HOUSE AMENDED
PRIOR PRINTER'S NOS. 1411, 2080 PRINTER'S NO. 2286
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, JUNE 20, 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 APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF <--
10 COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH
11 FOR FISCAL YEAR 1994-1995.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The sums set forth in this act, or as much <--
15 thereof as may be necessary, are hereby specifically
16 appropriated from the Sunny Day Fund to the Department of
17 Commerce for the fiscal year July 1, 1993, to June 30, 1994, for
18 the projects listed in this act to enhance economic development
19 and the creation of jobs in this Commonwealth in accordance with
20 the provisions of Chapter 1 of the act of July 1, 1985 (P.L.120,
21 No.32), known as the Sunny Day Fund Act.
1 Section 2. The following amounts are appropriated to the
2 Department of Commerce to induce companies to locate large
3 industrial, manufacturing or research and development
4 enterprises within this Commonwealth:
5 (1) For the purpose of making a loan to
6 CONFAB/ICD Industries for the purchase of
7 machinery and equipment to start up a new diaper
8 line and consolidate existing operations to its
9 new facility in King of Prussia, Upper Merion
10 Township, Montgomery County. CONFAB/ICD Industries
11 will invest at least $30,000,000 into the project,
12 which project will create 455 new jobs within
13 three years of operation.
14 State appropriation.................... $6,825,000
15 (2) For the purpose of making a loan to Union
16 Switch and Signal for the construction of a new
17 engineering and research and development facility
18 at the Pittsburgh Technology Center site in the
19 City of Pittsburgh, Allegheny County. Union Switch
20 and Signal will invest at least $15,000,000 into
21 the project, which project will create at least
22 250 new jobs within three years of operation.
23 State appropriation.................... 4,500,000
24 (3) For the purpose of making a loan to AEG
25 Transportation Systems for the consolidation of
26 its operations at Southpointe Business Park, Cecil
27 Township, Washington County. AEG Transportation
28 Systems will invest at least $30,000,000 into the
29 project, which project will create 350 new jobs
30 within three years of operation.
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1 State appropriation.................... 7,000,000
2 (4) For the purpose of making a loan to
3 Agramer Ceramics, Inc. for the location of a new
4 ceramic tile manufacturing facility in Hopewell
5 Business and Industrial Park, Hopewell Township,
6 Beaver County. Agramer Ceramics, Inc. will invest
7 at least $5,700,000 into the project, which
8 project will create 160 new jobs within three
9 years of operation.
10 State appropriation.................... 2,400,000
11 (5) For the purpose of making a loan to Carol
12 Cable for the expansion and renovation of its
13 Montoursville, Lycoming County, facility to
14 accommodate new product lines. Carol Cable will
15 invest at least $4,000,000 into the project, which
16 project will create 200 new jobs within three
17 years of operation.
18 State appropriation.................... 3,000,000
19 (6) For the purpose of making a loan to MACK
20 Trucks for the purchase, upgrading and
21 installation of machinery and equipment to be used
22 at the assembly plant located in Lower Macungie
23 Township, Lehigh County and at the engineering and
24 research and development operations located in the
25 City of Allentown, Lehigh County. MACK Trucks will
26 invest at least $30,000,000 into the project,
27 which project will create 140 new jobs within
28 three years of operation.
29 State appropriation.................... 2,700,000
30 (7) For the purpose of making a loan to
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1 Saratan, Inc. for the purchase of machinery and
2 equipment to be used at its medium-density
3 fiberboard facility and chip mill to be
4 constructed in Allegheny Industrial Park located
5 in Mt. Jewett, McKean County. Saratan, Inc. will
6 invest at least $38,000,000 into the project,
7 which project will create 139 new jobs within
8 three years of operation.
9 State appropriation.................... 2,000,000
10 (8) For the purpose of making a loan to
11 BioScience Contract Production Corporation for the
12 purchase of machinery and equipment to be used at
13 its new facility to be located in the Penn State
14 Research Park, College Township, Centre County.
15 BioScience Contract Production Corporation will
16 invest at least $6,000,000 into the project, which
17 project will create 100 new jobs within three
18 years of operation.
19 State appropriation.................... 1,500,000
20 Section 3. It is the intent of the General Assembly that the
21 appropriations in section 2 shall be loaned at an annual
22 interest rate that in no case shall be less than the
23 Pennsylvania Industrial Development Authority's rate for the
24 area in which the project is located. Private companies which
25 receive Sunny Day Fund assistance but fail to make the
26 investment in the enterprise development as specified in section
27 2 shall be liable for the repayment of all Sunny Day Fund
28 moneys, including any accrued interest thereon and any penalties
29 set by the Secretary of Commerce. Private companies which
30 receive Sunny Day Fund assistance but fail to create the number
19930S1192B2286 - 4 -
1 of jobs specified in the approved loan or other agreements with
2 the Commonwealth shall be liable for a penalty equal to an
3 increase in the interest charged to 2% greater than the current
4 prime interest rate for the remainder of the loan, unless the
5 penalty is waived by the Secretary of Commerce because the
6 failure is due to circumstances outside the control of the
7 private company. The Secretary of Commerce shall consult with
8 the chairmen of the Appropriations Committee of the Senate and
9 the Appropriations Committee of the House of Representatives
10 prior to the establishment of waiver of penalties.
11 Section 4. For a period equal to the term of assistance
12 provided each project under this act, the Department of Commerce
13 shall provide a written report on the status of each project to
14 the Secretary of the Senate and the Chief Clerk of the House of
15 Representatives by June 30 of each year. This report shall
16 contain, at a minimum, information pertaining to the specific
17 use of the Sunny Day Fund money, the interest rate and term of
18 the Sunny Day Fund loan, the amount of principal outstanding and
19 interest due on the loan and the number of jobs created by the
20 project. All recipients of funds under this act shall be
21 required to provide any and all information required by the
22 Department of Commerce for the purpose of this act.
23 Section 5. No funds under this act shall be awarded by the
24 Department of Commerce after June 30, 1995. Any funds from this
25 appropriation remaining unexpended or unencumbered on June 30,
26 1995, shall automatically lapse into the Sunny Day Fund.
27 Section 6. This act shall take effect immediately.
28 SECTION 1. THE TITLE AND SECTION 1 OF THE ACT OF <--
29 19 (P.L. , NO. ), ENTITLED "AN ACT
30 APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
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1 COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH FOR
2 FISCAL YEAR 1994-1995," ARE AMENDED TO READ:
3 AN ACT
4 APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
5 COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH
6 FOR FISCAL YEAR [1994-1995] 1993-1994.
7 SECTION 1. THE SUMS SET FORTH IN THIS ACT, OR AS MUCH
8 THEREOF AS MAY BE NECESSARY, ARE HEREBY SPECIFICALLY
9 APPROPRIATED FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
10 COMMERCE FOR THE FISCAL YEAR [JULY 1, 1994, TO JUNE 30, 1995]
11 JULY 1, 1993, TO JUNE 30, 1994, FOR THE PROJECTS LISTED TO
12 ENHANCE ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS IN THIS
13 COMMONWEALTH IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 1 OF
14 THE ACT OF JULY 1, 1985 (P.L.120, NO.32), KNOWN AS THE SUNNY DAY
15 FUND ACT.
16 SECTION 2. THIS ACT SHALL APPLY PROSPECTIVELY OR
17 RETROACTIVELY TO THE ACT OF 19 (P.L.
18 , NO. ), ENTITLED "AN ACT APPROPRIATING MONEY FROM THE SUNNY
19 DAY FUND TO THE DEPARTMENT OF COMMERCE FOR VARIOUS PROJECTS
20 THROUGHOUT THIS COMMONWEALTH FOR FISCAL YEAR 1994-1995," UPON
21 THE EFFECTIVE DATE OF THAT ACT, WHENEVER IT OCCURS.
22 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
23 SECTION 1. THE SUMS SET FORTH IN THIS ACT, OR AS MUCH <--
24 THEREOF AS MAY BE NECESSARY, ARE HEREBY SPECIFICALLY
25 APPROPRIATED FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
26 COMMERCE FOR THE FISCAL YEAR JULY 1, 1994, TO JUNE 30, 1995, FOR
27 THE PROJECTS LISTED TO ENHANCE ECONOMIC DEVELOPMENT AND THE
28 CREATION OF JOBS IN THIS COMMONWEALTH IN ACCORDANCE WITH THE
29 PROVISIONS OF CHAPTER 1 OF THE ACT OF JULY 1, 1985 (P.L.120,
30 NO.32), KNOWN AS THE SUNNY DAY FUND ACT.
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1 SECTION 2. THE FOLLOWING AMOUNTS ARE APPROPRIATED TO THE
2 DEPARTMENT OF COMMERCE TO INDUCE COMPANIES TO LOCATE LARGE
3 INDUSTRIAL, MANUFACTURING OR RESEARCH AND DEVELOPMENT
4 ENTERPRISES WITHIN THIS COMMONWEALTH.
5 (1) FOR THE PURPOSE OF MAKING A
6 LOAN TO J & L SPECIALTY STEEL, INC.,
7 TO PURCHASE MACHINERY AND EQUIPMENT
8 FOR A FACILITY LOCATED IN BEAVER
9 COUNTY. THE TOTAL PROJECT COST IS
10 APPROXIMATELY $67,000,000. IT IS
11 ESTIMATED THAT THIS PROJECT WILL
12 CREATE 120 NEW JOBS WITHIN FIVE YEARS
13 OF OPERATION.
14 STATE APPROPRIATION........ 2,500,000
15 (2) FOR THE PURPOSE OF MAKING A
16 LOAN TO STARBUCKS COFFEE COMPANY,
17 INC., TO CONSTRUCT A FACILITY TO BE
18 LOCATED IN ANTRIM TOWNSHIP, FRANKLIN
19 COUNTY, OR EAST MANCHESTER TOWNSHIP,
20 YORK COUNTY. THE TOTAL PROJECT COST IS
21 APPROXIMATELY $20,000,000. IT IS
22 ESTIMATED THAT THIS PROJECT WILL
23 CREATE 275 NEW JOBS WITHIN THREE YEARS
24 OF OPERATION.
25 STATE APPROPRIATION........ 5,000,000
26 (3) FOR THE PURPOSE OF MAKING A
27 LOAN TO MASCOTECH SINTERED COMPONENTS,
28 INC., TO PURCHASE MACHINERY AND
29 EQUIPMENT FOR ITS FACILITY LOCATED IN
30 RIDGWAY, ELK COUNTY. THE TOTAL PROJECT
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1 COST IS APPROXIMATELY $10,900,000. IT
2 IS ESTIMATED THAT THIS PROJECT WILL
3 CREATE 110 NEW JOBS WITHIN THREE YEARS
4 OF OPERATION.
5 STATE APPROPRIATION........ 2,500,000
6 SECTION 3. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
7 APPROPRIATIONS IN SECTION 2 SHALL BE LOANED AT AN ANNUAL
8 INTEREST RATE THAT IN NO CASE SHALL BE LESS THAN THE
9 PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY'S RATE FOR THE
10 AREA IN WHICH THE PROJECT IS LOCATED AND FOR A TERM THAT SHALL
11 BE THE SAME AS THE TERM FOR AN EQUIVALENT PENNSYLVANIA
12 INDUSTRIAL DEVELOPMENT AUTHORITY PROJECT. PRIVATE COMPANIES
13 WHICH RECEIVE SUNNY DAY FUND ASSISTANCE BUT FAIL TO MAKE THE
14 INVESTMENT IN THE ENTERPRISE DEVELOPMENT AS SPECIFIED IN SECTION
15 2 SHALL BE LIABLE FOR THE REPAYMENT OF ALL SUNNY DAY FUND
16 MONEYS, INCLUDING ANY ACCRUED INTEREST THEREON AND ANY PENALTIES
17 SET BY THE SECRETARY OF COMMERCE. PRIVATE COMPANIES WHICH
18 RECEIVE SUNNY DAY FUND ASSISTANCE BUT FAIL TO CREATE THE NUMBER
19 OF JOBS SPECIFIED IN THE APPROVED LOAN OR OTHER AGREEMENTS WITH
20 THE COMMONWEALTH SHALL BE LIABLE FOR A PENALTY EQUAL TO AN
21 INCREASE IN THE INTEREST CHARGED TO 2% GREATER THAN THE CURRENT
22 PRIME INTEREST RATE FOR THE REMAINDER OF THE LOAN, UNLESS THE
23 PENALTY IS WAIVED BY THE SECRETARY OF COMMERCE BECAUSE THE
24 FAILURE IS DUE TO CIRCUMSTANCES OUTSIDE THE CONTROL OF THE
25 PRIVATE COMPANY. THE SECRETARY OF COMMERCE SHALL CONSULT WITH
26 THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND
27 THE CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
28 REPRESENTATIVES PRIOR TO THE ESTABLISHMENT OF WAIVER OF
29 PENALTIES.
30 SECTION 4. FOR A PERIOD EQUAL TO THE TERM OF ASSISTANCE
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1 PROVIDED EACH PROJECT APPROVED UNDER THIS ACT, THE DEPARTMENT OF
2 COMMERCE SHALL PROVIDE A WRITTEN REPORT ON THE STATUS OF EACH
3 PROJECT TO THE SECRETARY OF THE SENATE AND THE CHIEF CLERK OF
4 THE HOUSE OF REPRESENTATIVES BY JUNE 30 OF EACH YEAR. THIS
5 REPORT SHALL CONTAIN, AT A MINIMUM, INFORMATION PERTAINING TO
6 THE SPECIFIC USE OF THE SUNNY DAY FUND MONEY, THE INTEREST RATE
7 AND TERM OF THE SUNNY DAY FUND LOAN, THE AMOUNT OF PRINCIPAL
8 OUTSTANDING AND INTEREST DUE ON THE LOAN AND THE NUMBER OF JOBS
9 CREATED BY THE PROJECT. ALL RECIPIENTS OF FUNDS UNDER THIS ACT
10 SHALL BE REQUIRED TO PROVIDE ANY AND ALL INFORMATION REQUIRED BY
11 THE DEPARTMENT OF COMMERCE FOR THE PURPOSES OF THIS ACT.
12 SECTION 5. NO FUNDS UNDER THIS ACT SHALL BE AWARDED BY THE
13 DEPARTMENT OF COMMERCE AFTER JUNE 30, 1996. ANY FUNDS FROM THIS
14 APPROPRIATION REMAINING UNEXPENDED OR UNENCUMBERED ON JUNE 30,
15 1996, SHALL AUTOMATICALLY LAPSE INTO THE SUNNY DAY FUND.
16 SECTION 6. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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