Section 820.301d - Additional keystone opportunity expansion zones(a) Establishment.--(1) In addition to any designations under section 301.1, the department may designate up to 15 additional keystone opportunity expansion zones in accordance with this section. Each additional keystone opportunity expansion zone shall: (i) Not be less than ten acres in size, unless contiguous to an existing zone.(ii) Not exceed, in the aggregate, a total of 350 acres.(iii) Be comprised of parcels that meet any of the following criteria: (A) Are deteriorated, underutilized or unoccupied on the effective date of this clause.(B) Are occupied by a business that: (I) Creates or retains at least 1,400 full-time jobs in this Commonwealth within three years of the designation of the keystone opportunity expansion zone; and(II) Makes a capital investment of at least $750,000,000 in the additional keystone opportunity enhancement zone within three years of the designation of the keystone opportunity expansion zone.(2) In addition to any designations under section 301.1 and paragraph (1), the department may designate up to 15 additional keystone opportunity expansion zones in accordance with this subsection. Each additional keystone opportunity expansion zone shall: (i) Not be less than ten acres in size unless contiguous to an existing zone.(ii) Not exceed, in the aggregate, a total of 350 acres.(iii) Be comprised of parcels that meet any of the following criteria: (A) Are deteriorated, underutilized or unoccupied on the effective date of this clause.(B) Are occupied by a qualified business that: (I) creates or retains at least 1,000 full-time jobs in this Commonwealth within three years of the designation of the keystone opportunity expansion zone; and(II) makes a capital investment of at least $500,000,000 in the additional keystone opportunity expansion zone within three years of the designation of the keystone opportunity expansion zone.(3) If a qualified business in a keystone opportunity expansion zone designated under paragraph (2) makes an investment of at least $1,000,000,000 and the business and its affiliates, as determined by the department, create at least 400 new permanent full-time jobs in one or more zones within seven years of the date of designation by the department, the department shall grant to the business and its affiliates in each of the designated zones exemptions, deductions, abatements and credits under this act for a period of 15 years from the date of occupancy. If the qualified business and its affiliates fail to comply with the provisions of this paragraph, the period of the zone shall revert to ten years.(b) Authorization.--Persons and businesses within an additional keystone opportunity expansion zone authorized under subsection (a)(1) or (2) shall be entitled to all tax exemptions, deductions, abatements or credits set forth under this act, except exemptions for sales and use tax under section 511(a) or 705(a), for a period of ten years . For a keystone opportunity expansion zone established under subsection (a)(1), the ten-year period shall begin on January 1, 2010, and end on December 31, 2020. For a keystone opportunity expansion zone established under subsection (a)(2), the ten-year period shall begin on January 1, 2014, and end on December 31, 2023. Exemptions for sales and use taxes under sections 511 and 705 shall commence upon designation of the zone by the department.(c) Application.--In order to receive a designation under subsection (a)(1), the department must receive an application from a political subdivision or its designee no later than May 1, 2009, and no later than October 1, 2013, for a keystone opportunity expansion zone established under subsection (a)(2). The application must contain the information required under section 302(a)(1), (2)(i) and (ix) and (6). The application must include all ordinances, resolutions or other required action adopted by all political subdivisions in which the keystone opportunity expansion zone is located providing the tax exemptions, deductions, abatements and credits authorized under Chapter 7. 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 this act for the additional keystone opportunity expansion zone within three months of receipt of the application. The department shall act on an application for a designation under subsection (a)(1) by June 30, 2009, and on an application for a designation under subsection (a)(2) by November 30, 2013. The department may make designations under this section on a rolling basis during the application period. The department may make designations under subsection (a)(2) that meet the requirements of this act provided that at least three keystone opportunity expansion zones are reserved for counties of the fifth through eighth class. If the department receives less than three applications that meet the requirements of this act from counties of the fifth through eighth class by the application deadline under this subsection, the number of zones reserved under this subsection, minus the number of such applications for zones the department has approved, shall be available for designation in any county. (d) Unused keystone opportunity expansion zones.--
(1) The department may designate any of the 15 remaining keystone opportunity expansion zones established under subsection (a)(1) for which there was no designation by the department as of the effective date of this subsection. To receive a designation of a remaining keystone opportunity expansion zone under this subsection, the department must receive an application from a political subdivision or its designee by June 1, 2012. The application must comply with subsection (c) except for the application deadline. The department, in consultation with the Department of Revenue, shall review the application and, if approved, shall issue a certification of all tax exemptions, deductions, abatements or credits under this act for the additional keystone opportunity expansion zone within three months of receipt of the application.(2) Persons and qualified businesses within an additional keystone opportunity expansion zone authorized under paragraph (1) shall be entitled to all tax exemptions, deductions, abatements or credits set forth under this act, except exemptions for sales and use tax under section 511(a) or 705(a), for a period of ten years beginning January 1, 2013, and ending December 31, 2022. Exemptions for sales and use taxes under sections 511 and 705 shall commence upon designation of the zone by the department. (e) Notice.--Upon designation under this section, the department shall immediately notify political subdivisions located within the area designated.
Amended by P.L. 183 2012 No. 16, § 1, eff. 2/14/2012.1998, Oct. 6, P.L. 705, No. 92, § 301.4, added 2008, July 10, P.L. 1014, No. 79, § 2, effective in 60 days [Sept. 8, 2008].