Bill Text: PA SB48 | 2009-2010 | Regular Session | Amended

---

Bill Title: Providing for the acquisition and operation of the Horsham Joint Interagency Installation and limitation on use of installation.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2009-07-13 - Re-referred to APPROPRIATIONS [SB48 Detail]

Download: Pennsylvania-2009-SB48-Amended.html

---

HOUSE AMENDED
PRIOR PRINTER'S NO. 33 PRINTER'S NO. 1268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 48 Session of2009
INTRODUCED BY GREENLEAF, COSTA AND WASHINGTON, JANUARY 20, 2009
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 8, 2009
AN ACT
Providing for the acquisition and operation of the Horsham Joint
Interagency Installation and limitation on use of
installation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Horsham Joint Interagency Installation.
(a) General rule.--The Commonwealth is authorized to acquire
from the United States, by conveyance, lease, license or other
means, all available lands, easements, Air Installation
Compatible Use Zones and facilities at the Willow Grove Naval
Air Station Joint Reserve Base and the Willow Grove Air Reserve
Station for operation as a joint interagency installation for
use by the Pennsylvania National Guard and other Department of
Defense components, Federal, State and local government agencies
and associated users to perform national defense, homeland
security and emergency preparedness missions. The property so
acquired shall be known as the Horsham Joint Interagency
Installation.
(b) Associated users.--Without regard to the ownership of
the land, associated users of the installation shall pay local
taxes, including real property taxes, and shall comply with
local land use ordinances and regulations, including, but not
limited to, the local zoning ordinance, subdivision and land
development ordinance, local impact fees and, to the extent
required by law, the Uniform Construction Code as adopted by
Horsham Township.
(c) Restrictions on installation use and occupancy.--The
installation shall be occupied or used only by governmental
agencies, military units and nongovernmental associated users
performing the missions of national defense, emergency
preparedness and homeland security. The installation shall not
be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business or nongovernmental aircraft
operations, except for flights undertaken in response to
exigent circumstances.
(4) As a reliever airport, to relieve congestion at
other airports or to provide improved aviation access to the
overall region, except that this paragraph shall not apply in
exigent circumstances.
(d) Limitation on statutory construction.--Authorized <--
associated user.--An authorized associated user of the
installation and airfield described in this act shall include a
nonprofit entity that operates a historical aviation museum.
(e) Construction.--
(1) Nothing under this section shall be construed to
diminish or alter authorized uses of the installation,
20090SB0048PN1268 - 2 -
including any military enclave located thereon, by the United
States, its agencies or instrumentalities or to limit use of
the property in exigent circumstances.
(2) Documents that convey, lease or license the
installation to the Commonwealth shall include language
providing that the restrictions on installation use specified
under subsection (c) shall be a binding covenant and
restriction that shall run with the land for which this
Commonwealth, Horsham Township and the Hatboro Horsham School
District shall be third party beneficiaries.
(e) (f) Definitions.--The following words and phrases when <--
used in this section shall have the meanings given to them in
this subsection unless the context clearly indicates otherwise:
"Airfield." The Pitcairn-Willow Grove Field at the <--
installation.
"Associated users." Nongovernmental organizations and
private entities performing the national defense, homeland
security or emergency preparedness missions of the installation
that are tenants of the installation under lease, license or
other similar access or use agreements.
"Commercial cargo operations." Aircraft operations by a
nongovernmental cargo or freight carrier, in any case in which
cargo is delivered to or flown from the installation.
"Commercial passenger operations." Aircraft passenger
operations by nongovernmental passenger carriers involving
flights where passengers are boarded or deplaned at the
installation.
"Exigent circumstances." Any of the following limited-
duration events: Adverse or unusual weather conditions, alerts
and actual or threatened emergencies that are a danger to human
20090SB0048PN1268 - 3 -
health and safety.
"Installation." The Horsham Joint Interagency Installation
referred to under subsection (a).
Section 2. Effective date.
This act shall take effect immediately.
20090SB0048PN1268 - 4 -