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§ 850.103. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: November 27, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 16E. Transit Revitalization Investment District Act
Chapter 1. General Provisions
Effective: November 27, 2019
73 P.S. § 850.103
§ 850.103. 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:
“AMTRAK.” The National Railroad Passenger Corporation.
“Bond.” The term includes bond, note, instrument, refunding bond, refunding note or other evidence of indebtedness or obligation.
“Department.” The Department of Community and Economic Development of the Commonwealth.
“Deteriorated property.” The term shall have the same meaning as in section 103 of the act of October 6, 1998 (P.L. 705, No. 92),1 known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.
“Eligible project.” Development or improvement within a TRID, including construction, infrastructure and site 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.
“Management entity.” Any of the following:
(1) A participating municipality, county or public transportation agency.
(2) A redevelopment authority, municipal authority, neighborhood improvement district management association, 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 service area compatible with the TRID.
“Military installation remediation project.” A project or use of money by a qualified authority under section 303-A(a).2
“Project costs.” Any expenditures made or estimated to be made, or monetary obligations incurred or estimated to be incurred, which are listed in a TRID plan or agreement as costs of improvements that create economic development or revitalization within a TRID district, plus any costs incidental thereto. Project costs include, but are not limited to, the capital, financing, real property assembly, professional service, administrative, relocation, organizational and other necessary or convenient costs delineated in the act of July 11, 1990 (P.L. 465, No. 113),3 known as the Tax Increment Financing Act.
“Public transportation agency.” A public transit authority or similar entity, created through the laws of this Commonwealth, charged with the provision of mass transit services to the traveling public, that owns and maintains or is authorized to own and maintain a physical plant, including rolling stock, stations, maintenance and support facilities.
“Public transportation provider.” A public or private entity that operates or is authorized to operate intercity or local commuter passenger rail services within this Commonwealth that are open to the general public and that owns and maintains or is authorized to own and maintain a physical plant, including rolling stock, stations, maintenance and support facilities.
“Qualified authority.” A municipal authority established under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) after the effective date of this definition4 by a qualified municipality for the purpose of funding military installation remediation projects.
“Qualified former military installation.” A parcel that was previously used by a branch of the United States Armed Forces for a military installation that was officially disestablished based on the recommendation of the Defense Base Closure and Realignment Commission no more than 15 years prior to the effective date of this definition.5 The term shall not include a parcel which was used exclusively for housing.
“Qualified municipality.” A municipality which has within its geographic bounds a qualified former military installation.
“Qualified tax.” All of the following:
(1) Corporate net income tax, bank shares tax, personal income tax paid by shareholders, members or partners of Subchapter S corporations, limited liability companies, partnerships or amounts paid by sole proprietors on income other than passive activity income as defined under section 469 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) attributable under section 301-A(i)6 to a parcel designated under section 301-A(a)(4).
(2) Sales and use tax, only to the extent the tax is related to the activity of a qualified taxpayer within a parcel designated under section 301-A(a)(4). The term includes sales and use taxes on material used for construction and business personal property to be used by a qualified taxpayer in a parcel designated under section 301-A(a)(4).
(3) Personal income tax withheld from employees by a qualified business for work performed in a parcel designated under section 301-A(a)(4).
(4) Realty transfer tax paid to the Commonwealth, for property purchased within a parcel designated under section 301-A(a)(4).
(5) Local taxes designated by a local taxing entity.
The term does not include a cigarette tax.
“Qualified taxpayer.” A person conducting business for profit in a parcel designated under section 301-A(a)(4) or an individual whose primary residence is in a parcel designated under section 301-A(a)(4). The term does not include a person conducting business for profit that moved operations from a non-designated parcel in a county in which a qualified former military installation is located to the designated parcel after the effective date of this definition.7
“Redevelopment authority.” An authority created pursuant to the act of May 24, 1945 (P.L. 991, No. 385),8 known as the Urban Redevelopment Law.
“Tax Reform Code of 1971.” The act of March 4, 1971 (P.L. 6, No. 2),9 known as the Tax Reform Code of 1971.
“Transit-oriented development.” Development concentrated around and oriented to transit stations in a manner that promotes transit riding or passenger rail use. The term does not refer to a single real estate project but represents a collection of projects, usually mixed use, at a neighborhood scale that are oriented to a transit node.
“TRID.” A Transit Revitalization Investment District created in accordance with this act.
“TRID planning study.” A study required to be undertaken by one or more municipalities, with the active involvement of a public transportation agency and the pertinent county or counties, for the purpose of establishing the boundaries, existing environmental conditions, existing and proposed land use, property availability, real estate market conditions, development potential, including use of air space rights, required zoning amendments, desired infrastructure and necessary transportation-related improvements and a financial plan, including funding sources, a proposed amortization schedule where applicable and estimated future maintenance requirements, to support the designation and implementation of a proposed TRID.
“Value capture area.” An area coincident with the boundaries of a TRID, established simultaneously with TRID designation, in accordance with this act, in which real estate tax revenues and any other designated tax revenues shall, at a minimum, be shared by the participating local jurisdiction or jurisdictions and public transportation agency or agencies for the purpose of implementing a TRID.

Credits

2004, Dec. 8, P.L. 1801, No. 238, § 103, effective in 60 days [Feb. 7, 2005]. Amended 2016, Nov. 4, P.L. 1160, No. 151, § 1, effective in 90 days [Feb. 2, 2017]; 2019, Nov. 27, P.L. 695, No. 101, § 2, imd. effective.

Footnotes

73 P.S. § 820.103.
73 P.S. § 850.353.
53 P.S. § 6930.1 et seq.
Definition of “qualified authority” added by 2019, Nov. 27, P.L. 695, No. 101, imd. effective.
Definition of “qualified former military installation” added by 2019, Nov. 27, P.L. 695, No. 101, imd. effective.
73 P.S. § 850.351.
Definition of “qualified taxpayer” added by 2019, Nov. 27, P.L. 695, No. 101, imd. effective.
35 P.S. § 1701 et seq.
72 P.S. § 7101 et seq.
73 P.S. § 850.103, PA ST 73 P.S. § 850.103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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