisions with regard to land use and zoning matters conducted pursuant to the act of July 31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities Planning Code, and related laws.

(2) The promotion and facilitation of joint initiatives by political subdivisions.

(3) The provision, monitoring and coordination of municipal training designed to meet the comprehensive educational needs of local government.

(4) Administration of the act of July 12, 1972 (P.L. 781, No. 185), known as the Local Government Unit Debt Act.

(5) The approval required under section 634 and the receipt of reports of amounts of taxes collected under section 2501 of the act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949.

(6) The HOME program under the act of December 18, 1992 (P.L. 1376, No. 172), known as the Pennsylvania Affordable Housing Act.

(7) The Community Development Block Grant Program under:

The act of May 17, 1921 (P.L. 682, No. 284), known as The Insurance Company Law of 1921.

The act of October 11, 1984 (P.L. 906, No. 179), known as the Community Development Block Grant Entitlement Program for Nonurban Counties and Certain Other Municipalities.

(8) Enterprise zones under:

The act of July 2, 1984 (P.L. 520, No. 105) , known as the Business Infrastructure Development Act.

The act of July 9, 1986 (P.L. 1216, No. 108) , known as the Enterprise Zone Municipal Tax Exemption Reimbursement Act.

(9) Housing, community assistance and other functions under:

Section 404.2 of The Insurance Company Law of 1921.

Article XVI-B of the act of April 9, 1929 (P.L. 343, No. 176), known as The Fiscal Code.

The act of May 28, 1937 (P.L. 955, No. 265), known as the Housing Authorities Law.

The act of May 24, 1945 (P.L. 991, No. 385), known as the Urban Redevelopment Law.

The act of May 20, 1949 (P.L. 1608, No. 485), known as the State Planning Code.

The act of May 20, 1949 (P.L. 1633, No. 493), known as the Housing and Redevelopment Assistance Law.

The act of December 3, 1959 (P.L. 1688, No. 621), known as the Housing Finance Agency Law.

The act of January 26, 1968 (P.L. 48, No. 9), entitled "An act authorizing grants by the Commonwealth of Pennsylvania to duly constituted community action agencies providing conditions and making an appropriation."

The act of July 20, 1968 (P.L. 456, No. 214), known as the Community Development Research and Training Act.

The act of July 31, 1968 (P.L. 736, No. 232), known as the Manpower Employment Assistance and Training Act.

Article V-A of the Pennsylvania Municipalities Planning Code.

Article XIX-A of the act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform Code of 1971.

The Business Infrastructure Development Act.

The act of December 20, 1985 (P.L. 483, No. 113) , known as the Tax-Exempt Bond Allocation Act.

The act of June 27, 1986 (P.L. 267, No. 70) , known as the Pennsylvania Convention Center Authority Act.

The act of July 9, 1986 (P.L. 1223, No. 110) , known as the Financially Disadvantaged Municipalities Matching Assistance Act.

The act of July 10, 1986 (P.L. 1263, No. 116) , known as the Community Services Act.

The act of July 10, 1987 (P.L. 246, No. 47) , known as the Municipalities Financial Recovery Act.

The act of July 11, 1990 (P.L. 421, No. 102) , known as the Neighborhood Housing Services Act.

The act of December 19, 1990 (P.L. 1358, No. 210), known as the Local Government Capital Project Loan Fund Act.

The act of June 26, 1992 (P.L. 325, No. 65) , known as the Rural Leadership Training Act.

The act of December 27, 1994 (P.L. 1375, No. 162), known as the Third Class County Convention Center Authority Act.

Section 305(a) of the act of May 19, 1995 (P.L. 4, No. 2) , known as the Land Recycling and Environmental Remediation Standards Act.

66 Pa.C.S. § 3105 (relating to reports to Department of Community Affairs).

(10) The weatherization functions of the Department of Community Affairs under the act of July 10, 1986 (P.L. 1398, No. 122) , known as the Energy Conservation and Assistance Act.

(11) The Downtown Pennsylvania Program.

(12) State planning assistance grants as the General Assembly may from time to time appropriate.

(13) Building energy conservation under the act of December 15, 1980 (P.L. 1203, No. 222), known as the Building Energy Conservation Act.

(14) Industrialized and mobile housing under:

The act of May 11, 1972 (P.L. 286, No. 70), known as the Industrialized Housing Act.

The act of November 17, 1982 (P.L. 676, No. 192), known as the Manufactured Housing Construction and Safety Standards Authorization Act.

(15) Floodplain management under the act of October 4, 1978 (P.L. 851, No. 166), known as the Flood Plain Management Act.

(16) All other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by this act and currently performed by the Department of Community Affairs under:

The Insurance Company Law of 1921.

The act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, as amended by the acts of February 1, 1966 (1965 P.L. 1849, No. 582), and December 18, 1968 (P.L. 1232, No. 390), and other such related laws.

The act of June 23, 1931 (P.L. 932, No. 317), known as The Third Class City Code.

Sections 235 , 1003, 1701, 1701.1 and 1701a of the act of June 24, 1931 (P.L. 1206, No. 331), known as The First Class Township Code.

Sections 206 , 904, 3203 and of the act of May 1, 1933 (P.L. 103, No. 69), known as The Second Class Township Code.

The act of June 24, 1937 (P.L. 2017, No. 396), known as the County Institution District Law.

The act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.

The act of May 25, 1945 (P.L. 1050, No. 394), known as the Local Tax Collection Law.

Section 2 of the act of May 2, 1949 (P.L. 819, No. 215), entitled, as amended "An act requiring the secretary or clerk of every political subdivision to file in the Department of Community Affairs a copy of every tax-levying ordinance or resolution of such political subdivision."

Sections 2 , 3, 4 and 5 of the act of May 2, 1949 (P.L. 873, No. 237), entitled, as amended "An act requiring that the results of all local option referenda in political subdivisions be certified to the Department of Community Affairs by county boards of elections; and requiring secretaries of political subdivisions to make certain reports to said department and to the county commissioners of the county in which the political subdivision is located."

The act of July 28, 1953 (P.L. 723, No. 230), known as the Second Class County Code.

Sections 1720 , 1721, 1781, 1782.1, 1782.3, 1783 and 1785 of the act of August 9, 1955 (P.L. 323, No. 130), known as The County Code.

The act of December 31, 1965 (P.L. 1257, No. 511), known as The Local Tax Enabling Act.

The act of February 1, 1966 (1965 P.L. 1656, No. 581), known as The Borough Code.

The act of March 16, 1972 (P.L. 108, No. 39), known as the Environmental Improvement Compact.

The act of April 13, 1972 (P.L. 184, No. 62), known as the Home Rule Charter and Optional Plans Law.

The act of December 18, 1984 (P.L. 1005, No. 205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

42 Pa.C.S. § 2705(a) (relating to responsibility for reports to executive agencies).

45 Pa.C.S. § 722(b) (relating to deposit of documents required).

53 Pa.C.S. § 737 (relating to consolidation or merger agreement).

66 Pa.C.S. § 3105 (relating to reports to Department of Community Affairs).

All other acts or parts of acts, reorganization plans and executive orders that imposed powers and duties upon the Department of Community Affairs and the Secretary of Community Affairs.

(b) Functions to be consolidated.--The functions transferred to the department shall be consolidated within the department into a bureau, division, section or other organizational entity devoted to community and economic development. The Governor shall appoint a Deputy Secretary for Community Affairs and Development. The deputy secretary shall have the powers and perform the functions and duties transferred to the department in subsection (a) as well as other such functions and duties authorized by the Governor.

(c) Center for Local Government Services established.--A Center for Local Government Services shall be established and maintained in the department to serve as the link between the Commonwealth and local governments. The center shall be a provider of services to local governments, shall serve as the point of contact for local governments on issues and problems of local concern, shall be responsible for coordinating State program resources in response to local issues and problems and shall establish a systematic process for addressing local issues and problems involving the resources of more than a single agency. In carrying out its responsibilities, the center shall use and have access to the information, services, functions and other resources transferred under subsection (a). The center shall, when authorized by the Governor, use and have access to any other information, services, functions and other resources in the possession of executive agencies under the Governor's jurisdiction deemed necessary to the fulfillment of its responsibilities. The center shall provide to local governments, at no cost, information on purchase contracts for materials, supplies and equipment entered into by the Department of General Services in which local governments may participate pursuant to the provisions of section 2403(h) of The Administrative Code of 1929. The Deputy Secretary for Community Affairs and Development shall be responsible for the administration of the center and shall report in writing to the Governor and Lieutenant Governor on the activities of the center. The center shall have permanent staff both in its headquarters as well as in the regional offices of the Governor and shall additionally make a toll-free telephone number available to local governments to assist the center in accommodating requests for assistance. Funding for the center shall be provided by the department.

(d) Department staff.--The department shall maintain staff within the center and regional offices with expertise in matters relating to local governments and community development.

(e) Fees for services provided.--In order to maintain an affordable cost for local governments, any contract for services to local governments entered into by the department shall be evaluated annually. This evaluation shall serve in part to help ensure that fees reflect an average of costs historically charged to local governments for similar services.

(f) Priority of employment.--Positions created from establishment of the center shall be offered to personnel employed by the Department of Community Affairs with expertise in planning and organizing the effective provision of technical, consultive, training, information and financial assistance to local governments in this Commonwealth.

(g) Toll-free telephone report.--The Legislative Budget and Finance Committee shall review the activities relating to the toll-free telephone number program established by the Center for Local Government Services and issue a report to the General Assembly not later than one year from its initiation date.

71 P.S. § 1709.301

1996, June 27, P.L. 403, No. 58, § 301, imd. effective.