Section 8833-G - Revocation of tax credit certificates.(a)Revocation.--The department shall revoke a tax credit certificate awarded under Section 1829-g if any of the following occur with respect to a rural growth fund before the rural growth fund exits the program under Section 1834-g: (1) The rural growth fund in which the credit-eligible capital contribution was made does not invest all of its investment authority in rural growth investments in this Commonwealth within three years of the closing date with at least 25% of its investment authority initially invested in rural businesses engaged in manufacturing.(2) The rural growth fund, after satisfying the conditions of paragraph (1), fails to maintain rural growth investments equal to 100% of its investment authority until the seventh anniversary of the closing date. For the purposes of this paragraph, a rural growth investment is "Maintained" even if the rural growth investment is sold or repaid so long as the rural growth fund reinvests an amount equal to the capital returned or recovered by the rural growth fund from the original rural growth investment, exclusive of any profits realized, in other rural growth investments in this Commonwealth within 12 months of the receipt of the capital. Amounts received periodically by a rural growth fund shall be treated as continually invested in rural growth investments if the amounts are reinvested in one or more rural growth investments by the end of the following calendar year. A rural growth fund is not required to reinvest capital returned from rural growth investments after the sixth anniversary of the closing date, and the rural growth investments shall be considered held continuously by the rural growth fund through the seventh anniversary of the closing date.(3) The rural growth fund, before exiting the program in accordance with Section 1834-g, makes a distribution or payment that results in the rural growth fund having less than 100% of its investment authority invested in rural growth investments in this commonwealth or available for investment in rural growth investments and held in cash and other marketable securities. (4) The following apply: (i) With respect to program one tax credit authority, the rural growth fund invests more than 20% of its investment authority, exclusive of receipts or redeemed rural growth investments, in the same rural business, including amounts invested in affiliates of the rural business.(ii) With respect to program two tax credit authority, the rural growth fund invests more than $5,000,000 of its investment authority, exclusive of receipts or redeemed rural growth investments, in the same rural business, including amounts invested in affiliates of the rural business.(5) The rural growth fund makes a rural growth investment in a rural business that directly or indirectly through an affiliate owns, has the right to acquire an ownership interest, makes a loan to or makes an investment in the rural growth fund, an affiliate of the rural growth fund or an investor in the rural growth fund. This paragraph does not apply to investments in publicly traded securities by a rural business or an owner or affiliate of a rural business. For purposes of this paragraph, a rural growth fund shall not be considered an affiliate of a rural business solely as a result of its rural growth investment.. (b) Notification.--Before revoking one or more tax credit certificates under this section, the department shall notify the rural growth fund of the reasons for the pending revocation. The rural growth fund shall have 90 days from the date the notice was made to correct any violation outlined in the notice to the satisfaction of the department and avoid revocation of a tax credit certificate.(c) Reallocation.--If a tax credit certificate is revoked under this section, the associated investment authority and credit-eligible capital contributions may not count toward the limit on total investment authority and credit-eligible capital contributions allowed under this part. The department shall first reallocate investment authority on a pro rata basis to each rural growth fund that was allocated less than the requested investment authority under section 1824-G. The department may then allocate any remaining investment authority to new applicants. (d) Rural growth investment cap.--With respect to any one rural business, the maximum amount of rural growth investments made in that business, on a collective basis with all of its affiliates that may be counted toward the satisfaction of subsection (a), shall be $15,000,000, exclusive of receipts of redeemed rural growth investments.Amended by P.L. (number not assigned at time of publication) 2024 No. 56,§ 21, eff. 7/11/2024.Amended by P.L. TBD 2020 No. 68, § 5, eff. 9/21/2020.Amended by P.L. TBD 2019 No. 13, § 19, eff. 7/1/2019.Added by P.L. TBD 2016 No. 84, § 38.1, eff. 7/13/2016.