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PRIOR PRINTER'S NO. 298
PRINTER'S NO. 500
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
385
Session of
2015
INTRODUCED BY PILEGGI, RAFFERTY, BREWSTER, COSTA, GREENLEAF,
SCHWANK, SMITH, VULAKOVICH, WARD, YUDICHAK AND BROWNE,
FEBRUARY 3, 2015
SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED,
FEBRUARY 23, 2015
AN ACT
Amending the act of December 8, 2004 (P.L.1801, No.238),
entitled "An act empowering municipalities, counties and
public transportation agencies to work cooperatively to
establish Transit Revitalization Investment Districts (TRID),
including partnerships with the National Railroad Passenger
Corporation requiring planning studies, comprehensive plan
and zoning amendments and use of existing statutes and
techniques to achieve transit-oriented development,
redevelopment, community revitalization and enhanced
community character through TRID creation; establishing value
capture areas as a means to reserve and use future,
designated incremental tax revenues for public transportation
capital improvements, related site development improvements
and maintenance; promoting the involvement of and
partnerships with the private sector in TRID development and
implementation; encouraging public involvement during TRID
planning and implementation; and providing for duties of the
Department of Community and Economic Development," in general
provisions, further providing for definitions; in TRID
creation and location, further providing for criteria for
proposed TRID, for TRID designation, for implementing
authority, for TRID planning study factors, for roles and
responsibilities of public transportation agencies and
municipalities and for amendments to TRID planning study; in
land development powers of public transportation agencies,
further providing for development or redevelopment of
property; in value capture approaches, further providing for
creation of value capture area and for dedication of tax
revenues; providing for capture of TRID tax revenue; and, in
community involvement, further providing for public meeting
to explain TRID and alternative implementation approaches.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of December 8, 2004
(P.L.1801, No.238), known as the Transit Revitalization
Investment District Act, is amended by adding a definition to
read:
Section 103. 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:
* * *
"Management entity." Any of the following:
(1) A participating municipality or transit agency.
(2) A redevelopment authority, municipal authority,
neighborhood improvement district, business improvement
district or a similar governmental or nonprofit organization
authorized to act in a manner consistent with the TRID
planning study and with a services area compatible with the
TRID.
* * *
Section 2. Sections 301, 302, 303, 304, 305, 306, 502, 701
and 702 of the act are amended to read:
Section 301. Criteria for proposed TRID.
Local municipalities, counties, transportation authorities
and public transportation agencies proposing to define and
develop a TRID shall use the following criteria and process:
(1) Eligible TRID locations may include any geographic
area of a municipality or municipalities, including vacant,
underutilized or potentially redevelopable land, within an
area generally formed by a minimum radius of one-eighth mile
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and not to exceed a radius of one-half mile from a railroad,
transit, light rail, busway or similar transit stop or
station, measured from the centerline of the track or roadway
traversing the station or stop location. TRID designation may
also include new station locations proposed in conjunction
with a planned public transportation service, as defined on
an adopted county, regional or public transportation agency
plan.
[(2) The specific boundaries of a TRID may be expanded
or reduced based on local circumstances such as local
economic development and planning goals, community character,
property boundary and scale variations but only when:
(i) authorized by the governing body or bodies of
the affected jurisdiction or jurisdictions in cooperation
with the pertinent public transportation agency; and
(ii) the rationale for the boundaries is supported
by the findings of the required TRID planning study.]
(3) A local municipality or municipalities shall
[further] define and support the rationale for the TRID
designation through a TRID planning study as well as
appropriate amendments to the municipal comprehensive plan,
zoning ordinance and other pertinent regulations.
(4) A local municipality may designate the county
planning agency to undertake or assist the TRID planning
study on its behalf.
(5) An existing neighborhood improvement district, tax
increment district or urban renewal area may be used as the
basis for the boundaries of a TRID when justified by the TRID
planning study required in section 304.
Section 302. TRID designation.
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(a) Designation.--Local municipalities and counties working
with public transportation agencies, transportation authorities,
AMTRAK, passenger rail transportation providers or any
combination thereof may designate TRIDs in advance of
implementation of a new public transit service or in conjunction
with an existing public transportation service and in advance of
or in conjunction with actual development proposals. A TRID and
its boundaries shall be established by ordinance.
(b) Agreement.--To create a TRID, in addition to the
planning study described in section 301(3), the municipality or
municipalities shall enter into an agreement with the transit
agency that approves the TRID planning study under section
301(3) and defines the activities [and], commitments and
administrative and management roles of each party to the TRID,
including any specific actions or financial participation to
help implement the TRID. The agreement shall include the
development agreement specified in section 504 as well as a
description of the TRID management entity described in section
[502(4)] 303.
Section 303. [Implementing authority] Management entity.
[A participating county, local municipality, transportation
authority and public transportation agency may designate on
their behalf the county redevelopment authority to assume
responsibility for TRID implementation.] The participating local
municipality or county and the transit agency shall designate
the management entity in the TRID agreement to administer,
manage and facilitate the implementation of the TRID planning
study.
Section 304. TRID planning study factors.
The scope and scale of transit improvements and community
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facility improvements, as well as any needed support facilities,
shall be assessed in the TRID planning study. The TRID planning
study shall also serve as the basis for a comprehensive plan
amendment to establish the TRID if the municipality has a
currently adopted comprehensive plan. The following shall apply:
(1) The planning study shall consider the need for
capital improvements to transit-related facilities and
adjacent public infrastructure, including roads, sidewalks
and water, sewer and storm drainage service and public
facilities, as well as opportunities for private sector real
estate development and ways in which such facilities,
services and development can be financed.
(2) Municipalities and counties undertaking a TRID
planning study shall receive priority consideration for
planning [and implementation] grants and technical assistance
from the department[, working in partnership with the
pertinent county planning agency or agencies and other State
agencies with grant or loan programs that may be applicable
to TRID planning or implementations]. Any funding
[appropriated to the Department of Community and Economic
Development for the purpose of carrying out this act is
intended to assist counties and local governments on a 25%
matching basis to undertake TRID planning studies and related
implementation activities. Individual grants for a TRID
planning study or implementation project shall not exceed
$75,000. The department in consultation with the Department
of Transportation shall administer the supplemental TRID
program through the existing land use planning and technical
assistance program, with application guidance as necessary.]
utilized by the department to assist with TRID planning
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studies, except where otherwise limited by law, shall be
awarded on a 25% matching basis.
(3) Commonwealth agencies are directed to provide State
resources, programs and new capital investments that will
assist local governments, transportation authorities and
transit agencies to implement TRIDS.
Section 305. Roles and responsibilities of public
transportation agencies and municipalities.
As guidelines to implement the findings and recommendation of
the TRID planning study, the following roles and
responsibilities are defined:
(1) The scope and scale of needed or proposed transit
capital improvements within the TRID area are the
responsibility of the partnering public transportation
agency. The cost, financing, phasing and schedule of all
transit-related improvements shall be included in the public
transportation agency's adopted capital program.
(2) The scope and scale of needed or proposed support
facilities, highway accessways and community or neighborhood
facility improvements, for example, sidewalks and recreation
facilities, are the responsibility of the partnering county
and local jurisdiction or jurisdictions and may include
support from the private sector.
[(3) Notwithstanding these stated roles and
responsibilities, the parties to a TRID shall be responsible
for defining the administrative and management roles and
responsibilities that will be most appropriate to achieve
implementation of the TRID in their community.]
Section 306. Amendments [to TRID planning study].
[Proposed real estate development or redevelopment may
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trigger additional needs for transit improvements and community
facility improvements or support facilities and shall be
accommodated through pertinent amendments of the TRID planning
study and county, multimunicipal or local municipal
comprehensive plan.] If warranted by a changing economic or
community condition, planning goal, real estate development,
redevelopment opportunity or a demonstrated need for transit or
community facility improvement, a TRID or TRID planning study
may be amended. The following shall apply:
(1) The boundaries of a TRID may be expanded or reduced
by an amendment to the ordinance establishing the TRID and
shall be accompanied by justification for the boundary change
supported by findings in the original or amended TRID
planning study.
(2) A TRID planning study may be amended by approval of
the municipality , municipalities or counties and the transit
agency that are parties to the TRID designation under section
302.
Section 502. Development or redevelopment of property.
Development or redevelopment of property within a TRID shall
generally occur in the following manner:
(1) The public transportation agency may acquire the
property, improve it for future development, such as site
clearance, utility work, environmental remediation and
similar improvements, and work cooperatively with the
pertinent local jurisdiction or jurisdictions and
implementing agencies to offer it for sale to the private
sector for use or uses consistent with the adopted TRID plan.
(2) Alternatively, the public transportation agency may
advertise the presence of available development sites within
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a TRID, including a map of potentially developable or
redevelopable properties, and invite interested developers to
submit proposals in cooperation with the pertinent local
jurisdiction or jurisdictions and implementing agencies.
(3) In the case of either paragraph (1) or (2), the
public transportation agency may not be the primary real
estate developer, and joint development activities are
confined to the construction of support and access
facilities: that is, vehicular access, parking, pedestrian
ways, building pads, foundation columns, signage and similar
items.
[(4) The partnering TRID local municipality or
municipalities shall designate a management entity for the
TRID which may be a municipal authority or joint municipal
authority, in accordance with the requirements of 53 Pa.C.S.
Ch. 56 (relating to municipal authorities) to manage and
facilitate TRID implementation. The local municipality or
municipalities involved in the TRID shall retain policy and
oversight responsibilities for all budgetary and programmatic
actions of the designated TRID management entity.]
(5) Creative partnerships with AMTRAK, passenger rail
transportation providers, transportation authorities and the
private sector to accomplish TRID purposes that use the
benefits of AMTRAK's and passenger rail service providers'
existing real estate development powers are both desirable
and encouraged.
[(6) Neighborhood improvement districts, business
improvement districts or similar entities may be designated
to manage the TRID implementation activities.]
Section 701. Creation of value capture area.
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In conjunction with the formal establishment of the TRID
boundaries, a coterminous value capture area shall
simultaneously be created to enable local municipalities, school
districts, the county and the public transportation agency to
share the increased tax increment of real estate and other
designated tax revenues generated by new real estate investment
within the TRID. The participants in the TRID, through the
designated management entity, shall develop an administrative
and project schedule and budget to implement the project,
including future maintenance needs, as defined in the TRID
planning study, as well as the shares and use of [such tax] the
incremental revenues as are projected to be generated from the
TRID value capture area. The participating municipality or
municipalities may review and revise the TRID budget.
Section 702. Dedication of tax revenues.
[Tax] A portion of incremental tax revenues generated within
a TRID shall be dedicated to completion and future maintenance
of the specific and necessary transit capital and public
infrastructure improvements designated in the comprehensive plan
amendment and TRID planning study as follows:
(1) Local [municipalities and counties shall not use
such revenues for general government purposes, and a public
transportation agency shall not use such revenues for transit
capital investments elsewhere on the public transportation
system.] taxing bodies shall approve that portion of revenues
which shall be dedicated to support TRID implementation and
that portion which shall be dedicated for general government
purposes.
(1.1) A public transportation agency may not use the
revenue for a transit capital investment outside of a
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designated TRID except if the investment is necessary and
integral to achieve an approved TRID implementation
objective.
(2) Local municipalities, school districts and the
county shall establish an amortization schedule for receipt,
investment and expenditure of any TRID tax incremental
revenues[, not to exceed 20 years,] similar to the
amortization schedule in the act of July 11, 1990 (P.L.465,
No.113), known as the Tax Increment Financing Act. [However,
where a municipal or joint municipal authority has been
created, it shall be responsible for fixing the amortization
schedule and for defining the TRID capital improvement plan.]
Incremental tax revenue generated by a TRID property may be
directed for use in TRID projects for up to 20 years from the
date a property is designated as a TRID.
Section 3. The act is amended by adding a chapter to read:
CHAPTER 8
CAPTURE OF TRID TAX REVENUE
Section 801. 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:
"Baseline year." The calendar year the department approved
the TRID as a recipient of tax revenue generated within the
TRID.
"Bond." The term includes a note, instrument, refunding note
or other evidence of indebtedness or obligation.
"Department." The Department of Revenue of the Commonwealth.
"Eligible project." Development or improvement within a
TRID, including construction, infrastructure and site
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preparation, reconstruction or renovation of a facility within a
TRID which will result in economic development or transit-
oriented development in accordance with the TRID and the TRID
planning study.
"Eligible tax." As follows:
(1) Any of the following taxes if generated within an
area of not more than 100 acres, comprised of parcels
designated by the management entity:
(i) Corporate net income tax, capital stock and
franchise tax or bank shares tax, calculated and
apportioned as to amount attributable to the location
within the TRID and calculated under section 1904 - B(b)
and (c) of the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971.
(ii) Sales and use tax, only to the extent the tax
is related to the activity of a qualified business within
the TRID.
(iii) Personal income tax withheld from its
employees by a qualified business for work performed in
the TRID.
(iv) Tax paid to the Commonwealth on RELATED TO the
sale of liquor, wine or malt or brewed beverages in the
TRID.
(2) The term does not include cigarette tax.
"Qualified business." As follows:
(1) An entity located or partially located in a TRID
which meets the requirements of all of the following:
(i) Has conducted an active trade or business in the
TRID.
(ii) Appears on the timely filed list under section
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805(a).
(2) A construction contractor engaged in construction,
including infrastructure or site preparation, reconstruction
or renovation of a facility located in or partially in the
TRID.
(3) The term does not include an agent, broker or
representative of a business.
"TRID fund." A TRID fund established under section 806.
Section 802. Approval.
(a) Submission.--A management entity may apply to the
Department of Community and Economic Development to establish a
TRID fund for the purposes of funding an eligible project or for
covering debt service payments related to debt incurred to fund
an eligible project.
(b) Agencies.--The Department of Community and Economic
Development and the department must approve each application ,
provided that the Department of Community and Economic
Development shall only have the authority to approve two
applications under the provisions of this chapter.
(c) Approval schedule.--The Department of Community and
Economic Development shall develop a schedule for the approval
of applications provided that an application under this section
shall be approved or disapproved within 90 days of the postmark
date of the submission. An application which is not disapproved
within the time period under this subsection shall be deemed to
be approved.
(d) Reapplication.--If an application is not approved under
this section, the applicant may revise the application and plan
and reapply for approval.
Section 803. Additional powers of management entities.
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In addition to other powers and functions of management
entities granted under this act, a management entity shall have
the power to borrow money for the purposes of executing a TRID
or TRID planning study for which a TRID fund has been approved
under section 802.
Section 804. Prohibition on management entities.
A member of the management entity may not receive money
directly or indirectly from the TRID fund.
Section 805. Qualified businesses.
(a) List.--By June 1 following the end of the baseline year,
and for every year thereafter, each management entity shall file
with the department a complete list of all businesses located in
the TRID and all construction contractors engaged in
construction, reconstruction or renovation of a facility in the
TRID in the prior calendar year. The list shall include for each
business address, State tax identification number and parcel
number and a map of the TRID with parcel numbers.
(b) Time.--If the list under subsection (a) is not timely
provided to the department, no eligible State tax shall be
certified by the department for the prior calendar year.
Section 806. Funds.
(a) Notice.--Following the approval of an application under
section 802, the management entity shall notify the State
Treasurer.
(b) Establishment.--Upon receipt of notice under subsection
(a), the State Treasurer shall establish for each TRID a special
fund for the benefit of the management entity to be known as the
TRID Fund. Interest income derived from investment of money in a
fund shall be credited by the State Treasury to the fund.
Section 807. Reports.
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(a) TRID report.--By June 15 following the baseline year and
each year thereafter, each qualified business shall file a
report with the department in a form or manner required by the
department which includes all of the following:
(1) Amount of each eligible tax which was paid to the
Commonwealth by the qualified business in the prior calendar
year.
(2) Amount of each eligible tax refund received from the
Commonwealth in the prior calendar year by the qualified
business.
(b) Penalties.--
(1) Failure to file a timely and complete report under
subsection (a) may result in the imposition of a penalty of
the lesser of:
(i) ten percent of all eligible tax due the taxing
authority in the prior calendar year; or
(ii) one thousand dollars.
(2) A penalty for a violation of subsection (a) shall be
imposed, assessed and collected by the department under
procedures set forth in Article II of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
Money collected under this paragraph shall be deposited in
the General Fund.
Section 808. Calculation of baseline.
(a) Baseline tax.--By October 15 following the end of the
baseline year and for each year thereafter, the department shall
verify the State baseline tax amount which consists of 75% of
the following:
(1) For qualified businesses that file timely TRID
reports under section 807, the amount of eligible State tax
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paid, less eligible State tax refunds.
(2) For qualified businesses not included under
paragraph (1) but located or partially located in the TRID as
determined by the department or included in the information
received by the department under section 807(a), the amount
of eligible State tax paid, less eligible State tax refunds.
(b) Moves and noninclusions.--
(1) This subsection applies to a qualified business
that:
(i) moves into a zone from within this Commonwealth
after the baseline year; or
(ii) is in a zone but not included in the
calculation of the State baseline tax under subsection
(a).
(2) A qualified business subject to paragraph (1) shall
file a TRID report under section 807 following the end of the
first full calendar year in which the qualified business
conducted business in the TRID and each calendar year
thereafter. The amount of eligible State tax verified by the
department for the qualified business for the prior calendar
year shall be added to the State baseline tax amount for the
zone for the prior calendar year and each year thereafter.
(3) The calculation under this section may not include
the eligible taxes of a qualifying business moving into the
TRID from outside this Commonwealth.
Section 809. Certification.
(a) Amounts.--By the October 15 following the baseline year,
and each year thereafter, the department shall do all of the
following for the prior calendar year:
(1) Make the following calculation for qualified
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businesses which file TRID reports under section 807(a),
separately for each TRID:
(i) Subtract:
(A) the amount of eligible State tax refunds
received; from
(B) the amount of eligible State tax paid.
(ii) Subtract:
(A) the State tax baseline amount for the zone;
from
(B) the difference under subparagraph (i).
(2) Certify to the Office of the Budget the difference
under paragraph (1)(ii).
(b) Content.--
(1) The certification may include the following:
(i) Adjustment made to timely filed TRID reports by
the department for eligible State tax actually paid by a
qualified business in the prior calendar year.
(ii) Eligible State tax refunds paid to a qualified
business in the TRID in a prior calendar year.
(iii) State tax penalties paid by a qualified
business in the prior year under section 807(b).
(2) The certification shall not include the following:
(i) Tax paid by a qualified business that did not
file a timely TRID report under section 807(a).
(ii) Tax paid by a qualified business whose tax was
not included in the State tax baseline amount calculation
under section 808.
(iii) Tax paid by a qualifying business not
appearing on a timely filed list under section 805(a).
Section 810. Transfers.
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(a) Office.--Within 10 days of receiving the certification
from the department under section 809, the Office of the Budget
shall direct the State Treasurer to transfer the amount of
certified eligible TRID tax not to exceed $350,000 per annum
from the General Fund to each TRID fund.
(b) State Treasurer.--Within 10 days of receiving direction
under subsection (a), the State Treasurer shall pay into the
TRID fund the amount directed under subsection (a) until bonds
issued to finance the construction, including related
infrastructure and site preparation, reconstruction or
renovation of a facility or other eligible project in the TRID
are retired.
(c) Notification.--The following shall apply:
(1) If the transfers under subsection (a) are
insufficient to make payments on the bonds issued under
section 811(a)(1) for the calendar year when the transfers
are made, the management entity shall notify the Department
of Community and Economic Development, the Office of the
Budget and the department of the amount of additional money
necessary to make payments on the bonds.
(2) The notification under paragraph (1) must be
accompanied by a detailed account of the management entity's
expenditures and the calculation which resulted in the
request for additional money. The Department of Community and
Economic Development, the Office of the Budget or the
department may request additional information from the
management entity and shall jointly verify the proper amount
of money necessary to make the payments on the bonds.
(3) Notwithstanding 53 Pa.C.S. § 5607(e) (relating to
purposes and powers) within 90 days of the date of the
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notification request, the Office of the Budget shall direct
the State Treasurer to establish a restricted account within
the General Fund. The Office of the Budget shall direct the
State Treasurer to transfer the amount verified under
paragraph (2) from the General Fund to the restricted account
for the use of the management entity to make payments on the
bonds issued under section 811(a)(1).
(4) Money transferred under paragraph (3):
(i) shall be limited to $100,000 ; and
(ii) must occur in the first seven calendar years
following the baseline year.
(5) Under extraordinary circumstances, a management
entity may request money in excess of the limitations under
paragraph (4)(i). The Department of Community and Economic
Development, the Office of the Budget and the department
shall determine whether the circumstances merit additional
money and the amount to be transferred. The money shall be
transferred under the procedure under this section.
(6) Money transferred under paragraph (3) shall be
repaid to the General Fund by the management entity. If money
transferred under paragraph (3) is not repaid to the General
Fund by the management entity by the date of the final
payment on the bonds originally issued under section
811 (a) (1), the municipality or county and the transit agency
which established the management entity shall pay, in equal
shares, the money not repaid to the General Fund plus an
additional penalty of 10% of the amount outstanding on the
date of the final payment on the bonds originally issued
under section 811(a)(1).
Section 811. Restrictions.
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(a) Utilization.--If the use was approved in an application
filed under section 802, money transferred under section 810 may
only be utilized for the following:
(1) Payment of debt service on bonds issued for the
construction, including related infrastructure and site
preparation, reconstruction or renovation of a facility in
the TRID.
(2) Construction, including related infrastructure and
site preparation, reconstruction or renovation of all or a
part of a facility.
(3) Replenishment of amounts in debt service reserve
funds established to pay debt service on bonds.
(4) Improvement or development of all or part of a TRID.
(5) Improvement projects, including fixtures and
equipment for a facility owned by a public authority.
(b) Prohibition.--Money transferred under section 810 may
not be utilized for maintenance of a facility.
(c) Excess money.--
(1) If the amount of money transferred to the fund under
section 810 in any one calendar year exceeds the money
utilized under this section in that calendar year, the
management entity shall submit by January 15 following the
end of the calendar year the excess money to the State
Treasurer for deposit into the General Fund.
(2) At the time of submission to the State Treasurer,
the management entity shall submit to the State Treasurer,
the Office of the Budget and department a detailed accounting
of the calculation resulting in the excess money.
(3) The excess money shall be credited to the management
entity and applied to the amount required to be repaid under
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section 810(c)(6) until there is full repayment.
(d) Matching funds.--
(1) The amount of money transferred from the TRID fund
utilized for the construction, including related site
preparation and infrastructure, reconstruction or renovation
of facilities shall be matched by other sources of funding at
a ratio of two fund dollars to one private dollar.
(2) By April 1, following the baseline year and for each
year thereafter, the management entity shall file an annual
report with the Department of Community and Economic
Development, the Office of the Budget and the department that
contains detailed account of the fund money expenditures and
the expenditures of funds from other sources and a
calculation of the ratio in paragraph (1) for the prior
calendar year. The agencies shall determine whether
sufficient funding from other sources was utilized.
(3) If it is determined that insufficient funding from
other sources was utilized under paragraph (1), the amount of
TRID fund money utilized under paragraph (1) in the prior
calendar year shall be deducted from the next transfer of the
fund.
Section 812. Duration.
A TRID fund shall be in effect for:
(1) the amount of time required to complete any approved
eligible project for which debt was not incurred; or
(2) a period equal to the length of time for the
repayment of debt incurred for the TRID, including bonds
issued. Bonds shall be paid no later than 30 years following
the initial issuance of the bonds.
Section 813. Commonwealth pledges.
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(a) Pledge.--If and to the extent the management entity
pledges amounts required to be transferred to its TRID fund
under section 810 for payment of bonds issued by the management
entity, until all bonds secured by the pledge of the management
entity, together with interest on the bonds, are fully paid or
provided for, the Commonwealth pledges to and agrees with any
person, firm, corporation or government agency, in this
Commonwealth or elsewhere and pledges to and agrees with any
Federal agency subscribing to or acquiring the bonds of the
contracting authority that the Commonwealth will not, nor will
it authorize any government entity to, do any of the following:
(1) Abolish or reduce the size of the TRID .
(2) Amend or repeal section 808 or 809.
(3) Limit or alter the rights vested in the management
entity in a manner inconsistent with the obligations of the
management entity with respect to the bonds issued by the
management entity.
(4) Impair revenue to be paid under this chapter to the
management entity necessary to pay debt service on bonds.
(b) Limitation.--Nothing under this section shall limit the
authority of the Commonwealth to change the rate, base or
subject of a specific tax or to repeal or enact any tax.
Section 814. Confidentiality.
(a) Sole use.--A TRID report or certification under this
chapter shall only be used by the management entity, the
Department of Community and Economic Development, the Office of
the Budget or the department to verify the amount of the State
tax baseline amount calculated under section 808 and State tax
certification under section 809.
(b) Prohibition.--Use of a TRID report other than as
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provided under subsection (a) shall be prohibited and shall be
subject to the law applicable to the confidentiality of tax
records.
Section 815. Guidelines.
By December 31, 2016, the Department of Community and
Economic Development, the Office of the Budget and the
department shall develop and publish guidelines necessary to
implement this chapter.
Section 4. Section 901 of the act is amended to read:
Section 901. Public meeting to explain TRID and alternative
implementation approaches.
Community and public involvement in the establishment of
TRIDs is required. The municipality and the public
transportation agency shall jointly conduct at least one public
meeting in the proposed TRID area prior to the enactment of a
TRID[,] and TRID planning study[, comprehensive plan or zoning
amendment]. The meeting is intended to explain the purpose and
components of the TRID and the alternative implementation
approaches. The public meeting or meetings shall be in addition
to any required local government public hearing or hearings
prior to comprehensive or multimunicipal plan amendment
adoption. However, nothing in this act shall relieve the [TRID
management entity] municipality or public transportation entity
from conducting all public meetings required by law where the
TRID is acting or seeking to act under the:
(1) Act of May 24, 1945 (P.L.991, No.385), known as the
Urban Redevelopment Law.
(2) Act of July 11, 1990 (P.L.465, No.113), known as the
Tax Increment Financing Act.
(3) Act of December 20, 2000 (P.L.949, No.130), known as
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the Neighborhood Improvement District Act.
Section 5. This act shall take effect in 60 days.
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