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                                                      PRINTER'S NO. 2067

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1700 Session of 1989


        INTRODUCED BY KAISER, DALEY, TRICH, McNALLY, LEVDANSKY, MURPHY,
           GIGLIOTTI, COWELL, MAYERNIK, MARKOSEK, PETRONE, TRELLO,
           DeLUCA, GAMBLE, VAN HORNE, MICHLOVIC, MRKONIC, B. D. CLARK,
           COLAFELLA, VEON, LAUGHLIN, TANGRETTI, ROBINSON, ITKIN,
           DeWEESE, LaGROTTA AND PISTELLA, JUNE 14, 1989

        REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 14, 1989

                                     AN ACT

     1  Amending the act of May 6, 1968 (P.L.117, No.61), entitled, as
     2     amended, "An act providing for grants to be made by the
     3     Commonwealth for the construction, rehabilitation,
     4     alteration, expansion, or improvement of certain site
     5     development facilities and assistance in the acquisition of
     6     land located in designated impoverished urban areas; imposing
     7     duties and powers on the Secretary of Commerce and the
     8     Department of Commerce; and making an appropriation,"
     9     providing for grants to be made for industrial site
    10     development projects.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  The title and sections 2 and 3(5) of the act of
    14  May 6, 1968 (P.L.117, No.61), known as the Site Development Act,
    15  amended or added June 18,1968 (P.L.212, No.98), are amended to
    16  read:
    17                               AN ACT
    18  Providing for grants to be made by the Commonwealth for the
    19     construction, rehabilitation, alteration, expansion, or
    20     improvement of certain site development facilities and


     1     assistance in the acquisition of land located in [designated
     2     impoverished urban] distressed areas; providing for grants to
     3     be made for industrial site development projects; and
     4     imposing duties and powers on the Secretary of Commerce and
     5     the Department of Commerce; and making an appropriation.
     6     Section 2.  Definitions.--As used in this act:
     7     (1)  "Municipality" means any city, borough, town or township
     8  of the Commonwealth of Pennsylvania.
     9     (2)  "Municipality authority" means an authority created by a
    10  municipality, pursuant to the act of May 2, 1945 (P.L.382,
    11  No.164), known as the "Municipality Authorities Act of 1945."
    12     (3)  "Industrial development agency" means a nonprofit
    13  corporation or a foundation or association organized and
    14  existing under the laws of this Commonwealth, regardless of the
    15  particular name, to whose members or shareholders no profit
    16  shall enure and which shall have as a purpose the promotion,
    17  encouragement, construction, development and expansion of new or
    18  existing industrial development projects.
    19     (4)  "State agency" means any agency or department of the
    20  executive branch of government of the Commonwealth of
    21  Pennsylvania.
    22     (5)  "Department" means the Department of Commerce of the
    23  Commonwealth of Pennsylvania.
    24     (6)  "Secretary" means the Secretary of Commerce of the
    25  Commonwealth of Pennsylvania.
    26     (7)  "Project [costs"] costs," as used in section 4 only,
    27  include the cost of design and engineering, together with such
    28  other expenses as may be necessary or incident to the
    29  construction of the site development project and the placing of
    30  the same in operation, and, in the case of a site development
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     1  project under clause (5) of section 3 of this act, the cost of
     2  acquisition.
     3     (8)  "Redevelopment authority" means an authority created
     4  pursuant to the act of May 24, 1945 (P.L.991, No.385) known as
     5  the "Urban Redevelopment Law."
     6     Section 3.  Grants for Site Development Projects.--The
     7  secretary is hereby authorized, upon application of any eligible
     8  municipality, municipal authority, industrial development
     9  agency, or State agency, to make grants to said municipality,
    10  municipal authority, industrial development agency, or State
    11  agency for the construction, rehabilitation, alteration,
    12  expansion, or improvement of the following site development
    13  projects:
    14     * * *
    15     (5)  The acquisition of land and existing improvements
    16  located in [impoverished urban] distressed areas as [certified]
    17  designated by the [Secretary of Public Welfare] secretary.
    18     Section 2.  The act is amended by adding a section to read:
    19  Section 4.1.  Grants for Industrial Site Development Projects.--
    20  (a)  Grants.--The secretary is hereby authorized, upon
    21  application by an eligible municipality, county, municipal
    22  authority, industrial development agency or redevelopment
    23  authority, to make grants to said municipality, county,
    24  municipal authority, industrial development agency or
    25  redevelopment authority for eligible industrial site development
    26  projects.
    27     (b)  Eligible industrial site development projects.--To be
    28  eligible for grant funds under this section, a project must meet
    29  the following criteria, to the satisfaction of the department:
    30     (1)  Create opportunities to develop new facilities or to
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     1  expand existing facilities for manufacturing, industrial,
     2  research and development, and other industrial operations that
     3  produce goods, as determined by the department;
     4     (2)  Eliminate, reduce or otherwise alleviate blight at an
     5  industrial site; and
     6     (3)  Have potential for job creation.
     7     (c)  Eligible project costs.--Grant funds awarded under this
     8  section may be used for one or more of the following purposes:
     9     (1)  to acquire land and buildings;
    10     (2)  to demolish and clear buildings and other structures;
    11     (3)  to construct or reconstruct new or existing public or
    12  private infrastructure, including utilities;
    13     (4)  to clean up hazardous waste and materials;
    14     (5)  to excavate, grade and otherwise prepare industrial
    15  sites; or
    16     (6)  to pay engineering, design and inspection costs
    17  associated with other eligible costs.
    18     (d)  Maximum grant amount.--The maximum amount of grant funds
    19  awarded under this section to any one project in any fiscal year
    20  shall not exceed $2,500,000.
    21     Section 3.  Section 5 of the act is amended to read:
    22     Section 5.  Departmental Regulations.--(a)  Rules and
    23  forms.--The secretary is hereby authorized to promulgate
    24  necessary rules [and] , regulations, guidelines, statements of
    25  policy and forms, and prescribe conditions and procedures to
    26  effectuate the grant [program] programs authorized herein in
    27  order to assure compliance with the stated policy and objectives
    28  of this act.
    29     (b)  Limitation.--In the administration of this program no
    30  grant authorized by section 3 shall be made in connection with
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     1  any project unless it is determined that the project:
     2     (1)  Will aid directly in the industrial development or
     3  travel development of the community;
     4     (2)  Is directly related to an industrial or travel
     5  development site;
     6     (3)  Is not inconsistent with an existing development plan
     7  for the municipality;
     8     (4)  Could not otherwise be financed;
     9     (5)  Will strengthen the income-producing capability of the
    10  municipality[,]; and
    11     (6)  Is necessary to orderly community development.
    12     Section 4.  This act shall take effect immediately.












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