The act allocates the Commonwealth’s tax-exempt bond authority to five categories as follows:

1. (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. (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. (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. (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. (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:

   1. (i) The amount of the allocation available.
   2. (ii) The size of the project.
   3. (iii) The level of economic distress.
   4. (iv) The number of net new jobs to be created.
   5. (v) The ability to undertake the project without approval of the tax exempt financing.
   6. (vi) The amount of private funds leveraged.
   7. (vii) The project’s consistency with the economic development plans of the Commonwealth and of municipalities and regions.
   8. (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).