Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

12 Pa. Code § 63.2. Provisions of the Tax-Exempt Bond Allocation Act suspended.

§ 63.2. Provisions of the Tax-Exempt Bond Allocation Act suspended.

 Provisions of the Tax-Exempt Bond Allocation Act (73 P.S. § §  397.1—397.8) inconsistent with this chapter and 4 Pa. Code § §  7.331—7.338 (relating to 1987 allocations of the unified volume cap under the Tax Reform Act of 1986) are suspended as provided by section 6(a) of the Tax-Exempt Bond Allocation Act (73 P.S. §  397.5(a)). The suspended portions of the Tax-Exempt Bond Allocation Act include the following provisions:

   (1)  Section 5(a) of the Tax-Exempt Bond Allocation Act (73 P.S. §  397.5(a)) insofar as the subsection does not provide allocations for housing related bonds.

   (2)  Section 5(a)(1) insofar as paragraph (1) required 2/3 of the State ceiling to be allocated under a formula.

   (3)  Section 5(a)(2) insofar as paragraph (2) allocated only 1/3 of the State ceiling for projects not funded using the formula contained in section 5(a)(1).

   (4)  Section 5(a)(2)(iv) insofar as subparagraph (iv) establishes a procedure for making allocations to the Higher Education Assistance Agency and provides allocations to the agency using the 1/3 allocation provided by section 5(a)(2).

   (5)  Section 5(b) and (c) insofar as the subsections do not provide reallocations for housing related bonds.

   (6)  The definition of ‘‘exempt facilities’’ in section 3 of the Tax-Exempt Bond Allocation Act (73 P.S. §  397.3) insofar as an example of an exempt facility project is a pollution control facility. The other portions of the ‘‘exempt facilities’’ definition remain in force and effect.

   (7)  Section 5(a) insofar as that section requires the Secretary to allocate, by December 1 of the following calendar year rather than by February 1 of the same calendar year, the tax-exempt bond authority.

Authority

   The provisions of this §  63.2 amended under sections 6 and 7(4) of the Tax-Exempt Bond Allocation Act (73 P.S. § §  397.6 and 397.7(4)) (Repealed).

Source

   The provisions of this §  63.1 adopted January 16, 1987, effective retroactively to January 1, 1987, 17 Pa.B. 247; amended January 22, 1988, effective retroactively to January 1, 1988, 18 Pa.B. 333; amended June 16, 1989, effective June 17, 1989, 19 Pa.B. 2541; amended September 21, 1990, effective September 22, 1990, 20 Pa.B. 4861; amended April 24, 1992, effective April 25, 1992, 22 Pa.B. 2240. Immediately preceding text appears at serial pages (161473) to (161474).

   (Editor’s Note: This regulation was promulgated under section 6(b) of the Regulatory Review Act (71 P.S. §  745.6(b)) which provides that it takes effect for 120 days.)



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