Section 4. Section 3 of the act, amended December 19, 1975 (P.L.576, No.165), December 16, 1982 (P.L.1363, No.312) and July 10, 1987 (P.L.273, No.48), is amended to read:
Section 3. Definitions.--As used in this act:
"Agricultural activity" means any person, partnership, or corporation which is engaged primarily in raising, preparing, or marketing crops, livestock, or related products.
"Acquisition" means the acquisition, construction, reconstruction, equipping, expansion, extension, improvement, rehabilitation or remodeling of a project.
"Authority" or "industrial and commercial development authority" means a public instrumentality of the Commonwealth and a body politic and corporate, created pursuant to section 4 of this act.
"Board" means the governing body of an authority created pursuant to section 4 of this act.
"Bonds" means and includes [the notes, bonds] any notes, instruments, refunding notes and bonds and other [evidence] evidences of indebtedness or obligations. [which each authority is authorized to issue pursuant to section 6(b)(10) of this act or which the financing authority is authorized to issue pursuant to section 6.3 of this act.
"Certain transportation and other facilities" means airports, docks, wharves, mass commuting facilities, public parking facilities, inter modal transportation facilities, or storage or training facilities directly related to any such facility and facilities for the confinement or correction of prisoners.
"Commercial enterprise" means an enterprise other than a specialized enterprise or industrial enterprise which by its nature or size requires substantial capital and which by its nature or size has created, or offers reasonable likelihood of creating, substantial employment opportunities. The term "commercial enterprise" may include wholesale, retail and other mercantile activities, office buildings, hotel or motel structures, shopping centers, department stores and international, national and regional headquarters facilities: Provided, however, That with respect to redevelopment pursuant to a redevelopment proposal, there shall be no requirement concerning substantiality of capital nor substantiality of creation of employment opportunities.]
"Commercial facilities" means and includes, but is not limited to, wholesale, retail and other mercantile facilities, warehouse and distribution facilities, service facilities, office facilities, hotel or motel facilities, shopping centers, department stores and international, national and regional headquarters facilities, health care facilities, education facilities, facilities for persons requiring special care, research and development facilities and tourism, recreational and sports facilities.
"Commonwealth agency" means any agency, authority or other instrumentality of the Commonwealth.
"Construction" [and] or "to construct" [mean and include] means and includes the [acquisition,] equipping, erection, extension, installation, renovation, enlargement or [substantial] repair of structures employed in, or related to, [activities] projects comporting with the intent of this act, and also [include] includes activities substantially related to such [acquisition,] equipping, erection, extension, installation, renovation, enlargement or substantial repair of structures employed in, or related to, such [activities] projects.
["Cost of the industrial development project, specialized development project or commercial development project" or "cost of the project" or "cost" means and includes the expense of construction, the expense of acquisition of all structures, lands and other property rights and interests in land necessary to the project. The terms also include the expense of demolishing, removing or relocating any buildings or structures on lands acquired or to be acquired, including the expense of acquiring any lands to which such buildings or structures may be moved or relocated, the expense of sewage treatment, waste treatment and pollution control facilities, railroad sidings, spurs, or branch lines and of all labor, materials, machinery and equipment, financing charges, interest on all bonds prior to and during construction, and for a period of six months thereafter, cost of engineering, financial and legal services, plans, specifications, studies, surveys necessary or incidental to determining the feasibility or practicability of constructing an industrial, specialized, or commercial development project, administrative expenses, reserves for interest and for extensions, enlargements, additions and improvements, and such other expenses as may be necessary or incidental to the construction of industrial, specialized, or commercial development projects and the placing of the same in operation.]
"Cost of the project" or "cost" means and includes any and all costs of a project, including, but not limited to, any and all costs and expenses of acquisition of all land, interests in land, property, rights, buildings, structures, equipment, furnishings and other tangible or intangible property comprising the project, the expense of demolishing, removing or relocating any buildings or structures on lands acquired or to be acquired and the expense of acquiring any lands to which such buildings or structures may be moved or relocated, financing charges and other costs of financing and issuing bonds, interest expenses prior to and during construction and for a period of twelve months thereafter, costs of engineering, financial, accounting and legal services, plans, specifications, studies, surveys necessary or incidental to determining the feasibility or practicability of constructing the project, administrative expenses, reserves for interest and such other expenses as may be necessary or incidental to the development, implementation or use of the project and the placing of the same in operation. In addition, "cost of the project" or "cost" may include working capital or other capital needs related to industrial, commercial or other economic activities or operating costs of public facilities, provided, however, that working capital, operating costs and other capital needs shall be limited as a percentage of the cost of the project financed with the proceeds of bonds issued under this act by regulations, statements of policy, guidelines or rulings issued by the Department of Commerce.
"Department" means the Department of Commerce of the Commonwealth.
"Disaster relief project" means any undertaking to rehabilitate, repair, reconstruct, clean up, replace or otherwise return to economic use any land, site, structure, or facility, including machinery, equipment and tools damaged or lost due to disaster of flood or fire or other casualty [comprising or being a part of an industrial, specialized or commercial enterprise]. In order to qualify as a disaster relief project, a project must be located within a county designated as a disaster area by the President of the United States.
["Energy conversion facility" means an improvement to an industrial, commercial, or specialized development project which changes its fuel consumption capability to a fuel determined by the authority, with the approval of the secretary to be more desirable than the fuel used by the occupant of the project at the time application is made to the authority.]
"Energy conversion facilities" means an improvement to industrial, commercial or other facilities which change their fuel consumption capability to a fuel determined by an authority or the financing authority to be more desirable than the fuel used by the occupant of the project at the time application is made to the authority.
"Energy producing [activity" means an activity] facilities" means and includes facilities to create, extract, transmit, or store energy or energy producing substances, including, but not limited to coal mine operations, oil and gas operations, solar, nuclear, hydro or geothermal energy operations, except the production of electrical energy by a utility [activity] entity.
"Federal agency" or "Federal Government" means and includes the United States of America, the President of the United States of America, and any department of or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.
"Financing authority" means the Pennsylvania Economic Development Financing Authority created by section 6.1 of this act.
"Financing board" means the governing body of the financing authority.
"Governmental body" or "governmental bodies" means the body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality.
["Improvement" and "to improve" mean and include construction and other changes determined by an authority with the approval of the secretary to comport with the purposes of this act.
"Industrial development project," "specialized development project," "commercial development project," "development project" or "project" means any pollution control facilities or any combination or part of buildings or facilities occupied or utilized by an industrial, specialized, or commercial enterprise located within or without, or partially within or without, the municipality creating the authority, or existing or hereafter acquired or constructed by the authority pursuant to the terms of this act, including any or all buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, water rights, franchises, machinery, equipment, furnishings, landscaping, utilities, railroad spurs and sidings, wharves, approaches and roadways necessary or desirable in connection therewith or incidental thereto. The term "development project" includes, as well, pollution control facilities occupied or utilized by any utility activity, agricultural activity or any person, partnership, or corporation engaged in the extraction of any mineral coal, natural gas, oil or other natural resources.
"Industrial enterprise" means an enterprise other than a specialized enterprise or commercial enterprise which by its nature or size requires substantial capital and which by its nature or size has created or offers a reasonable likelihood of creating substantial employment opportunities. The term "industrial enterprise" may include manufacturing activities and research and development activities, as well as warehouse facilities, distribution facilities, and international, national and regional headquarters facilities. The term "industrial enterprise" also includes activities directly related to tourism and recreational facilities, provided that such activities comprise or are part of a planned or established tourist or recreational complex.
"Industrial parks" means land areas acquired (including existing buildings and improvements), and improvements to be placed thereon by a nonprofit development organization in accordance with plans and specifications approved by the secretary as sites for the establishment thereon of two or more industrial, specialized, or commercial development projects.
"Investor-developer" means any person, partnership or corporation engaged in the development for use by occupants of one or more development projects and determined by the authority to be financially responsible to assume all obligations prescribed by the authority and this act in the acquisition, development, construction, leasing, sale, operation and financing in whole or in part of a development project.
"Manufacturing activity" means the giving of new shapes, new qualities or new combinations to matter by the application of skill and labor thereto through the use of equipment or otherwise.]
"Industrial development agency" means those nonprofit corporations or foundations or associations which have been certified as industrial development agencies by the Pennsylvania Industrial Development Authority Board pursuant to the act of May 17, 1956 (1955 P.L.1609, No.537), known as the "Pennsylvania Industrial Development Authority Act."
"Industrial facilities" means and includes any property, real or personal, which is used for manufacturing, warehousing, transportation of goods for manufacturing or sale, offices, research and development and other facilities of trades or services which perform activities ancillary to industrial activity.
"Interagency project" means any project which meets the definition of "project" under the provisions of the act of March 1, 1988 (P.L.82, No.16), known as the "Pennsylvania Infrastructure Investment Authority Act," as now or may hereafter be amended, which has been referred to the financing authority in accordance with section 6.3(a) of this act.
"Municipal authority" means an authority organized and existing under the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," as now or may hereafter be amended.
"Municipality" means any county, city, town, borough or township of the Commonwealth of Pennsylvania, each of which political subdivisions are separate incorporated municipalities of the Commonwealth of Pennsylvania for the purposes of this act.
["Nursing home" means any facility licensed or approved as a nursing home by the Department of Public Welfare or by the Department of Health.
"Occupant" means any person, partnership, or corporation engaged in an industrial, commercial or specialized enterprise and determined by the authority to be financially responsible to assume all obligations prescribed by the authority and this act in the lease, sale, and operation of a development project. The term "occupant" shall also mean (i) a financially responsible nonprofit development agency engaged in establishing development projects, whether for single or multiple occupancy for use by any person, partnership, or corporation engaged in any enterprise or (ii) a person, partnership, or corporation engaged in furnishing facilities for confinement or correction of prisoners for use by any municipality.]
"Pollution control facilities" means and includes any property, real or personal, which is to be used to abate [or reduce], reduce, remediate or aid in the prevention, control, collection, treatment, disposal or monitoring of noise, air, water or thermal pollution, solid or liquid waste or other pollutants without limitation thereto and may include property or equipment which is to be installed primarily to supplement or to replace existing property or equipment not meeting acceptable pollution control standards or which is to be supplemented or replaced to comply with an order or citation to eliminate pollution issued by any Federal, [State] Commonwealth or local agency having jurisdiction.
["Redevelopment proposal" means a proposal, including a copy of the redevelopment area plan and supporting data submitted for approval to the governing body by an authority, for the development of all or any part of a redevelopment area.
"Research and development activity" means an activity for the discovery of new and the refinement of known substances, processes, products, theories and ideas, but shall not include activities directed primarily to the accumulation or analysis of commercial, financial or mercantile data.]
"Project" means industrial facilities, commercial facilities, pollution control facilities, energy conversion facilities, energy-producing facilities, disaster relief project facilities, public facilities and other facilities or activities which promote any of the public purposes set forth in section 2 or 2.1 of this act, including any land, interests in land, easements, appurtenances, improvements, buildings, structures, equipment, furnishings or other real or personal property, whether tangible or intangible, or interest therein or any combination thereof. In addition, the project may include working capital and other capital needs for industrial, commercial and other economic or cost-savings activities and may consist solely of the financing of operating expenses. The financing of projects may be with tax-exempt bonds or taxable bonds issued pursuant to this act and may be direct through application of bond proceeds or other funds to pay project costs or indirect through stock purchases or such other means as an authority or the financing authority may approve.
"Project applicant" means any individual, public or private corporation, partnership, association, firm or other entity, whether or not created for the purpose of making a profit, or any Commonwealth agency or any municipality or any municipal authority which requests an authority or the financing authority to participate in the financing of one or more projects in the manner provided by this act for use by one or more project users.
"Project user" means any individual, public or private corporation, partnership, association, firm, municipality, municipal authority, Commonwealth agency or other entity, whether or not created for the purpose of making a profit, which owns, leases or uses all or any part of a project and may include a project applicant.
"Public facility" means any facility owned or leased by a municipality, municipal authority or Commonwealth agency which serves a public purpose, including, but not limited to, park facilities, water and sewer facilities, waste treatment facilities, waste disposal facilities, roads and transportation facilities and systems of every kind, public parking facilities, correctional facilities, jails and court facilities, police and firefighting facilities, library facilities, child care facilities, educational facilities and health care facilities.
"Secretary" means the Secretary of Commerce of the Commonwealth.
["Specialized enterprise" means an enterprise, other than an industrial enterprise or a commercial enterprise, which by its nature or size requires substantial capital. The term "specialized enterprise" includes, and is expressly limited to, certain transportation and other facilities, nursing homes, industrial parks, facilities for the furnishing by a utility activity of gas or water available on reasonable demand to members of the general public, energy conversion facilities, energy-producing activities, and the construction of rail sidings, spurs, and branch lines.]
"Taxable bonds" means bonds or other evidences of indebtedness the interest on which is includable in gross income for Federal income taxation purposes.
"Tax-exempt bonds" means bonds or other evidences of indebtedness the interest on which is excludable from gross income for Federal income taxation purposes.
"Utility [activity] entity" means any public or private company [or], corporation or other entity engaged primarily in an activity regulated by the Pennsylvania Public Utility Commission.