Pennsylvania Administrative Code

§ 41.7. Tenant eligibility. (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…

§ 41.8. Loan and grant conditions. (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…

§ 41.9. Monitoring. 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 spo…

GENERAL PROVISIONS § 51.1. Definitions. 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, org…

ELIGIBILITY § 51.11. County organizations. 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. Source The provisions of this § 51.11 adopted September 29, …

§ 51.12. Resolutions of governing bodies. (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 towns…

§ 51.13. Multicounty organizations. Two or more counties may designate one agency to serve them jointly under the Industrial Development Assistance Program. Source The provisions of this § 51.13 adopted September 29, 1972, effective September 30, 1972, 2 Pa.B. 1795.

§ 51.14. Agencies of county governments not created. 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 design…

§ 51.2. Authority for grants. 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 investiga…

APPLICATION PROCEDURE § 51.21. Application forms. (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 promotion…

§ 51.22. Approval of application. Grants shall be allocated after approval of the application by the Department. Source The provisions of this § 51.22 adopted September 29, 1972, effective September 30, 1972, 2 Pa.B. 1795.

§ 51.23. Evidence of matching funds. Prior to receiving the grant, the agency shall give evidence that it will match with its own funds the grant available from the Commonwealth. Source The provisions of this § 51.23 adopted September 29, 1972, effective September 30, 1972, 2 Pa.…

§ 51.3. Purpose of program. 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, th…

PAYMENT OF GRANTS § 51.31. Reimbursement. (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 al…

§ 51.32. Grant limitation. 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. Source The provisions of this § 51.32 adopted September 29, 1972, effective September 30, 1972, 2 Pa.B. 1795.

§ 51.33. Program projects. (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 st…

§ 51.34. Grant declaration. An executed grant declaration between the Department and the agency shall be required for payment of grants. Source The provisions of this § 51.34 adopted September 29, 1972, effective September 30, 1972, 2 Pa.B. 1795.

§ 51.35. Grant audit. (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 State…

§ 51.36. Antidiscrimination compliance. 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. Source The provisions of this § 51.36 adopted November 9, 1979, e…

§ 61.1. Definitions. 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 …

§ 61.2. Initial allocations for Commonwealth agencies. 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 …

§ 61.3. Restrictions on county allocations. (a) Except as provided in subsection (b), allocations of tax-exempt bond authority to counties under § 61.5(3) (relating to allocations of tax-exempt bond authority) for small issue projects are subject to the following restrictions: (1…

§ 61.4. Project selection. In selecting projects which exceed a county’s initial allocation, are exempt facilities, are to be funded from the 50% contingency reserve pool or are to be funded in the final allocation, the Secretary will select projects based on the following criter…

§ 61.5. Allocations of tax-exempt bond authority. The act allocates the Commonwealth’s tax-exempt bond authority to five categories as follows: (1) Housing related bonds. An amount equal to $160 million will be allocated for housing related bonds, including qualified residential …

§ 61.6. Allocation procedures. Under the allocations in § 61.5 (relating to allocations of tax-exempt bond authority), to apply for approval of allocations for specific projects the following procedures shall be followed: (1) Approval requirements. The approval of an allocation f…

§ 61.7. Reallocation. The act specifies that a two-tier reallocation process, for unused tax-exempt bond authority, is to occur each August 1 and November 1. (1) August 1 reallocation. On August 1 of each year in which the act applies, the Secretary will determine the amount of u…

§ 63.1. Allocations. (a) Authority for allocations. The State unified volume cap for the issuance of qualified private activity bonds provided by section 146(d) of the Internal Revenue Code (26 U.S.C.A. § 146(d)) for calendar year 1998 will be allocated utilizing the authority pr…

§ 63.2. Provisions of the Tax-Exempt Bond Allocation Act suspended. Provisions of the Tax-Exempt Bond Allocation Act (73 P.S. § § 397.1—397.8) inconsistent with this chapter and 4 Pa. Code § § 7.331—7.338 (relating to 1987 allocations of the unified volume cap under the Tax Refor…

§ 63.3. Procedures. (a) Procedures for the administration of private activity bond allocations shall be as provided by Chapter 61 (relating to private activity bonds—statement of policy), except to the extent the procedures are inconsistent with the requirements of this chapter. …

§ 63.4. Reallocations. The unused portion of an allocation provided under § 63.1(b)—(e) (relating to allocations) will be reallocated by the Secretary in cooperation with the Executive Director of the Higher Education Assistance Agency in the manner provided by section 5(b) and (…

§ 71.1. Purpose of program. (a) The Machinery and Equipment Loan Fund (MELF) is designed to stimulate the growth of, and to assist in the retention of, Pennsylvania businesses by providing low-interest financing for machinery and equipment to businesses unable to fully finance th…

§ 71.10. Penalty. (a) If an eligible business that has received a loan fails to create or retain the requisite number of full-time jobs within 3 years after the date of disbursement of MELF loan proceeds, the Secretary will impose a penalty equal to an increase in the interest ra…

§ 71.101. Purpose of program. (a) The Machinery and Equipment Loan Fund (MELF) is designed to stimulate the growth of, and to assist in the retention of, mature Pennsylvania businesses by providing low-interest financing for machinery and equipment to businesses unable to fully f…

§ 71.102. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Machinery and Equipment Loan Fund Act (73 P. S. § § 399.31—399.40). Eligible business—A for-profit corporation, partne…

§ 71.103. Application evaluation. In addition to the factors in the act for application evaluation, the Department will also review the following factors pertaining to business evaluation, project criteria and public benefit criteria: (1) Business evaluation. The historical perfo…

§ 71.104. Application process. (a) An application can be obtained from the Department of Community and Economic Development, Private Capital Financing Office, Commonwealth Keystone Building, 4th Floor, Harrisburg, Pennsylvania 17120, (717) 787-6245. (b) Applications will be revie…

§ 71.105. Effect. This chapter is intended solely to provide guidance to the general public and program applicants and to interpret statutes and regulations. The chapter may be relied upon insofar as it binds the Department to follow a stated course of action. The Department may …

§ 71.11. Inspection by Department. An eligible business which applies for or receives a loan under the program will permit authorized employes of the Department or the Commonwealth to inspect the plant, books and records of that business during regular business hours, upon the re…

§ 71.12. Implementation of program. The Department may further implement the program through the publication of statements of policy or the preparation and distribution of guidelines and applications.

§ 71.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Machinery and Equipment Loan Fund Act (73 P. S. § § 399.31—399.40). Agricultural processes—Processing or warehouse a…

§ 71.3. Eligible business. (a) An eligible business shall be involved in industrial processes, mining, manufacturing or other industrial sectors that include the following types of activities: (1) Manufacturing operations. (2) Industrial operations. (3) Agricultural processes. (4…

§ 71.4. Loans. (a) The Department will provide loans to eligible businesses for eligible projects in accordance with the terms and conditions of the act and this chapter. (b) Interest rates will be set by the Secretary and will become effective when the Secretary prescribes. In s…

§ 71.5. Machinery and equipment. (a) Machinery and equipment to be acquired with loan funds shall be purchased by the eligible business or by an affiliate thereof outright, through a lease/purchase option or through an installment sale option. (b) Machinery and equipment to be up…

§ 71.6. Application. (a) An eligible business shall apply for a loan by submitting an application and supporting documentation to the Department on forms prescribed by the Department. (b) The eligible business shall update information in its application to the Department if condi…

§ 71.7. Condition of eligibility. In addition to the criteria in section 5(c) of the act (73 P. S. § 399.35(c)), an eligible business shall also demonstrate a contribution of equity to the project commensurate with the size and financial capabilities of the business.

§ 71.8. Application evaluation. In addition to the factors in the act for application evaluation, the Department will also review factors pertaining to business evaluation, project criteria and public benefit criteria, as follows: (1) Business evaluation. The historical performan…

§ 71.9. Conditions of lending. (a) If a loan is approved by the Department, the eligible business shall comply with the following conditions of lending: (1) Interest on the loan principal will accrue as of the date of disbursement of loan proceeds. (2) Loans will be evidenced by …