HOUSE AMENDED
PRIOR PRINTER'S NOS. 1486, 1511 PRINTER'S NO. 1608
No. 1180 Session of 2001
INTRODUCED BY D. WHITE, OCTOBER 29, 2001
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 10, 2001
AN ACT
1 Amending the act of December 14, 1992 (P.L.818, No.133),
2 entitled "An act establishing the Port of Pittsburgh
3 Commission; providing for its powers and duties; and making a
4 repeal," further defining "port district." DISTRICT"; AND <--
5 FURTHER PROVIDING FOR ECONOMIC DEVELOPMENT PROJECTS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "port district" in section 2 of
9 the act of December 14, 1992 (P.L.818, No.133), known as the
10 Port of Pittsburgh Commission Act, is amended to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Port district." The combined geographical territory of the
17 Counties of Allegheny, Armstrong, Beaver, Butler, Clarion,
18 Fayette, Greene, Indiana, Lawrence, Washington and Westmoreland.
1 * * *
2 SECTION 2. SECTION 5.1 OF THE ACT, ADDED DECEMBER 20, 2000 <--
3 (P.L.988, NO.140), IS AMENDED TO READ:
4 SECTION 5.1. ECONOMIC DEVELOPMENT PROJECTS.
5 [WHEN THE COMMISSION UNDERTAKES THE DEVELOPMENT OF A PORT
6 FACILITY, PORT-RELATED PROJECT OR RECREATION PROJECT AND THE
7 COMMISSION AGREES TO LEASE, LEASE WITH OPTION OR CONTRACT TO
8 PURCHASE, SELL OR OTHERWISE MAKE AVAILABLE TO A THIRD PARTY THE
9 PORT FACILITY, PORT-RELATED PROJECT OR RECREATION PROJECT, THE
10 THIRD PARTY SHALL PAY THE COMMISSION AN AMOUNT THAT IS
11 SUFFICIENT TO PAY ALL OF THE PRINCIPAL AND INTEREST ON ANY
12 BONDS, NOTES OR OTHER EVIDENCE OF INDEBTEDNESS ISSUED BY THE
13 COMMISSION TO FINANCE THE PORT FACILITY, PORT-RELATED PROJECT OR
14 RECREATION PROJECT, AN AMOUNT WHICH THE BOARD FINDS TO BE
15 REASONABLE IN LIGHT OF THE ECONOMIC BENEFITS THAT WILL RESULT
16 FROM THE PROJECT OR AN AMOUNT WHICH IS REASONABLE AND PROPER
17 UNDER THE CIRCUMSTANCES. BONDS, NOTES OR OTHER EVIDENCE OF
18 INDEBTEDNESS ISSUED BY THE COMMISSION WITH RESPECT TO A PORT
19 FACILITY, PORT-RELATED PROJECT OR RECREATION PROJECT UNDER THIS
20 SECTION SHALL BE LIMITED OBLIGATIONS OF THE COMMISSION PAYABLE
21 SOLELY OUT OF ANY REVENUES RECEIVED BY THE COMMISSION WITH
22 RESPECT TO THE PORT FACILITY, PORT-RELATED PROJECT OR RECREATION
23 PROJECT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENTS RECEIVED
24 FROM THE THIRD PARTY UNDER THIS SECTION, AND THE INTEREST OF THE
25 COMMISSION IN THE PORT FACILITY, PORT-RELATED PROJECT OR
26 RECREATION PROJECT, IF ANY. THE PROVISIONS OF SECTIONS 5(B)(23),
27 7(C) AND 11(A) SHALL NOT APPLY TO A PORT FACILITY, PORT-RELATED
28 PROJECT OR RECREATION PROJECT DEVELOPED UNDER THIS SECTION.]
29 (A) PAYMENTS.--WHEN A PERSON OTHER THAN A COMMONWEALTH
30 AGENCY, AS THAT TERM IS DEFINED IN 62 PA.C.S. § 103 (RELATING TO
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1 DEFINITIONS), REQUESTS THE COMMISSION TO ACQUIRE, LEASE,
2 CONSTRUCT, RENOVATE AND/OR EQUIP AN ECONOMIC DEVELOPMENT PROJECT
3 AND TO LEASE, SUBLEASE, SELL OR OTHERWISE MAKE AVAILABLE THE
4 ECONOMIC DEVELOPMENT PROJECT TO THE PERSON, THE PERSON SHALL PAY
5 THE COMMISSION PURSUANT TO THE LEASE, SUBLEASE, CONTRACT OF SALE
6 OR DISPOSITION OR SIMILAR AGREEMENT AN AMOUNT WHICH MEETS ANY
7 ONE OF THE FOLLOWING CRITERIA:
8 (1) AN AMOUNT WHICH IS SUFFICIENT TO PAY ALL THE
9 PRINCIPAL AND INTEREST ON ANY BONDS, NOTES OR OTHER EVIDENCES
10 OF INDEBTEDNESS ISSUED BY THE COMMISSION TO FINANCE THE
11 ECONOMIC DEVELOPMENT PROJECT.
12 (2) AN AMOUNT WHICH THE COMMISSION FINDS TO BE
13 REASONABLE IN LIGHT OF THE ECONOMIC BENEFITS THAT WILL RESULT
14 FROM THE ECONOMIC DEVELOPMENT PROJECT.
15 (3) AN AMOUNT WHICH IS REASONABLE AND PROPER UNDER THE
16 CIRCUMSTANCES.
17 (B) COMMISSION OBLIGATION.--A BOND, NOTE OR OTHER EVIDENCE
18 OF INDEBTEDNESS ISSUED BY THE COMMISSION WITH RESPECT TO AN
19 ECONOMIC DEVELOPMENT PROJECT UNDERTAKEN IN ACCORDANCE WITH
20 SUBSECTION (A) SHALL NOT BE A GENERAL OBLIGATION OF THE
21 COMMISSION BUT RATHER SHALL BE A LIMITED OBLIGATION OF THE
22 COMMISSION PAYABLE SOLELY OUT OF ANY OF THE FOLLOWING:
23 (1) ANY REVENUES RECEIVED BY THE COMMISSION WITH RESPECT
24 TO THE ECONOMIC DEVELOPMENT PROJECT, INCLUDING, BUT NOT
25 LIMITED TO, THE PAYMENTS RECEIVED FROM THE PERSON UNDER THIS
26 SECTION, AND ANY RIGHT, TITLE AND INTEREST OF THE COMMISSION
27 IN THE ECONOMIC DEVELOPMENT PROJECT.
28 (2) ANY RESERVE FUND ESTABLISHED BY THE COMMISSION
29 SPECIFICALLY FOR SUCH PROJECTS.
30 (C) COMMONWEALTH OBLIGATION.--THE COMMONWEALTH SHALL HAVE NO
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1 OBLIGATION WITH RESPECT TO A BOND, NOTE OR OTHER EVIDENCE OF
2 INDEBTEDNESS ISSUED BY THE COMMISSION, OR TO ANY OTHER
3 OBLIGATIONS OF THE COMMISSION, ARISING OUT OF OR RELATED TO AN
4 ECONOMIC DEVELOPMENT PROJECT UNDERTAKEN IN ACCORDANCE WITH
5 SUBSECTION (A).
6 (D) CONSTRUCTION.--THE PROVISIONS OF SECTIONS 5(B)(23), 7(C)
7 AND 11(A) SHALL NOT APPLY TO AN ECONOMIC DEVELOPMENT PROJECT
8 UNDERTAKEN IN ACCORDANCE WITH SUBSECTION (A). FOR THE PURPOSES
9 OF THIS SECTION AN ECONOMIC DEVELOPMENT PROJECT SHALL MEAN A
10 PORT FACILITY OR PORT-RELATED PROJECT AND SHALL ALSO MEAN A
11 RECREATION PROJECT DEVELOPED UPON THE LANDS BORDERING OR IN
12 CLOSE PROXIMITY TO THE WATERS OR ON THE WATERS OF THE INLAND
13 WATERWAY SYSTEM OF THE PORT OF PITTSBURGH.
14 Section 2 3. This act shall take effect immediately. <--
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