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        PRIOR PRINTER'S NOS. 2094, 2362               PRINTER'S NO. 2387

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1478 Session of 2002


        INTRODUCED BY D. WHITE, WOZNIAK, TARTAGLIONE, ERICKSON,
           KUKOVICH, LAVALLE, PUNT, COSTA, BOSCOLA, A. WILLIAMS, O'PAKE,
           DENT, TOMLINSON, STACK, STOUT, WAUGH, CONTI, SCARNATI,
           C. WILLIAMS, WENGER, MOWERY, ORIE, SCHWARTZ, KITCHEN, GERLACH
           AND KASUNIC, JUNE 17, 2002

        AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 18, 2002

                                     AN ACT

     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 keystone opportunity zones, for
    14     keystone opportunity expansion zones, for application, for
    15     review, for criteria for authorization of keystone
    16     opportunity zone, for qualified businesses, for tax credit
    17     determination and for expiration of act.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Sections 301, 301.1, 302, 303, 304(c), 307(b),
    21  518(e), 519(e) and 1309 of the act of October 6, 1998 (P.L.705,
    22  No.92), known as the Keystone Opportunity Zone and Keystone
    23  Opportunity Expansion Zone Act, amended or added December 20,
    24  2000 (P.L.841, No.119), are amended to read:

     1  Section 301.  Keystone opportunity zones.
     2     (a)  Establishment.--There is hereby established within the
     3  department a program providing for keystone opportunity zones. A
     4  keystone opportunity zone shall be comprised of deteriorated
     5  property and shall not exceed a total of 5,000 acres.
     6     (b)  Zone authorization.--The department shall authorize not
     7  more than 12 keystone opportunity zones in this Commonwealth.
     8  Persons and businesses within an authorized keystone opportunity
     9  zone that are qualified under this act shall be entitled to all
    10  tax exemptions, deductions, abatements or credits set forth in
    11  this act for a period not to exceed 15 years beginning January
    12  1, 1999, or at the time the qualified person or business begins
    13  active conduct of its trade or business, whichever occurs later,
    14  and ending on or before December 31, [2013] 2028, PENDING THE     <--
    15  APPROVAL OF THE EXTENSION TO DECEMBER 31, 2028, BY EACH
    16  POLITICAL SUBDIVISION IN THE KEYSTONE OPPORTUNITY ZONE WITHIN
    17  ONE YEAR AFTER THE EFFECTIVE DATE OF SUBSECTION (F).
    18     (C)  SUBZONE DESIGNATION.--THE DEPARTMENT MAY DESIGNATE NOT
    19  MORE THAN 12 SUBZONES IN EACH KEYSTONE OPPORTUNITY ZONE. THE
    20  TOTAL NUMBER OF SUBZONE ACRES IN A KEYSTONE OPPORTUNITY ZONE
    21  SHALL NOT EXCEED 5,000 ACRES IN THE AGGREGATE.
    22     (D)  AUTHORIZATION FOR LOCAL TAX EXEMPTION.--EVERY POLITICAL
    23  SUBDIVISION WITHIN WHICH A PROPOSED SUBZONE IS LOCATED, WHETHER
    24  IN WHOLE OR IN PART, IS HEREBY AUTHORIZED TO PROVIDE TAX
    25  EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS TO PERSONS AND
    26  BUSINESSES QUALIFIED UNDER THIS ACT. THE POLITICAL SUBDIVISION
    27  SHALL AGREE TO PROVIDE EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR
    28  CREDITS FROM ALL LOCAL TAXES SET FORTH IN THIS ACT IN ORDER TO
    29  QUALIFY TO BE DESIGNATED A SUBZONE. EXCEPT AS PROVIDED IN
    30  SECTION 303(E), THE EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR
    20020S1478B2387                  - 2 -

     1  CREDITS SHALL BE EFFECTIVE JANUARY 1, 1999, IF DESIGNATION OF A
     2  SUBZONE WITHIN THE POLITICAL SUBDIVISION IS GRANTED BY THE
     3  DEPARTMENT. THE EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS
     4  SHALL BE BINDING UPON THE POLITICAL SUBDIVISION FOR THE DURATION
     5  OF THE SUBZONE DESIGNATION.
     6     (E)  AUTHORIZATION TO EXTEND THE DURATION OF A KEYSTONE
     7  OPPORTUNITY ZONE OR SUBZONE.--A SUBZONE OF A KEYSTONE
     8  OPPORTUNITY ZONE MAY REQUEST TO EXTEND ITS DESIGNATION AS A
     9  SUBZONE FOR A PERIOD OF THREE YEARS. [A SUBZONE THAT IS PART OF
    10  A KEYSTONE OPPORTUNITY ZONE THAT WILL EXPIRE ON DECEMBER 31,
    11  2008, MAY EXTEND ITS DESIGNATION AS A SUBZONE TO DECEMBER 31,
    12  2010, OR TO DECEMBER 31, 2013.] THE REQUEST TO EXTEND A SUBZONE
    13  DESIGNATION SHALL BE MADE ON A SUBZONE-BY-SUBZONE BASIS. A
    14  QUALIFIED POLITICAL SUBDIVISION HAVING AN APPROVED SUBZONE
    15  WITHIN ITS JURISDICTION AND SEEKING TO EXTEND THE SUBZONE
    16  DESIGNATION SHALL PASS THE REQUIRED ORDINANCES, RESOLUTIONS OR
    17  OTHER REQUIRED ACTION OF THE QUALIFIED POLITICAL SUBDIVISION FOR
    18  THE NECESSARY EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS
    19  PURSUANT TO THIS ACT [FOR THE PERIOD BEGINNING AFTER DECEMBER
    20  31, 2008, OR DECEMBER 31, 2010, AS THE CASE MAY BE,] AND SHALL
    21  SUBMIT COPIES OF THE ORDINANCE, RESOLUTION OR OTHER ACTION TO
    22  THE DEPARTMENT [BY JUNE 30, 2001]. THE DEPARTMENT MAY GRANT THE
    23  REQUEST TO EXTEND PROVIDED ALL THE PROPER BINDING ORDINANCES,
    24  RESOLUTIONS OR OTHER GOVERNING DOCUMENTS ARE PASSED BY ALL
    25  QUALIFIED POLITICAL SUBDIVISIONS WITHIN THE SUBZONE EXTENDING
    26  THE NECESSARY EXEMPTIONS, DEDUCTIONS, ABATEMENTS AND CREDITS TO
    27  THE ENTIRE SUBZONE TO DECEMBER 31, [2010, OR DECEMBER 31, 2013]
    28  2028; HOWEVER, NO ENTITY SHALL HAVE MORE THAN 15 YEARS OF TAX
    29  RELIEF UNDER THIS ACT. THE DEPARTMENT [SHALL APPROVE OR DENY THE
    30  REQUEST FOR EXTENSION OF DURATION OF A SUBZONE BY JULY 31, 2001,
    20020S1478B2387                  - 3 -

     1  AND] SHALL PROVIDE WRITTEN NOTICE, IRRESPECTIVE OF WHETHER
     2  APPROVED OR DENIED, TO EACH QUALIFIED POLITICAL SUBDIVISION,
     3  RESIDENT AND QUALIFIED BUSINESS AFFECTED. UPON APPROVAL OF A
     4  REQUEST FOR EXTENSION OF DURATION OF A SUBZONE, THE EXEMPTIONS,
     5  DEDUCTIONS, ABATEMENTS OR CREDITS SHALL BE BINDING UPON THE
     6  QUALIFIED POLITICAL SUBDIVISION AS PROVIDED IN SUBSECTION (D).
     7     (F)  AUTHORIZATION TO ALTER BOUNDARIES OF KEYSTONE
     8  OPPORTUNITY ZONE.--
     9         (1)  A QUALIFIED POLITICAL SUBDIVISION HAVING AN APPROVED
    10     SUBZONE WITHIN ITS JURISDICTION MAY APPLY TO THE DEPARTMENT
    11     TO ALTER THE GEOGRAPHIC BOUNDARIES OF THE KEYSTONE
    12     OPPORTUNITY ZONE WITHIN WHICH THE POLITICAL SUBDIVISION IS
    13     LOCATED. IF MORE THAN ONE POLITICAL SUBDIVISION WOULD BE
    14     AFFECTED BY THE BOUNDARY ALTERATION, THEN THE APPLICATION
    15     MUST BE MADE JOINTLY BY THE AFFECTED POLITICAL SUBDIVISIONS.
    16     THE APPLICATION SHALL CONTAIN:
    17             (I)  THE INFORMATION REQUIRED UNDER SECTION 302(A).
    18             (II)  EVIDENCE THAT EACH OWNER OF REAL ESTATE WITHIN
    19         THE AFFECTED AREA APPROVES OF THE BOUNDARY ALTERATION.
    20         THE TERM "OWNER OF REAL ESTATE" INCLUDES THE RECORD OWNER
    21         OF REAL ESTATE, THE HOLDER OF AN OPTION EITHER TO
    22         PURCHASE REAL ESTATE OR TO ENTER INTO A GROUND LEASE OF
    23         REAL ESTATE AND A TENANT UNDER A GROUND LEASE OF REAL
    24         ESTATE.
    25         (2)  THE DEPARTMENT MAY APPROVE THE REQUEST FOR
    26     ALTERATION OF THE KEYSTONE OPPORTUNITY ZONE BOUNDARIES IF:
    27             (I)  THE REQUEST MEETS THE CRITERIA FOR AUTHORIZATION
    28         UNDER SECTION 304.
    29             (II)  THE TOTAL NUMBER OF ACRES WITHIN THE KEYSTONE
    30         OPPORTUNITY ZONE AS IT IS PROPOSED TO BE ALTERED DOES NOT
    20020S1478B2387                  - 4 -

     1         DIFFER FROM THE TOTAL NUMBER OF ACRES WITHIN THAT
     2         KEYSTONE OPPORTUNITY ZONE AS ORIGINALLY APPROVED.
     3         (3)  THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE OF ITS
     4     DETERMINATION TO THE APPLICANT OR JOINT APPLICANTS.
     5         (4)  UPON APPROVAL OF A REQUEST FOR ALTERATION OF
     6     KEYSTONE OPPORTUNITY ZONE BOUNDARIES, THE EXEMPTIONS,
     7     DEDUCTIONS, ABATEMENTS OR CREDITS SHALL BE BINDING UPON A
     8     POLITICAL SUBDIVISION AS PROVIDED IN SUBSECTION (D).
     9     (G)  APPLICABILITY.--
    10         (1)  A POLITICAL SUBDIVISION'S AUTHORITY TO RETRACT ITS
    11     PREVIOUS PROVISION OF TAX EXEMPTIONS, DEDUCTIONS, ABATEMENTS
    12     OR CREDITS TO PERSONS OR BUSINESSES QUALIFIED UNDER THIS ACT
    13     SHALL NOT APPLY TO ANY PORTION OF A SUBZONE AS TO WHICH:
    14             (I)  ANY QUALIFIED BUSINESS HAS COMMENCED OPERATIONS
    15         IN SUCH PORTION OF THE SUBZONE; OR
    16             (II)  ANY PROSPECTIVE PERSON OR COMPANY HAVING AN
    17         INTEREST IN THE PROPERTY LOCATED IN THE SUBZONE OR
    18         PORTION OF THE SUBZONE HAS INCURRED EXPENDITURES IN
    19         RESPECT OF THE DEVELOPMENT OF THE PROPERTY IN AN AMOUNT
    20         EQUAL TO AT LEAST $250,000 IN RELIANCE UPON THE PROPERTY
    21         HAVING THE BENEFITS OF TAX EXEMPTIONS, DEDUCTIONS,
    22         ABATEMENTS OR CREDITS.
    23         (2)  FOR PURPOSES OF THIS SUBSECTION, A PERSON OR COMPANY
    24     HAVING AN INTEREST IN THE PROPERTY INCLUDES PERSONS HAVING
    25     TITLE TO OR A LEASEHOLD INTEREST IN ALL OR A PORTION OF THE
    26     PROPERTY OR HAVING AN OPTION TO ACQUIRE TITLE TO OR A
    27     LEASEHOLD INTEREST IN ALL OR A PORTION OF THE PROPERTY.
    28  SECTION 301.1.  KEYSTONE OPPORTUNITY EXPANSION ZONES.
    29     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED WITHIN THE
    30  DEPARTMENT A PROGRAM PROVIDING FOR KEYSTONE OPPORTUNITY
    20020S1478B2387                  - 5 -

     1  EXPANSION ZONES. A KEYSTONE OPPORTUNITY EXPANSION ZONE SHALL BE
     2  COMPRISED OF DETERIORATED PROPERTY AND SHALL NOT EXCEED A TOTAL
     3  OF [1,500] 3,000 ACRES.
     4     (B)  AUTHORIZATION.--THE DEPARTMENT SHALL AUTHORIZE NOT MORE
     5  THAN 12 KEYSTONE OPPORTUNITY EXPANSION ZONES IN THIS
     6  COMMONWEALTH. PERSONS AND BUSINESSES WITHIN AN AUTHORIZED
     7  KEYSTONE OPPORTUNITY EXPANSION ZONE THAT ARE QUALIFIED UNDER
     8  THIS ACT SHALL BE ENTITLED TO ALL TAX EXEMPTIONS, DEDUCTIONS,
     9  ABATEMENTS OR CREDITS SET FORTH IN THIS ACT FOR A PERIOD OF [TEN
    10  OR 13] 15 YEARS BEGINNING JANUARY 1, 2001, OR AT THE TIME THE
    11  QUALIFIED PERSON OR BUSINESS BEGINS ACTIVE CONDUCT OF ITS TRADE
    12  OR BUSINESS, WHICHEVER OCCURS LATER, AND ENDING ON [DECEMBER 31,
    13  2010, OR DECEMBER 31, 2013] OR BEFORE DECEMBER 31, 2028, PENDING  <--
    14  THE APPROVAL OF THE EXTENSION TO DECEMBER 31, 2028, BY EACH
    15  POLITICAL SUBDIVISION IN THE KEYSTONE OPPORTUNITY ZONE WITHIN
    16  ONE YEAR AFTER THE EFFECTIVE DATE OF SUBSECTION (C)(2).
    17     (c)  Expansion subzone designation.--[The]
    18         (1)  Except as set forth in paragraph (2), the department
    19     may designate not more than eight expansion subzones in a
    20     keystone opportunity expansion zone. The total number of
    21     expansion subzone acres in a keystone opportunity expansion
    22     zone under this paragraph shall not exceed 1,500 acres in the
    23     aggregate.
    24         (2)  The department may designate not more than eight
    25     additional expansion subzones in a keystone opportunity
    26     expansion zone. The total number of expansion subzone acres
    27     in a keystone opportunity expansion zone under this paragraph
    28     shall not exceed 1,500 acres in the aggregate.
    29     (d)  Authorization for local tax exemption.--Every political
    30  subdivision within which a proposed expansion subzone is
    20020S1478B2387                  - 6 -

     1  located, whether in whole or in part, is hereby authorized to
     2  provide tax exemptions, deductions, abatements or credits to
     3  persons and businesses qualified under this act for a period
     4  ending December 31, [2010, or December 31, 2013] 2028; however,
     5  no entity shall have more than 15 years of tax relief under this
     6  act. The exemption period shall be uniform within each expansion
     7  subzone. The political subdivision shall agree to provide
     8  exemptions, deductions, abatements or credits from all local
     9  taxes set forth in this act in order to qualify to be designated
    10  an expansion subzone. The exemptions, deductions, abatements or
    11  credits shall be effective January 1, 2001, or January 1, 2003,
    12  for expansion subzones under subsection (c)(2), if designation
    13  of an expansion subzone within the political subdivision is
    14  granted by the department. The exemptions, deductions,
    15  abatements or credits shall be binding upon the political
    16  subdivision for the duration of the expansion subzone
    17  designation.
    18  Section 302.  Application.
    19     (a)  Initial application.--One or more political
    20  subdivisions, or a designee of one or more political
    21  subdivisions, may apply to the department to designate
    22  deteriorated property within the political subdivision or
    23  portions thereof a subzone or expansion subzone. The application
    24  shall contain the following:
    25         (1)  The geographic area of the proposed keystone
    26     opportunity zone or proposed keystone opportunity expansion
    27     zone. The geographic area shall be located within the
    28     boundaries of the participating political subdivision and
    29     shall not contain more than 5,000 acres in the case of a
    30     keystone opportunity zone or [1,500] 3,000 acres in the case
    20020S1478B2387                  - 7 -

     1     of a keystone opportunity expansion zone.
     2         (2)  An opportunity plan that shall include the
     3     following:
     4             (i)  A detailed map of the proposed keystone
     5         opportunity zone or proposed keystone opportunity
     6         expansion zone, including geographic boundaries, total
     7         area and present use and conditions of the land and
     8         structures of the proposed keystone opportunity zone or
     9         proposed keystone opportunity expansion zone.
    10             (ii)  Evidence of support from and participation of
    11         local government, school districts and other educational
    12         institutions, business groups, community organizations
    13         and the public.
    14             (iii)  A proposal to increase economic opportunity,
    15         reduce crime, improve education, facilitate
    16         infrastructure improvement, reduce the local regulating
    17         burden and identify potential jobs and job training
    18         opportunities and which states whether or not the zone is
    19         located in an area which has tax revenue dedicated to the
    20         payment of debt.
    21             (iv)  A description of the current social, economic
    22         and demographic characteristics of the proposed keystone
    23         opportunity zone or proposed keystone opportunity
    24         expansion zone and anticipated improvements in education,
    25         health, human services, public safety and employment that
    26         will result from keystone opportunity zone or keystone
    27         opportunity expansion zone designation.
    28             (v)  A description of anticipated activity in the
    29         proposed keystone opportunity zone or proposed keystone
    30         opportunity expansion zone, including, but not limited
    20020S1478B2387                  - 8 -

     1         to, industrial use, industrial site reuse, commercial or
     2         retail use and residential use.
     3             (vi)  Evidence of potential private and public
     4         investment in the proposed keystone opportunity zone or
     5         proposed keystone opportunity expansion zone.
     6             (vii)  The role of the proposed keystone opportunity
     7         zone or proposed keystone opportunity expansion zone in
     8         regional economic and community development.
     9             (viii)  Plans to utilize existing resources for the
    10         administration of the proposed keystone opportunity zone
    11         or proposed keystone opportunity expansion zone.
    12             (ix)  Any other information deemed appropriate by the
    13         department.
    14         (3)  A report on youth at risk to include issues relating
    15     to health, welfare and education.
    16         (4)  The duration of the proposed subzones or proposed
    17     expansion subzones. [The duration of a subzone may not exceed
    18     15 years. The duration of an expansion subzone may not exceed
    19     13 years.]
    20         (5)  A formal, binding ordinance or resolution passed by
    21     every political subdivision in which the proposed subzone or
    22     proposed expansion subzone is located that specifically
    23     provides for all local tax exemptions, deductions, abatements
    24     or credits for persons and businesses set forth in this act.
    25         (6)  Evidence that the proposed keystone opportunity zone
    26     or proposed keystone opportunity expansion zone meets the
    27     required criteria under section 304.
    28     (b)  Participation limitation.--A political subdivision shall
    29  not be a part of more than one proposed keystone opportunity
    30  zone [or proposed keystone opportunity expansion zone]. A
    20020S1478B2387                  - 9 -

     1  political subdivision shall not be part of more than two
     2  proposed keystone opportunity expansion zones. A proposed
     3  expansion subzone may not overlap the boundaries of a subzone.
     4     (c)  Application limitation.--A political subdivision may
     5  submit [only one application] no more than two applications to
     6  the department for authorization as [a] keystone opportunity
     7  [zone] zones. A political subdivision may submit only one
     8  application to the department for authorization as a keystone
     9  opportunity expansion zone.
    10  Section 303.  Review.
    11     (a)  Action of department.--The department, in consultation
    12  with the Department of Revenue, shall review all completed
    13  applications submitted under this act. An application for
    14  authorization as a keystone opportunity zone and designation of
    15  subzones shall be received by the department on or before
    16  September 30, 1998, in order to be considered by the department.
    17  An application for authorization as a keystone opportunity
    18  expansion zone and designation of expansion subzones under
    19  section 301.1(c)(1) shall be received by the department on or
    20  before February 28, 2001, in order to be considered by the
    21  department. An application for designation of expansion subzones
    22  under section 301.1(c)(2) shall be received by the department on
    23  or before July 1, 2003, in order to be considered by the
    24  department.
    25     (b)  Process.--The department shall authorize up to 12
    26  keystone opportunity zones from applications meeting the
    27  criteria in section 304 based upon need and likelihood of
    28  success. The department shall authorize up to 12 keystone
    29  opportunity expansion zones from applications meeting the
    30  criteria in section 304 based upon need and likelihood of
    20020S1478B2387                 - 10 -

     1  success. Additionally, the department shall not alter the
     2  geographic boundaries of a subzone or expansion subzone or the
     3  duration of a subzone or expansion subzone described in an
     4  application.
     5     (c)  Authorizations.--The department shall authorize all
     6  keystone opportunity zones by November 30, 1998. The department
     7  shall authorize all keystone opportunity expansion zones by
     8  March 30, 2001.
     9     (d)  Effective date of designation.--The designation of a
    10  subzone under this act shall take effect on January 1, 1999. The
    11  designation of an expansion subzone under [this act] section
    12  301.1(c)(1) shall take effect on January 1, 2001. The
    13  designation of an expansion subzone under section 301.1(c)(2)
    14  shall take effect January 1, 2004.
    15     (e)  Extension.--The department may extend the deadline for
    16  the receipt of applications for keystone opportunity zones until
    17  December 31, 1998, if all 12 zones have not been authorized and
    18  the extension is necessary to allow eligible political
    19  subdivisions to apply. The department shall authorize additional
    20  keystone opportunity zones under this subsection by February 28,
    21  1999. The authorization shall take effect January 1, 1999, or if
    22  the authorization occurs after January 1, 1999, that subsequent
    23  authorization shall for all purposes be retroactive to January
    24  1, 1999. The keystone opportunity zone authorization shall end
    25  as provided in section 301(b).
    26  Section 304.  Criteria for authorization of keystone opportunity
    27                 zone.
    28     * * *
    29     (c)  Tax exemption ordinances.--An area shall not be
    30  authorized as a keystone opportunity zone or a keystone
    20020S1478B2387                 - 11 -

     1  opportunity expansion zone unless, as a part of the application,
     2  each political subdivision in which the proposed subzone or
     3  proposed expansion subzone is to be located adopts and provides
     4  a copy of an ordinance, resolution or other required action from
     5  the governing body of each political subdivision that exempts or
     6  provides deductions, abatements or credits to qualified persons
     7  and qualified businesses from local taxes upon designation of
     8  the area as a subzone or expansion subzone. All appropriate
     9  ordinances and resolutions shall be effective on or before
    10  January 1, 1999, if designation as a subzone is granted. All
    11  appropriate ordinances and resolutions shall be effective on
    12  January 1, 2001, or January 1, 2003, as the case may be, if
    13  designation as an expansion subzone is granted. The resolution,
    14  ordinance or other required action shall be binding and
    15  nonrevocable on the qualified political subdivisions for the
    16  duration of the opportunity plan.
    17     * * *
    18  Section 307.  Qualified businesses.
    19     * * *
    20     (b)  Relocation.--Any business that relocates from outside a
    21  subzone or expansion subzone into a subzone or expansion subzone
    22  shall not receive any of the exemptions, deductions, abatements
    23  or credits set forth in this act unless that business either:
    24         (1)  increases full-time employment by at least 20% in
    25     the first full year of operation within the subzone or
    26     expansion subzone; or
    27         (2)  makes, or has its landlord make, a capital
    28     investment in the property located within a subzone or
    29     expansion subzone equivalent to 10% of the gross revenues [of
    30     that business] attributable to the operations of the business
    20020S1478B2387                 - 12 -

     1     at the location from which it relocated into the subzone or
     2     expansion subzone in the immediately preceding calendar or
     3     fiscal year.
     4  The department, in consultation with the Department of Revenue,
     5  may waive or modify the requirements of this subsection, as
     6  appropriate.
     7  Section 518.  Keystone opportunity zone job tax credit or
     8                 keystone opportunity expansion zone job tax
     9                 credit.
    10     * * *
    11     (e)  Credit determinations.--The keystone opportunity zone
    12  job tax credit or keystone opportunity expansion zone job tax
    13  credit shall be determined by multiplying the monthly average of
    14  all full-time jobs by the allowance. The allowance for purposes
    15  of the keystone opportunity zone job tax credit or keystone
    16  opportunity expansion zone job tax credit for taxable years
    17  beginning within the dates set forth shall be as follows:
    18      January 1, 2001, to
    19           December 31, 2001                          $500 per job
    20      January 1, 2002, to
    21           December 31, 2002                          $750 per job
    22      January 1, 2003, to
    23           December 31, 2003                        $1,000 per job
    24      January 1, 2004, to
    25           [December 31, 2004                       $1,250 per job
    26      January 1, 2005, to
    27           December 31, 2005                        $1,250 per job
    28      January 1, 2006, to
    29           December 31, 2006                        $1,250 per job
    30      January 1, 2007, to
    20020S1478B2387                 - 13 -

     1           December 31, 2007                        $1,250 per job
     2      January 1, 2008, to
     3           December 31, 2008                        $1,250 per job
     4      January 1, 2009, to
     5           December 31, 2009                        $1,250 per job
     6      January 1, 2010, to
     7           December 31, 2010                        $1,250 per job
     8      January 1, 2011, to
     9           December 31, 2011                        $1,250 per job
    10      January 1, 2012, to
    11           December 31, 2012                        $1,250 per job
    12      January 1, 2013, to
    13           December 31, 2013                       $1,250 per job]
    14           December 31, 2028                        $1,250 per job
    15                                                          per year
    16     * * *
    17  Section 519.  Keystone opportunity zone job creation tax credit
    18                 or keystone opportunity expansion zone job
    19                 creation tax credit.
    20     * * *
    21     (e)  Credit determinations.--The keystone opportunity zone
    22  job tax credit or keystone opportunity expansion zone job tax
    23  credit shall be determined by multiplying the monthly average of
    24  all full-time jobs by the allowance. The allowance for purposes
    25  of the keystone opportunity zone job tax credit or keystone
    26  opportunity expansion zone job tax credit for taxable years
    27  beginning within the dates set forth shall be as follows:
    28      January 1, 2001, to
    29         December 31, 2001                            $500 per job
    30      January 1, 2002, to
    20020S1478B2387                 - 14 -

     1         December 31, 2002                            $750 per job
     2      January 1, 2003, to
     3         December 31, 2003                          $1,000 per job
     4      January 1, 2004, to
     5         [December 31, 2004                         $1,250 per job
     6      January 1, 2005, to
     7         December 31, 2005                          $1,250 per job
     8      January 1, 2006, to
     9         December 31, 2006                          $1,250 per job
    10      January 1, 2007, to
    11         December 31, 2007                          $1,250 per job
    12      January 1, 2008, to
    13         December 31, 2008                          $1,250 per job
    14      January 1, 2009, to
    15         December 31, 2009                          $1,250 per job
    16      January 1, 2010, to
    17         December 31, 2010                          $1,250 per job
    18      January 1, 2011, to
    19         December 31, 2011                          $1,250 per job
    20      January 1, 2012, to
    21         December 31, 2012                          $1,250 per job
    22      January 1, 2013, to
    23         December 31, 2013                         $1,250 per job]
    24         December 31, 2028                          $1,250 per job
    25                                                          per year
    26     * * *
    27  Section 1309.  Expiration.
    28     This act and all benefits associated with this act shall
    29  terminate December 31, [2013] 2028.
    30     Section 2.  This act shall take effect immediately.
    F11L72BIL/20020S1478B2387       - 15 -