HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, TOMLINSON, BROWNE, ERICKSON, STACK, FONTANA, GREENLEAF, FARNESE, RAFFERTY, WAUGH, COSTA, MENSCH, BOSCOLA, SOLOBAY, BLAKE AND FERLO, SEPTEMBER 7, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 25, 2012   

AN ACT

Amending the act of October 6, 1998 (P.L.705, No.92), entitled,

as amended, "An act providing for the creation of keystone

opportunity zones and keystone opportunity expansion zones to

foster economic opportunities in this Commonwealth, to

facilitate economic development, stimulate industrial,

commercial and residential improvements and prevent physical

and infrastructure deterioration of geographic areas within

this Commonwealth; authorizing expenditures; providing tax

exemptions, tax deductions, tax abatements and tax credits;

creating additional obligations of the Commonwealth and local

governmental units; and prescribing powers and duties of

certain State and local departments, agencies and officials,"

in keystone opportunity zones, further providing for

extension for unoccupied parcels and for additional expansion

zones; providing for expansion for new job creation; further

providing for application, for qualified businesses, for

<--

corporate net income tax and for capital stock franchise tax;

and, in tax administration, further providing for application

time; and providing for monitoring data; and repealing

<--

expiration provision.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 301.3 and 301.4 of the act of October 6,

1998 (P.L.705, No.92), known as the Keystone Opportunity Zone,

Keystone Opportunity Expansion Zone and Keystone Opportunity

Improvement Zone Act, added July 10, 2008 (P.L.1014, No.79), are

amended to read:

Section 301.3.  Extension for unoccupied parcels.

(a)  Extension.--The department may approve an application to

extend the exemptions, deductions, abatements and credits under

this act as follows:

(1)  One of the following:

(i)  For a parcel in a keystone opportunity zone,

keystone opportunity expansion zone or keystone

opportunity improvement zone that is an unoccupied parcel

on the effective date of this section, for a period of

seven years from the expiration date of the zone.

(ii)  For a parcel in a keystone opportunity zone or

keystone opportunity expansion zone that is an unoccupied

parcel on the effective date of this section, for a

period of ten years from the date of occupancy, provided

that the parcel is occupied on or before December 31,

2015.

(iii)  For a parcel in a keystone opportunity zone,

keystone opportunity expansion zone or keystone

opportunity improvement zone or subzone that expires in

2013 or any year thereafter, for an additional period of 

no less than seven years but no more than ten years from

<--

the date of occupancy or from the expiration date of the

<--

zone as determined by the department. For a zone that

expires in 2013, the extension shall apply to parcels

that are unoccupied on the effective date of this

subparagraph. For a zone that expires after 2013, the

extension shall apply to parcels that are unoccupied on a

date determined by the department.

(2)  The extension of exemptions, deductions, abatements

or credits authorized under this section, except exemptions

for sales and use tax under section 511(a) or 705(a), shall

take effect only upon occupancy.

(b)  Real estate tax abatement.--The owner of an unoccupied

parcel in a keystone opportunity zone, keystone opportunity

expansion zone or keystone opportunity improvement zone that has

expired but that receives an extension of tax abatement

eligibility following the original expiration date of the

keystone opportunity zone, keystone opportunity expansion zone

or keystone opportunity improvement zone under subsection (a)

shall not receive an abatement of real property tax until the

parcel becomes occupied or developed.

(c)  Application.--Except as provided in subsection (d), in

order to extend the tax benefits for unoccupied parcels under

subsection (a), the department must receive an application from

a political subdivision or its designee no later than June 30,

2009. The application must contain the information required

under section 302(a)(1), (2), (3), (5) and (6). The application

must include all ordinances, resolutions or other required

action adopted by all political subdivisions in which the

unoccupied parcel is located adopting the extension of all tax

exemptions, deductions, abatements and credits authorized under

Chapter 7. The department, in consultation with the Department

of Revenue, shall review the application and, if approved, issue

a certification of all tax exemptions, deductions, abatements or

credits under this part for the unoccupied parcel within three

months of receipt of the application. The certification shall be

effective on the day following the expiration date of the

existing subzone. For a keystone opportunity zone, keystone

opportunity expansion zone or keystone opportunity improvement

zone or subzone that expires in 2013 or any year thereafter, in

order to extend the tax benefits under subsection (a)(1)(iii),

the department must receive an application no later than three

months prior to the expiration date of the zone.

(d)  Applications for certain zones.--For a keystone

opportunity zone that expires December 31, 2008, an application

may be submitted to the department to temporarily delay the

expiration of the exemptions, deductions, abatements and credits

for the zone until June 30, 2009. The application must be

submitted by November 30, 2008, and include all ordinances,

resolutions or other required action from all affected political

subdivisions approving the requested delay in the expiration of

the keystone opportunity zone. The department shall certify the

delay in the expiration by December 31, 2008. If the expiration

of a keystone opportunity zone is delayed under this subsection,

a political subdivision or its designee may apply for an

extension pursuant to subsection (c), provided that the

application shall be submitted by May 1, 2009, and approved by

the department no later than June 30, 2009. If an extension is

granted under subsection (c), the extension shall be deemed to

be effective January 1, 2009.

(e)  Expiration.--All extensions of an unoccupied parcel

certified under subsection (a)(1)(i) shall expire no later than

seven years following the expiration date of the existing

keystone opportunity zone, keystone opportunity expansion zone

or keystone opportunity improvement zone. All extensions of an

unoccupied parcel certified under subsection (a)(1)(ii) shall

expire no later than ten years following the date of occupancy

of the unoccupied parcel. All extensions of tax benefits under

subsection (a)(1)(iii) for a zone that expires on January 1,

2013, shall expire no later than ten years following the

approval of the extension of the existing keystone opportunity

zone, keystone opportunity expansion zone or keystone

opportunity improvement zone or subzone. An extension of tax

benefits under subsection (a)(1)(iii) shall expire no sooner

than seven years but no later than ten years following approval

of the extension or the expiration date of the zone as

<--

determined by the department.

Section 301.4.  Additional keystone opportunity expansion zones.

(a)  Establishment.--

(1)  In addition to any designations under section 301.1,

the department may designate up to 15 additional keystone

opportunity expansion zones in accordance with this section.

Each additional keystone opportunity expansion zone shall:

(i)  Not be less than ten acres in size, unless

contiguous to an existing zone.

(ii)  Not exceed, in the aggregate, a total of 350

acres.

(iii)  Be comprised of parcels that meet any of the

following criteria:

(A)  Are deteriorated, underutilized or

unoccupied on the effective date of this clause.

(B)  Are occupied by a business that:

(I)  Creates or retains at least 1,400 full-

time jobs in this Commonwealth within three years

of the designation of the keystone opportunity

expansion zone; and

(II)  Makes a capital investment of at least

$750,000,000 in the additional keystone

opportunity enhancement zone within three years

of the designation of the keystone opportunity

expansion zone.

(2)  [The department shall immediately notify political

subdivisions located within the area designated.] In addition

to any designations under section 301.1 and paragraph (1),

the department may designate up to 15 additional keystone

opportunity expansion zones in accordance with this

subsection. Each additional keystone opportunity expansion

zone shall:

(i)  Not be less than ten acres in size unless

contiguous to an existing zone.

(ii)  Not exceed, in the aggregate, a total of 350

acres.

(iii)  Be comprised of parcels that meet any of the

following criteria:

(A)  Are deteriorated, underutilized or

unoccupied on the effective date of this clause.

(B)  Are occupied by a qualified business that:

<--

(I)  creates or retains at least 1,000 full-

time jobs in this Commonwealth within three years

of the designation of the keystone opportunity 

expansion zone; and

<--

(II)  makes a capital investment of at least

$500,000,000 in the additional keystone

opportunity expansion zone within three years of

the designation of the keystone opportunity

expansion zone.

(3)  If a qualified business in a keystone opportunity

<--

expansion zone designated under paragraph (2) makes an

investment of at least $1,000,000,000 and creates the

<--

business and its affiliates, as determined by the department,

create at least 400 new permanent full-time jobs in one or

<--

more zones within seven years of the date of designation by

the department, the department shall grant to the business

<--

and its affiliates in each of the designated zones

exemptions, deductions, abatements and credits under this act

for a period of 15 years from the date of occupancy. If the 

qualified business fails and its affiliates fail to comply

<--

with the provisions of this paragraph, the period of the zone

shall revert to ten years.

(b)  Authorization.--Persons and businesses within an

additional keystone opportunity expansion zone authorized under

subsection [(a)] (a)(1) or (2) shall be entitled to all tax

exemptions, deductions, abatements or credits set forth under

this act, except exemptions for sales and use tax under section

511(a) or 705(a), for a period of ten years, beginning on 

<--

January [beginning January 1, 2010, and ending on December 31,

<--

2020]. For a keystone opportunity expansion zone established

<--

under subsection (a)(1), the ten-year period shall begin on

January 1, 2010, and end on December 31, 2019 2020. For a

<--

keystone opportunity expansion zone established under subsection

(a)(2), the ten-year period shall begin on January 1, 2013 2014,

<--

and end on December 31, 2022 2023. Exemptions for sales and use

<--

taxes under sections 511 and 705 shall commence upon designation

of the zone by the department.

(c)  Application.--In order to receive a designation under

subsection [(a)] (a)(1), the department must receive an

application from a political subdivision or its designee no

later than May 1, 2009, and no later than October 1, 2013, for a

keystone opportunity expansion zone established under subsection

(a)(2). The application must contain the information required

under section 302(a)(1), (2)(i) and (ix) and (6). The

application must include all ordinances, resolutions or other

required action adopted by all political subdivisions in which

the keystone opportunity expansion zone is located providing the

tax exemptions, deductions, abatements and credits authorized

under Chapter 7. The department, in consultation with the

Department of Revenue, shall review the application and, if

approved, issue a certification of all tax exemptions,

deductions, abatements or credits under this [part] act for the

additional keystone opportunity expansion zone within three

months of receipt of the application. The department shall act

on an application under this subsection by June 30, 2009. on an

<--

application for a designation under [this] subsection (a)(1) by

June 30, 2009, and on an application for a designation under

subsection (a)(2) by November 30, 2013. The department may make

designations under this section on a rolling basis during the

application period. The department may make designations under

subsection (a)(2) that meet the requirements of this act

provided that at least three keystone opportunity expansion

zones are reserved for counties of the fifth through eighth

class. If the department receives less than three applications

that meet the requirements of this act from counties of the

fifth through eighth class by the application deadline under

this subsection, the number of zones reserved under this

subsection, minus the number of such applications for zones the

department has approved, shall be available for designation in  

any county.

(d)  Unused keystone opportunity expansion zones.--

(1)  The department may designate any of the 15 remaining

keystone opportunity expansion zones established under

subsection (a) (a)(1) for which there was no designation by

<--

the department as of the effective date of this subsection.

To receive a designation of a remaining keystone opportunity

expansion zone under this subsection, the department must

receive an application from a political subdivision or its

designee by June 1, 2012. The application must comply with

subsection (c) except for the application deadline. The

department, in consultation with the Department of Revenue,

shall review the application and, if approved, shall issue a

certification of all tax exemptions, deductions, abatements

or credits under this act for the additional keystone

opportunity expansion zone within three months of receipt of

the application.

(2)  Persons and qualified businesses within an

<--

additional keystone opportunity expansion zone authorized

under paragraph (1) shall be entitled to all tax exemptions,

deductions, abatements or credits set forth under this act,

except exemptions for sales and use tax under section 511(a)

or 705(a), for a period of ten years beginning January 1, 

2013, and ending December 31, 2022. Exemptions for sales and

use taxes under sections 511 and 705 shall commence upon

designation of the zone by the department.

(e)  Notice.--Upon designation under this section, the

department shall immediately notify political subdivisions

located within the area designated.

Section 2.  The act is amended by adding a section to read:

Section 301.7.  Expansion for new job creation.

(a)  Expansion.--The department may approve an application to

expand the area of a keystone opportunity zone, keystone

opportunity expansion zone or keystone opportunity improvement

zone or subzone to include additional parcels that are

deteriorated, underutilized or unoccupied on the effective date

of this section and which are contiguous to the existing zone

not to exceed 15 acres if the expansion approval is expected to

<--

increase job creation or capital investment. All exemptions,

deductions, abatements and credits under this act shall be

extended to the new parcels for a period of ten years following

approval of the expansion of the keystone opportunity zone,

keystone opportunity expansion zone or keystone opportunity

improvement zone.

(b)  Application.--The following shall apply:

(1)  In order to extend the tax exemptions, deductions,

abatements and credits under this act to additional parcels

under subsection (a), the department must receive an

application from a political subdivision or its designee by

October 1, 2012.

(2)  The application under paragraph (1) must:

(i)  Contain the information required under section

302(a)(1), (2), (3), (5) and (6).

(ii)  Include all ordinances, resolutions or other

required action adopted by all political subdivisions in

which the unoccupied, deteriorated or underutilized

parcel is located adopting the expansion of the zone and

the extension of all tax exemptions, deductions,

abatements and credits authorized under Chapter 7.

(3)  The department, in consultation with the Department

of Revenue, shall review the application and, if approved,

issue a certification of all tax exemptions, deductions,

abatements or credits under this chapter for the unoccupied

parcel within three months of receipt of the application.

(4)  The certification under paragraph (3) shall be

effective ten days following designation of the expansion by

the department.

(c)  Expiration.--All expansions of an unoccupied parcel

certified under subsection (b) shall expire no later than ten

years following the effective date of certification by the

department.

Section 2.1.  Section 302(b) of the act, amended December 9,

<--

2002 (P.L.1727, No.217), is amended to read:

Section 3.  Sections 302(b), 307(a), 515(g), 516(f) and 907

<--

of the act, amended December 9, 2002 (P.L.1727, No.217), are

amended to read:

Section 302.  Application.

* * *

(b)  Participation limitation.--A political subdivision shall

not be a part of more than one proposed keystone opportunity

zone or proposed keystone opportunity expansion zone, unless the

department agrees that two zones will bring additional economic

benefit to the political subdivision. A proposed expansion

subzone may not overlap the boundaries of a subzone.

* * *

Section 307.  Qualified businesses.

<--

(a)  Qualifications.--In order to qualify each year for a tax

exemption, deduction, abatement or credit under this act, a

business shall own or lease real property in a subzone,

improvement subzone or expansion subzone from which the business

actively conducts a trade, profession or business. The qualified

business shall receive certification from the department that

the business is located and is in the active conduct of a trade,

profession or business, within the subzone, improvement subzone

or expansion subzone. The business shall obtain annual renewal

of the certification from the department to continue to qualify

under this section. The certification form shall include, but

not be limited to, all of the following:

(1)  The type and duration of the zone designation.

(2)  The number of jobs created.

(3)  The number of jobs retained.

(4)  The amount of capital investment.

(5)  Any other information, conditions or requirements

reasonably required by the department.

* * *

Section 3.  Sections 515(g) and 516(f) of the act, amended

<--

December 9, 2002 (P.L.1727, No.217), are amended to read:

Section 515.  Corporate net income tax.

* * *

(g)  Section not applicable to certain businesses.--[Any

portion of the taxpayer's taxable income that is attributable to

the operation of a railroad, truck, bus or airline company,

pipeline or natural gas company, water transportation company, a

corporation that qualifies as a regulated investment company

under Article IV of the Tax Reform Code of 1971 or holding

company as defined in Article VI of the Tax Reform Code of 1971

shall not be used to calculate a credit under this section.] The

following shall apply:

(1)  Any portion of the taxpayer's taxable income that is

attributable to the operation of any of the following may not

be used to calculate a credit under this section:

(i)  Any of the following that are required to use

special apportionment under Article IV of the Tax Reform

Code of 1971 or would be required to use special

apportionment under Article IV of the Tax Reform Code of

1971 if the taxpayer had income from business activity

taxable both within and without this Commonwealth:

(A)  A railroad, truck, bus or airline company.

(B)  A pipeline or natural gas company.

(C)  A water transportation company.

(ii)  A corporation that qualifies as a regulated

investment company under Article IV of the Tax Reform

Code of 1971.

(iii)  A holding company as defined in Article VI of

the Tax Reform Code of 1971.

(2)  The prohibition under paragraph (1) shall not apply

to the portion of a qualified business engaged in

manufacturing or processing.

Section 516.  Capital stock franchise tax.

* * *

(f)  Credit not available.--[Any portion of the taxpayer's

tax liability that is attributable to the capital employed in

the operation of a railroad, truck, bus or airline company,

pipeline or natural gas company, water transportation company, a

corporation that qualifies as a regulated investment company

under Article IV of the Tax Reform Code of 1971 or holding

company as defined in Article VI of the Tax Reform Code of 1971

shall not be used to calculate a credit under this section.] The

following shall apply:

(1)  Any portion of the taxpayer's tax liability that is

attributable to the capital employed in the operation of any

of the following may not be used to calculate a credit under

this section:

(i)  Any of the following that are required to use

special apportionment under Article IV of the Tax Reform

Code of 1971 or would be required to use special

apportionment under Article IV of the Tax Reform Code of

1971 if the taxpayer had income from business activity

taxable both within and without this Commonwealth:

(A)  A railroad, truck, bus or airline company.

(B)  A pipeline or natural gas company.

(C)  A water transportation company.

(ii)  A corporation that qualifies as a regulated

investment company under Article IV of the Tax Reform

Code of 1971.

(iii)  A holding company as defined in Article VI of

the Tax Reform Code of 1971.

(2)  The prohibition under paragraph (1) shall not apply

to the portion of a qualified business engaged in

manufacturing or processing.

Section 4.  Section 907 of the act, amended December 9, 2002

<--

(P.L.1727, No.217), is amended to read:

Section 907.  Application time.

[An] (a)  Requirement.--Except as set forth in subsection

(b), an applicant must file an application in a manner

prescribed by the department by December 31 of each calendar

year for which the applicant claims any exemption, deduction,

abatement or credit under this act.

(b)  Extension or waiver.--Upon request of the applicant, the

department may extend or waive the application deadline for good

cause shown if the political subdivision does not object to the

waiver or extension.

(c)  Approval.--No exemption, deduction, abatement or credit

may be claimed or received for that calendar year until approval

has been granted by the department.

Section 5 4.  The act is amended by adding a section to read:

<--

Section 1104.  Monitoring data.

In addition to any other requirements of this act, the

department shall monitor all of the following:

(1)  Verifiable job creation and job retention data.

(2)  Information on the types of jobs created and average

hourly wages.

(3)  Number of years in the program.

(4)  Annual, unduplicated public and private capital

investment amounts.

(5)  Business type and description.

(6)  Types and amounts of other economic development

assistance received from the department.

(7)  Documentation that proper participants identified as

relocations meet the increased full-time employment,

increased capital investment or lease agreement requirements

of this act.

Section 5.  Section 1309 of the act, amended December 9, 2002

<--

(P.L.1727, No.217), is repealed:

[Section 1309.  Expiration.

This act and all benefits associated with this act shall

terminate December 31, 2018.]

Section 6.  The amendment of section 907 of the act shall

apply retroactively to January 1, 2009.

Section 7.  This act shall take effect immediately.