73 Pa. Stat. § 393.22

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 393.22 - 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:

"Agricultural processing." Processes involving either of the following:

(1) The manufacture, development or preparation for sale of one or more farm commodities which adds value to those commodities.

(2) The conversion of a farm product into a marketable form, including, but not limited to, livestock by slaughtering, fruits and vegetables by canning and freezing and forest products by secondary processing.

"Applicant." The term includes the following:

(1) A municipality.

(2) A municipal authority organized under the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.

(3) A redevelopment authority organized under the act of May 24, 1945 (P.L. 991, No. 385), known as the Urban Redevelopment Law.

(4) An industrial development agency as defined under the act of May 17, 1956 (1955 P.L. 1609, No. 537), known as the Pennsylvania Industrial Development Authority Act.

(5) An industrial and commercial development authority as defined under the act of August 23, 1967 (P.L. 251, No. 102), known as the Economic Development Financing Law.

(6) A local development district as defined under the act of December 7, 1994 (P.L. 845, No. 120) , known as the Local Development District Act.

"Commercial property." Either of the following:

(1) A building, structure or facility or portion thereof which has been used or occupied or is intended, arranged or designed to be used or occupied for the purpose of operating a business, office, manufactory or public accommodation.

(2) Vacant land previously used for manufacturing, industrial, commercial or retail purposes which is offered for sale, lease or held for the purpose of constructing or locating thereon a building, structure or facility for the purpose of operating a business, office, manufactory or public accommodation.

"Department." The Department of Community and Economic Development of the Commonwealth.

"Export service enterprise." A person, partnership, corporation or other for-profit business entity engaged in activities which increase the Commonwealth's share of domestic and international commerce. An export service enterprise shall be found to increase the Commonwealth's share of domestic and international commerce if more than half of its sales or services are rendered to customers outside of this Commonwealth.

"Facility." The land, buildings or depreciable assets into which a private company or private developer makes a new private investment and which is complemented by infrastructure improvements funded under this act.

"Former industrial site." A manufacturing or industrial facility which is not in operation or production and which has been dormant for at least six months prior to the date of application.

"Green fields." Land which has never been developed for uses other than agriculture, forestry or recreation.

"Industrial operation." The term includes industrial processing and warehouse and terminal operations.

"Infrastructure improvements." The term includes the following:

(1) The construction or rehabilitation of the following:

(i) Drainage systems.

(ii) Energy facilities which generate and distribute power.

(iii) Sewer systems, including, but not limited to, the construction or repair of sewage collection lines and sewage treatment facilities.

(iv) Transportation facilities directly affecting the site of the proposed private investment, including:

(A) Roads providing access to the site.

(B) Parking facilities.

(C) Sidewalks.

(D) Bridges.

(E) Rails, including, but not limited to, the construction or rehabilitation of rail switches and signals, rail crossings and intermodal facilities.

(F) Ports, including, but not limited to, docking facilities, bulkheads and intermodal facilities, but not warehouses.

(G) Waterways, including, but not limited to, channel realignment, dredging and the construction or rehabilitation of locks.

(H) Airports, including, but not limited to, the construction or rehabilitation of runways, but not airport buildings.

(I) Pipelines transporting natural gas, but not vehicles associated with the operation of the pipelines.

(J) Facilities for the transmission of information, including, but not limited to, fiber-optic telecommunication lines.

(v) Water supply facilities, including, but not limited to, water lines and water storage, treatment and distribution facilities.

(2) The acquisition of land, rights-of-way and easements necessary to construct eligible infrastructure improvements.

(3) At former industrial sites:

(i) The acquisition of land and buildings by private developers.

(ii) The construction of new multitenant industrial or manufacturing buildings by developers.

(iii) The conversion of existing industrial or manufacturing buildings into multitenant buildings by private developers.

(3.1) At long-term vacant commercial sites:

(i) The acquisition of land and buildings by private developers.

(ii) The construction of new buildings for commercial use by developers.

(iii) The conversion of existing commercial buildings or structures by private developers.

(4) The demolition of buildings.

(5) The clearing and preparation of land.

(6) The cleanup of hazardous waste materials.

(7) The engineering, design and inspection costs associated with other eligible infrastructure improvements.

"Long-term vacant commercial site." Commercial property which has been unoccupied and unused for at least one year prior to the date of application.

"Manufacturing operation." The giving of new shapes, new qualities or new combinations to matter by the application of skill and labor.

"Private company." A for-profit enterprise engaged in manufacturing, industrial, research and development or agricultural processing; or is an export service enterprise.

"Private developer." Any person, partnership, corporation or other for-profit business entity, or any nonprofit corporation whose purpose is the promotion or construction of industrial development projects, that is engaged in the development of real estate, for use by more than one private company or for the reuse of long-term vacant commercial sites, and that is determined by the department to be financially responsible to assume all obligations proposed to be undertaken, including, but not limited to, acquisition, development, construction, leasing, sale, operation and financing.

"Private match." An investment, other than with funds made available under this act, by the private company or private developer in a facility or in infrastructure improvements at the site or serving the site of the facility.

"Publicly owned infrastructure improvements." Infrastructure improvements which are owned by the applicant or by an entity eligible to be an applicant at the time the grant is made or which will be owned by the applicant or by an entity eligible to be an applicant upon the completion of the infrastructure improvements funded under this act. The term shall not include infrastructure improvements which are accessible only to one user.

"Research and development enterprise." A person, partnership, corporation or other for-profit business entity engaged in the discovery of new and the refinement of known substances, processes, products, theories and ideas.

"Secretary." The Secretary of Community and Economic Development of the Commonwealth.

"Targeted community." A geographical area designated by the Department of Community and Economic Development as deserving of special consideration because of one or more adverse economic factors. This term shall include enterprise zones established under the act of July 9, 1986 (P.L. 1216, No. 108) , known as the Enterprise Zone Municipal Tax Exemption Reimbursement Act, distressed communities as defined under theact of July 10, 1987 (P.L. 246, No. 47) , known as the Municipalities Financial Recovery Act, and an area designated by the Federal Government as an empowerment zone or enterprise community.

73 P.S. § 393.22

1996, July 11, P.L. 677, No. 116, § 2, imd. effective. Amended 1998, Nov. 24, P.L. 823, No. 106, § 1, effective in 60 days.