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PRINTER'S NO. 2727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2333
Session of
2022
INTRODUCED BY KAUFER, THOMAS, COOK, ROTHMAN, PICKETT AND
R. BROWN, FEBRUARY 9, 2022
REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 9, 2022
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for Commonwealth Economic
Development Action Team.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
COMMONWEALTH ECONOMIC DEVELOPMENT ACTION TEAM
Sec.
901. Scope.
902. Definitions.
903. Commonwealth Economic Development Action Team.
904. Powers and duties of team.
905. Assistance for qualified businesses.
906. Duties of executive agencies.
907. Commonwealth Economic Development Selection and
Organization Committee.
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908. Annual report.
§ 901. Scope.
This chapter relates to the Commonwealth Economic Development
Action Team.
§ 902. 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:
"Committee." The Commonwealth Economic Development Selection
and Organization Committee established under section 907(a)
(relating to Commonwealth Economic Development Selection and
Organization Committee).
"Executive agency." A department, board or commission of the
Executive Department which is under the policy supervision and
control of the Governor.
"Executive director." The executive director of the team
appointed under section 903(b) (relating to Commonwealth
Economic Development Action Team).
"Project." An effort by a qualified business which will
result in any of the following:
(1) A meaningful increase in the number of jobs in this
Commonwealth.
(2) A substantial increase in the amount of tax revenue
collected by the Commonwealth.
"Qualified business." A business that is authorized to do
business in this Commonwealth and has received an evaluation
under section 904(c) (relating to powers and duties of team).
"Team." The Commonwealth Economic Development Action Team
established under section 903(a).
"Team member." An employee of the department who has been
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appointed as staff of the team under section 903(c).
§ 903. Commonwealth Economic Development Action Team.
(a) Establishment.--The Commonwealth Economic Development
Action Team is established as an office within the department.
(b) Executive director.--The team shall be directed by an
executive director. Within 90 days of the effective date of this
section, the committee shall appoint an executive director to
direct the team. The Executive Board established under section
204 of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, shall set the compensation of the
executive director.
(c) Staffing.--The executive director shall appoint
individuals, including experienced economic development
professionals, to act as staff of the team as may be
appropriate. The executive director may contract for additional
services as necessary for the performance of the executive
director's duties.
(d) Legal services.--The Office of General Counsel shall
provide legal services as necessary to the team.
(e) Administrative services.--
(1) The department shall provide administrative services
and staff to the team. The team shall reimburse the
department for the cost of providing the administrative
services and staff under this paragraph.
(2) The executive director may enter into an agreement
with the department setting forth the rights and obligations
of the team and the department in carrying out their duties
to each other under this chapter and to further the intent of
this chapter.
(f) Appropriation.--The appropriation for the team shall be
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in a separate line item and shall be under the jurisdiction of
the executive director.
§ 904. Powers and duties of team.
(a) Single point of contact.--The team shall serve as a
single point of contact for a business considering moving to,
considering expanding in or seeking to maintain operations in
this Commonwealth.
(b) Regional offices.--The executive director shall
establish appropriate regions and regional offices for the team
across this Commonwealth.
(c) Evaluation.--Upon the request of a business, the team
shall evaluate the needs of the business and a proposed project,
including all of the following:
(1) The overall economic impact of the proposed project.
(2) The financial condition of the business.
(3) The strength of the business model of the business.
(4) The strength of the commitments for private
financing for the proposed project.
(5) The competitive posture of the proposed project.
(d) Assignment of team members.--The team shall assign a
team member for a qualified business, who shall serve as the
primary point of contact for the qualified business and the
team.
(e) Referrals for assistance.--Upon completing a review
under subsection (c), the team may refer a qualified business
for assistance under section 905 (relating to assistance for
qualified businesses) and other economic development programs.
(f) Survey and feedback.--The team shall annually survey
qualified businesses and provide an opportunity to submit
feedback on the assistance provided under this chapter. The team
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shall provide the survey results and feedback under this
subsection to the committee.
(g) Performance metrics.--The team shall collect and compile
performance metrics relating to the actions of the team,
including the data necessary to compile the annual report under
section 908 (relating to annual report).
§ 905. Assistance for qualified businesses.
(a) Site selection.--The team shall do all of the following:
(1) Maintain a site selection database on a publicly
accessible Internet website, which shall include a voluntary
registration of business site locations and information on
available resources.
(2) Provide individualized site selection assistance for
a qualified business.
(b) Interagency coordination.--The team shall do all of the
following:
(1) Coordinate the involvement of executive agencies in
a project.
(2) Facilitate introductions with relevant executive
agencies.
(3) To the extent permitted by law and policy of an
executive agency, facilitate the permit review and approval
for a project.
(c) Economic development.--The team shall do all of the
following:
(1) Refer a qualified business to economic development
programs and other grant programs that are available to the
qualified business.
(2) At the request of a qualified business, consult with
an executive agency about applications by the qualified
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business for a program or permit administered by the
executive agency.
§ 906. Duties of executive agencies.
(a) Consultation with team members.--Except as otherwise
provided by Federal law or an applicable duty or privilege, an
executive agency shall agree to consult with a team member for
the purpose of section 905(c)(2) (relating to assistance for
qualified businesses). The executive agency may require a
qualified business to request the consultation under this
subsection in writing.
(b) (Reserved).
§ 907. Commonwealth Economic Development Selection and
Organization Committee.
(a) Establishment.--The Commonwealth Economic Development
Selection and Organization Committee is established as a
committee within the team.
(b) Duties.--The committee shall establish all of the
following:
(1) Procedures to select the executive director.
(2) The operational budget of the team.
(c) Composition.--The committee shall be comprised of the
following members:
(1) The Governor or a designee.
(2) The President pro tempore of the Senate or a
designee.
(3) The Majority Leader of the Senate or a designee.
(4) The Minority Leader of the Senate or a designee.
(5) The Speaker of the House of Representatives or a
designee.
(6) The Majority Leader of the House of Representatives
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or a designee.
(7) The Minority Leader of the House of Representatives
or a designee.
(d) Operations.--
(1) The committee shall conduct a meeting to organize
within 30 days of the effective date of this section.
(2) The members of the committee shall select a member
of the committee to serve as chair. The chair shall call
meetings of the committee.
(3) The committee shall act upon a vote of the majority
of the members of the committee.
§ 908. Annual report.
(a) Report.--No later than March 31, 2023, and each March 31
thereafter, the executive director shall publish an annual
report on the team.
(b) Contents.---The annual report under subsection (a) shall
include all of the following information:
(1) The number of businesses that used the team as a
single point of contact under section 904(a) (relating to
powers and duties of team) during the prior calendar year.
(2) The number of businesses that were evaluated under
section 904(c) during the prior calendar year.
(3) The number of qualified businesses which received
assistance from the team during the prior calendar year.
(4) To the extent possible, all of the following
information:
(i) The number of jobs retained in this Commonwealth
for projects which received assistance from the team.
(ii) The number of jobs added in this Commonwealth
for projects which received assistance from the team.
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(iii) The amount of additional capital investment in
this Commonwealth for projects which received assistance
from the team.
Section 2. The Governor's Action Team is abolished. All
personnel, allocations, appropriations, equipment, files,
records, contracts, agreements, obligations and other materials
which are used, employed or expended in connection with the
functions of the Governor's Action Team are hereby transferred
to the Commonwealth Economic Development Action Team, with the
same force and effect as if:
(1) The allocations and appropriations had been made to
the Commonwealth Economic Development Action Team in the
first instance.
(2) The personnel, equipment, files, records and other
materials of the Governor's Action Team had been the
personnel and property of the Commonwealth Economic
Development Action Team in the first instance.
(3) The contracts, agreements and obligations of the
Governor's Action Team had been incurred or entered into by
the Commonwealth Economic Development Action Team.
Section 3. Except as otherwise provided under 12 Pa.C.S. Ch.
9, all activities initiated by the Governor's Action Team prior
to the effective date of this section shall continue and remain
in full force and effect and may be completed by the
Commonwealth Economic Development Action Team. Orders,
regulations, rules and decisions which were made prior to the
effective date of this section and which are in effect on the
effective date of this section shall remain in full force and
effect until revoked, vacated or modified by the Commonwealth
Economic Development Action Team. Contracts, obligations and
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collective bargaining agreements entered into by the Governor's
Action Team are not affected nor impaired by this act.
Section 4. This act shall take effect in 60 days.
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