12 PA Cons Stat § 2302 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 12 - COMMERCE AND TRADE|Chapter 23 - Small Business First|Section 2302 - Definitions

§ 2302. 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:  "Agent." The term includes the Department of Community and Economic Development.  "Agricultural processor." A person that adds value by subjecting one or more farm commodities to a process of manufacture, development or preparation for sale or a person that converts a farm product into a marketable form.  "Agricultural producer." A person involved in the management and use of a normal agricultural operation for the production of a farm commodity.  "Apparel products." Products manufactured, woven, cut, sewn or otherwise similarly processed by mechanical or human effort from fabrics, leather or cloth and made for use as clothing, shoes or other attire.  "Applicant." A person that applies for a loan in accordance with this chapter.  "Area loan organization." (Deleted by amendment).  "Authority." The Pennsylvania Industrial Development Authority organized and existing under the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act.  "Board." The board of directors of the authority.  "Capital development project." Land, buildings, equipment and machinery and working capital which is acquired, constructed, renovated or used by a small business in accordance with any of the following:  (1) As part of a for-profit project or venture not of a mercantile or service-related nature, except for hospitality industry projects.  (2) As part of an effort to: (i) bring a small business into compliance with Federal or State environmental laws or regulations;  (ii) complete an approved remediation project; or (iii) permit a small business to adopt generally acceptable pollution prevention practices. (3) As part of an effort to provide assistance to a small business that is a recycler of municipal or commercial waste or that is a manufacturer using recycled municipal or commercial waste materials.  (4) As part of an effort to assist a small business with defense conversion activities. (5) As part of a for-profit project or venture to manufacture products to be exported out of the United States by a small business which is 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 and 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 2308 (relating to loans in distressed communities)  (7) As part of an effort 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.  "Certified economic development organization." An entity certified by the authority under 64 Pa.C.S. § 1123 (relating to certification of economic development organizations).  "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.  "Community development institution." (Deleted by amendment).  "Distressed community." A community which has any of the following:  (1) A census tract or other specifically defined geographic area in which there is any of the following:  (i) A median income below 80% of the median income for the United States or this Commonwealth. (ii) Twenty percent or more of the population is below the poverty level by family size published by the Bureau of the Census.  (iii) An unemployment rate 50% higher than the national average. (2) An area which is designated a subzone, expansion subzone or improvement subzone under the act of October 6, 1998 (P.L.705, No.92), known as the Keystone Opportunity Zone and Keystone Opportunity Expansion Zone Act.  (3) Any other geographic area designated by the authority as distressed. The designation shall be published in the Pennsylvania Bulletin.  "EDA loan." A loan made under this chapter utilizing funds made available to the department or the authority under the Public Works and Economic Development Act of 1965 (Public Law 89-136, 42 U.S.C. § 3121 et seq.).  "Ex-Im Bank." The Export-Import Bank of the United States.  "Export activity." An activity undertaken by a person within this Commonwealth related to exports.  "Export business." A person that is engaged in a for-profit enterprise involving export activities and that employs 250 or fewer individuals.  "Exports." Goods or services to be sold or performed outside the United States.  "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 Small Business First Fund continued under section 2304 (relating to fund and accounts).  "Hazardous substance." Any element, compound or material which is any of the following:  (1) Regulated as a hazardous air pollutant under section 6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act.  (2) Defined as a hazardous waste under section 103 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.  (3) Regulated under the act of December 7, 1990 (P.L.639, No.165), known as the Hazardous Material Emergency Planning and Response Act.  "Hospitality industry project." A for-profit project or venture which involves a small business that operates a hotel, motel or other lodging facility and that employs at least five full-time equivalent employees at the time an application is submitted to the authority for financing. The term includes a for-profit project or venture which involves a small business that operates a restaurant or food service operation open to the public, that has been in continuous operation for at least five years and that employs at least five full-time equivalent employees at the time an application is submitted.  "Insurance policy." An export credit insurance policy for small businesses offered by the Export-Import Bank of the United States.  "Natural disaster." As defined in 35 Pa.C.S. § 7102 (relating to definitions).  "Normal agricultural operation." As defined 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."  "Pollution prevention." The reduction or elimination of pollution at its source. The term does not include any of the following:  (1) A substitution of one hazardous or toxic substance for another which will cause an increased risk to the environment or to human health.  (2) A cross-media transfer. (3) A delisting of a hazardous waste or toxic chemical. "Pollution prevention assistance agency." (Deleted by amendment).  "Pollution prevention infrastructure." A capital development project which permits a small business to adopt or install pollution prevention equipment or processes to:  (1) Reduce or reuse raw materials onsite. (2) Reduce the production of waste. (3) Reduce energy consumption. "Program." The Small Business First Program established under section 2303 (relating to establishment).  "Reuse." Use of a product or component in its original form more than once.  "Small business." A person that is engaged in a for-profit enterprise and that employs 100 or fewer individuals. The term includes the following:  (1) An enterprise located in a small business incubator facility. (2) An agricultural processor. (3) An agricultural producer. (4) An enterprise which manufactures apparel products. (5) An enterprise which is a for-profit or not-for-profit child day-care center subject to licensure by the Commonwealth.  "Working capital." Capital used by a small business for operations, excluding fixed assets and production machinery and equipment.  (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014; June 22, 2017, P.L.202, No.7, eff. imd.)    2017 Amendment. Act 7 added the def. of "agent." 2014 Amendment. Act 161 amended the defs. of "distressed community," "EDA loan" and "hospitality industry project," added the defs. of "authority," "board" and "certified economic development organization" and deleted the defs. of "area loan organization," "community development institution" and "pollution prevention assistance agency." References in Text. The name of the Keystone Opportunity Zone and Keystone Opportunity Expansion Zone Act was changed to the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.