Pennsylvania Act 2002-213 — JOB ENHANCEMENT ACT - OMNIBUS AMENDMENTS

act-2002-0-2132002 Pa. Act 213Law

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JOB ENHANCEMENT ACT - OMNIBUS AMENDMENTS
                 Act of Dec. 9, 2002, P.L. 1682, No. 213              Cl. 12
                             Session of 2002
                               No. 2002-213

     SB 1370

                                  AN ACT

     Amending the act of June 29, 1996 (P.L.434, No.67), entitled, as
        amended, "An act to enhance job creation and economic
        development by providing for an annual financing strategy,
        for opportunity grants, for job creation tax credits, for
        small business assistance, for the Small Business Advocacy
        Council, for a family savings program, for industrial
        development assistance, for community development bank grants
        and loans and for tax-exempt bond allocation; conferring
        powers and duties on various administrative agencies and
        authorities; further providing for various funds; and making
        repeals," further providing for definitions, for the
        Pollution Prevention Assistance Account and for eligibility
        and terms and conditions of loans; providing for job
        training; further providing for the power and authority for
        the Pennsylvania Economic Development Financing Authority;
        recodifying the Machinery and Equipment Loan Fund Act;
        further providing for tax-exempt bond allocation and for loan
        eligibility; and making repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "capital development project"
     or "project," "export activity" and "small business enterprise"
     in section 1301 of the act of June 29, 1996 (P.L.434, No.67),
     known as the Job Enhancement Act, amended or added June 24, 1997
     (P.L.247, No.23), November 17, 1998 (P.L.788, No.100), October
     2, 2002 (P.L.804, No.115), and October 2, 2002 (P.L.836,
     No.120), are amended and the section is amended by adding
     definitions to read:
      Section 1301.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Agricultural producer."  A person or entity involved in the
     management and use of a normal agricultural operation for the
     production of a farm commodity.
        * * *
        "Capital development project" or "project."  Land, buildings,
     equipment and machinery and working capital which is acquired,
     constructed, renovated or used by a small business enterprise:
            (1)  As part of a for-profit project or venture not of a
        mercantile or service-related nature, except for hospitality
        industry projects and except as otherwise provided in section
        1303(a.1).
            (2)  To bring a small business enterprise into compliance
        with Federal or State environmental laws or regulations or to
        complete an approved remediation project or to permit the
        small business enterprise to adopt generally acceptable
        pollution prevention practices.
            (3)  To provide assistance to a small business
        [enterprises that are recyclers] enterprise which is a
        recycler of municipal or commercial waste or [that are
        manufacturers] which is a manufacturer using recycled
        municipal or commercial waste materials.
            (4)  To assist a small business enterprise with defense
        conversion activities.
            (5)  For the manufacture of products to be exported out
        of the United States by a small business enterprise as part
        of a for-profit project or venture not of a mercantile or
        service-related nature, except for export-related services
        and international export-related mercantile ventures or
        advanced technology and computer-related services and
        mercantile ventures, which will increase this Commonwealth's
        national or international market shares.
            (6)  As part of a for-profit project or venture that
        meets the requirements of section 1303(a.1).
            (7)  To assist in the start-up or expansion of a for-
        profit or not-for-profit child day-care center subject to
        licensure by the Commonwealth.
        "Child day-care center."  Any premises in which child day
     care is provided simultaneously for seven or more children who
     are not related to the provider.
            * * *
        "Export activity."  An activity undertaken by [an] a small
     business enterprise related to exports of goods and services
     outside of the United States. [The term includes manufacturing,
     assembling and like operations.]
        * * *
        "Small business enterprise."  A for-profit corporation,
     partnership, proprietorship, limited liability company or other
     entity which meets the eligibility requirements established by
     the department. The term shall include, but is not limited to, a
     small business enterprise which:
            (1)  is located in a small business incubator facility;
            (2)  is an agricultural processor;
            (3)  is an agricultural producer; [or]
            (4)  manufactures apparel products[.]; or
            (5)  is a for-profit or not-for-profit child day-care
        center subject to licensure by the Commonwealth.
        * * *
        Section 2.  Sections 1302(b.1), 1303(a.1) and (a.2) and
     1304(a.1) and (a.2) of the act, amended or added November 17,
     1998 (P.L.788, No.100), are amended to read:
      Section 1302.  Small Business First Fund and Pollution
                    Prevention Assistance Account.
        * * *
        (b.1)  Pollution Prevention Assistance Account.--There is
     hereby created within the Small Business First Fund a Pollution
     Prevention Assistance Account to provide revolving loans to
     small [businesses] business enterprises that employ 100 or fewer
     individuals[, that operate from a stationary source] and that
     adopt or install pollution prevention or energy-efficient
     equipment or processes. The account shall be administered by the
     department. All appropriations made for the purposes of this
     account and all proceeds from loan repayments, including
     interest, and any and all other deposits, payments and
     contributions from any other source made available to the
     department for the purposes of this account shall be deposited
     into this account.
        * * *
      Section 1303.  Eligibility for and terms and conditions of
                    loans.
        * * *
        (a.1)  Loans to small business enterprises in certain
     areas.--
            (1)  The department may provide loans to small business
        enterprises located in distressed communities which are in
        the business-to-public service, mercantile, commercial or
        point-of-sale retail business sectors in accordance with
        conditions or criteria established by the department in
        guidelines adopted for these loans. Loans shall be made in
        accordance with the provisions of this chapter except that:
                [(i)  Loans may be made to mercantile or service-
            related enterprises approved by the department.]
                (ii)  The [provisions of subsection (b) relating to
            required increases in employment shall not apply to loans
            made under this subsection] small business enterprise
            must agree to retain, at a minimum, jobs in existence as
            of the date of loan application.
                (iii)  The department may authorize flexible
            repayment terms and an interest rate of not less than 2%.
                (iv)  The department may utilize additional area loan
            organizations, including community development financial
            institutions, to receive loan applications and administer
            loans.
                (v)  The department may use its best judgment to
            identify and secure collateral.
            (2)  Distressed communities shall include:
                (i)  Any census tract or other specifically defined
            geographic area in which:
                    (A)  there is a median income below 80% of the
                median income for this Commonwealth or the United
                States;
                    (B)  20% or more of the population is below the
                poverty level by family size published by the Bureau
                of the Census; or
                    (C)  there is an unemployment rate 50% higher
                than the national average.
                (ii)  A Keystone Opportunity Zone.
                (iii)  Any other geographic area designated by the
            department as distressed. The designation shall be
            published in the Pennsylvania Bulletin.
            (3)  The department and area loan organization shall not
        make loans under this subsection on the basis of direct
        financial return on investment and shall not be held to the
        loan loss standards of private commercial lenders. Loans
        shall be for the purpose of establishing a strong economic
        base and promoting entrepreneurial activity within the
        distressed community.
            (4)  In order to receive a loan under this subsection, a
        small business enterprise must demonstrate a direct impact on
        the community in which it is located, on residents of that
        community or on the local and/or regional economy. The
        department shall establish criteria that will assist the
        small business enterprise in making this demonstration.
        (a.2)  Pollution prevention assistance loans.--The Pollution
     Prevention Assistance Account created under section 1302(b.1)
     shall provide revolving loans to small [businesses] business
     enterprises.
            (1)  The loans shall be for the purpose of enabling [the
        small business] a small business enterprise to adopt or
        install pollution prevention equipment or processes to:
                (i)  Reduce or reuse raw materials onsite.
                (ii)  Reduce the production of waste.
                (iii)  Reduce energy consumption.
            (2)  The Pollution Prevention Assistance Account shall
        not invest on the basis of direct financial return and shall
        not be held to the loan loss standards of commercial lenders.
        Loans shall be for the purpose of reducing pollution through
        source reduction technologies or processes.
            (3)  A loan under this subsection may not exceed the
        lesser of:
                (i)  [$50,000] $100,000; or
                (ii)  75% of eligible project costs.
            (4)  Loans under this subsection shall have an interest
        rate of 2% per year and a [maximum] repayment term [of seven]
        not to exceed ten years.
            (5)  An industrial resource center receiving funds under
        the act of [July 2, 1993 (P.L.439, No.64), known as the Ben
        Franklin/IRC Partnership Act] June 22, 2001 (P.L.400, No.31),
        known as the Industrial Resources Center Partnership Act, may
        utilize the account to provide assistance to a small business
        enterprise for which a loan application has been made.
            (6)  Loans under this subsection shall be used to further
        the goal of pollution prevention through the purchase and
        installation of equipment to make operational changes and
        modify production practices.
        * * *
      Section 1304.  Application and administration.
        * * *
        [(a.1)  Distressed communities.--An area loan organization
     designated to administer loans to distressed communities under
     section 1303(a.1) shall provide documentation that the small
     business enterprise is located in a distressed community as
     required by the department.]
        (a.2)  Pollution prevention assistance loans.--
            (1)  Applications for loans from the Pollution Prevention
        Assistance Account established under section 1302(b.1) shall
        be on a form prescribed by the department and shall be
        reviewed under subsection (b)(2). The Department of
        Environmental Protection shall assist the department and
        provide technical assistance with application review.
            (2)  The department, an area loan organization or an
        industrial resource center may charge fees, costs, service
        charges, loan commitment fees or other expenses not to exceed
        [1%] 5% of the loan amount.
        * * *
        Section 3.  Section 1311(e), (g) and (h) of the act, added
     June 24, 1997 (P.L.247, No.23), are amended and the section is
     amended by adding a subsection to read:
      Section 1311.  Export Financing Loan Fund; loans and
                    applications; powers and duties.
        * * *
        (e)  Conditions.--A loan must comply with all of the
     following:
            [(1)  Be to a company eligible for a policy.
            (2)  Be guaranteed by the Working Capital Guaranty
        Program offered by the Ex-Im Bank or be on an export credit
        sales contract insured by a policy.]
            (3)  Be limited to [companies that have facilities within
        this Commonwealth which are involved in export activities]
        the financing of export activities that take place within
        this Commonwealth.
            (4)  Be based on an export contract that requires payment
        in United States dollars.
            [(5)  Be for the purpose of financing export activity.]
            (6)  Be limited to companies with 250 or fewer full-time
        [equivalent] employees.
        (e.1)  Additional conditions.--At the discretion of the
     department, a loan may also be required to contain one or both
     of the following conditions:
            (1)  The company is eligible for a policy.
            (2)  The loan is guaranteed by the Working Capital
        Guaranty Program offered by the Ex-Im Bank or be on an export
        credit sales contract insured by a policy.
        * * *
        (g)  Restrictions.--Export Financing Loan Fund assistance
     shall not exceed $350,000 for any individual project [or 50% of
     the eligible project costs, whichever is less]. A loan must not
     supplant funding which is otherwise available from private
     sector sources on commercially reasonable terms.
        (h)  Terms.--A loan shall have a term, rate of interest,
     transaction size and other business conditions that comply with
     the requirements [of the Ex-Im Bank and any other requirements]
     of the department.
        * * *
        Section 3.1.  Section 2702 of the act, added November 17,
     1998 (P.L.788, No.100), is amended by adding a definition to
     read:
      Section 2702.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "First-time farmer."  As defined in section 147(c)(2)(C) of
     the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
     § 147(c)(2)(C)).
        * * *
        Section 3.2.  Sections 2703 and 2704 of the act, added
     November 17, 1998 (P.L.788, No.100), are amended to read:
      Section 2703.  Selection of projects.
        (a)  Criteria.--In selecting projects for allocation of the
     tax-exempt bond authority of the Commonwealth, the department
     shall endeavor to best serve the purposes set forth in section
     2701 in accordance with the requirements of the Internal Revenue
     Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). In so
     doing, the secretary may, among other things, consider all of
     the following:
            (1)  The number of net new jobs to be created and the
        number of jobs to be preserved.
            (2)  The economic distress of the county, municipality or
        region as determined by its employment.
            (3)  The geographical diversity within this Commonwealth.
            (4)  The amount of private funds to be leveraged by the
        tax-exempt bond financing.
            (5)  Coordination with community and economic development
        plans of the Commonwealth and its counties, municipalities
        and regions.
            (6)  Whether the community has been designated a Federal
        disaster relief area or the community's business district has
        been significantly damaged as a result of fire or natural
        disaster.
        (b)  Tax-exempt bond authority set-aside.--Either at the
     beginning of or at any time during the course of each year, the
     department may set aside such tax-exempt bond authority as the
     department, in consultation with the Secretary of the Budget,
     determines for use during the year for the various categories of
     tax-exempt bonds such as manufacturing facilities, enterprise
     zone facilities, exempt facilities, mortgage revenue bonds,
     student loan bonds, first-time farmers and redevelopment bonds.
      Section 2704.  Allocation.
        (a)  Application by agency.--An agency may apply to the
     department for an allocation for a project to be undertaken by
     the agency consistent with the purposes set forth in section
     2701. The department, in consultation with the agency and the
     Secretary of the Budget, shall determine what portion of an
     allocation request the agency will receive and may establish
     deadlines for the use of the allocation. A decision on the
     application shall be provided by the department within 30 days
     from the date that the application for an allocation is made to
     the department. Nothing in this chapter shall prevent an agency
     from applying for additional allocations for projects throughout
     the year. Nothing in this chapter shall affect the rights of
     constitutional home rule cities to receive allocations under
     section 146(e)(3) of the Internal Revenue Code of 1986 (Public
     Law 99-514, 26 U.S.C. § 146(e)(3)).
        (b)  Application by qualified local issuers.--A qualified
     local issuer may apply to the department for an allocation for a
     project consistent with purposes set forth in section 2701 with
     respect to which the qualified local issuers are authorized by
     the laws of the Commonwealth to issue a tax-exempt bond. [A]
     Except as set forth in subsection (d.1), a qualified local
     issuer shall apply directly to the department, and the
     department shall determine what portion of an allocation request
     a [particular authority organized by a county or other political
     subdivision] qualified local issuer will receive.
        (c)  Recapture of unused allocation.--A portion of an
     allocation provided under subsection (a) [or], (b) or (d.1)
     which is not used before the earlier of the end of the calendar
     year or the deadline set by the department under subsection (a),
     including an extension by the department, shall be recaptured
     for reallocation by the department in consultation with the
     Secretary of the Budget.
        (d)  Allocations to Pennsylvania Housing Finance Agency.--As
     provided by section 501-A.1 of the act of December 3, 1959
     (P.L.1688, No.621), known as the Housing Finance Agency Law, an
     allocation for a mortgage revenue bond shall only be made by the
     department to the Pennsylvania Housing Finance Agency, which may
     reallocate a mortgage revenue bond under the Housing Finance
     Agency Law. The department may make an allocation for a
     qualified multifamily residential facility to the Pennsylvania
     Housing Finance Agency, the Pennsylvania Economic Development
     Financing Authority or a qualified local issuer. An allocation
     for a qualified multifamily residential facility made to the
     Pennsylvania Housing Finance Agency may be reallocated in whole
     or in part by the Pennsylvania Housing Finance Agency to a
     qualified local issuer.
        (d.1)  First-time farmers.--An allocation for first-time
     farmer projects shall be made by the department to the
     Department of Agriculture, which may reallocate to qualified
     local issuers. A qualified local issuer must apply directly to
     the Department of Agriculture, and the Department of Agriculture
     shall determine what portion of an allocation request a
     qualified local issuer shall receive. The Department of
     Agriculture has the authority to establish by regulation the
     criteria under which a qualified local issuer may receive
     allocation for a first-time farmer project. The criteria must be
     consistent with Federal law. By June 30 and December 31 of each
     year, the Department of Agriculture shall provide information to
     the department on allocations provided to qualified local
     issuers for first-time farmer projects, consistent with the
     information set forth in section 2706(a)(2).
        (e)  Carryforward of unused authority.--The department shall
     provide for the carryforward of any unused tax-exempt bond
     authority at the close of a year in a manner the department
     determines will best preserve the ability to use the allocation
     to carry out the purposes of this chapter. In providing for the
     carryforward, there shall be a presumption that ability to carry
     out the purposes of this chapter will be best maintained if
     carryforwards of unused tax-exempt bond authority are reserved
     for agencies.
        Section 4.  The act is amended by adding chapters to read:
                                CHAPTER 29
                     CUSTOMIZED JOB TRAINING PROGRAM
      Section 2901.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Applicant."  Any of the following:
            (1)  A local education agency.
            (2)  An industrial resource center.
            (3)  An economic development organization.
            (4)  A greenhouse.
            (5)  A private company.
            (6)  A local work force investment board.
        "Capital investment."  An expenditure for land, buildings,
     renovations, machinery and equipment which is directly related
     to the need for the proposed training.
        "Economic development organization."  An entity certified by
     the department. The term includes "area loan organizations" and
     "industrial development corporations" as defined in section
     2301.
        "Educational institution."  Any of the following:
            (1)  Area vocational-technical schools.
            (2)  Community and junior colleges.
            (3)  Intermediate units.
            (4)  Licensed private/proprietary business and trade
        schools.
            (5)  Public school districts.
            (6)  State or private colleges or universities.
        "Greenhouse."  A nonprofit organization recognized under
     section 501(c)(3) of the Internal Revenue Code of 1986 (Public
     Law 99-514, 26 U.S.C. § 501(c)(3)) which is formed for the
     express purpose of creating university/business partnerships to
     advance science and technology and to support economic and work
     force development.
        "Industrial resource center."  An industrial resource center
     as defined in the act of June 22, 2001 (P.L.400, No.31), known
     as the Industrial Resources Center Partnership Act.
        "Labor organization."  An organization, agency or employee
     representation committee or plan in which employees participate
     and which exists for the purpose, in whole or in part, of
     dealing with disputes between an employer and its employees
     involving grievances, labor disputes, wages, rates of pay, hours
     of employment or conditions of work. The term does not include
     an organization, agency, committee or plan which practices
     discrimination in membership because of race, color, creed,
     national origin, sex or political affiliation.
        "Local education agency."  An educational institution located
     in the Commonwealth and certified by the Department of
     Education.
        "Local work force investment board."  An entity recommended
     for certification by the Pennsylvania Workforce Investment Board
     and certified by the Governor in accordance with the act of
     December 18, 2001 (P.L.949, No.114), known as the Workforce
     Development Act.
        "Private company."  A business, professional service company
     or other enterprise. The term may include a group of two or more
     private companies operating as a consortium in order to take
     advantage of a common training program. The term shall not
     include point-of-sale retail businesses.
        "Program."  The Customized Job Training Program established
     under this chapter.
        "Trainee."  An individual who is an employee or prospective
     employee and is enrolled in an eligible training program which
     is designed to enable the individual to obtain or retain
     employment.
        "Training program."  A systematic program which is designed
     to provide a trainee with the skills and knowledge necessary to
     meet a private company's or labor organization's specifications
     for an occupation or trade, the successful completion of which
     results in one of the following:
            (1)  The trainee being employed or continuing to be
        employed full time by that private company.
            (2)  A trainee receiving instruction or training related
        to an occupation with a shortage of skilled workers or a
        targeted industry cluster as referred in section 2905(3)(i).
     The program may involve instruction within a local education
     agency, within a private company or on-the-job training, within
     a training program of a labor organization, through technology-
     based instruction or any combination thereof.
      Section 2902.  Program.
        (a)  Program continuation.--The customized job training
     program within the department is continued and reestablished.
     Funds appropriated to the department for the program shall be
     used to provide grants for training programs.
        (b)  Department responsibilities.--The department shall do
     all of the following:
            (1)  Administer the program.
            (2)  Review, approve and award grants to applicants in
        accordance with sections 2904 and 2905.
            (3)  Enter into one or more partnerships with one or more
        local education agencies or other training providers in
        accordance with section 2907.
            (4)  Establish, at the beginning of each fiscal year, a
        reserve not to exceed 25% of the funds appropriated to the
        department for the program for the use of small business
        applicants. Any uncommitted funds in the reserve after March
        1 of any fiscal year may be made available to any applicant.
            (5)  Establish a private matching fund requirement for
        applicants. The department shall establish the private
        matching fund requirement for applicants which are private
        companies or labor organizations at not less than 25% of the
        total eligible training project cost. The department may
        establish different matching fund requirements for a small
        business enterprise as defined in section 1301 and a labor
        organization.
      Section 2903.  Applications.
        (a)  Provisions of application.--An applicant may submit an
     application to the department for a grant to fund a training
     program in accordance with the following:
            (1)  If an application is submitted by an industrial
        resource center or economic development organization, the
        industrial resource center or economic development
        organization may apply for a grant on behalf of a private
        company, greenhouse or labor organization. An economic
        development organization may not serve as the direct training
        provider of the trainees.
            (2)  If an application is submitted by a local work force
        investment board, the local work force investment board may
        apply for a grant only on behalf of projects which promote
        local education agency and private company partnerships or
        private company and private company partnerships.
            (3)  If an application to train entry-level employees is
        submitted by or on behalf of a private company, the applicant
        shall demonstrate that the private company has contacted the
        local work force investment board and the local county board
        of assistance to solicit referrals of candidates for the
        training program.
            (4)  If an application is submitted by any other person,
        the application shall satisfy any requirements established by
        the department.
        (b)  Requirements of application.--An application shall:
            (1)  Demonstrate that the applicant considered other
        available resources, including private sector funds, other
        State or local agency training programs or funds made
        available under the Workforce Investment Act of 1998 (Public
        Law 105-200, 112 Stat. 936) or such other Federal programs
        which provide funds for employment training.
            (2)  Contain a description of the proposed training or
        instructional program to be carried out.
            (3)  Disclose if an applicant intends to contract with
        other organizations or individuals for the provision of all
        or a portion of the services to be provided and, if
        disclosed, contain a request to allocate a portion of the
        grant from the applicant to the subcontractor.
            (4)  Include a written commitment from the applicant to
        invest private matching funds in the training project.
      Section 2904.  Review of applications.
        The department shall review an application and may request
     from the applicant and its training provider such additional
     information and records as it deems necessary to carry out its
     responsibilities under this chapter.
      Section 2905.  Approval of applications and award of grants.
        The department may approve and award grants to applicants in
     accordance with all of the following:
            (1)  The department must find that the applicant has
        satisfied the applicable matching fund requirement and that
        the grant will be used by the applicant to provide training
        or instruction only to Commonwealth residents.
            (2)  The department must find that the grant will result
        in any of the following objectives:
                (i)  The location or expansion of a private company
            or greenhouse within this Commonwealth with the creation
            of jobs paying competitive wages and the private company
            or greenhouse making capital expenditures.
                (ii)  The expansion or upgrade of existing jobs which
            result in increased wages for the jobs.
                (iii)  The retention of jobs in this Commonwealth
            which would otherwise be lost.
                (iv)  The promotion of local education agency and
            private company partnerships and private company and
            private company partnerships if a direct connection
            between the development of skills and subsequent
            employment by one or more private companies can be
            demonstrated.
                (v)  The promotion of efforts by a labor organization
            to upgrade the skills of its members.
            (3)  The department shall give priority to those
        applications which have any of the following characteristics:
                (i)  The application would establish a training
            program determined by the department to be in a growth
            industry vital to this Commonwealth's competitiveness.
            These industries include: agribusiness, advanced
            manufacturing, advanced materials, life sciences,
            biotechnology and health care, environmental technology
            and information technology.
                (ii)  The application is submitted on behalf of a
            private company or labor organization which is located:
                    (A)  in a municipality in which the average
                unemployment rate in the most recently completed
                calendar year is above the Statewide average
                unemployment rate for the same period;
                    (B)  in a State-designated enterprise zone; or
                    (C)  in a municipality or region which has
                suffered a significant loss of jobs due to one or
                more major plant closings, layoffs or natural or man-
                made disaster.
                (iii)  The application is submitted by or on behalf
            of a private company which plans to create 50 or more
            jobs and which is making a capital investment of at least
            $1,000,000.
            (4)  The department may determine that the grant will be
        used by the applicant to reimburse the cost of training.
        Costs may include instructional costs, costs of instructional
        or training material or software, costs associated with
        tuition reimbursement and reasonable administrative costs as
        determined by the department.
      Section 2906.  Limitations.
        (a)  Department.--The department may not do any of the
     following:
            (1)  Award grants under this chapter which in the
        aggregate exceed the amount of the annual appropriations to
        the department for the program.
            (2)  Award more than 10% of the funds appropriated to the
        program in any one fiscal year to any one private company,
        greenhouse or labor organization, including any affiliates
        thereof.
            (3)  Award a grant to or on behalf of any private company
        or labor organization, including any affiliates thereof, for
        more than two successive fiscal years and for no more than
        three out of every five fiscal years.
        (b)  Recipients.--A recipient of a grant may not do any of
     the following:
            (1)  Use a grant to do any of the following:
                (i)  Pay wages of trainees during training.
                (ii)  Pay any costs associated with building
            construction or renovation or the acquisition, upgrade or
            installation of equipment or machinery, including
            computer equipment.
            (2)  Use a grant to reduce the work force or displace
        workers of a private company prior to the commencement of a
        training program except because the introduction of new
        manufacturing techniques, technology and modernization may
        lead to short-term reductions in a private company's work
        force. The secretary may waive this grant limitation if the
        long-term economic benefits to be gained by the private
        company significantly exceed the short-term detriment to its
        work force.
            (3)  Use a grant to violate any conditions of an existing
        collective bargaining agreement.
            (4)  Use a grant for point-of-sale retail job training.
      Section 2907.  Partnerships.
        If the department determines that a training program is more
     effectively delivered through a partnership, the department may
     enter into partnership agreements with one or more local
     education agencies or other training providers to provide the
     training program. The training programs shall consist of basic
     and entry-level skills, technology skill training, training
     related to job retention or other specified training assistance.
     Under a partnership arrangement, the department may limit the
     number and category of applicants which may submit applications
     for assistance and may establish minimal standards and
     requirements for project eligibility. These requirements may be
     separate and distinct from the requirements established under
     this chapter except that the provision of section 2906 shall
     apply to all training programs funded under this chapter.
      Section 2908.  Compliance with statutes and collective
                    bargaining agreements.
        The department shall require each person receiving a grant
     under this chapter to comply with applicable Federal and State
     statutes governing employment discrimination, minority
     recruitment, minimum or prevailing wages, worksite safety and
     procurement practices. The department shall require each private
     company receiving a grant under this chapter to certify that its
     training program does not abridge any contractual agreement
     between the private company and the collective bargaining
     representative of its employees.
      Section 2909.  Penalties and investigations.
        (a)  Private company.--Unless the department determines that
     a private company's failure is due to circumstances outside the
     control of the private company, the private company shall be
     liable to repay all or part of the amount of a grant awarded
     under this chapter if the private company does any of the
     following:
            (1)  Fails to create the number of jobs specified in its
        agreement with or commitment to the department.
            (2)  Fails to make the amount of capital investment
        specified in the application to the department.
            (3)  Fails to substantially carry out the training
        program approved by the department.
        (b)  Applicants.--An applicant or subcontractor that fails to
     provide for or to perform a training program approved by the
     department may be required to repay to the department any funds
     it received under a grant awarded by the department.
        (c)  Investigation.--Upon receiving any complaint from a
     private company, greenhouse, labor organization or trainee as to
     the inadequacy of training received, the department may initiate
     an investigation and take appropriate action, including the
     recovery of grant funds expended.
                                CHAPTER 30
                    MACHINERY AND EQUIPMENT LOAN FUND
      Section 3001.  Scope.
        This chapter deals with the Machinery and Equipment Loan
     Fund.
      Section 3002.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Business enterprise."  A for-profit corporation, partnership
     or proprietorship.
        "Farm commodity."  Any Pennsylvania-grown agricultural,
     horticultural, aquacultural, vegetable, fruit and floricultural
     product of the soil, livestock and meats, wools, hides, furs,
     poultry, eggs, dairy products, nuts, mushrooms, honey products
     and forest products.
        "Fund."  The Machinery and Equipment Loan Fund created and
     established by this chapter.
        "Normal agricultural operation."  The term shall have the
     same meaning as given to it in section 2 of the act of June 10,
     1982 (P.L.454, No.133), entitled "An act protecting agricultural
     operations from nuisance suits and ordinances under certain
     circumstances."
        "Production agriculture."  The management and use of a normal
     agricultural operation for the production of a farm commodity.
      Section 3003.  Machinery and Equipment Loan Fund.
        (a)  Creation.--There is hereby created a special account in
     the Treasury Department, to be known as the Machinery and
     Equipment Loan Fund, to which shall be credited all program
     appropriations made by the General Assembly, all proceeds from
     loan repayments and any and all other deposits, payments or
     contributions from any other source made available to the fund.
     The fund shall operate as a revolving fund whereby all
     appropriations, payments and interest made thereto may be
     applied and reapplied to the purposes of this chapter.
        (b)  Credits to fund.--All appropriations, deposits and
     contributions made to the fund shall be immediately credited in
     full to the fund, and earnings on the moneys held in the fund
     shall also be credited to the fund for the purposes of this
     chapter.
      Section 3004.  Eligibility for loans; terms and conditions.
        (a)  Loans; general rules.--The secretary shall make advances
     from the fund, subject to the terms, conditions and restrictions
     provided under this chapter, for the purpose of making loans to
     business enterprises involved in industrial processes, mining,
     manufacturing, production agriculture or other industrial
     sectors, as defined by the department, to acquire and install
     new machinery and equipment or upgrade existing machinery and
     equipment. All loans shall be subject to the following
     conditions:
            (1)  Be for eligible firms under the provisions of this
        chapter.
            (2)  Have a maximum loan ceiling of $500,000 or 50% of
        the cost of the project, whichever is less.
            (3)  Be limited to the purchase and installation of new
        equipment and machinery or the upgrade of existing machinery
        and equipment.
            (4)  Except for loans made to business enterprises
        involved in production agriculture, be limited to projects
        that demonstrate the creation or retention of one job for
        every $25,000 received from the fund.
            (5)  Have an interest rate which shall be established by
        the secretary based upon the current and longer term
        unemployment levels of the region of this Commonwealth within
        which the project is located.
            (6)  Have a term of not in excess of ten years or the
        useful life of the machinery or equipment purchased or
        upgraded, whichever is less.
        (b)  Restrictions.--No loans shall be made that do any of the
     following:
            (1)  Cause, aid or assist in, directly or indirectly, the
        relocation of any business operation from one part of this
        Commonwealth to another unless there is at least a 25%
        increase in net employment.
            (2)  Supplant funding that is otherwise available
        expeditiously from private sector sources on commercially
        reasonable terms.
            (3)  Be for the purpose of refinancing any portion of the
        total project cost or other existing loans or debt.
            (4)  Be for the purpose of financing projects located
        outside the geographic boundaries of this Commonwealth.
            (5)  Be for the purpose of paying off a creditor that is
        inadequately secured and is in a position to sustain a loss.
            (6)  Be for the purpose of repaying a debt owed to a
        small business investment company.
            (7)  Provide funds for speculation in any kind of
        property, real or personal, tangible or intangible.
        (c)  Security.--All loans shall be secured by liens on the
     equipment purchased and other sufficient collateral as
     determined by the secretary.
      Section 3005.  Application and administration.
        (a)  Procedures.--Application and administration procedures
     for fund loans shall be established by the secretary.
        (b)  Receipt.--The secretary shall receive applications from
     eligible firms for machinery and equipment loans. Applications
     shall be made to the secretary in the form and manner as the
     department may require.
        (c)  Investigation.--Upon receipt of the application, the
     secretary shall investigate and review the application and
     either approve or disapprove the loan application by proper
     action of the department. The decision of the secretary shall be
     based, in whole or in part, upon the following criteria:
            (1)  Ability of the applicant to meet and satisfy all
        debt service as it becomes due and payable.
            (2)  Sufficiency of available collateral, including
        satisfactory lien positions on real and personal property.
            (3)  Eligibility of the applicant as a business
        enterprise involved in industrial processes, manufacturing,
        mining, production agriculture or other industrial sectors as
        defined by the secretary.
            (4)  Sufficient evidence that funds shall be used only to
        acquire and install new equipment and machinery or upgrade
        existing equipment and machinery.
            (5)  Capital need of the applicant.
            (6)  Conformity of the project to the provisions of this
        chapter.
            (7)  Relevant criminal and credit history and ratings of
        applicant as determined from outside credit reporting
        services and other sources.
            (8)  Number of net employment opportunities created and
        retained by the proposed project.
            (9)  Supporting evidence that loan project will increase
        the firm's competitiveness and value added within its
        respective industry.
            (10)  Explanation of how loan will aid the Commonwealth
        in its efforts to assist business enterprises to increase
        their productivity and improve the future competitive
        position of this Commonwealth's industries.
            (11)  Compliance with the loan amount limitations
        provided for machinery and equipment loans.
            (12)  Payment to date of all tax obligations due and
        owing to the Commonwealth or any political subdivision
        thereof.
            (13)  Conformity of all aspects of the loan transaction
        with the substantive and procedural provisions of this
        chapter and regulations promulgated hereunder.
            (14)  Such information and documentation as the secretary
        shall require.
        (d)  Notification.--The secretary shall notify the applicant
     of final approval or disapproval of the loan application within
     a reasonable period of time following the receipt of the
     application. In the case of approval of a loan application, the
     secretary shall arrange to draw the loan amount from the fund
     and advance the sum to the recipient. The advance shall be made
     available in the form of a loan transaction, which loan shall be
     evidenced by a note executed by the recipient and secured in a
     manner as the secretary shall require in conformity in all
     respects to the loan as approved by the secretary.
        (e)  Policy requirements and report.--All loans shall be
     administered and monitored by the department in accordance with
     the policies and procedures prescribed by the secretary. On or
     before June 30 each year, the secretary shall prepare a report
     that includes the following:
            (1)  Each outstanding loan.
            (2)  The date of approval.
            (3)  The original principal balance.
            (4)  The current principal balance.
            (5)  The interest rate.
            (6)  The purpose for which the loan was made.
            (7)  An enumeration of any problems or issues which have
        arisen with regard to each loan.
            (8)  A statement regarding the progress of the business
        in creating and retaining its requisite number of employment
        opportunities.
            (9)  Such other information and documentation as the
        secretary shall require.
        (f)  Penalty for noncompliance.--In the event that a loan
     recipient shall not comply with its approved application by
     failing to create or preserve the number of employment
     opportunities specified in its approved application, the
     secretary shall impose a penalty equal to an increase in the
     interest rate to 2% greater than the current prime interest rate
     for the remainder of the loan unless the penalty is waived by
     the secretary because the failure is due to circumstances
     outside the control of the loan recipient. The penalty shall be
     payable in installments that the secretary deems appropriate.
      Section 3006.  Powers of secretary.
        The secretary shall have and may exercise all powers and
     authority necessary to the proper administration and
     implementation of this chapter and shall have the authority to
     adopt policies, procedures and guidelines and promulgate rules
     and regulations necessary to effectuate the provisions of this
     chapter.
      Section 3007.  Reporting and inspection.
        (a)  Inspection.--Each business enterprise which applies for
     or receives assistance under this chapter, upon reasonable
     request of the department, shall permit duly authorized
     employees of the department to inspect the plant, books and
     records of the business enterprise.
        (b)  Updating.--Each business enterprise shall update the
     information given to the department in its application if
     conditions change or to the extent that the information given
     originally becomes inaccurate or misleading.
        (c)  Periodic reports.--Each recipient of assistance under
     this chapter shall provide the department with periodic
     financial reports as the secretary may require until such time
     as the loan is paid off.
      Section 3008.  Nondiscrimination.
        No loan shall be made to a business enterprise unless the
     business enterprise certifies to the department, in a form
     satisfactory to the department, that it shall not discriminate
     against any employee or any applicant for employment because of
     race, religion, color, national origin, sex or age. The business
     enterprise shall also certify to the department that it is not
     currently under citation for pollution violations and that in
     the future it will meet all applicable antipollution standards.
      Section 3009.  Conflict of interest.
        No employee of the department shall, either directly or
     indirectly, be a party to or have any financial interest in any
     contract or agreement arising pursuant to this chapter.
      Section 3010.  Reports to the General Assembly.
        (a)  Annual reports.--On or before June 30 of each year, the
     secretary shall provide a report to the Chief Clerk of the House
     of Representatives and to the Secretary of the Senate. The
     report shall describe all relevant activities of the department
     pursuant to this chapter and shall include the following:
            (1)  List of business enterprises receiving loans from
        the fund and the amounts and terms of this assistance.
            (2)  Loan amounts repaid.
            (3)  Loans outstanding and balances due, including
        delinquent payments.
            (4)  Jobs created by businesses receiving funds in all
        previous years.
            (5)  Other relevant information as determined by the
        Secretary of Commerce.
        (b)  Availability of departmental reports.--Reports received
     by the department under section 3005(e) shall be made available
     upon request to members of the General Assembly.
        Section 5.  Section 5105 of the act is amended to read:
      Section 5105.  Power and authority of the Pennsylvania Economic
                    Development Financing Authority.
        In addition to the powers set forth in section 6.3 of the act
     of August 23, 1967 (P.L.251, No.102), known as the Economic
     Development Financing Law, the Pennsylvania Economic Development
     Financing Authority established under that act shall have the
     power and is hereby authorized to issue its limited obligation
     revenue bonds and other types of financing, as in the judgment
     of the financing authority shall be necessary, to provide
     sufficient funds for any activity the department or the
     Pennsylvania Industrial Development Authority is permitted to
     take with respect to the loan portfolios subject to their
     respective administrative authority [as set forth in section
     1302]. Bonds authorized to be issued under this section shall
     not be a debt or liability of the Commonwealth and shall not
     create or constitute any indebtedness, liability or obligation
     of the Commonwealth except to the extent the bonds are secured
     by the pledge of loan portfolios. Bonds authorized to be issued
     under this section shall be payable solely from the revenues or
     funds pledged or available for their repayment.
        Section 6.  The following acts and parts of acts are
     repealed:
        Act of December 20, 1985 (P.L.492, No.116), known as the
     Customized Job Training Act.
        Act of October 21, 1988 (P.L.1050, No.120), known as the
     Machinery and Equipment Loan Fund Act.
        Section 12(b) of the act of November 26, 1997 (P.L.504,
     No.54), known as the Self-Employment Assistance Program Act.
        Section 7.  The addition of Chapter 29 of the act shall be
     deemed a continuation of the program authorized by the former
     act of December 20, 1985 (P.L.492, No.116), known as the
     Customized Job Training Act, and the addition of Chapter 30 of
     the act shall be deemed a continuation of the act of October 21,
     1988 (P.L.1050, No.120), known as the Machinery and Equipment
     Loan Fund Act. Except where in conflict with the provisions of
     this act, the regulations promulgated under the former acts
     shall remain in force and effect until they are amended or
     repealed in accordance with law.
        Section 8.  This act shall take effect immediately.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER

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