Pennsylvania Act 1998-106 — INFRASTRUCTURE DEVELOPMENT ACT - AMEND

Act text

INFRASTRUCTURE DEVELOPMENT ACT - AMEND
                 Act of Nov. 24, 1998, P.L. 823, No. 106              Cl. 14
                             Session of 1998
                               No. 1998-106

     SB 491

                                  AN ACT

     Amending the act of July 11, 1996 (P.L.677, No.116), entitled
        "An act providing for an infrastructure development program,
        for grants and loans for infrastructure improvements in
        relation to private developer investment, for duties of the
        Department of Community and Economic Development and for
        eligibility requirements and application procedures; and
        making repeals," expanding the Infrastructure Development
        Program to include projects located on long-term vacant
        commercial sites; and providing for job retention.

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

        Section 1.  The definitions of "infrastructure improvements"
     and "private developer" in section 2 of the act of July 11, 1996
     (P.L.677, No.116), known as the Infrastructure Development Act,
     are amended and the section is amended by adding definitions to
     read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Commercial property."  Either of the following:
            (1)  A building, structure or facility or portion thereof
        which has been used or occupied or is intended, arranged or
        designed to be used or occupied for the purpose of operating
        a business, office, manufactory or public accommodation.
            (2)  Vacant land previously used for manufacturing,
        industrial, commercial or retail purposes which is offered
        for sale, lease or held for the purpose of constructing or
        locating thereon a building, structure or facility for the
        purpose of operating a business, office, manufactory or
        public accommodation.
        * * *
        "Infrastructure improvements."  The term includes the
     following:
            (1)  The construction or rehabilitation of the following:
                (i)  Drainage systems.
                (ii)  Energy facilities which generate and distribute
            power.
                (iii)  Sewer systems, including, but not limited to,
            the construction or repair of sewage collection lines and
            sewage treatment facilities.
                (iv)  Transportation facilities directly affecting
            the site of the proposed private investment, including:
                    (A)  Roads providing access to the site.
                    (B)  Parking facilities.
                    (C)  Sidewalks.
                    (D)  Bridges.
                    (E)  Rails, including, but not limited to, the
                construction or rehabilitation of rail switches and
                signals, rail crossings and intermodal facilities.
                    (F)  Ports, including, but not limited to,
                docking facilities, bulkheads and intermodal
                facilities, but not warehouses.
                    (G)  Waterways, including, but not limited to,
                channel realignment, dredging and the construction or
                rehabilitation of locks.
                    (H)  Airports, including, but not limited to, the
                construction or rehabilitation of runways, but not
                airport buildings.
                    (I)  Pipelines transporting natural gas, but not
                vehicles associated with the operation of the
                pipelines.
                    (J)  Facilities for the transmission of
                information, including, but not limited to, fiber-
                optic telecommunication lines.
                (v)  Water supply facilities, including, but not
            limited to, water lines and water storage, treatment and
            distribution facilities.
            (2)  The acquisition of land, rights-of-way and easements
        necessary to construct eligible infrastructure improvements.
            (3)  At former industrial sites:
                (i)  The acquisition of land and buildings by private
            developers.
                (ii)  The construction of new multitenant industrial
            or manufacturing buildings by developers.
                (iii)  The conversion of existing industrial or
            manufacturing buildings into multitenant buildings by
            private developers.
            (3.1)  At long-term vacant commercial sites:
                (i)  The acquisition of land and buildings by private
            developers.
                (ii)  The construction of new buildings for
            commercial use by developers.
                (iii)  The conversion of existing commercial
            buildings or structures by private developers.
            (4)  The demolition of buildings.
            (5)  The clearing and preparation of land.
            (6)  The cleanup of hazardous waste materials.
            (7)  The engineering, design and inspection costs
        associated with other eligible infrastructure improvements.
        "Long-term vacant commercial site."  Commercial property
     which has been unoccupied and unused for at least one year prior
     to the date of application.
        * * *
        "Private developer."  Any person, partnership, corporation or
     other for-profit business entity, or any nonprofit corporation
     whose purpose is the promotion or construction of industrial
     development projects, that is engaged in the development of real
     estate, for use by more than one private company or for the
     reuse of long-term vacant commercial sites, and that is
     determined by the department to be financially responsible to
     assume all obligations proposed to be undertaken, including, but
     not limited to, acquisition, development, construction, leasing,
     sale, operation and financing.
        * * *
        Section 2.  Section 4 of the act is amended by adding a
     subsection to read:
      Section 4.  Eligibility requirements.
        * * *
        (b.1)  Job retention.--The private company shall retain or
     the private developer shall cause to be retained for a period of
     five years the number of full-time jobs that were in existence
     at the time of the loan.
        * * *
        Section 3.  Section 5 of the act is amended to read:
      Section 5.  Application procedure.
        (a)  Letter of intent.--An application for a grant, grant-to-
     loan or loan shall be initiated by a private company or private
     developer through a letter of intent to locate, expand, build or
     renovate a facility. The letter of intent shall be submitted to
     an applicant whose service area includes, at least in part, the
     site of the facility.
        (b)  Application.--Upon receipt of the letter of intent, an
     applicant may submit the letter of intent along with a request
     for an application to the department. Upon receipt of this
     information and a preliminary indication of project eligibility,
     the department shall provide an applicant with the application
     materials.
        (c)  Evaluation.--Upon receipt of a complete application, the
     department shall review the application based on the following
     criteria:
            (1)  The number of full-time equivalent jobs that will be
        created and retained and the amount of additional State and
        local tax revenue that will be directly generated by the
        private company's or private developer's new or expanded
        investment.
            (2)  In the case of a grant-to-loan or loan, the ability
        of the applicant, private company or private developer to
        repay the interest and principal.
            (3)  The increase in the Commonwealth's share of domestic
        and international commerce.
            (4)  For former industrial sites and long-term vacant
        commercial sites, the creation of opportunities to develop
        new facilities or expand existing facilities for private
        companies by eliminating, reducing or otherwise alleviating
        blight at the site.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 24th day of November, A. D. 1998.

     THOMAS J. RIDGE