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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, BOSCOLA, ORIE, TOMLINSON, WAUGH, ERICKSON, WOZNIAK, D. WHITE, VANCE, EARLL, PIPPY, FERLO, FOLMER, RAFFERTY AND WONDERLING, MARCH 2, 2009 |
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| REFERRED TO FINANCE, MARCH 2, 2009 |
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| AN ACT |
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1 | Requiring the Department of Revenue to submit a unified economic |
2 | development budget; providing for unified reporting of |
3 | property tax reductions and abatements, for application for |
4 | economic development subsidies, for reports, for subsidy |
5 | limit and job quality standards and for recapture; |
6 | establishing a private enforcement action; and providing for |
7 | public record disclosure. |
8 | The General Assembly finds and declares as follows: |
9 | (1) Although the Commonwealth and its local government |
10 | units have granted numerous economic development subsidies in |
11 | the last 25 years, the real wage levels and health care |
12 | coverage of working families have stagnated or declined. |
13 | (2) When workers receive low wages and poor benefits, |
14 | such jobs often impose hidden taxpayer costs on citizens, in |
15 | the form of Medicaid, food stamps, earned income tax credits |
16 | and other forms of public assistance to the working poor and |
17 | their families. |
18 | (3) Citizen participation in economic development has |
19 | been impeded by a lack of readily accessible information |
20 | regarding expenditures and outcomes. |
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1 | (4) That subsidies may result in the relocation of |
2 | companies and the displacement of their former employees. |
3 | (5) Therefore, in order to improve the effectiveness of |
4 | expenditures for economic development and to ensure that they |
5 | achieve the goal of raising living standards for working |
6 | families, it is necessary to collect, analyze and make |
7 | publicly available information regarding those expenditures |
8 | and to enact certain safeguards for their use. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Short title. |
12 | This act shall be known and may be cited as the Economic |
13 | Development and Fiscal Accountability Act. |
14 | Section 2. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Applicant." Any person, association, corporation, joint |
19 | venture, partnership, public authority, public benefit |
20 | corporation, local government unit or other entity that applies |
21 | for a development subsidy. |
22 | "Brownfield." A distressed, blighted, underutilized or |
23 | abandoned property that has been previously developed for |
24 | industrial, commercial or related uses and that meets the |
25 | requirements set forth in the act of October 18, 1988 (P.L.756, |
26 | No.108), known as the Hazardous Sites Cleanup Act. |
27 | "Corporate parent." A person, association, corporation, |
28 | joint venture, partnership or other entity that owns or controls |
29 | 50% or more of a recipient corporation. |
30 | "Date of subsidy." Any of the following: |
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1 | (1) Except as otherwise provided in paragraph (2) or |
2 | (3), the date that a granting body provides the initial |
3 | monetary value of a development subsidy to a recipient |
4 | corporation. |
5 | (2) Where a development subsidy is for the installation |
6 | of new equipment, the date a recipient corporation puts the |
7 | equipment into service. |
8 | (3) Where a development subsidy is for improvements to |
9 | property, the date the improvements are finished or the date |
10 | the business occupies the property, whichever is earlier. |
11 | "Department." The Department of Revenue of the Commonwealth. |
12 | "Development subsidy." An expenditure of public funds with a |
13 | value of at least $25,000 for the purpose of stimulating |
14 | economic development within this Commonwealth, including, but |
15 | not limited to a bond, grant, loan, loan guarantee, enterprise |
16 | zone, empowerment zone, tax increment financing, fee waiver, |
17 | infrastructure improvements, land price subsidy, matching fund, |
18 | tax abatement, tax exemption and tax credits. |
19 | "Development tax subsidy." A tax credit, abatement, |
20 | exemption or reduction of any kind, including, but not limited |
21 | to, those provided as a part of a Keystone Opportunity Zone or |
22 | tax increment financing, provided for the purpose of stimulating |
23 | economic development within this Commonwealth. |
24 | "Employee." An employee other than a manager or supervisor. |
25 | "Full-time job." A job in which an individual is employed by |
26 | a recipient corporation for at least 35 hours per week. |
27 | "Granting body." An agency, board, office, public benefit |
28 | corporation or authority of the Commonwealth or a local |
29 | government unit that provides a developmental subsidy. |
30 | "Greenfield." Land that has not been previously developed. |
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1 | "Infrastructure improvements." The term shall have the same |
2 | meaning as given to it in section 2 of the act of July 11, 1996 |
3 | (P.L.677, No.116), known as the Infrastructure Development Act. |
4 | "Local government unit." An agency, board, commission, |
5 | office, public benefit corporation or public authority of a |
6 | political subdivision of the Commonwealth. |
7 | "Multiproject site." An industrial park or an area that |
8 | includes more than one industrial, commercial or retail business |
9 | and that benefits from a development subsidy. |
10 | "New employee." A full-time employee who represents a net |
11 | increase in the number of individuals employed by the recipient |
12 | corporation in this Commonwealth. The term does not include an |
13 | employee who performs a job that was previously performed by |
14 | another employee of the recipient corporation if that job |
15 | existed for at least six months before hiring the employee. |
16 | "Part-time job." A job in which an individual is employed by |
17 | a business for fewer than 35 hours per week. |
18 | "Project site." The site of a project for which a |
19 | development subsidy is provided or, in the case of |
20 | infrastructure improvements that directly benefit a particular |
21 | business, the location of the benefited business. |
22 | "Property-taxing entity." An entity that levies taxes upon |
23 | real or personal property. |
24 | "Recipient." A person, association, corporation, joint |
25 | venture, partnership, public authority, public benefit |
26 | corporation, local government unit or other entity that receives |
27 | a development subsidy. |
28 | "Recipient corporation." Any recipient that is a |
29 | corporation. |
30 | "Small business." A corporation or other business entity |
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1 | that employed fewer than 20 full-time employees or had total |
2 | gross receipts of less than $1,000,000 during the calendar year. |
3 | For the purposes of determining full-time employees and total |
4 | gross receipts, if a business is a corporation, the full-time |
5 | employees and gross receipts of the corporate parent and all |
6 | subsidiaries thereof shall be included. |
7 | "State agency." An agency, board, commission, office, public |
8 | corporation or public authority of the Commonwealth. |
9 | "Subsidy value." The face value of any and all development |
10 | subsidies provided to a recipient corporation. |
11 | "Temporary job." A job in which an individual is hired for a |
12 | season or for a limited period of time. |
13 | Section 3. Unified economic development budget report. |
14 | The department shall submit an annual unified economic |
15 | development budget report to the General Assembly no later than |
16 | three months after the end of the Commonwealth's fiscal year. |
17 | The report shall present all types of expenditures for economic |
18 | development during the prior fiscal year, including, but not |
19 | limited to: |
20 | (1) The amount of uncollected State and local government |
21 | tax revenues resulting from every tax credit, abatement and |
22 | exemption provided by the State government or a local |
23 | governmental unit, including, but not limited to, gross |
24 | receipts, income, sales, use, raw materials, excise, |
25 | property, utility, privilege and inventory taxes. |
26 | (2) The name of each taxpayer which claimed any tax |
27 | credit, abatement, exemption or reduction under paragraph (1) |
28 | of any value equal to or greater than $5,000, together with |
29 | the dollar amount received by each such taxpayer. |
30 | (3) Any tax credit, abatement, exemption or reduction |
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1 | received by a business entity of less than $5,000 each shall |
2 | not be itemized. The Department of Revenue shall report an |
3 | aggregate dollar amount of such expenditures and the number |
4 | of business entities so aggregated for each tax expenditure. |
5 | (4) All State-related expenditures for economic |
6 | development, including line-item budgets for every State- |
7 | funded entity concerned with economic development, including, |
8 | but not limited to, the Department of Community and Economic |
9 | Development, the Department of Labor and Industry, the |
10 | Department of Education, vocational education programs, State |
11 | university research programs, industrial resource centers, |
12 | Pennsylvania Infrastructure Investment Authority, work force |
13 | investment boards, economic development commissions, |
14 | industrial development authorities, regional development |
15 | authorities, finance authorities and economic stimulus |
16 | programs. |
17 | Section 4. Unified reporting of property tax reductions and |
18 | abatements. |
19 | (a) Property report.--Each property-taxing entity shall |
20 | annually submit a report to the department regarding any real |
21 | property in the property-taxing entity's jurisdiction that has |
22 | received a property tax abatement, reduction or exemption during |
23 | the fiscal year. The report shall contain information which |
24 | includes all of the following: |
25 | (1) the name of the property owner; |
26 | (2) the address of the property; |
27 | (3) the start and end dates of the property tax |
28 | abatement, reduction or exemption; |
29 | (4) the schedule of the tax reduction; |
30 | (5) each tax abatement, reduction or exemption for the |
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1 | property; and |
2 | (6) the amount of property tax revenue not paid to the |
3 | local government unit as a result of the abatement, reduction |
4 | or exemption. |
5 | (b) Unpaid tax revenue report.--Each property-taxing entity |
6 | shall submit a report to the department setting forth the total |
7 | property tax revenue not paid to the property-taxing entity |
8 | during the fiscal year as a result of all property tax |
9 | abatements, reductions and exemptions in the property-taxing |
10 | entity's jurisdiction. |
11 | (c) Time period for filing.--The reports required under |
12 | subsections (a) and (b) shall be prepared on two forms prepared |
13 | by the department and shall be submitted to the department by |
14 | the property-taxing entity no later than three months after the |
15 | end of the fiscal year. |
16 | (d) Publication.--The department shall annually compile and |
17 | publish all of the data contained in the reports required under |
18 | subsections (a) and (b) in both written and electronic form, |
19 | including the department's Internet website. |
20 | (e) Penalty for failure to report.--If the property-taxing |
21 | entity fails to submit its reports to the department within the |
22 | prescribed time, the department shall notify the State |
23 | Treasurer, whereupon the State Treasurer shall withhold further |
24 | payments of any development subsidy to the delinquent property- |
25 | taxing entity until the property-taxing entity files its reports |
26 | with the department. |
27 | Section 5. Application for economic development subsidies. |
28 | (a) Contents of application.--Each granting body, together |
29 | with the applicant for a development subsidy, shall complete an |
30 | application for the subsidy on a form prepared by the Department |
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1 | of Community and Economic Development. The information required |
2 | on the application shall include the following: |
3 | (1) An application tracking number for the granting |
4 | agency and the project. |
5 | (2) The name, street and mailing address and telephone |
6 | number of the chief officer of the granting body. |
7 | (3) The name, street and mailing addresses and telephone |
8 | number of the chief officer of the applicant's corporate |
9 | parent, if any. |
10 | (4) The name, street and mailing address and telephone |
11 | number of the chief officer of the applicant. |
12 | (5) The name, street and mailing address and telephone |
13 | number of the chief officer of the corporate parent of each |
14 | business operating on the project site, if different from the |
15 | applicant's corporate parent. |
16 | (6) The name, street and mailing address and telephone |
17 | number of the chief officer of each business operating on the |
18 | project site, if different from the applicant. |
19 | (7) The street address of the project site. |
20 | (8) The land-use classification of the project site, |
21 | including indication of whether it is greenfield or |
22 | brownfield, based on a uniform code to be established by the |
23 | Department of Community and Economic Development. |
24 | (9) The three-digit North American Industry |
25 | Classification System number of the project site. |
26 | (10) The total number of individuals employed at the |
27 | project site by each employer on the date of the application, |
28 | itemized by full-time, part-time and temporary positions. |
29 | (11) The total number of individuals employed in this |
30 | Commonwealth by the applicant's corporate parent of each |
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1 | business operating on the project site, if any, and all |
2 | subsidiaries thereof as of December 31 of the prior fiscal |
3 | year, itemized by full-time, part-time and temporary |
4 | positions for each employer. |
5 | (12) The development subsidy being applied for with the |
6 | granting body and the value of such subsidy. |
7 | (13) The infrastructure improvements to be provided at |
8 | the project site. |
9 | (14) The number of new jobs to be created by the |
10 | applicant and by each business at the project site, itemized |
11 | by full-time, part-time and temporary positions for each |
12 | employer. |
13 | (15) The average hourly wage to be paid to all current |
14 | and new employees at the project site, itemized by job |
15 | classification, the full-time, part-time and temporary |
16 | positions, and further itemized by wage groups as follows: $6 |
17 | or less per hour, $6.01 to $7 per hour, $7.01 to $8 per hour, |
18 | $8.01 to $9 per hour, $9.01 to $10 per hour, $10.01 to $11 |
19 | per hour, $11.01 to $12 per hour, $12.01 to $13 per hour, |
20 | $13.01 to $14 per hour, $14.01 to $15 per hour and $15.01 or |
21 | more per hour. |
22 | (16) The type or amount of health care coverage to be |
23 | provided by the applicant and each business operating at the |
24 | project site within 90 days of commencement of employment at |
25 | the project site, including any costs to be borne by the |
26 | employees. |
27 | (17) A list of all development subsidies that the |
28 | applicant is requesting and the name of any other granting |
29 | body from which subsidies are sought. |
30 | (18) A statement as to whether the development subsidy |
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1 | may reduce employment at any other site controlled by the |
2 | applicant or its corporate parent, if any, within or without |
3 | this Commonwealth, resulting from automation, merger, |
4 | acquisition, corporate restructuring or other business |
5 | activity. |
6 | (19) A certification by the chief officer of the |
7 | applicant as to the accuracy of the application. |
8 | (b) Copy of approved application to the department.--If the |
9 | granting body approves the application, it shall send a copy to |
10 | the Department of Community and Economic Development within 15 |
11 | days of such approval. If the application is not approved, the |
12 | granting body shall retain the application in its records. |
13 | Section 6. Reports. |
14 | (a) Annual reports.--Each granting body shall file a |
15 | progress report with the Department of Community and Economic |
16 | Development for each project for which a development subsidy has |
17 | been granted no later than February 1 of each year. The report |
18 | shall include the following information: |
19 | (1) The application tracking number. |
20 | (2) The name, street and mailing address, telephone |
21 | number and chief officer of the granting body. |
22 | (3) The name, street and mailing addresses, telephone |
23 | number and the chief officer of the recipient and all |
24 | businesses operating at the project site. |
25 | (4) A summary of the number of jobs required or expected |
26 | to be created by the recipient and all businesses at the |
27 | project site, itemized by full-time, part-time and temporary |
28 | positions and by wage groups. |
29 | (5) The wages by job classification required or expected |
30 | to be paid by the recipient to new employees and by other |
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1 | businesses at the project site and the amount of wages |
2 | actually paid. |
3 | (6) The type and amount of health care coverage provided |
4 | to the employees at the project site, including any costs |
5 | borne by the employees. |
6 | (7) A comparison of the total employment in this |
7 | Commonwealth by the recipient, each business operating on the |
8 | project site and the recipient's corporate parent, if any, on |
9 | the date of the application and the date of the report, |
10 | itemized by full-time, part-time and temporary positions. |
11 | (8) A statement as to whether the use of the development |
12 | subsidy during the previous fiscal year has reduced |
13 | employment at any other site controlled by the recipient |
14 | corporation or other business or its corporate parent, if |
15 | any, within or without this Commonwealth, the extent of the |
16 | reduction and the name and address of the business facility |
17 | where the reduction took place. |
18 | (9) The extent and value of the infrastructure |
19 | improvements that have been provided for the project site. |
20 | (10) A signed certification by the chief officer of the |
21 | recipient as to the accuracy of the progress report. |
22 | (11) On all subsequent annual progress reports which |
23 | shall be filed for the duration of the subsidy or five years, |
24 | whichever is greater, the granting body shall indicate |
25 | whether the recipient is still in compliance with its job |
26 | creation, wage and benefit goals and whether the corporate |
27 | parent, if any, is still in compliance with its Commonwealth |
28 | employment requirement. |
29 | (b) Biennial report.-- |
30 | (1) No later than 15 days after the second anniversary |
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1 | of the date of subsidy, the granting body shall file with the |
2 | Department of Community and Economic Development a two-year |
3 | progress report including the same information as required |
4 | under subsection (a). The recipient shall certify as to the |
5 | accuracy of the report. |
6 | (2) The granting body shall state in the two-year report |
7 | whether the recipient and each business operating at the |
8 | project site has achieved its job creation, wage and benefit |
9 | goals and whether each corporate parent, if any, has |
10 | maintained its level of employment in this Commonwealth at no |
11 | less than 90% of its level of employment in this Commonwealth |
12 | on the date of the subsidy. |
13 | (c) Annual report for industrial parks and multiproject |
14 | sites.--The recipient that has received a development subsidy |
15 | for an industrial park or any other site that houses more than |
16 | one business shall file a separate progress report with the |
17 | Department of Community and Economic Development, no later than |
18 | February 1 of each year. The Department of Community and |
19 | Economic Development shall provide a form for the report that |
20 | shall require the following information from all new businesses |
21 | that have located within the multiproject site during the |
22 | previous calendar year: |
23 | (1) The name, street and mailing address and telephone |
24 | number of the chief officer. |
25 | (2) The number of employees at the site, itemized by |
26 | full-time, part-time and temporary positions. |
27 | (3) A statement as to whether the relocation into the |
28 | multiproject site has reduced the work force of the new |
29 | tenant within or without this Commonwealth, the extent of the |
30 | reduction in employment and the address of each business |
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1 | facility where such a reduction took place. |
2 | (4) A signed certification by the chief officer of each |
3 | new tenant as to the accuracy of the information filed. |
4 | (d) Compilation and publication of data.--The department |
5 | shall compile and publish all data from the progress reports in |
6 | both written and electronic form, including the department's |
7 | Internet website. |
8 | (e) Access to project site and records.--The granting body |
9 | and the Department of Community and Economic Development shall |
10 | have access at all reasonable times to the project site and the |
11 | records of the recipient corporation or other business entity in |
12 | order to monitor the project and to prepare progress reports. |
13 | (f) Effect of noncompliance.--A recipient or business that |
14 | fails to provide the granting body with the information or |
15 | access required under this section shall be subject to a fine of |
16 | not less than $500 per day to commence within ten working days |
17 | after the February 1 deadline and of not less than $1,000 per |
18 | day to commence 20 days after such deadline. |
19 | Section 7. Subsidy limit and job quality standards. |
20 | A granting body may not award: |
21 | (1) A development subsidy if the cost per job is greater |
22 | than $35,000. The cost shall be determined by dividing the |
23 | amount of the subsidy by the number of full-time jobs |
24 | required under the application approved by the granting body. |
25 | (2) A subsidy to an applicant unless the average of the |
26 | wages paid to employees at the project site are equal to or |
27 | exceed 85% of the average hourly wage paid to nonmanagerial |
28 | employees in this Commonwealth, except that for small |
29 | businesses, the average wage must equal or exceed 75% of the |
30 | wages established under this paragraph. The computation of |
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1 | wages under this paragraph shall only apply to a recipient |
2 | that provides the health care coverage as approved in its |
3 | application by the granting body. |
4 | Section 8. Recapture. |
5 | (a) General rule.--Each business at the site shall fulfill |
6 | its job creation and wage requirements for the project site |
7 | within two years of the date of subsidy. The recipient shall |
8 | maintain its wage and benefit goals as long as the subsidy is in |
9 | effect or for five years, whichever is longer. |
10 | (b) Corporate parent duties.--The corporate parent of a |
11 | recipient corporation must maintain at least 90% of its |
12 | employment in this Commonwealth as long as the development |
13 | subsidy is in effect or for not less than five years, whichever |
14 | is longer. |
15 | (c) Procedure.--If the requirements under subsection (a) or |
16 | (b) are not fulfilled, the granting body shall recapture the |
17 | development subsidy from the recipient corporation as follows: |
18 | (1) Upon a failure by the recipient corporation or other |
19 | business at the site benefiting from the subsidy to create |
20 | the required number of jobs or to pay the required wages or |
21 | benefits, the amount recaptured shall be based on the pro |
22 | rata amount by which the unfilled jobs, wages or benefits |
23 | bear to the total amount of the development subsidy. |
24 | (2) Upon the failure of the corporate parent to maintain |
25 | at least 90% of its employment in this Commonwealth, the rate |
26 | of recapture shall equal twice the percentage by which the |
27 | employment is less than 90%. |
28 | (d) Notice of intent to recapture.--The granting body shall |
29 | provide notice to the recipient corporation or business at the |
30 | site of its intent to recapture the development subsidy and |
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1 | state the reasons and amount to be recaptured. The recipient |
2 | corporation or business at the site shall remit to the governing |
3 | body such amount within 60 calendar days of the date of the |
4 | notice. |
5 | (e) Declaration of subsidy as null and void.--If a recipient |
6 | corporation or business at the site defaults on a development |
7 | subsidy in three consecutive calendar years, the granting body |
8 | shall declare the subsidy null and void, and shall so notify the |
9 | Department of Community and Economic Development and the |
10 | recipient corporation or business at the site. The recipient |
11 | corporation shall pay back to the granting body all remaining |
12 | value of the development subsidy it has not previously repaid |
13 | within 180 calendar days of the date of the notice of such |
14 | default. |
15 | Section 9. Private enforcement action. |
16 | If a granting body fails to enforce any provision of this |
17 | act, any individual who paid personal income taxes to the |
18 | Commonwealth in the calendar year prior to the year in dispute, |
19 | or any organization representing such taxpayers, shall be |
20 | entitled to bring a civil action in an appropriate court to |
21 | compel enforcement under this act. The court shall award |
22 | reasonable attorney fees and costs to such prevailing taxpayer |
23 | or organization. |
24 | Section 10. Public record disclosure. |
25 | All records required to be prepared or maintained under this |
26 | act, including, but not limited to, applications, progress |
27 | reports, recapture notices and any other records or proceedings |
28 | relating thereto, shall be subject to disclosure under the act |
29 | of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
30 | Law. |
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1 | Section 11. Preemption. |
2 | Nothing in this chapter shall require or authorize any |
3 | recipient corporation to reduce wages or benefits established |
4 | under any collective bargaining agreement or Federal or State |
5 | prevailing wage laws. |
6 | Section 12. Severability. |
7 | The provisions of this act are severable. If any provision of |
8 | this act or its application to any person or circumstance is |
9 | held invalid, the invalidity shall not affect other provisions |
10 | or applications of this act which can be given effect without |
11 | the invalid provision or application. |
12 | Section 40. Effective date. |
13 | This act shall take effect in 60 days. |
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