Pennsylvania Administrative Code

§ 135.2. Purpose of the Neighborhood Assistance Act. The purpose of this chapter is to define the eligibility requirements and procedures necessary to provide tax credits under the Neighborhood Assistance Program to business firms which provide neighborhood assistance, job traini…

ADMINISTRATION OF PROGRAM § 135.21. General. (a) The program will be administered by the Office of Community Services. (b) The Office of Community Services will provide advice and assistance to businesses and neighborhood organizations and aid in the development of projects, proc…

§ 135.22. Submission of proposals. (a) Proposals may be submitted to the Department under the Neighborhood Assistance Program by either of the following: (1) Business firms which provide neighborhood assistance, job training, community services, education or crime prevention. (2)…

§ 135.23. Review of proposals. (a) Review procedures will be conducted through the regional offices of the Department. Recommendations by the regional offices and by the Community Empowerment Office’s central office will be presented to the Secretary. (b) The Secretary will appro…

§ 135.24. Annual review. (a) Business firms and neighborhood organizations desiring renewal for additional years shall submit their proposals through the appropriate regional office a minimum of 3 months prior to expiration of the Department’s contract. The project’s performance …

§ 135.3. Objectives of the act. (a) One objective of the act is to encourage private business firms as defined in the act to provide private capital as described in the act to generate, provide or establish projects which will improve impoverished neighborhoods by providing job t…

TAX CREDITS § 135.41. Amount. (a) If the projects of a business firm or a neighborhood organization have been approved, the Department of Revenue will grant a tax credit against tax which may be due from a business firm under Article IV, VI—X or XIII—XVI of the Tax Reform Code of…

§ 135.41a. Tax credits for capital construction campaigns. (a) A capital construction campaign is the raising of funds for the construction or permanent improvement to property or the purchase of furniture or equipment to be used in the neighborhood organization’s facility. (b) C…

§ 135.41b. Special program priorities. For Fiscal Year 1997-98, the special program priorities will be accepted in four categories: Community Development, Comprehensive Services, Affordable Housing Programs and Enterprise Zone Programs. Projects in each category shall relate to a…

§ 135.42. Computation. (a) Contribution of property. Where the contribution consists of real or personal property, the value thereof will be determined by the Secretary by considering the amount normally allowed by the Internal Revenue Service as a charitable deduction for Federa…

§ 135.44. Proof of contribution. (a) For a business firm to receive a tax credit for a contribution under the act, the business firm shall submit an application on forms provided by the Department with documentation of the contribution. (b) Documentation of the contribution may i…

ADMINISTRATION OF THE ENTERPRISE ZONETAX CREDIT PROGRAM § 135.46. General. (a) The Enterprise Zone Tax Credit Program will be administered by the Office of Community Services. The goal of the program is to create employment opportunities for low-income persons in enterprise zone …

§ 135.47. Submission of plans. (a) Plans shall be submitted to the Department under the Enterprise Zone Tax Credit Program by one of the following: (1) Private companies proposing to make qualified investments to rehabilitate, expand or improve buildings or land located within po…

§ 135.48. Review of plans. (a) The Department will review plans in a timely fashion. (b) The Secretary will approve or disapprove a project based on the results of the Department’s review and establish a maximum amount of tax credits to be granted. (c) Projects are approved for a…

TAX CREDITS FOR THE ENTERPRISE ZONETAX CREDIT PROGRAM § 135.49. Amount. (a) If the investment of a private company or a neighborhood organization has been verified and a tax credit requested, the Department of Revenue will grant a tax credit against tax imposed under Article IV, …

§ 135.49a. Enterprise Zone Tax Credit Program—special programpriorities. (a) Applicability. The special program priorities in this section are applicable to projects for the Fiscal Year 1997-98. (b) Special program priority status. For the Fiscal Year 1997-98, special program pri…

§ 135.50. Computation for the Enterprise Zone Tax Credit Program. (a) If approved, projects will receive tax credits equal to 20% of eligible project costs, up to the maximum amount approved by the Department. Projects requesting consideration and approved under § 135.49a (relati…

§ 135.50a. Documentation of investments. (a) Upon completion of the project or at the end of the fiscal year in which a tax credit is being sought, the private company shall submit to the Department documentation which verifies that the planned investment has been made. A financi…

MISCELLANEOUS PROVISIONS § 135.51. Nondiscrimination. To participate in the program, the business firm and private company shall comply with the following requirements: (1) The business firm or private company may not discriminate against an employe or applicant for employment be…

GENERAL PROVISIONS § 141.1. Purpose. This chapter promulgates policies, requirements and procedures for grant assistance to eligible local governments authorized by the act. Parts of this chapter pertain to FFY 1984 grant funds while other parts will pertain only to FFY 1985 and …

NATIONAL OBJECTIVES § 141.101. Primary objective. A program grant shall meet the primary national objective in § 141.2 (relating to primary objective). To determine if an activity qualifies as benefiting as low- and moderate-income, there are several different methods and tests t…

§ 141.102. Other National objectives. If activities cannot be qualified under § 141.101 (relating to primary objective), the activities may be qualified under one of the two remaining national objectives as follows: (1) Prevention or elimination of slums and blight. Activities me…

SPECIAL ACTIVITY CRITERIA § 141.121. Religious structures. Program funds may not be used for the acquisition, construction, reconstruction, rehabilitation or operation of religious structures for religious purposes. Source The provisions of this § 141.121 adopted May 3, 1985, eff…

§ 141.122. Change of use. The use of property acquired or improved with program funds may not be changed except as otherwise provided by statute or regulation. Source The provisions of this § 141.122 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614; amended March 21, 198…

§ 141.123. Policies governing facilities. Grantee use of program funds for facilities are governed by the special provisions of 24 CFR 570.200(b) (relating to general policies). Source The provisions of this § 141.123 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614. Cro…

§ 141.124. Special assessments. The capital cost of public improvements funded in whole or in part by program funds cannot be recovered by assessing any amount against properties owned and occupied by persons of low and moderate income, including a fee charged or assessment made …

§ 141.125. Countywide projects. This section pertains to countywide or areawide projects that benefit an eligible entitlement entity under the State program or the Federal CDBG program within the county. To the extent that a county project under the State program will benefit an …

FEDERAL AND STATE STATUTES AND REGULATIONS § 141.141. Environmental review. Grantees shall comply with the environmental review and clearance requirements and procedures set forth in the National Environmental Policy Act of 1969 (42 U.S.C.A. § § 4321—4370a) and 24 CFR Part 58 (re…

§ 141.142. Labor standards. Grantees shall comply with the labor standards contained in the following Federal statutes and regulations: (1) Davis-Bacon Act (40 U.S.C.A. § § 276a—276a-5). (2) Contract Work Hours and Safety Standards Act (40 U.S.C.A. § 327). (3) Anti-Kickback Act (…

§ 141.143. Civil rights. Grantees shall comply with the following Federal and State statutes and regulations that prohibit discrimination and insure equal opportunity based on race, color, religious creed, ancestry, national origin, age, sex or physical limitations: (1) Title VI …

§ 141.144. Employment. Grantees shall comply with the following Federal statutes and regulations regarding fair and equal employment opportunities: (1) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.A. § 1702u). (2) Executive Order No. 11,246, 30 FR 12,319 (…

§ 141.145. Fair housing. Grantees shall comply with the following Federal statutes and regulations regarding the development, sale, rental, financing or provision of brokerage services in housing, in order to prohibit discrimination; to insure equal housing opportunity; and to af…

§ 141.146. Architectural barriers. Grantees shall comply with the Architectural Barriers Act of 1968 (42 U.S.C.A. § § 4151—4157), and 41 CFR 101-19.604 (relating to exceptions). Source The provisions of this § 141.146 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614. Cro…

§ 141.147. Displacement. Grantees shall minimize the displacement of persons to the greatest extent possible as a result of program assisted activities and provide reasonable benefits when displacement becomes necessary. As a program requirement, each grantee shall develop, adopt…

§ 141.148. Acquisition. Grantees shall comply with the following requirements with respect to the taking of real property: (1) To the greatest extent practicable under State statute, comply with sections 301 and 302 of Title III, Uniform Real Property Acquisition Policy, of the U…

§ 141.149. Relocation. Grantees shall comply with the following requirements with respect to the relocation of persons: (1) Title II, Uniform Relocation Assistance, of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. § § 4621—4638)…

§ 141.150. Political activities and conflict of interest. Grantees shall comply with the limitations established for the political activities of their employes by the Hatch Political Activity Act, 5 U.S.C.A. § § 1501—1508. Source The provisions of this § 141.150 adopted May 3, 19…

§ 141.151. Lead-based paint. Grantees shall comply with section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.A. § 4831(b)) and 24 CFR Part 35 (relating to lead-based paint poisoning prevention in certain residential structures). Source The provisions of this …

§ 141.152. Floodplains. Grantee communities which reside in flood prone areas will be required to adopt and implement an appropriate floodplain ordinance, if one does not exist, that brings the community into compliance with the Flood Plain Management Act (32 P. S. § § 679.101—67…

§ 141.153. Steel products. Grantee construction activities shall comply with the Steel Products Procurement Act (73 P. S. § § 1881—1887). Source The provisions of this § 141.153 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614. Cross References This section cited in 12 P…

§ 141.154. Minimum rehabilitation standards. Housing rehabilitation activities funded in whole or part by program funds shall comply with the cost-effective energy conservation and effectiveness standards (42 U.S.C.A. § 1425(b)) in 24 CFR Part 39 (relating to cost-effective energ…

§ 141.155. Separations Act. Grantees shall comply with the act of May 1, 1913 (P. L. 155, No. 104) (53 P. S. § 1003). Source The provisions of this § 141.155 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614. Cross References This section cited in 12 Pa. Code § 141.191 (r…

§ 141.156. Resource conservation. Grantees shall comply with section 6002 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. § 6962) and 40 CFR Part 249 (relating to guidelines for Federal procurement of cement and concrete containing fly ash). Source The provisio…

§ 141.157. Other statutes and regulations. Grantees shall comply with other applicable statutes and regulations which may be adopted or issued during the administration of grantee projects. Source The provisions of this § 141.157 adopted May 3, 1985, effective May 4, 1985, 15 Pa.…

APPLICATION REQUIREMENTS § 141.170. Scope. The Department will accept applications only from units of eligible local governments. Source The provisions of this § 141.170 adopted March 21, 1986, effective March 22, 1986, 16 Pa. B. 943.

§ 141.171. Prerequisites. Prior to the formal submission of a grant application to the Department, the applicant shall do the following: (1) Prepare the community development plan as explained in § 141.23 (relating to community development plan). (2) Prepare a grant application i…

§ 141.172. Application criteria. (a) Official adoption. The applicant’s governing body shall officially authorize the application and the chief elected official of the applicant shall sign the application before it is submitted to the Department. For FFY 1985 and subsequent year …