§ 61.5. Allocations of tax-exempt bond authority.
The act allocates the Commonwealth’s tax-exempt bond authority to five categories as follows:
(1) Housing related bonds. An amount equal to $160 million will be allocated for housing related bonds, including qualified residential rental projects and qualified mortgage bonds as defined by sections 142(d) and 143(a) of the Internal Revenue Code (26 U.S.C.A. § § 142(d) and 143(a)). Requests to apply the housing related bond allocation to specific projects or uses, including mortgage credit certificate programs, will be reviewed and may be approved or disapproved by the Board of the Housing Finance Agency. Application for housing related bond allocations shall be made to the Executive Director of the Housing Finance Agency.
(2) Qualified student loan bonds. An amount equal to $50 million will be allocated to the Pennsylvania Higher Education Assistance Agency for qualified student loan bonds provided by section 144(b) of the Internal Revenue Code (26 U.S.C.A. § 144(b)).
(3) Qualified small issue bonds. An amount equal to $175 million will be allocated for qualified small issue bonds under section 144(a) of the Internal Revenue Code. This amount will be allocated in accordance with the formula in § 63.1(d) (relating to allocations). Requests to apply this allocation to specific projects or uses will be reviewed and may be approved or disapproved by the Secretary. Application for allocations shall be made to the Private Capital Financing Office in the Department. The Secretary will provide allocations for qualified small issue bonds utilizing the procedure and subject to the requirements in § 63.3 (relating to procedures).
County Allocation Adams $400,000 Allegheny $14,785,000 Armstrong $400,000 Beaver $400,000 Bedford $400,000 Berks $6,457,000 Blair $4,188,000 Bradford $400,000 Bucks $9,445,000 Butler $5,471,000 Cambria $1,505,000 Cameron $400,000 Carbon $400,000 Centre $400,000 Chester $6,860,000 Clarion $400,000 Clearfield $1,259,000 Clinton $400,000 Columbia $400,000 Crawford $3,981,000 Cumberland $400,000 Dauphin $400,000 Delaware $1,659,000 Elk $400,000 Erie $8,514,000 Fayette $400,000 Forest $400,000 Franklin $4,605,000 Fulton $400,000 Greene $400,000 Huntingdon $400,000 Indiana $400,000 Jefferson $2,242,000 Juniata $400,000 Lackawanna $574,000 Lancaster $4,327,000 Lawrence $3,439,000 Lebanon $2,530,000 Lehigh $2,508,000 Luzerne $5,681,000 Lycoming $400,000 McKean $3,609,000 Mercer $5,106,000 Mifflin $400,000 Monroe $1,214,000 Montgomery $17,270,000 Montour $2,175,000 Northampton $12,416,000 Northumberland $400,000 Perry $400,000 Philadelphia $6,240,000 Pike $400,000 Potter $400,000 Schuylkill $3,777,000 Snyder $400,000 Somerset $400,000 Sullivan $400,000 Susquehanna $400,000 Tioga $400,000 Union $400,000 Venango $400,000 Warren $400,000 Washington $6,628,000 Wayne $400,000 Westmoreland $5,160,000 Wyoming $400,000 York $6,575,000 Totals $175,000,000 (4) Other qualified private activity bonds. An amount equal to $166 million will be allocated to other qualified private activity bonds, including qualified redevelopment bonds as defined by section 144(c) of the Internal Revenue Code, exempt facility bonds as defined by section 142 (excluding section 142(d)) of the Internal Revenue Code, and enterprise zone bonds as defined by section 1394 of the Internal Revenue Code (26 U.S.C.A. § 1394), all of which are subject to the volume cap provided by section 146 of the Internal Revenue Code (26 U.S.C.A. § 146). Requests to apply this allocation to specific projects or uses will be reviewed and may be approved or disapproved by the Secretary. Applications for allocations shall be made to the Private Capitol Financing Office in the Department. An allotment of at least 25% of the allocation provided in this paragraph is reserved for solid waste disposal projects.
(5) Special allocation pool. The Secretary may utilize not more than $50 million for a special allocation pool for projects which require more bond authority than a given county has currently available to it. To qualify for consideration to use this pool, local issuing authorities shall demonstrate to the Secretary’s satisfaction that they have acted responsibly in selecting projects which maximize long-term net new job creation, consistent with the intent of the act. Decisions regarding use of the special allocation pool for small issue purposes will be based upon the characteristics and merits of individual projects proposed, and upon the record of the issuing authority in utilizing industrial development financing to create or retain jobs. A project may be considered if the entire allocation for the county in which the project is proposed has been obligated. In determining approval or disapproval of allocation requests from this pool, the Secretary will consider the following:
(i) The amount of the allocation available.
(ii) The size of the project.
(iii) The level of economic distress.
(iv) The number of net new jobs to be created.
(v) The ability to undertake the project without approval of the tax exempt financing.
(vi) The amount of private funds leveraged.
(vii) The project’s consistency with the economic development plans of the Commonwealth and of municipalities and regions.
(viii) The date the bonds are to be issued.
Source The provisions of this § 61.5 adopted January 10, 1986, effective January 1, 1986, 16 Pa.B. 129; amended January 30, 1987, effective retroactively to January 1, 1987, 17 Pa.B. 571; amended January 22, 1988, effective January 1, 1988, 18 Pa.B. 386; amended April 1, 1988, effective retroactively to January 1, 1988, 18 Pa.B. 1492; corrected April 22, 1988, effective retroactively to January 1, 1988, 18 Pa.B. 1933; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3825; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1928; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3705; amended May 27, 1994, effective May 28, 1994, 24 Pa.B. 2704; amended March 24, 1995, effective March 25, 1995, 25 Pa.B. 1082; amended June 21, 1996, effective June 22, 1996, 26 Pa.B. 2923; amended March 14, 1997, effective March 15, 1997, 27 Pa.B. 1369; amended February 27, 1998, effective February 28, 1998, 28 Pa.B. 1139. Immediately preceding text appears at serial pages (230854) to (230857).
Cross References This section cited in 12 Pa. Code § 61.2 (relating to initial allocations for Commonwealth agencies); 12 Pa. Code § 61.3 (relating to restrictions on county allocations); and 12 Pa. Code § 61.6 (relating to allocation procedures).
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