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:

“Agency.” A Commonwealth agency or a non-Commonwealth agency. The term shall not include the courts of this Commonwealth or a grand jury acting pursuant to 42 Pa.C.S. § 4548 (relating to powers of investigating grand jury).

“Commonwealth agency.” The Commonwealth, including the Executive Department and its boards and commissions; an independent administrative department, board and commission; or a public official thereof, acting under color of State law.

“Correctional employee.” A public official, employee, agent, contractor or volunteer working for or providing services relating to a correctional facility or its inmates.

“Free exercise of religion.” The practice or observance of religion under section 3 of Article I of the Constitution of Pennsylvania.

“Non-Commonwealth agency.” A political subdivision, municipal authority or any other local government instrumentality authorized by law, or a public official thereof, acting under the color of State law.

“Person.” An individual or a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501).

“Substantially burden.” An agency action which does any of the following: