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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SCHRODER, JUNE 24, 2009 |
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| REFERRED TO COMMITTEE ON COMMERCE, JUNE 24, 2009 |
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| AN ACT |
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1 | Amending the act of October 6, 1998 (P.L.705, No.92), entitled, |
2 | as amended, "An act providing for the creation of keystone |
3 | opportunity zones and keystone opportunity expansion zones to |
4 | foster economic opportunities in this Commonwealth, to |
5 | facilitate economic development, stimulate industrial, |
6 | commercial and residential improvements and prevent physical |
7 | and infrastructure deterioration of geographic areas within |
8 | this Commonwealth; authorizing expenditures; providing tax |
9 | exemptions, tax deductions, tax abatements and tax credits; |
10 | creating additional obligations of the Commonwealth and local |
11 | governmental units; and prescribing powers and duties of |
12 | certain State and local departments, agencies and officials," |
13 | further providing for expansion for new parcels and for |
14 | payments. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Sections 301.5(c) and 310 of the act of October |
18 | 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity |
19 | Zone, Keystone Opportunity Expansion Zone and Keystone |
20 | Opportunity Improvement Zone Act, added July 10, 2008 (P.L.1014, |
21 | No.79), are amended to read: |
22 | Section 301.5. Expansion for new parcels. |
23 | * * * |
24 | (c) Applications for certain zones.--For a keystone |
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1 | opportunity zone that expires December 31, 2008, but is seeking |
2 | an extension under section 301.3, the application shall include |
3 | the request for an expansion under subsection (a). The |
4 | application must be submitted by December 31, [2008] 2009, and |
5 | include all ordinances, resolutions or other required action |
6 | from all affected political subdivisions approving the addition |
7 | of the acreage. If the expiration of a keystone opportunity zone |
8 | is delayed under this subsection, a political subdivision or its |
9 | designee may apply for an extension under section 301.3 and an |
10 | expansion under this section. If an extension is granted under |
11 | section 301.3, the extension and the expansion shall be deemed |
12 | to be effective January 1, 2009. |
13 | * * * |
14 | Section 310. Payments. |
15 | The following shall apply to an agreement between a business |
16 | and a political subdivision entered into after the effective |
17 | date of this section in exchange for the approval of, or |
18 | otherwise relating to, the establishment of a keystone |
19 | opportunity zone, keystone opportunity expansion zone or |
20 | keystone opportunity improvement zone under this act, to include |
21 | an extension under section 301.2: |
22 | (1) Except as otherwise required or authorized by law, a |
23 | business may not provide payments to a political subdivision |
24 | in exchange for the approval of, or otherwise relating to, |
25 | the designation or extension of a keystone opportunity zone, |
26 | keystone opportunity expansion zone or keystone opportunity |
27 | improvement zone in excess of 110% of the amount of real |
28 | property taxes payable to the political subdivision for the |
29 | tax year immediately prior to the year in which the |
30 | designation or extension is granted. The limitation on |
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1 | payments set forth under this paragraph is waivable by the |
2 | parties and may increase by the percentage increase in the |
3 | payments that would occur if the property was not exempt from |
4 | local real property taxes. |
5 | (2) Except as provided under paragraph (3), payments |
6 | made under paragraph (1) may be increased based on a taxpayer |
7 | assessment appeal or as necessary to correct any errors or |
8 | omissions in the county's assessment records. Payments may be |
9 | increased following a countywide reassessment based on |
10 | improvements to the property made prior to the approval of |
11 | the designation or expansion. |
12 | (3) Payments may not be increased for the duration of |
13 | the designation or expansion based on an increase in the |
14 | assessed value of property due to improvements to the |
15 | property made subsequent to designation. |
16 | (4) Any agreement to make payments under this section |
17 | shall be in writing and approved by a majority vote of the |
18 | governing body of the political subdivision at a meeting that |
19 | is subject to 65 Pa.C.S. Ch. 7 (relating to open meetings). |
20 | Section 2. This act shall take effect in 60 days. |
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