2012 Pennsylvania Consolidated Statutes
Title 12 - COMMERCE AND TRADE
Chapter 34 - Infrastructure and Facilities Improvement Program
Section 3402 - Definitions

     § 3402.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meaning given to them in this section unless the
     context clearly indicates otherwise:
        "Applicant."  An issuing authority which applies for
     financial assistance under section 3404 (relating to
     application).
        "Convention center."  Interests in land, improvement,
     structure, buildings or part of a building, whether owned by,
     leased by or to or otherwise acquired by an authority, which are
     appropriate for large public assemblies, the holding of
     conventions, conferences, trade exhibitions and other business,
     social, cultural, scientific and public interest events.
        "Convention center authority."  An entity created under any
     of the following:
            (1)  Article XXV-A of the act of July 28, 1953 (P.L.723,
        No.230), known as the Second Class County Code.
            (2)  Article XXIII(n) and (o) of the act of August 9,
        1955 (P.L.323, No.130), known as The County Code.
            (3)  53 Pa.C.S. Ch. 56 (relating to municipal
        authorities) or the former act of May 2, 1945 (P.L.382,
        No.164), known as the Municipality Authorities Act of 1945,
        for purposes related to convention centers.
            (4)  64 Pa.C.S. Ch. 60 (relating to Pennsylvania
        Convention Center authority).
        "Cost of a project."  Any of the following expenses incurred
     for a project:
            (1)  Expenses for the acquisition, construction,
        reconstruction, expansion, extension, demolition,
        improvement, rehabilitation or remodeling of interests in
        land, buildings, structures, improvements or infrastructure,
        which are part of the project.
            (2)  Expenses for the remediation of existing
        environmental hazards on land where the project is or will be
        located.
            (3)  Financing charges and other costs and expenses
        incurred in financing and issuing bonds for the project.
            (4)  Costs and expenses of administrative expenses and
        professional services, including the costs of engineering,
        financial services, accounting and legal services, rendered
        in completing the project.
            (5)  Costs and expenses associated with the preparation
        of plans, specifications, studies and surveys, necessary or
        incidental to determining the feasibility or practicability
        of constructing the project.
        "Department."  The Department of Community and Economic
     Development of the Commonwealth.
        "Hospital."  A facility operated by an entity licensed as a
     hospital under the act of June 13, 1967 (P.L.31, No.21), known
     as the Public Welfare Code, or the act of July 19, 1979
     (P.L.130, No.48), known as the Health Care Facilities Act, which
     is used to provide inpatient care and services.
        "Hotel establishment."  A hotel which is associated with a
     convention center.
        "Industrial enterprise."  An enterprise, other than a
     mercantile, commercial or retail enterprise, which by virtue of
     its size requires substantial capital and will create
     significant employment opportunities.
        "Infrastructure."  Any of the following:
            (1)  Drainage and storm water systems.
            (2)  Energy facilities which distribute electric power.
            (3)  Wastewater systems.
            (4)  Transportation facilities. The term includes roads,
        parking facilities, sidewalks, bridges, rails, ports,
        waterways and airports.
            (5)  Pipelines for transporting natural gas.
            (6)  Facilities for the transmission of information. The
        term includes telecommunication and cable.
            (7)  Water supply facilities.
            (8)  Interests in land to construct a facility, pipeline
        or system listed in paragraphs (1) through (7).
            (9)  Engineering, design and inspection costs associated
        with the construction of a facility, pipeline or system
        listed in paragraphs (1) through (7).
        "Issuing authority."  Any of the following:
            (1)  An authority created under the act of May 24, 1945
        (P.L.991, No.385), known as the Urban Redevelopment Law.
            (2)  An authority created under Article XXV-A of the act
        of July 28, 1953 (P.L.723, No.230), known as the Second Class
        County Code.
            (3)  Article XXIII(n) and (o) of the act of August 9,
        1955 (P.L.323, No.130), known as The County Code.
            (4)  The Pennsylvania Economic Development Financing
        Authority or an authority established under section 4 of the
        act of August 23, 1967 (P.L.251, No.102), known as the
        Economic Development Financing Law.
            (5)  An issuing authority as defined in section 3 of the
        act of July 11, 1990 (P.L.465, No.113), known as the Tax
        Increment Financing Act.
            (6)  An authority created under 53 Pa.C.S. Ch. 56
        (relating to municipal authorities) or the former act of May
        2, 1945 (P.L.382, No.164), known as the Municipality
        Authorities Act of 1945, for purposes related to convention
        centers.
            (7)  An authority created and continued under 64 Pa.C.S.
        Ch. 60 (relating to Pennsylvania Convention Center
        Authority).
        "Manufacturer."  An entity which is engaged in the giving of
     new shapes, new qualities or new combinations to matter by the
     application of skill and labor.
        "Project."  As follows:
            (1)  If the project user is an industrial enterprise or
        retail enterprise:
                (i)  Infrastructure.
                (ii)  Remediation of environmental hazards which were
            not caused or contributed to by the applicant or the
            project user.
            (2)  If the project user is a research and development
        enterprise, manufacturer, hospital, convention center or
        hotel establishment:
                (i)  Infrastructure.
                (ii)  Remediation of environmental hazards which were
            not caused or contributed to by the applicant or the
            project user.
                (iii)  Interests in land, buildings, structure or
            improvements required by the project user.
        "Project user."  An industrial enterprise, retail enterprise,
     research and development enterprise, manufacturer, hospital,
     convention center or hotel establishment, which owns, leases or
     uses all or any part of a project.
        "Research and development enterprise."  A for-profit business
     engaged in the discovery of new and the refinement of known
     substances, processes, products, theories and ideas.
        "Retail enterprise."  An entity or entities engaged in retail
     sales which created or will create at least 200 full-time jobs
     and occupies or will occupy at least a 200,000-square-foot
     facility.
        "Secretary."  The Secretary of Community and Economic
     Development of the Commonwealth.
        "Year."  The fiscal year of the Commonwealth.
     (Nov. 30, 2004, P.L.1708, No.218, eff. imd.)

        2004 Amendment.  Act 218 amended the defs. of "project,"
     "project user" and "retail enterprise" and added the def. of
     "research and development enterprise."