HOUSE AMENDED PRIOR PRINTER'S NO. 1411 PRINTER'S NO. 2080
No. 1192 Session of 1993
INTRODUCED BY STOUT, LAVALLE, STEWART, AFFLERBACH, BODACK, PECORA, REIBMAN, CORMAN, MADIGAN, TILGHMAN, PETERSON, LINCOLN, MELLOW, DAWIDA AND FISHER, JUNE 2, 1993
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 19, 1994
AN ACT 1 Appropriating money from the Sunny Day Fund to the Department of <-- 2 Commerce for various projects throughout this Commonwealth 3 for fiscal year 1993-1994. 4 AMENDING THE ACT OF 19 (P.L. , NO. ), <-- 5 ENTITLED "AN ACT APPROPRIATING MONEY FROM THE SUNNY DAY FUND 6 TO THE DEPARTMENT OF COMMERCE FOR VARIOUS PROJECTS THROUGHOUT 7 THIS COMMONWEALTH FOR FISCAL YEAR 1994-1995," AMENDING 8 CERTAIN DATES. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The sums set forth in this act, or as much <-- 12 thereof as may be necessary, are hereby specifically 13 appropriated from the Sunny Day Fund to the Department of 14 Commerce for the fiscal year July 1, 1993, to June 30, 1994, for 15 the projects listed in this act to enhance economic development 16 and the creation of jobs in this Commonwealth in accordance with 17 the provisions of Chapter 1 of the act of July 1, 1985 (P.L.120, 18 No.32), known as the Sunny Day Fund Act. 19 Section 2. The following amounts are appropriated to the
1 Department of Commerce to induce companies to locate large 2 industrial, manufacturing or research and development 3 enterprises within this Commonwealth: 4 (1) For the purpose of making a loan to 5 CONFAB/ICD Industries for the purchase of 6 machinery and equipment to start up a new diaper 7 line and consolidate existing operations to its 8 new facility in King of Prussia, Upper Merion 9 Township, Montgomery County. CONFAB/ICD Industries 10 will invest at least $30,000,000 into the project, 11 which project will create 455 new jobs within 12 three years of operation. 13 State appropriation.................... $6,825,000 14 (2) For the purpose of making a loan to Union 15 Switch and Signal for the construction of a new 16 engineering and research and development facility 17 at the Pittsburgh Technology Center site in the 18 City of Pittsburgh, Allegheny County. Union Switch 19 and Signal will invest at least $15,000,000 into 20 the project, which project will create at least 21 250 new jobs within three years of operation. 22 State appropriation.................... 4,500,000 23 (3) For the purpose of making a loan to AEG 24 Transportation Systems for the consolidation of 25 its operations at Southpointe Business Park, Cecil 26 Township, Washington County. AEG Transportation 27 Systems will invest at least $30,000,000 into the 28 project, which project will create 350 new jobs 29 within three years of operation. 30 State appropriation.................... 7,000,000 19930S1192B2080 - 2 -
1 (4) For the purpose of making a loan to 2 Agramer Ceramics, Inc. for the location of a new 3 ceramic tile manufacturing facility in Hopewell 4 Business and Industrial Park, Hopewell Township, 5 Beaver County. Agramer Ceramics, Inc. will invest 6 at least $5,700,000 into the project, which 7 project will create 160 new jobs within three 8 years of operation. 9 State appropriation.................... 2,400,000 10 (5) For the purpose of making a loan to Carol 11 Cable for the expansion and renovation of its 12 Montoursville, Lycoming County, facility to 13 accommodate new product lines. Carol Cable will 14 invest at least $4,000,000 into the project, which 15 project will create 200 new jobs within three 16 years of operation. 17 State appropriation.................... 3,000,000 18 (6) For the purpose of making a loan to MACK 19 Trucks for the purchase, upgrading and 20 installation of machinery and equipment to be used 21 at the assembly plant located in Lower Macungie 22 Township, Lehigh County and at the engineering and 23 research and development operations located in the 24 City of Allentown, Lehigh County. MACK Trucks will 25 invest at least $30,000,000 into the project, 26 which project will create 140 new jobs within 27 three years of operation. 28 State appropriation.................... 2,700,000 29 (7) For the purpose of making a loan to 30 Saratan, Inc. for the purchase of machinery and 19930S1192B2080 - 3 -
1 equipment to be used at its medium-density 2 fiberboard facility and chip mill to be 3 constructed in Allegheny Industrial Park located 4 in Mt. Jewett, McKean County. Saratan, Inc. will 5 invest at least $38,000,000 into the project, 6 which project will create 139 new jobs within 7 three years of operation. 8 State appropriation.................... 2,000,000 9 (8) For the purpose of making a loan to 10 BioScience Contract Production Corporation for the 11 purchase of machinery and equipment to be used at 12 its new facility to be located in the Penn State 13 Research Park, College Township, Centre County. 14 BioScience Contract Production Corporation will 15 invest at least $6,000,000 into the project, which 16 project will create 100 new jobs within three 17 years of operation. 18 State appropriation.................... 1,500,000 19 Section 3. It is the intent of the General Assembly that the 20 appropriations in section 2 shall be loaned at an annual 21 interest rate that in no case shall be less than the 22 Pennsylvania Industrial Development Authority's rate for the 23 area in which the project is located. Private companies which 24 receive Sunny Day Fund assistance but fail to make the 25 investment in the enterprise development as specified in section 26 2 shall be liable for the repayment of all Sunny Day Fund 27 moneys, including any accrued interest thereon and any penalties 28 set by the Secretary of Commerce. Private companies which 29 receive Sunny Day Fund assistance but fail to create the number 30 of jobs specified in the approved loan or other agreements with 19930S1192B2080 - 4 -
1 the Commonwealth shall be liable for a penalty equal to an 2 increase in the interest charged to 2% greater than the current 3 prime interest rate for the remainder of the loan, unless the 4 penalty is waived by the Secretary of Commerce because the 5 failure is due to circumstances outside the control of the 6 private company. The Secretary of Commerce shall consult with 7 the chairmen of the Appropriations Committee of the Senate and 8 the Appropriations Committee of the House of Representatives 9 prior to the establishment of waiver of penalties. 10 Section 4. For a period equal to the term of assistance 11 provided each project under this act, the Department of Commerce 12 shall provide a written report on the status of each project to 13 the Secretary of the Senate and the Chief Clerk of the House of 14 Representatives by June 30 of each year. This report shall 15 contain, at a minimum, information pertaining to the specific 16 use of the Sunny Day Fund money, the interest rate and term of 17 the Sunny Day Fund loan, the amount of principal outstanding and 18 interest due on the loan and the number of jobs created by the 19 project. All recipients of funds under this act shall be 20 required to provide any and all information required by the 21 Department of Commerce for the purpose of this act. 22 Section 5. No funds under this act shall be awarded by the 23 Department of Commerce after June 30, 1995. Any funds from this 24 appropriation remaining unexpended or unencumbered on June 30, 25 1995, shall automatically lapse into the Sunny Day Fund. 26 Section 6. This act shall take effect immediately. 27 SECTION 1. THE TITLE AND SECTION 1 OF THE ACT OF <-- 28 19 (P.L. , NO. ), ENTITLED "AN ACT 29 APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF 30 COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH FOR 19930S1192B2080 - 5 -
1 FISCAL YEAR 1994-1995," ARE AMENDED TO READ: 2 AN ACT 3 APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF 4 COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH 5 FOR FISCAL YEAR [1994-1995] 1993-1994. 6 SECTION 1. THE SUMS SET FORTH IN THIS ACT, OR AS MUCH 7 THEREOF AS MAY BE NECESSARY, ARE HEREBY SPECIFICALLY 8 APPROPRIATED FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF 9 COMMERCE FOR THE FISCAL YEAR [JULY 1, 1994, TO JUNE 30, 1995] 10 JULY 1, 1993, TO JUNE 30, 1994, FOR THE PROJECTS LISTED TO 11 ENHANCE ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS IN THIS 12 COMMONWEALTH IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 1 OF 13 THE ACT OF JULY 1, 1985 (P.L.120, NO.32), KNOWN AS THE SUNNY DAY 14 FUND ACT. 15 SECTION 2. THIS ACT SHALL APPLY PROSPECTIVELY OR 16 RETROACTIVELY TO THE ACT OF 19 (P.L. 17 , NO. ), ENTITLED "AN ACT APPROPRIATING MONEY FROM THE SUNNY 18 DAY FUND TO THE DEPARTMENT OF COMMERCE FOR VARIOUS PROJECTS 19 THROUGHOUT THIS COMMONWEALTH FOR FISCAL YEAR 1994-1995," UPON 20 THE EFFECTIVE DATE OF THAT ACT, WHENEVER IT OCCURS. 21 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. E21L84PJP/19930S1192B2080 - 6 -