H2425B3335A05184 SFR:AAS 06/26/24 #90 A05184
AMENDMENTS TO HOUSE BILL NO. 2425
Sponsor: REPRESENTATIVE GROVE
Printer's No. 3335
Amend Bill, page 1, lines 1 through 10, by striking out all
of said lines and inserting
Establishing the Pennsylvania Strategic Investments to Enhance
Sites (PA SITES) Program and the PA SITES Fund; and imposing
duties on the Department of Community and Economic
Development.
Amend Bill, page 1, lines 13 through 21; pages 2 through 14,
lines 1 through 30; page 15, line 1; by striking out all of said
lines on said pages and inserting
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Strategic Investments to Enhance Sites (PA SITES) Program Act.
Section 2. 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:
"Authority." The Pennsylvania Economic Development Financing
Authority.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Economic development organization." A nonprofit
organization whose mission is to advance the economic
development needs of a locality or region.
"Eligible applicant." One of the following entities located
within this Commonwealth:
(1) A municipality.
(2) An economic development organization.
(3) A redevelopment authority.
(4) A municipal authority.
(5) An industrial development agency.
(6) A for-profit organization.
"Eligible projects." Any of the following:
(1) The development of a comprehensive real estate plan.
(2) The development of competitive industrial sites that
provide for the relocation or expansion of businesses to or
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within this Commonwealth.
(3) The development of nonindustrial sites or any other
project the department deems eligible.
"Fund." The PA SITES Fund established under section 4.
"Municipal authority." A body corporate and politic created
under:
(1) 53 Pa.C.S. Ch. 56 (relating to municipal
authorities);
(2) the former act of June 28, 1935 (P.L.463, No.191),
known as the Municipality Authorities Act of one thousand
nine hundred and thirty-five; or
(3) the former act of May 2, 1945 (P.L.382, No.164),
known as the Municipality Authorities Act of 1945.
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"Office." The Office of the Budget of the Commonwealth.
"Program." The Pennsylvania Strategic Investments To Enhance
Sites Program or PA SITES Program established under section 3.
"Redevelopment authority." A public body and a body
corporate and politic created and organized under the act of May
24, 1945 (P.L.991, No.385), known as the Urban Redevelopment
Law.
Section 3. PA SITES Program.
(a) Declaration of policy.--The General Assembly finds and
declares that funding the development of comprehensive regional
plans, competitive sites for businesses to locate or expand
within this Commonwealth and competitive industrial and
nonindustrial sites by assisting in reduction of development
risk, including interest, through the authority, is in the best
interest of this Commonwealth.
(b) Establishment, administration and purpose.--
(1) The Pennsylvania Strategic Investments To Enhance
Sites Program or PA SITES Program is established in the
department.
(2) The department shall administer the program to
provide grants and loans to approved eligible applicants for
eligible projects.
(c) Eligible projects.--The department may award a grant or
loan to an approved eligible applicant for the following costs
of an eligible project:
(1) Acquisition of land and buildings, rights-of-way and
easements.
(2) The construction or rehabilitation of one or more of
the following:
(i) Storm water drainage systems.
(ii) Energy infrastructure that supports the
generation and distribution of power and any end uses
necessitated by the site, including heating, cooling or
energy used as an input for manufacturing.
(iii) Sanitary sewer systems, including the
construction or repair of sewage collection lines and
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sewage treatment facilities, including proration of costs
for needed off-site facilities.
(iv) Water supply facilities, including construction
or repair of ground water sources, water lines and water
storage and treatment facilities, including proration of
costs for needed off-site facilities.
(v) Transportation facilities directly affecting the
site of the proposed development, including:
(A) On-site and off-site road improvements.
(B) Traffic signals.
(C) Parking facilities.
(D) Sidewalks.
(E) Bridges.
(F) Rails, including the construction or
rehabilitation of spurs, signals, crossings and
intermodal facilities.
(G) Port-related facilities, including dredging,
docking facilities, bulkheads and intermodal
facilities.
(vi) Facilities for the transmission of information,
including telephone lines, fiber-optic telecommunications
lines and towers for wireless communications.
(vii) Onsite amenities, such as recreational areas,
which are reasonably expected to increase the value or
attractiveness of the site.
(3) Demolition of existing structures at the site and
removal of abandoned foundations at the site.
(4) The rehabilitation of existing onsite buildings if
the eligible applicant can demonstrate that the potential for
site reuse will be greater with the existing structure or
structures.
(5) The clearing and preparation of land for
construction.
(6) Environmental site assessment and remediation.
(7) Related engineering, design and inspection costs.
(8) Signage, landscaping and street lighting.
(9) Administrative costs, permit fees, legal costs and
expenses for other professional services.
(10) Costs associated with the development of a
comprehensive real estate plan.
(11) Other costs associated with the proposed eligible
project as determined by the department.
(d) Department responsibilities.--The department shall:
(1) Develop written guidelines for the administration of
the program to be published on the department's publicly
accessible Internet website.
(2) Develop a certification program which verifies the
site readiness of marketed sites across this Commonwealth.
(3) Develop a written competitive application and
application process for the program. The grant and loan
processes and application shall be available on the
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department's publicly accessible Internet website.
(4) Develop a grant agreement for the program that
includes provisions requiring an eligible applicant to return
any unused or improperly used grant money to the
Commonwealth.
(5) Develop loan documentation for the program
consistent with this act.
(6) Provide an annual report to accompany the
department's annual budget materials, to the chairperson and
minority chairperson of the Appropriations Committee of the
Senate and the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives,
that includes performance metrics that include a five-year
review of the program, the program's financial health and
sustainability, projects awarded, projects completed and
projects terminated, including reasons for termination.
(e) Evaluation criteria.--The department shall evaluate
program applications on the following criteria:
(1) The eligible applicant's need for program funding
for the eligible project.
(2) The feasibility of the proposed project, including
whether the eligible applicant can complete the project with
the available funding, including the proposed non-State
source matching funds and the program grant or loan.
(3) The marketability of the site once the site has been
fully developed.
(4) The need for developed business-ready sites in the
community or surrounding area.
(5) The relative impact the project will have on the
community, region and this Commonwealth.
(6) The increased employment opportunities resulting
from the project in the community or the surrounding area.
(7) The amount and sources of non-State source matching
money proposed to be invested in the project by the eligible
applicant.
(8) The eligible applicant's demonstration of site
control.
(9) The proposed time frame for commencement and
completion of the project.
(10) Identification of the project as a priority
investment in a local or regional economic development plan.
(11) Whether the eligible project is part of a
comprehensive municipal plan or county plan and is zoned for
development at the time of application.
(12) Other criteria specified by the department in the
program application that the department deems necessary to
conduct a full evaluation of program applications.
Section 4. Establishment of fund and deposits.
(a) Establishment of fund.--The PA SITES Fund is established
in the State Treasury as a restricted account.
(b) Deposit of repayments and other money.--Money received
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from the recapture of grants or as loan repayments received
under the program or money otherwise made available to the
program shall be deposited into the fund and made available for
additional grants and loans under section 3.
Section 5. Sufficient funding.
This act shall be subject to sufficient funding appropriated
by the General Assembly.
Section 6. No personal liability.
The members, directors, officers and employees of the
department, the office and the authority shall not be personally
liable as a result of good faith exercise of the rights and
responsibilities granted under this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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