Section 28203 - Powers and duties(a)General powers and duties.--The authority is established for the purposes, without limitation, by itself or by agreement in cooperation with others, of assisting cities in solving their budgetary and financial problems.(b)Specific duties.--The authority shall have the powers and its duties shall be: (1) To assist cities in achieving financial stability in any manner consistent with the purposes and powers described by this act.(2) To assist cities in avoiding defaults, eliminating and financing deficits and debts, maintaining sound budgetary practices and avoiding the interruption of municipal services.(3) To negotiate intergovernmental cooperation agreements with cities containing such terms and conditions as will enable such cities to eliminate and avoid deficits, maintain sound budgetary practices and avoid interruption of municipal services.(4) To make annual signed reports within 120 days after the close of the assisted city's fiscal year to the Governor and the General Assembly describing the city's financial condition and the authority's progress with respect to restoring the financial stability of assisted cities and achieving balanced budgets for assisted cities. Each report shall:(i) Be filed with the Governor, with the presiding officers of the Senate and the House of Representatives, with the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and the minority chairperson of the Appropriations Committee of the House of Representatives and with the governing body, mayor and controller of the assisted city and be publicly available in the assisted city during normal business hours for public inspection and on the authority's publicly accessible Internet website, and may be reproduced by any member of the public at commercial costs of reproduction.(ii) Clearly show by consistent category the last five years of operating revenues and expenditures, capital expenditures, gross and net indebtedness transactions, including a schedule of principal and interest, five-year projections of the assisted city's operating and capital budgets, and the entire projected indebtedness transactions, including a schedule of principal and interest of such indebtedness until any and all debt has been completely retired.(iii) Contain a narrative explaining progress of the assisted city in meeting its annual and five-year budgetary objectives, an appraisal by the authority of the progress the assisted city is making to achieve its goals and an appraisal of the extent to which the assisted city is making a good faith effort to achieve its goals.(iv) Disclose any violations of Federal and State law that the authority may have discovered.(v) Include as appendixes all historical loans or other contracts entered into by the assisted city and its authorities.(vi) Contain detailed accounting on gaming revenue under 4 Pa.C.S. § 1403(c)(3)(xv) (relating to establishment of State Gaming Fund and net slot machine revenue distribution), and the distribution of gaming revenue in accordance with section 210.1, that shall include the status of all gaming revenue not yet distributed and demonstrate compliance with the procedures and requirements of section 210.1(c).(5) To establish and maintain a publicly accessible Internet website that contains, but is not limited to, all of the following: (i) Intergovernmental cooperation agreements under paragraph (3).(ii) Annual reports required under paragraph (4).(iii) The authority's annually adopted budget under section 206.(iv) Audits required under section 207.(v) Contracts that the authority has entered into with third parties.(6) To adopt and publish a records retention policy that is consistent with the records retention policy of the Office of Administration as published in Manual 210.9, The Commonwealth's General Records Retention and Disposition Schedule, adopted April 4, 2016. The policy shall be updated annually to remain consistent with the Office of Administration.(c)Specific powers.--In addition to the powers and duties set forth elsewhere in this act, the authority shall have the specific powers: (1) To obtain copies of all reports and documents regarding the revenues, expenditures, budgets, deficits, debts, costs, plans, operations, estimates and any other financial or budgetary matters of an assisted city.(2) To obtain additional reports and information on the above matters in such form as are deemed necessary by the authority.(3) To make factual findings concerning an assisted city's budgetary and fiscal affairs.(4) To make recommendations to an assisted city and the General Assembly concerning the budgetary and fiscal affairs of the assisted city, which shall include consideration of the following issues and other issues at the discretion of the authority: (i) Consolidation or merger of services performed by an assisted city, school, county or other surrounding municipality.(ii) Consolidation of public safety services.(iii) Appropriate staffing levels of city departments and corporate entities.(iv) Cooperative agreements or contractual arrangements between health care facilities licensed by the Department of Health.(v) Financial or contractual obligations of the assisted city.(vi) Contributions of nonprofit or charitable organizations which receive the benefit of municipal services provided by the assisted city.(vii) Reduction or restructuring of debt obligations.(viii) Cooperative agreements between the assisted city and the county in which it is located or municipalities which border the assisted city.(ix) Cooperative agreements between the assisted city and the school district in which it is located.(x) Collective bargaining agreements and other contracts of the assisted city.(xi) Elimination, sale or transfer of assisted city services or property.(xii) Implementation of cost-saving measures by the assisted city.(xiii) Increased managerial accountability.(xiv) Performance of government operations and delivery of municipal services.(xv) Reevaluation of tax exemption policies and practices with regard to real property taxation within the assisted city.(xvi) Improvements in procurement practices.(xvii) Implementation of user fees for services, including sewage, water treatment and refuse collection.(xviii) Privatization and outsourcing of appropriate assisted city services.(xix) Increased collection of fines and costs relating to parking violations or violations of other city ordinances.(xx) Competitive bidding of appropriate assisted city services, and competitive bidding practices.(xxi) The use of technology to achieve cost savings.(xxii) A study of health care and other benefits offered by the assisted city to its employees.(xxiii) The sale of the assisted city's workers' compensation fund.(xxiv) The sale of unencumbered assets of the assisted city or its authorities.(xxv) The elimination or reorganization of authorities or departments.(xxvi) The use by the assisted city of tax and other revenues received, including those received under the act of July 28, 1953 (P.L. 723, No. 230), known as the Second Class County Code, and the proper use of such revenues.(xxvii) The use of budgetary practices and principles as they relate to forecasting, public openness, projections, estimates, tax policy, lending, borrowing and strategic planning.(xxviii) The transfers of employees and assets by and between bureaus, departments and authorities of the assisted city.(xxix) Prior suggestions published by others prior to the enactment of this act with regard to the assisted city.(xxx) A review of the taxing authority of the city as compared with the taxing authority of school districts of the first class A.(xxxi) A review of the ratio of debt service to general fund outlays of the assisted city, the appropriate ratio and the means to achieve it.(xxxii) A review of outstanding debt, debt payments and the ability to prepay such debt.(5) To make recommendations to the Governor and the General Assembly regarding legislation or resolutions which relate to an assisted city's fiscal stability. The authority shall submit a preliminary report of the recommendations to the Governor and the General Assembly within 60 days of the effective date of this act. The report shall include, but not be limited to, recommendations as to whether or not the city needs additional revenues, the best sources of such revenues and ways for the city to reduce expenditures. Any recommendations for new revenue, if warranted, shall state whether such revenues should be earmarked for specific expenditures, including, but not limited to, prepayment of debt, and whether such revenues should be subject to sunset provisions.(6) To exercise powers of review concerning the budgetary and fiscal affairs of the assisted city consistent with this act and the city's home rule charter or other optional plan of government.(7) To receive revenues from any source, directly or by assignment, pledge or otherwise.(8) To sue and be sued, implead and be impleaded, interplead, complain and defend in all courts.(9) To adopt, use and alter at will a corporate seal.(10) To make bylaws for the management and regulation of its affairs and adopt rules, regulations and policies in connection with the performance of its functions and duties which, notwithstanding any other provision of law to the contrary, shall not be subject to review pursuant to the act of June 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review Act.(11) To make and enter into contracts and other instruments necessary or convenient for the conduct of its business and the exercise of the powers of the authority.(12) To appoint officers, agents, employees and servants and to prescribe their duties and to fix their compensation as set forth in section 202(f).(13) To retain counsel and auditors to render such professional services as the authority deems appropriate. The authority shall not be considered either an executive agency or an independent agency for the purpose of the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act, but shall possess the same status for such purpose as the Auditor General, State Treasurer and the Pennsylvania Public Utility Commission, except that the provisions of section 204(b) and (f) of the Commonwealth Attorneys Act shall not apply to the authority; notwithstanding 42 Pa.C.S. Ch. 85 (relating to matters affecting government units), the authority, through its legal counsel, shall defend actions brought against the authority or its members, officers, officials and employees when acting within the scope of their official duties.(14) To cooperate with any Federal agency or government agency.(15) To acquire, by gift or otherwise, purchase, hold, receive, lease, sublease and use any franchise, license, property, real, personal or mixed, tangible or intangible or any interest therein. However, the authority shall be absolutely limited in its power to acquire real property under this act to real property that will be used only for the office space in which the authority will conduct its daily business if necessary. If possible, an assisted city shall provide office space to the authority at no cost to the authority as part of an intergovernmental cooperation agreement.(16) To sell, transfer, convey and dispose of any property, real, personal or mixed, tangible or intangible or any interest therein.(17) To enter into contracts for group insurance and to contribute to retirement plans for the benefit of its employees and to enroll its employees in an existing retirement system of a government agency.(18) To accept, purchase or borrow equipment, supplies, services or other things necessary or convenient to the work of the authority from other government agencies, and all government agencies are authorized to sell, lend or grant to the authority such equipment, supplies, services or other things necessary or convenient to the work of the authority.(19) To invest any funds held by the authority as set forth in section 212.(20) To receive and hold assets, moneys and funds from any source, including, but not limited to, appropriations, grants and gifts.(21) To procure insurance, guarantees and sureties the authority determines necessary or desirable for its purposes.(22) To pledge the credit of the authority as the authority determines necessary or desirable for its purposes.(23) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the authority and to carry out the powers granted to it by this act or any other acts.(d)Intergovernmental cooperation agreements.--The authority shall have the power and its duty shall be to enter into and to implement fully such intergovernmental cooperation agreements with cities as are approved by a majority of the board. The following shall apply:(1) A city may enter into an intergovernmental cooperation agreement in which it, consistent with this act, covenants to cooperate or agree in the exercise of any function, power or responsibility with, or delegate or transfer any function, power or responsibility to, the authority upon the adoption by the governing body of such city of an ordinance authorizing and approving the intergovernmental cooperation agreement.(2) An ordinance that authorizes a city to enter into an intergovernmental cooperation agreement with the authority shall specify: (i) the purpose and objectives of the agreement;(ii) the conditions of the agreement; and(iii) the term of the agreement, including provisions relating to its termination.(e)Limitation.--Notwithstanding any purpose or general or specific power granted by this act or any other act, whether express or implied, the authority shall have no power to pledge the credit or taxing powers of the Commonwealth. 2004, Feb. 12, P.L. 73, No. 11, § 203, imd. effective. Amended 2016, July 20, P.L. 843, No. 99, § 3, effective in 60 days [Sept. 19, 2016].