reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.209 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
					 who is denied a mortgage assistance loan or an applicant or lender aggrieved by
					 another decision of the Agency in implementing the Homeowners' Emergency
					 Mortgage Assistance Program may request the Agency to conduct an administrative
					 hearing on that grievance.
(b) A
					 hearing may only be requested from a decision of the Agency on an issue of fact
					 determined on that application that constitutes an adjudication under
					 2
					 Pa.C.S. §
												101 (relating to
					 definitions).
(c) The Executive
					 Director of the Agency may designate Agency hearing examiners to hear
					 grievances under this process.
(d)
					 Requests for a hearing shall be made in writing and shall be submitted to the
					 Agency within 15 days of the postmark date of the mailing of the decision or
					 determination of the Agency. Requests for hearings shall state the reasons that
					 a hearing is requested and be sent by first class, registered or certified mail
					 to the following address: Chief Counsel-Appeal Requests Pennsylvania Housing
					 Finance Agency 211 North Front Street P. O. Box 15628 Harrisburg, Pennsylvania
					 17105.
(e) The hearing examiner
					 will notify the appellant as to the date and time of the hearing, as determined
					 by the Agency. The Agency will attempt to schedule hearings within 30 days
					 after the request is received. The hearing may be conducted by a telephone
					 conference call. The hearing examiner shall also provide notice to the
					 mortgagees that an administrative appeal has been filed.
(f) This appeals process and administrative
					 hearings held thereunder will be administered under the requirements of
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to the
					 Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
					 Administrative Practice and Procedure).
This section cited in 12 Pa. Code §
													31.203 (relating to notice;
						  application procedures).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.210 - Periods of high unemployment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Months of assistance available.
The 24 month limit on mortgage
					 assistance available under §
											31.203(d), and
					 the 24 month periods referred to in §§
											31.202(d)(1),
					 31.203(a)(3)(ii),
					 31.204(c)(2) and
					 31.206(a) and
					 (d)(2) shall increase to 36 months if during
					 the month the homeowner submits an application for assistance the Agency has
					 determined that a period of high unemployment exists.
(b)
Housing expense formula.
The 40% ratio referred to in §§
											31.204(c) and (e)
					 and 31.205(c)(3)
					 (relating to agency review; and financial hardship due to circumstances beyond
					 the homeowner's control) shall be reduced to 35% if during the month the
					 homeowner submits an application for assistance the Agency has determined that
					 a period of high unemployment exists.
(c)
Definition; declaration.
There shall be a "period of high unemployment" if the average rate of
					 unemployment in this Commonwealth equals or exceeds 6.5%. This determination
					 will be made by the Agency on a monthly basis based upon seasonably adjusted
					 unemployment figures for the most recent 3 months for which the data for this
					 Commonwealth is published. If the Agency determines that a period of high
					 unemployment exists, the Agency will immediately publish a notice to that
					 effect in the
Pennsylvania Bulletin
consistent with this
					 section.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.211 - Act 91 Notices; information to be supplied to the Agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notification.
The
					 mortgagee or other person sending the Act 91 Notice shall either send a copy of
					 the notice or information concerning notices sent to the Agency in either of
					 the following manners:
(1)
Electronic
					 reporting.
Instead of sending an actual copy of each notice as set
					 forth in paragraph (2), the Agency recommends that the mortgagee or other
					 person sending the Act 91 Notice provide the Agency with a report of notices
					 sent as an e-mail attachment to Act91@phfa.org including the following
					 information and in the following format:
(i)
					 The date of the Act 91 Notice.
(ii)
					 The name of lender/servicer on whose behalf it was sent.
(iii) The street address of the property
					 being foreclosed upon, divided by Address Line 1 and Address Line 2. When there
					 is not an Address Line 2, the field may be left blank.
(iv) The city, state and zip code, including
					 the four-digit zip code extension (if available), of the address being
					 foreclosed upon. If the four-digit zip code extension is not available, this
					 field may be left blank.
Date of Act 91 Notice
Address 1
Address 2
City
State
5-digit zip
4-digit extension
Current Lender
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.301 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Alternative Energy Investment
						Act, Act 1, Special Session No. 1 (2007-2008).
Agency
-The Pennsylvania Housing Finance
						Agency.
Approved contractor
-A contractor
						approved by the Agency to participate in the R & R Energy Program.
Borrower
-A homeowner or homebuyer who
						obtains or is seeking to obtain financing under the R & R Energy
						Program.
Contractor
-A person who owns or operates
						an energy efficiency service-related or home improvement contracting business
						or who undertakes, offers to undertake or agrees to perform any work under the
						R & R Energy Program.
LPA-Local program administrator
-
(i) A local housing organization,
					 municipality or lender who originates loans on behalf of the Agency under this
					 Program and also acts as the construction manager.
(ii) The term includes but is not limited to,
					 the following:
(A) County housing authorities
					 (HA).
(B) Housing and redevelopment
					 authorities (HRA and RDA).
(C)
					 Community action agencies (CAA).
(D) Community development corporations
					 (CDC).
(E) Housing development
					 corporations (HDC).
(F)
					 Municipalities.
(G)
					 Lenders.
(H) Other nonprofit
					 organizations with related housing experience.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.302 - Eligible loan uses

Current through Register Vol. 54, No. 28, July 13, 2024
The proceeds of the R&R Energy loan are to be used
						only to finance the purchase and installation of any of the following:
(1) Air sealing, insulation and duct
					 work.
(2) Energy efficient windows
					 and doors.
(3) Repair or
					 replacement of energy efficient heating or cooling systems such as the purchase
					 of furnaces, boilers, ceiling fans, central air conditioners or hot water
					 heaters with the Energy Star® label, programmable thermostats, geothermal
					 heating systems, and the like.
(4)
					 Roofing repair, replacement or improvements.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.303 - Loan terms and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Loans
					 must be fully amortized over a period of up to 10 years.
(b) The maximum loan amount is $10,000. The
					 minimum loan amount is $1,000.
(c)
					 The interest rate is set by the Agency and will be updated and published on the
					 Agency's web site (
www.phfa.org
).
(d) The mortgage for the R&R Energy loan
					 is recorded as a lien against the property.
(e) All property owners shall sign the
					 mortgage.
(f) Each note shall be
					 executed by the homeowners responsible for the debt.
(g) In accordance with the provisions of the
					 note, loans must be paid in full upon the sale or transfer of any borrower's
					 interest in the property, but not earlier than 6 months from loan
					 closing.
(h) Loans may not be
					 assumed by third parties.
(i) There
					 are no penalties in the event of an early payoff.
(j) Borrowers will be charged a satisfaction
					 recording fee, when they pay off their R & R Energy loan.
(k) The mortgage and note shall be executed
					 on the forms provided or approved by the Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.304 - Borrower eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 borrower must reside in the subject home as a primary, principal residence or
					 have the intent to if purchasing the subject property.
(b) The total combined household adjusted
					 gross income, as determined by the most current Federal tax returns of all
					 adult household members, may not exceed 150% of the greater of the current
					 Statewide or area median income as established by the United States Department
					 of Housing and Urban Development (HUD) for the county in which the home is
					 located. (Information regarding HUD income limits applicable to the R&R
					 Energy Program is available at the Agency's web site at
www.phfa.org
.) An adult is defined as any
					 person 18 years of age or older who resides in the home as a principal
					 residence and who is not a fulltime (12 credits or more) undergraduate
					 student.
(c) Borrowers shall also
					 meet general mortgage underwriting guidelines as established by the Agency with
					 regard to their credit and employment history, debt to income ratio, assets,
					 and the like.
(d) Borrowers may
					 need to pay for or finance certain costs and fees in connection with obtaining
					 an R & R Energy Loan. These will be disclosed in accordance with State and
					 Federal requirements.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.305 - Borrower application process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 An individual may submit an application to the Agency or to an LPA acting on
					 the Agency's behalf on the form required by the Agency which includes:
(1) The borrower's name and address
(2) The identity of the approved contractor
					 who will complete the energy efficiency project.
(3) A description of the energy efficiency
					 project and estimate of cost.
(4)
					 The amount of the loan sought.
(5)
					 A statement authorizing the Agency to conduct a credit history check.
(6) Other information required by the
					 Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.306 - Contractor eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
A contractor who undertakes, offers to undertake or
						agrees to perform any work under the R & R Energy Program shall be approved
						by the Agency and listed on the R & R Energy Program Approved Contractor
						List posted on the Agency's web site. Contractors may apply for approval
						through the Agency directly or through an approved LPA, who will then forward
						the information to the Agency for inclusion in the Approved Contractor
						Listing.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.308 - Contractor approval

Current through Register Vol. 54, No. 28, July 13, 2024
Upon being satisfied that all requirements have been met,
						the Agency may approve the contractor's application. The Agency will not
						approve a contractor's application if any of the following conditions
						exist:
(1) The individuals applying,
					 even if doing so as part of a business entity, have been convicted of a
					 criminal offense related to a home improvement transaction, fraud, theft, a
					 crime of deception or a crime involving fraudulent business
					 practices.
(2) The contractor has
					 been suspended or debarred from participating in any Federal, State or local
					 program through which public funding or other assistance is provided to
					 consumers for home improvements.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Section 31.309 - Other program requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Additional processing and application requirements will
						be applicable to this Program and the Agency reserves the right to provide
						additional guidance to borrowers, contractors and Program LPAs on its web site
						from time to time. The Agency may also implement additional program criteria
						such as the allowance of pre- and postconstruction/installation energy audits
						to quantify energy savings as a result of the energy efficiency contracting
						work performed through the Program.
This section cited in 10 Pa. Code §
													59.15 (relating to additional
						  notices).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Appendix B - Consumer Credit Counseling Agency Notification of Face-to-Face Meeting

Current through Register Vol. 54, No. 28, July 13, 2024
Date: ___________________________________
___________________________________
___________________________________
___________________________________
Mortgagee Name & Address
In accordance with the Pennsylvania Housing Finance
						Agency's Homeowner's Emergency Mortgage Assistance Program (PHFA-HEMAP) (Act 91
						of 1983), this is to inform you that we have been approached for mortgage
						counseling assistance by:
___________________________________
___________________________________
___________________________________
(Name and Address of
						Applicant)
___________________________________
Mortgage Loan Number
This counseling agency has had a face-to-face meeting
						with the above-named applicant on _________ , who indicated that they are more
						than sixty (60) days delinquent on their mortgage payments and have received an
						Act 91 Notice of Intention to Foreclose dated _____________ from:
___________________________________
___________________________________
___________________________________
Name and Address of Mortgagee
In accordance with the Homeowner's Emergency Mortgage
						Assistance Program, this is to inform you that:
1. Within 30 days from the date of this notice, we intend
						to forward an application to the Pennsylvania Housing Finance Agency,
						Homeowner's Emergency Mortgage Assistance Program on behalf of the
						above-mentioned applicant(s).
2. By a copy of this Notice, we are notifying any other
						mortgagees, identified by the applicant(s) as also having a mortgage on the
						property identified above.
3. No legal action to enforce the mortgage
								  may occur if a timely application is filed. The homeowner(s) must have a
								  face-to-face meeting with a Consumer Credit Counseling Agency within 33 days
								  from the date of the Act 91 Notice and an application must be received by
								  PHFA-HEMAP within 30 days of the face-to-face meeting in order to be protected
								  by this forbearance period.
Name of Counseling Agency:
_________________________________
Address:
_______________________________________
_______________________________________
Telephone Number:
___________________________
This appendix cited in 12 Pa. Code §
													31.203 (relating to
						  procedures).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter C - POLICY STATEMENT ON HOME ENERGY EFFICIENCY LOAN PROGRAM (R & R ENERGY) › Appendix C

Current through Register Vol. 54, No. 28, July 13, 2024
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Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart E - Commercial Motion Picture Sales Tax Exemption Certificate › Chapter 33 - COMMERCIAL MOTION PICTURE SALES TAX EXEMPTION CERTIFICATE › Section 33.1 - Form required

Current through Register Vol. 54, No. 28, July 13, 2024
Producers of motion pictures, who are qualified to take
					 advantage of the Pennsylvania Sales and Use Tax exemption provided by section
					 204(54) of the Tax Reform Code of 1971 (72 P. S. §
											7204(54)), shall use a
					 Pennsylvania Exemption Certificate (FORM REV-1220).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter delineates the general requirements and
				  conditions for participation in the Small Business Incubator Program
				  established under the act. More specific information concerning the
				  requirements for application and participation is found in an applicant manual
				  that may be obtained from the Board by writing to: Ben Franklin/IRC
				  Partnership, Commonwealth Keystone Building, 400 North Street, 4th Floor,
				  Harrisburg, Pennsylvania 17120 (717) 787-4147.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.3 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application
. Participation in the program shall be initiated
				by local sponsors by application on forms prescribed by the Board. The Board is
				specifically authorized to develop forms, applicant manuals and other materials
				as may be reasonably necessary for administration of the program.
(b)
Information required
.
				Local sponsors wishing to establish a small business incubator shall supply the
				Board with the following information:
(1) A
				demonstration of need for the incubator through the preparation and submission
				of a feasibility report.
(2) An
				explanation of whether the incubator is designed for manufacturing, product
				development, research and development or mixed use.
(3) A description of the building to be used
				for the incubator and documentation, including zoning and ownership, pertaining
				thereto.
(4) A description of the
				management of the incubator and the marketing plan to be used to recruit
				businesses to the incubator.
(5)
				Financial statements of the local sponsor and, if the local sponsor is a
				private for-profit organization, of the principal owners or shareholders, as
				required by the Board.
(6) Letters
				of commitment to finance the incubator from other financing sources and
				identification of the use of the financing.
(7) Membership of the local advisory
				committee and the committee's policies, including entry and departure
				procedures for the incubator.
(8) A
				description of business development services that will be offered and
				identification of the provider of the services.
(9) Certification that the local sponsor,
				operator and tenants will not discriminate against an employe or applicant for
				employment on the basis of race, religion, color, national origin, sex or
				age.
(10) The identity of the
				anchor tenant, if any, and at least two firms that are prepared to move into
				the incubator once space is available.
(11) Other information or documentation
				required by the Board.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.4 - Application review and awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Review of application
. The Board will review applications
				based on the following criteria:
(1) The
				ability of the local sponsor to demonstrate its management
				capability.
(2) The economic impact
				of the incubator on the community as measured by the number of firms that could
				be housed in the proposed facility, the job creation potential of the firms,
				the actual need for the type of space and services offered by the incubator and
				other factors that are identified in a feasibility report.
(3) Linkage with area-wide and local economic
				development plans including the regional strategy of the ATC serving the
				geographic area in which the incubator is located.
(4) The location of the incubator, in order
				to encourage geographic distribution of incubators across this
				Commonwealth.
(5) The level,
				quality and long-term commitment of local support for the proposed
				incubator.
(6) The ability of the
				local sponsor to meet the financial commitments of operating an incubator,
				including repayment of a small business incubator loan and repayment of other
				financial obligations incurred in establishing the facility. In evaluating this
				criterion, the Board will consider:
(i) Equity
				of the local sponsor in relation to total project cost.
(ii) Income in relation to total project
				cost.
(iii) Extraordinary items of
				income and expenses reflected in income statement.
(iv) Cash flow in relation to project debt
				service.
(v) Current working
				capital.
(vi) Total debt to equity
				ratio.
(vii) Net income, contingent
				liabilities and the ability to finance the working capital.
(7) Availability of physical,
				financial and management support services.
(8) The extent to which the incubator serves
				an economically distressed area or an enterprise development area.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.5 - Responsibilities of local sponsor

Current through Register Vol. 54, No. 28, July 13, 2024
A local sponsor shall comply with the following:
(1) The local sponsor may operate the small
				business incubator or it may delegate this responsibility to an operator. Funds
				awarded to the local sponsor may be provided to the operator by the local
				sponsor but the local sponsor shall remain ultimately responsible for
				compliance with the terms and conditions of loan agreement, including loan
				repayment, and a grant agreement, and for all aspects of the operation of the
				small business incubator.
(2) The
				local sponsor shall either own or lease the building housing the incubator. If
				leased, the local sponsor shall obtain an option to purchase the building and
				shall exercise the option within 3 years of loan application.
(3) Management of the physical development of
				the incubator is the responsibility of the local sponsor. Physical development
				includes common conference rooms or meeting space, furniture and equipment and
				business services as specified in §
									41.6 (relating to business
				development services).
(4) The
				local sponsor shall develop a plan to market the incubator to eligible tenants
				and shall actively execute the plan. As part of the plan, the local sponsor
				shall address how tenant competition will affect existing private firms in the
				area.
(5) The local sponsor shall
				establish and maintain contact with the ATC that serves the area in which the
				incubator is located.
(6) The local
				sponsor is responsible for establishing a local advisory committee. Advisory
				committee members may not be affiliated financially with the local sponsor or a
				tenant of the incubator, and shall represent fields that can contribute to the
				operation of the facility, such as accounting, financial, legal, academic and
				small business. The number of members to serve on the committee is at the
				discretion of the local sponsor.
(7) The local sponsor, in conjunction with
				the local advisory committee shall:
(i)
				Develop policies for admission of a firm as an incubator tenant. The entry
				policies shall specify types of eligible firms, procedures for reviewing
				admission applications, criteria for evaluating applicants and permissible
				tenant activities. A substantial change in entry procedures shall be submitted
				to the Board for approval.
(ii)
				Establish policies governing the operation and administration of the
				incubator.
(iii) Develop policies
				for the departure of tenants from the incubator. Departure policies shall
				establish standards against which a tenant's growth will be measured to
				determine if a tenant can successfully operate outside of the incubator. A
				substantial change in departure procedures shall be submitted to the Board for
				approval.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.6 - Business development services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The local sponsor shall establish and maintain basic
				business development services for incubator tenants. The local sponsor shall
				initially attempt to obtain basic business development services through ATCs,
				the Small Business Development Centers and the Local Development
				Districts.
(b)
User
				fees
. Basic business development services for which a user fee may be
				charged include:
(1) Physical services:
(i) Security.
(ii) Janitorial/maintenance.
(iii) Furniture.
(iv) Conference room.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.7 - Tenant eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Except as provided in subsection (c), tenants of the
				incubator shall be recently established small firms engaged in manufacturing,
				product development, research and development, professional services or some
				combination of these activities.
(b)
Limitations
. Except as
				provided in subsection (c), retail enterprises, nonprofit enterprises-except
				for nonprofit research and development enterprises-wholesale enterprises and
				personal service enterprises are not eligible tenants.
(c)
Exceptions
. The
				following types of organizations or enterprises may be eligible tenants for an
				incubator under the conditions specified:
(1)
				Local sponsors or operators that are nonprofit organizations may occupy space
				in the incubator but only space as is necessary to manage the incubator and
				provide services to tenants.
(2)
				Nonprofit enterprises, such as Small Business Development Centers, whose
				primary mission is to provide business development services, may be located in
				the incubator if they provide a substantial portion of their services to
				incubator tenants.
(3) Established
				law and accounting firms that provide pro bono services to incubator tenants
				may be tenants of the incubator.
(4) Anchor tenants may be an enterprise other
				than a retail enterprise and may occupy up to a total of 20% of the useful
				square footage of an incubator.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.8 - Loan and grant conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General conditions
. The following conditions are applicable to
				awards of both loans and grants:
(1) The
				aggregate amount of funds awarded by the Board for a project may not exceed 50%
				of the total eligible project costs or $650,000-whichever is less.
(2) Funds awarded may be used only for the
				acquisition of existing buildings and land, the rehabilitation of buildings or
				other facilities and the purchase of equipment and furnishings necessary for
				the establishment of the incubator.
(3) Funds awarded may not be used for
				operating expenses, incubator feasibility studies or management fees for
				facility management.
(4) The local
				sponsor, at its expense, shall obtain the services of a professional engineer
				or architect licensed in this Commonwealth who will certify to the Board during
				building renovations that the expenses were incurred and were in accordance
				with plans approved by the Board.
(5) As a condition to receiving a loan or
				grant, the local sponsor shall agree to operate the incubator in accordance
				with the act and this chapter and the guidelines for the small business
				incubator program adopted by the Board.
(6) The Board may award the full amount of a
				loan or grant requested, but it reserves the right to award an amount less than
				the amount requested.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.9 - Monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
The performance of the local sponsor, and the incubator
				  operator when applicable, will be monitored by the ATC serving the geographical
				  area in which the incubator is located. The Board will monitor loan agreements
				  and contracts between the Board and local sponsors for compliance with
				  applicable program requirements.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.10 - Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
A local sponsor that has received a loan to establish an
				  incubator shall submit an annual report to the Board on or before January 31 of
				  each year for the previous calendar year. The following shall be included in
				  the report:
(1) A financial statement
				for the incubator signed by a Certified Public Accountant.
(2) A list of tenants of the incubator during
				the calendar year, their entry or departure date, or both, and the date of
				lease renewals.
(3) Evidence that a
				tenant meets the eligibility requirements of the act and this
				chapter.
(4) The number of jobs
				provided by a tenant.
(5) The
				occupancy rate of the incubator-percentage of rentable square footage-during
				the calendar year.
(6) A report on
				the current status of firms that have left the incubator since the
				establishment of the incubator, including their current employment figures and
				product line.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.11 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may waive the requirements of this chapter if it
				  determines that a waiver is necessary to fulfill the purpose of the program and
				  the waiver does not conflict with the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.12 - Sunset

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 12 of the act (73 P. S. §
										395.12) no incubator loans, loan guarantees
				  or grants may be approved by the Board after June 30, 1987.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › GENERAL PROVISIONS › Section 51.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Industrial Development
						Assistance Law (73 P. S. §§
												351-358).
Agency
-A nonprofit corporation,
						organization, association or agency which is designated as an industrial
						development agency, by proper resolution of the governing body, as the agency
						authorized to make application to and receive industrial development assistance
						grants from the Department.
Governing bodies
-A county, city,
						borough, town or township. The body empowered to enact ordinances or to adopt
						resolutions for the governance of the county, city, borough, town and
						township.
Grant
-The industrial development
						assistance grant.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › GENERAL PROVISIONS › Section 51.2 - Authority for grants

Current through Register Vol. 54, No. 28, July 13, 2024
Section 5 of the act (73 P. S. §
												355) authorizes the Department to make grants
						to recognized industrial development agencies, to assist the agencies in the
						financing of their operational costs for the purposes of making studies,
						surveys and investigations, the compilation of data and statistics, and in the
						carrying out of planning and promotional programs.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › GENERAL PROVISIONS › Section 51.3 - Purpose of program

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the Industrial Development Assistance
						Program is to provide, from the Commonwealth, a part of the funds necessary for
						research, planning, and promotional activities relating to local industrial
						development on a countywide or regional, that is, intercounty,
						basis.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › ELIGIBILITY › Section 51.11 - County organizations

Current through Register Vol. 54, No. 28, July 13, 2024
In each county of this Commonwealth one organization
						shall be eligible to receive financial assistance for the industrial
						development promotional purposes set forth in the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › ELIGIBILITY › Section 51.12 - Resolutions of governing bodies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Agencies shall be designated by resolution of the board of county
					 commissioners, except in first class counties, as the organization representing
					 the entire county under this program. It is necessary that the governing bodies
					 of townships, towns, boroughs or cities representing a total of 50% or more of
					 the population of the county, as determined by the latest decennial United
					 States Census, concur in the resolution. A suggested county resolution form is
					 attached hereto and made a part of this regulation as Exhibit A. Similarly, a
					 suggested concurring resolution form is attached hereto and made a part of this
					 regulation as Exhibit B.
(b) In the
					 case of the first class counties, agencies shall be designated only by
					 resolution of the governing bodies of townships, towns, boroughs or cities
					 representing a total of 50% or more of the population of the county, as
					 determined by the latest decennial United States Census.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › ELIGIBILITY › Section 51.13 - Multicounty organizations

Current through Register Vol. 54, No. 28, July 13, 2024
Two or more counties may designate one agency to serve
						them jointly under the Industrial Development Assistance
						Program.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › ELIGIBILITY › Section 51.14 - Agencies of county governments not created

Current through Register Vol. 54, No. 28, July 13, 2024
The designating resolutions of the governing bodies do
						not have the effect of creating an agency of county government, but rather,
						provide a means through which the people of the county may express themselves
						formally in designating an industrial development organization, already in
						existence or to be formed, to act for them in taking advantage of the grant
						made possible by the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › APPLICATION PROCEDURE › Section 51.21 - Application forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application
					 for the grants shall be made upon a completed Industrial Development Assistance
					 Grant Application in duplicate. The form, available from the Department,
					 requests information on past industrial development promotional activities and
					 on proposed uses of matching grants.
(b) Two copies of the appropriate resolutions
					 and concurring resolutions shall be submitted along with the application
					 forms.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › APPLICATION PROCEDURE › Section 51.23 - Evidence of matching funds

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to receiving the grant, the agency shall give
						evidence that it will match with its own funds the grant available from the
						Commonwealth.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.31 - Reimbursement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the end of
					 each 3-month period, the agency shall provide evidence of the expenditures and
					 accomplishments during the period, on a completed Statement for Reimbursement
					 available from the Department.
(b)
					 After approval, the grant allocated for the 3-month period shall be paid to the
					 agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.32 - Grant limitation

Current through Register Vol. 54, No. 28, July 13, 2024
Grants shall be limited to a maximum of 1/10 of $1 for
						each inhabitant of the county or counties represented by the designated
						agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.33 - Program projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 grants available through the act are not to replace but are to supplement funds
					 normally raised or to be made available for industrial development promotional
					 work in counties or groups of counties. Activities financed by matching funds
					 shall strengthen and broaden the industrial and economic promotional programs
					 and activities of Commonwealth areas.
(b) The following are examples of activities
					 which might be undertaken by an agency with assistance funds:
(1) Planning, printing and mailing of
					 folders, brochures, area booklets of a promotional nature and the use of other
					 advertising media.
(2) Surveys and
					 studies of data pertaining to natural resources and raw materials.
(3) Preparation of studies or analyses of
					 such industrial location factors as population, distribution, markets, labor
					 and wages and community facilities.
(4) Engineering surveys and planning of
					 industrial sites and districts.
(5)
					 Preparation of maps and aerial views of industrial sites, highways, railroad
					 facilities, rivers, streams, electric power, gas distribution systems, and the
					 like.
(6) Salaries, wages and
					 office expenses used in connection with activities related to the general
					 industrial development program and salaries and expenses, except entertainment,
					 in prospect solicitation and visitation by qualified representatives of the
					 industrial development organization.
(7) Activities and projects that would prove
					 to be useful in the overall promotion of the development and expansion of
					 commerce and industry in the area.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.34 - Grant declaration

Current through Register Vol. 54, No. 28, July 13, 2024
An executed grant declaration between the Department and
						the agency shall be required for payment of grants.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.35 - Grant audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 submission of the Final Statement for Reimbursement the agency shall submit a
					 completed Audited Financial Statement.
(b) The grant amount allocated for the final
					 3-month period may not be paid to the agency unless a completed Audited
					 Financial Statement is submitted and approved by the Department.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart A - Grants › Chapter 51 - INDUSTRIAL DEVELOPMENT ASSISTANCE › PAYMENT OF GRANTS › Section 51.36 - Antidiscrimination compliance

Current through Register Vol. 54, No. 28, July 13, 2024
The agency shall agree that it shall comply with all
						applicable antidiscrimination laws, regulations and standards in carrying out
						the activities for which the grant is made.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart B - Bonds › Chapter 61 - PRIVATE ACTIVITY BONDS-STATEMENT OF POLICY › Section 61.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Tax-Exempt Bond Allocation Act
					 (73
					 P. S. §§
											397.1-397.8).
Enterprise zone
-An area certified by the
					 Secretary under 12 Pa. Code Chapter 121 (relating to enterprise zone
					 program-statement of policy). The term includes an area designated as a full
					 zone as well as a planning zone.
Exempt facility
-A project which is
					 determined by the Federal government not to be subject to small issue project
					 limitations. Examples are airports and waste disposal facilities.
IDA Law
-The Industrial and Commercial
					 Development Authority Law (73 P. S. §§
											371-385).
Net new job
-A full-time job, or its
					 equivalent, which increases the number of jobs at the project site above the
					 number of jobs present before the project is started. The term does not include
					 a job which is one of the following:
(i) Being relocated from within this
				  Commonwealth.
(ii) Created by the
				  construction of the project.
(iii)
				  Not intended to be permanent.
Project
-An activity for which tax-exempt
					 bonds may be used.
Unused tax-exempt bond authority
-The total
					 tax-exempt bond allocation for the Commonwealth, minus the amount allocated to
					 approved projects as of a particular date.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart B - Bonds › Chapter 61 - PRIVATE ACTIVITY BONDS-STATEMENT OF POLICY › Section 61.2 - Initial allocations for Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Other than allocations specifically authorized in Chapter
					 63 (relating to private activity bonds-allocations), no Commonwealth agency
					 will be authorized a specific allocation. A Commonwealth agency may apply to
					 the Secretary for an allocation for worthwhile projects consistent with section
					 5(a)(2)(i) and (iv) of the act (73 P. S. §
											397.5(a)(2)(i)
					 and (iv)) and §§
										61.4 and
					 61.5 (relating to project
					 selection; and allocations of tax-exempt bond authority). The Secretary, in
					 consultation with the Secretary of the Budget and the agency, will determine
					 what portion of an allocation request a particular Commonwealth agency will
					 receive.