Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1621-X - Additional Keystone Opportunity Expansion Zone for parcels impacted by current or former mining operations.(a) Designation.--In addition to a designation under Article XIX-D of the Tax Reform Code of 1971, or Chapter 3 of the KOZ act, the department may designate one additional Keystone Opportunity Expansion Zone that includes an area in a county that has a population of at least 200,000 but less than 215,000 Based on the 2020 Federal decennial census and an area in a county that has a population of at least 1,000,000 but less than 1,300,000 based on the 2020 Federal decennial census.(b)Criteria.--Notwithstanding the Tax Reform Code of 1971 and the KOZ act, the additional Keystone Opportunity Expansion Zone under subsection (a):(1) May not be less than 300 acres in size.(2) Shall be comprised of parcels of land where not less than 50% of the total acreage: (i) Is currently being used for mining operations or activities.(ii) Was formerly used for mining operations or activities.(3) Shall be utilized for activities related to the production, generation or storage of renewable energy.(4) Shall be occupied by a qualified business that makes a capital investment of at least $100,000,000 in the additional Keystone Opportunity Expansion Zone within five years of the designation under subsection (a).(c)Authorization.-- (1) A business or affiliate of a business located within an additional Keystone Opportunity Expansion Zone authorized under subsection (a) shall be entitled to all tax exemptions, deductions, abatements or credits under Chapter 5 of the KOZ act, except for exemptions for sales and use taxes under section 511(a) of the KOZ act, for a period of 15 years from the time production or generation of renewable energy is commenced.(2) Exemptions for sales and use taxes under section 511(a) of the KOZ act shall commence upon designation of the Keystone Opportunity Expansion Zone by the department and shall continue for 15 years.(d) Application.-- (1) In order to receive a designation under subsection (a), the department must receive an application from an economic development authority or an economic development authority's designee no later than October 1, 2027. The application must contain the information required under section 302(a)(1) and (2)(i) and (ix) of the KOZ act. A single application shall be permitted for two adjacent counties when abatement is for State tax purposes and not local taxes.(2) The department, in consultation with the Department of Revenue, shall review the application and, if approved, issue a certification of all tax exemptions, deductions, abatements or credits under Chapter 5 of the KOZ act consistent with subsection (c) within three months of receipt of the application.(3) The department shall act on an application for a designation under subsection (a) no later than December 31, 2027.(e) Disapproval.--If the department does not approve of a designation under subsection (a), the department shall hold a public hearing in the municipality for which the application was made within 30 days of the disapproval. The Secretary of Community and Economic Development or a designee, shall provide the following information at the public hearing: (1) The reason for the disapproval.(2) The estimated number of new jobs that would have been created in the parcel.(3) The estimated dollar amount of new investment that would have been made in the parcel.(4) An alternative economic development plan developed by the department that would, if implemented, provide an equivalent amount of investment in the municipality for which the application was made.(f)Transparency.--The department shall conduct the public hearing required under subsection (e) in accordance with applicable provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).(g) Applicability.-- (1) The exemptions, deductions, abatements or credits authorized under chapter 7 of the KOZ act shall not apply to this section.(2) The department may not require that the political subdivision in which the additional Keystone Opportunity Expansion Zone under this section is located approve an application submitted under subsection (d).(3) The provisions of section 902 of the KOZ act shall apply to an additional Keystone Opportunity Expansion Zone approved under this section.Added by P.L. TBD 2023 No. 34,§ 8, eff. 12/13/2023.