Pennsylvania Act 2002-130 — CAPITAL FACILITIES DEBT ENABLING ACT - AMEND REDEVELOPMENT ASSISTANCE CAPITAL PROJECTS APPROPRIATION AND LIMITATION

Act text

CAPITAL FACILITIES DEBT ENABLING ACT - AMEND REDEVELOPMENT ASSISTANCE
              CAPITAL PROJECTS APPROPRIATION AND LIMITATION
                 Act of Oct. 28, 2002, P.L. 889, No. 130              Cl. 72
                             Session of 2002
                               No. 2002-130

     SB 832

                                  AN ACT

     Amending the act of February 9, 1999 (P.L.1, No.1), entitled "An
        act providing for borrowing for capital facilities;
        conferring powers and duties on various administrative
        agencies and officers; making appropriations; and making
        repeals," further defining "redevelopment assistance capital
        project"; and further providing for appropriation for and
        limitation on redevelopment assistance capital projects.

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

        Section 1.  The definition of "redevelopment assistance
     capital project" in section 302 of the act of February 9, 1999
     (P.L.1, No.1), known as the Capital Facilities Debt Enabling
     Act, is amended to read:
      Section 302.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Redevelopment assistance capital project."  The design and
     construction of facilities which meet the following:
            (1)  Are facilities, other than housing units, highways,
        bridges, waste disposal facilities, sewage facilities or
        water facilities, which cannot obtain funding under other
        Federal or State programs.
            (2)  Are economic development projects which generate
        substantial increases in employment, tax revenues or other
        measures of economic activity. This paragraph includes
        projects with cultural, historical or civic significance.
            (3)  Are facilities which have a regional or
        multijurisdictional impact.
            (4)  Are eligible for tax-exempt bond funding under
        existing Federal law and regulations.
            (5)  Have a 50% non-State participation documented at the
        time of application, including a portion of any funds
        reserved for future physical maintenance and operation of the
        facilities:
                (i)  at least half of which is secured funding;
                (ii)  toward which the only noncash non-State
            participation permitted is land or fixed assets which
            have a substantial useful life and are directly related
            to the project; and
                (iii)  toward which State funds from other programs
            may not be used.
            (6)  Have a total project cost as follows:
                (i)  At least $5,000,000 for projects in:
                    (A)  counties of the first class; or
                    (B)  counties of the second class.
                (ii)  At least $1,000,000 for projects in counties of
            the second class A through eighth class.
                (iii)  At least $1,000,000 for projects in:
                    (A)  municipalities designated as financially
                distressed municipalities under the act of July 10,
                1987 (P.L.246, No.47), known as the Municipalities
                Financial Recovery Act;
                    (B)  municipalities which are identified at the
                time of application by the Department of Community
                and Economic Development under the department's early
                warning system as scoring at least one-half standard
                deviation above the mean score; or
                    (C)  municipalities which have part or all of an
                enterprise zone within the municipal boundaries.
            (7)  Have a cooperation agreement between the applicant
        and a redevelopment authority or industrial development
        authority or general purpose unit of local government if the
        applicant does not administer the grant. Applicants can be
        any of the following:
                (i)  A redevelopment authority.
                (ii)  An industrial development authority.
                (iii)  A general purpose unit of local government.
                (iv)  A local development district which has an
            agreement with a general purpose unit of local government
            under which the unit assumes ultimate responsibility for
            debt incurred to obtain the 50% non-State participation
            required by paragraph (5).
     The term also includes a fire truck and firefighting equipment
     to the extent that the request for assistance does not exceed
     $50,000.
        * * *
        Section 2.  Section 317 of the act is amended to read:
      Section 317.  Appropriation for and limitation on redevelopment
                    assistance capital projects.
        (a)  Appropriation.--The amount necessary to pay principal of
     and interest on all obligations issued to provide funds for
     redevelopment assistance capital projects is hereby appropriated
     from the General Fund and shall be transferred to the Capital
     Debt Fund upon authorization by the Governor.
        (b)  Limitation.--The maximum amount of redevelopment
     assistance capital projects undertaken by the Commonwealth for
     which obligations are outstanding shall not exceed, in
     aggregate, [$1,200,000,000] $1,450,000,000.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 28th day of October, A. D. 2002.

     MARK S. SCHWEIKER