Section 303 - DefinitionsThe following terms, whenever used or referred to in this act, shall have the following meanings, except in those instances where the context clearly indicates otherwise:
(a) The term "Authority" shall mean the public body corporate and politic created by this act.(b) The term "board" shall mean the governing body of the Authority.(c) The term "county" shall mean any county of this Commonwealth.(d) The term "critical economic area" shall mean the area encompassing any municipality or group of municipalities, county, group of counties or region of the Commonwealth reasonably defined by the Authority wherein critical conditions of unemployment, economic depression, wide-spread reliance on public assistance and unemployment compensation are found to exist by the Authority. Prior to determination and designation of any area of the Commonwealth as a critical economic area the Authority shall conduct such investigations of the area and of the records and statistical indices of the Department of Labor and Industry, as well as the declarations and statistics of any other State or Federal agencies as shall be necessary to establish the existence of the above conditions in such area and to establish that: (i) an average of not less than (6%) of the labor force of such area has been unemployed for any five years of the preceding ten years, hereinafter designated "critical economic area A"; or (ii) an average of not less than (4%) of the labor force of such area has been unemployed for the preceding calendar year, hereinafter designated "critical economic area B"; or (iii) an average of not less than 4% of the labor force of such area has been unemployed for any five years of the preceding ten years, hereinafter designated "critical economic area C," immediately prior to the date of such investigations and findings utilized by the Authority. No area of the Commonwealth shall be designated a critical economic area without such investigations and findings having been first made and certified to in the permanent records of the Authority. An area of the Commonwealth having once been designated a critical economic area A or area C shall remain so for a period of six months following the month in which it ceases to qualify as a critical economic area as above defined and designated by the Authority. The Authority may designate critical economic areas annually for each fiscal year of the Commonwealth based on investigations and findings for the previous calendar year, or for periods of less than one year, at the discretion of the Authority.(e) The term "Federal agency" shall mean and include 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.(f) The term "government" shall mean the State and Federal governments, or any political subdivision, agency or instrumentality, corporate or otherwise, or either of them.(g) The term "industrial development agency" shall mean a nonprofit corporation or a foundation or association organized and existing under the laws of this Commonwealth, regardless of the particular name, to whose members or shareholders no profit shall enure and which shall have as a purpose the promotion, encouragement, construction, development and expansion of new or existing industrial development projects in a critical economic area.(h) The term "Industrial Development Fund" shall mean the account created by section eight of this act.(i) The term "industrial development project" shall mean any land, site, structure, facility or undertaking comprising or being connected with or being a part of (i) an industrial enterprise, (ii) a manufacturing enterprise, (iii) a research and development enterprise, or (iv) an agricultural enterprise, established or to be established by an industrial development agency in a critical economic area.(j) The term "municipality" shall mean any city, borough, town or township of the Commonwealth of Pennsylvania, each of which political subdivisions are separate incorporated municipalities of the Commonwealth for the purposes of this act.(k) The term "responsible buyer" shall mean any person, partnership, or corporation deemed by the Authority, after investigation, to be financially responsible to assume all obligations prescribed by the Authority in the acquisition and operation of an industrial development project.(l) The term "responsible tenant" shall mean any person, partnership, or corporation deemed by the Authority, after investigation, to be financially responsible to assume all rental and all other obligations prescribed by the Authority in the leasing and operation of an industrial development project.(m) The words "cost of establishing an industrial development project" shall embrace any or all of the following: The cost of construction, the cost of all lands, property, rights, easements and franchises acquired, which are deemed necessary for such construction, financing charges, interest prior to and during construction, cost of engineering and legal expense, plans, specifications, surveys, estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any industrial development project together with such other expenses as may be necessary or incident to the financing and the construction of the industrial development project and the placing of the same in operation; the cost of all machinery and equipment and its installation and maintenance shall not be included in the "cost of establishing an industrial development project", but shall be provided by the responsible tenant or responsible buyer.(n) The term "industrial enterprise" shall mean an enterprise other than a mercantile, commercial or retail enterprise, which by virtue of its size requires substantial capital and which by its nature and size has created or will create substantial employment opportunities. The term "industrial enterprise" may include warehouse and terminal facilities, and office buildings utilized as National or regional headquarters or computer or clerical operations centers, provided they require substantial capital and have or will create substantial employment opportunities.(o) The term "manufacturing enterprise" shall mean an enterprise which is engaged in the giving of new shapes, new qualities or new combinations to matter by the application of skill and labor thereto.(p) The term "research and development enterprise" shall mean an enterprise 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.(q) The term "mortgage" shall mean (i) a freehold mortgage on an industrial development project where the industrial development project is owned in fee by an industrial development agency and (ii) a leasehold mortgage on an industrial development project where the industrial development project is leased by an industrial development agency from the Commonwealth of Pennsylvania.(r) The term "agricultural enterprise" shall mean an enterprise which is engaged in business related to farming, agricultural endeavors or other related businesses and services supporting the development of agriculture; which by virtue of its size required substantial capital and which by its nature and size has created or will create substantial employment opportunities.(s) The term "small business" shall mean and refer to respective responsible buyers or tenants occupying and operating an industrial enterprise, a manufacturing enterprise, a research and development enterprise or an agricultural enterprise and who, or which, together with parents, subsidiaries or affiliated corporations or other related business entities employ, in the aggregate, less than fifty full time employes on an annual basis.(t) The term "industrial parks" shall mean land areas acquired, including existing buildings previously erected thereon, said land areas, excluding existing buildings, if any, improved and prepared by industrial development agencies in accordance with plans and specifications as approved by the Authority as sites for the establishment thereon of two or more industrial development projects by industrial development agencies in a redevelopment area or a critical economic area.(u) The term "multiple-tenancy building project" shall mean any land, site, structure, facility of undertaking acquired or constructed for occupancy by two or more industrial enterprises, manufacturing enterprises or research and development enterprises, as those terms are defined in this act, established or to be established by an industrial development agency in a critical economic area.1956, May 17, P.L. (1955) 1609, § 3. Amended 1963, July 10, P.L. 221, §2; 1965, May 5, P.L. 42, No. 37, § 2; 1967, Oct. 5, P.L. 323, § 2; 1972, June 16, P.L. 475, No. 153, § 1; 1975, Dec. 19, P.L. 591, No. 166, §1; 1980 , May 15, P.L. 131, No. 49, § 1, imd. effective; 1988 , July 13, P.L. 534, No. 95, § 1, effective 7/1/1988.