2012 Pennsylvania Consolidated Statutes
Title 12 - COMMERCE AND TRADE
Chapter 34 - Infrastructure and Facilities Improvement Program
Section 3405 - Review

     § 3405.  Review.
        (a)  Project review.--Upon receiving a completed application,
     the department shall review the application to determine all of
     the following:
            (1)  That the cost of the project is reasonable.
            (2)  The number of net new full-time jobs created or to
        be created by the project and the number of existing full-
        time jobs to be preserved by the project.
            (3)  That a firm commitment from the project user to use
        the project upon completion exists.
            (4)  That the financing for the project identifies a
        party other than the Commonwealth that will be responsible
        for repayment of the debt.
            (5)  That the applicant submitted satisfactory financial
        information from the project user prepared or reported on by
        an independent certified public accountant.
            (6)  That the financing for the project does not pledge
        the full faith and credit of the Commonwealth.
            (7)  (Deleted by amendment).
            (8)  If the project was completed prior to the effective
        date of this section, that the project user is a retail
        enterprise.
            (9)  That the applicant and the project user complied
        with all other criteria established by the department.
        (b)  Financial review.--
            (1)  Upon being satisfied that all requirements have been
        met, the department shall forward the application to the
        Office of the Budget and the Department of Revenue. The
        office, in conjunction with the Department of Revenue, shall
        review the application. Notwithstanding the provisions of
        section 353(f) of the act of March 4, 1971 (P.L.6, No.2),
        known as the Tax Reform Code of 1971, the Department of
        Revenue may supply the department and the office with
        information concerning taxes owed or paid by a project user
        or for which a project user may otherwise be liable or with
        any other aspect of an applicant's tax liability. The office,
        in conjunction with the Department of Revenue, shall evaluate
        all of the following:
                (i)  The sales tax collected or expected to be
            collected by the project user pursuant to Article II of
            the Tax Reform Code of 1971 from activities as a result
            of the project.
                (ii)  The hotel occupancy tax to be collected by the
            project user pursuant to Article II of the Tax Reform
            Code of 1971 from activities as a result of the project.
                (iii)  The expected net increase in personal income
            tax withheld by the project user as an employer pursuant
            to Article III of the Tax Reform Code of 1971 from
            activities as a result of the project.
            (2)  The Office of the Budget may accept, reject or
        adjust the estimate of the amount of tax remitted or to be
        remitted to the Commonwealth by the project user from
        activities resulting from the project.
     (Nov. 30, 2004, P.L.1708, No.218, eff. imd.)

        2004 Amendment.  Act 218 deleted subsec. (a)(7).
        Cross References.  Section 3405 is referred to in section
     3406 of this title.