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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YAW, PIPPY, KITCHEN, WAUGH, PILEGGI, FONTANA, CORMAN, WONDERLING, GORDNER, RAFFERTY, STOUT, ALLOWAY, KASUNIC, ERICKSON, BROWNE, LOGAN, GREENLEAF, HUGHES, O'PAKE, STACK, BOSCOLA AND WILLIAMS, MARCH 12, 2009 |
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| REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 12, 2009 |
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| AN ACT |
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1 | Amending the act of December 3, 1959 (P.L.1688, No.621), |
2 | entitled, as amended, "An act to promote the health, safety |
3 | and welfare of the people of the Commonwealth by broadening |
4 | the market for housing for persons and families of low and |
5 | moderate income and alleviating shortages thereof, and by |
6 | assisting in the provision of housing for elderly persons |
7 | through the creation of the Pennsylvania Housing Finance |
8 | Agency as a public corporation and government |
9 | instrumentality; providing for the organization, membership |
10 | and administration of the agency, prescribing its general |
11 | powers and duties and the manner in which its funds are kept |
12 | and audited, empowering the agency to make housing loans to |
13 | qualified mortgagors upon the security of insured and |
14 | uninsured mortgages, defining qualified mortgagors and |
15 | providing for priorities among tenants in certain instances, |
16 | prescribing interest rates and other terms of housing loans, |
17 | permitting the agency to acquire real or personal property, |
18 | permitting the agency to make agreements with financial |
19 | institutions and Federal agencies, providing for the purchase |
20 | by persons of low and moderate income of housing units, and |
21 | approving the sale of housing units, permitting the agency to |
22 | sell housing loans, providing for the promulgation of |
23 | regulations and forms by the agency, prescribing penalties |
24 | for furnishing false information, empowering the agency to |
25 | borrow money upon its own credit by the issuance and sale of |
26 | bonds and notes and by giving security therefor, permitting |
27 | the refunding, redemption and purchase of such obligations by |
28 | the agency, prescribing remedies of holders of such bonds and |
29 | notes, exempting bonds and notes of the agency, the income |
30 | therefrom, and the income and revenues of the agency from |
31 | taxation, except transfer, death and gift taxes; making such |
32 | bonds and notes legal investments for certain purposes; and |
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1 | indicating how the act shall become effective," providing for |
2 | the Pennsylvania Housing Affordability and Rehabilitation |
3 | Enhancement Program. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The act of December 3, 1959 (P.L.1688, No.621), |
7 | known as the Housing Finance Agency Law, is amended by adding an |
8 | article to read: |
9 | ARTICLE IV-D |
10 | PENNSYLVANIA HOUSING AFFORDABILITY AND REHABILITATION |
11 | ENHANCEMENT PROGRAM |
12 | Section 401-D. Definitions. |
13 | The following words and phrases when used in this article |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Persons with disabilities." Individuals with physical, |
17 | sensory or mental impairment that substantially limits one or |
18 | more major life activities. |
19 | "Program." The Pennsylvania Housing Affordability and |
20 | Rehabilitation Enhancement Program established under section |
21 | 402-D. |
22 | Section 402-D. Establishment. |
23 | There is established the Pennsylvania Housing Affordability |
24 | and Rehabilitation Enhancement Program to be administered by the |
25 | agency. |
26 | Section 403-D. Program. |
27 | (a) Funding.--The program shall be funded by appropriations |
28 | by the General Assembly for the purposes stated in this article |
29 | or other sources as provided by law. |
30 | (b) Project types.--The program shall provide funding for |
31 | the following: |
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1 | (1) Projects to provide safe and sanitary dwellings for |
2 | sale or rent to low-income and moderate-income individuals or |
3 | families. |
4 | (2) Projects to increase the availability or quality of |
5 | housing for elderly persons. |
6 | (3) Projects to increase the availability or quality of |
7 | accessible housing for individuals with disabilities. |
8 | (4) Projects to prevent or reduce homelessness. |
9 | (5) Projects to encourage the development and |
10 | rehabilitation of distressed neighborhoods. |
11 | (6) Projects to provide mortgage or rental assistance, |
12 | including housing counseling, foreclosure prevention and |
13 | refinancing products. |
14 | (7) Projects to provide loans, low-interest loans or |
15 | grants to low-income and moderate-income individuals or |
16 | families who are owner-occupants for repairs and improvement |
17 | to sustain or increase the conditions of the home. |
18 | (c) Purposes.--Moneys for projects under subsection (b) may |
19 | be used for the following: |
20 | (1) Predevelopment activities, including title searches, |
21 | market studies, project planning, architectural services, |
22 | legal and engineering studies and related fees. |
23 | (2) Acquisition and disposition of real or personal |
24 | property. |
25 | (3) Site preparation, including demolition of existing |
26 | structures and remediation of environmental conditions. |
27 | (4) Construction, reconstruction, alteration and repair |
28 | of existing structures, improvements and infrastructure. |
29 | (d) Matching funds.--Funds appropriated to the program may |
30 | be used for a set-aside for matching funds for counties that |
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1 | have established optional county affordable housing funds under |
2 | 53 Pa.C.S. Ch. 60 (relating to optional affordable housing |
3 | funding). In order to receive matching funds under this |
4 | subsection, a county must annually report detailed information |
5 | as required by the agency on the use of the funds for county |
6 | projects. The information shall be included in the agency's |
7 | report under section 405-D. |
8 | (e) Limitation.--Funds appropriated to the program shall not |
9 | supplant existing resources dedicated to affordable housing |
10 | activities. Funds appropriated to the program may be used to |
11 | support, expand and enhance other programs administered by the |
12 | agency. |
13 | (f) Preferences.--The agency may adopt written policies to |
14 | give preference to projects that meet specific goals, such as |
15 | energy efficiency, green building standards and comprehensive |
16 | design strategies, or that target identified needs. |
17 | (g) Considerations.--The agency shall take into |
18 | consideration geographical distribution of funds appropriated to |
19 | the program to ensure that all areas of this Commonwealth |
20 | participate to the greatest extent possible. |
21 | (h) Funding for housing program.--The agency shall make |
22 | available 30% of the funds appropriated under this article for |
23 | housing programs benefiting households with household incomes |
24 | which are less than 50% of the median area income. |
25 | Section 404-D. Plan. |
26 | (a) General rule.--Within 90 days of the effective date of |
27 | this section and by March 15 of each year thereafter, the agency |
28 | shall adopt a plan which establishes the agency's priorities for |
29 | that year and sets forth the method in which the funds will be |
30 | distributed that year. |
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1 | (b) Publication.--The proposed plan, including a comment |
2 | response document, shall be submitted to the chair and minority |
3 | chair of the Urban Affairs and Housing Committee in the Senate |
4 | and the chair and minority chair of the Commerce Committee in |
5 | the House of Representatives, published in the Pennsylvania |
6 | Bulletin and published on the agency's Internet website for |
7 | public comment no later than 45 days prior to its adoption under |
8 | subsection (a). All comments submitted to the agency in writing |
9 | shall be public records and shall be incorporated into the |
10 | comment response document. |
11 | Section 405-D. Reporting. |
12 | Within 90 days following the close of the first calendar year |
13 | after the effective date of this article and by July 1 of every |
14 | year thereafter, the agency shall issue a report containing a |
15 | financial statement, an itemized list of projects funded and a |
16 | description of other expenditures in the preceding calendar |
17 | year. The report shall be submitted to the Governor, the Auditor |
18 | General and the chair and minority chair of the Urban Affairs |
19 | and Housing Committee in the Senate and the chair and minority |
20 | chair of the Commerce Committee in the House of Representatives |
21 | and published on the agency's Internet website. The report shall |
22 | be a public record. |
23 | Section 406-D. Account. |
24 | There is established in the State Treasury a restricted |
25 | receipt account. All appropriations and other funds allocated to |
26 | the program shall be deposited in the account. Interest and any |
27 | unspent appropriations in the account shall remain in the |
28 | account. |
29 | Section 2. This act shall take effect in 90 days. |
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