2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 64 - PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS › Chapter 15 - Commonwealth Financing Authority › Section 1556 - Tax Increment Financing Guarantee Program

§ 1556. Tax Increment Financing Guarantee Program.
(a) Establishment.--
There is established a program to be known as the Tax Increment Financing Guarantee Program. The program shall provide guarantees for tax increment financing bonds or other indebtedness issued in accordance with the act of July 11, 1990 (P.L.465, No.113), known as the Tax Increment Financing Act.
(b) Applications for guarantees.--
An issuing authority may submit an application to the authority requesting a guarantee of bonds or other indebtedness to be issued pursuant to the Tax Increment Financing Act. The application must be on the form required by the board and must include or demonstrate all of the following:
(1) The issuing authority's name and address.
(2) The location of the project.
(3) A description of the project which includes a statement that the project is for the:
(i) redevelopment, reuse or revitalization of previously developed land, including previously mined areas; or
(ii) development of undeveloped land which may be the subject of future development pursuant to any existing comprehensive municipal plan and is zoned for that development at the time of application.
(4) That the requirements of the Tax Increment Financing Act will be complied with prior to the issuance of bonds or other indebtedness by the issuing authority.
(5) That the incremental tax revenues to be realized from the project will be sufficient to offset the amount of debt service to be paid on the bonds or other indebtedness to be issued by the issuing authority.
(6) The amount of the guarantee sought.
(7) Any other information required by the board.
(c) Review of guarantee applications.--
The board shall review the application to determine all of the following:
(1) That the project is consistent with any existing comprehensive county plan where the project is located.
(2) That the project is for the:
(i) redevelopment, reuse or revitalization of previously developed land, including previously mined areas; or
(ii) development of undeveloped land which may be the subject of future development pursuant to any existing comprehensive municipal plan and is zoned for that development at the time of application.
(3) That the incremental tax revenues to be realized as a result of the project are sufficient to repay the bonds or other indebtedness issued.
(4) That the project and the proposed bond issue or issuance of debt complies with the requirements of the Tax Increment Financing Act.
(5) That the issuing authority complied with all other criteria established by the board.
(d) Approval of guarantee applications.--
Upon being satisfied that all requirements have been met, the board may approve the application, and, if approved, the authority shall execute a guarantee agreement in favor of the issuing authority. In addition to any other terms and conditions required by the board, the guarantee agreement shall provide for the following:
(1) The procedure for the submission of a claim for payment under the guarantee agreement. If the authority makes payment on a claim for payment submitted under the guarantee agreement, the authority may assume all rights and privileges previously belonging to the bondholders or the holders of the debt and may renegotiate the terms of repayment of the debt assumed by the authority under terms as the authority deems appropriate.
(2) Annual reporting by the issuing authority on the status of the project, including the amount of the annual debt service and the annual value of the incremental tax revenues.
(e) Limitations.--
No guarantee approved by the board may exceed $5,000,000.
Cross References.
Section 1556 is referred to in section 1543 of this title; section 13A63 of Title 4 (Amusements).