PRIOR PRINTER'S NOS. 229, 1118, 1159 PRINTER'S NO. 1168
No. 10 Session of 1997
INTRODUCED BY ROBBINS, HART, MUSTO, SALVATORE, O'PAKE, HELFRICK, COSTA, WHITE, KUKOVICH, THOMPSON, AFFLERBACH AND MADIGAN, JANUARY 29, 1997
AS AMENDED ON THIRD CONSIDERATION, JUNE 10, 1997
AN ACT 1 Amending the act of June 29, 1996 (P.L.434, No.67), entitled "An 2 act to enhance job creation and economic development by 3 providing for an annual financing strategy, for opportunity 4 grants, for job creation tax credits, for small business 5 assistance and for the Small Business Advocacy Council; 6 conferring powers and duties on various administrative 7 agencies and authorities; further providing for various 8 funds; and making repeals," further defining "financing 9 programs"; and providing for the Community Development Bank 10 Grant and Loan Program. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. The definition of "financing program" in section 14 103 of the act of June 29, 1996 (P.L.434, No.67), known as the 15 Job Enhancement Act, is amended to read: 16 Section 103. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 * * * 21 "Financing programs." All of the following programs:
1 (1) The Pennsylvania Industrial Development Authority. 2 (2) Pennsylvania Economic Development Financing 3 Authority. 4 (3) Pennsylvania Minority Business Development Authority 5 Board. 6 (4) The Infrastructure Development Program. 7 (5) The Opportunity Grant Program. 8 (6) The Industrial Sites Reuse Program. 9 (7) The Customized Job Training Program. 10 (8) The Machinery and Equipment Loan Program. 11 (9) The Small Business First Program. 12 (10) Job Creation Tax Credit. 13 (10.1) The Community Development Bank Grant and Loan 14 Program. 15 (11) Any other similar program operated by the 16 department. 17 * * * 18 Section 2. The act is amended by adding a chapter to read: 19 CHAPTER 15 20 COMMUNITY DEVELOPMENT BANK GRANT 21 AND LOAN PROGRAM 22 Section 1501. Declaration of purpose. 23 The purpose of this chapter is to create a program to more 24 effectively address the capital needs of local community 25 development and economic development institutions by encouraging 26 and supporting the creation, development and operations of 27 community development financial institutions through a program 28 of grants and loans. 29 Section 1502. Definitions. 30 The following words and phrases when used in this chapter 19970S0010B1168 - 2 -
1 shall have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Authority." The Pennsylvania Economic Development Financing 4 Authority. 5 "Board." The Board of Directors of the Pennsylvania Economic 6 Development Financing Authority. 7 "Community development financial institution." A community 8 development financial institution certified in accordance with 9 the Community Development Banking and Financial Institutions Act 10 of 1994 (Public Law 103-325, 108 Stat 2163). 11 "Community development loan." A loan from a community 12 development financial institution to low-income individuals, 13 businesses and nonprofit organizations for the purpose of 14 revitalizing distressed communities and buildings. 15 "Department." The Department of Community and Economic 16 Development of the Commonwealth. 17 "Eligible institution." A community development financial 18 institution which has been accredited by the Department of 19 Community and Economic Development under section 1506. 20 "Participating investors." Public or private entities which 21 elect to participate with the authority in the loan programs set 22 forth in this chapter. 23 "Program." The Community Development Bank Grant and Loan 24 Program established under this chapter. 25 Section 1503. Establishment. 26 There is hereby established within the Pennsylvania Economic 27 Development Financing Authority, a grant and loan program to be 28 administered in accordance with the act of August 23, 1967 29 (P.L.251, No.102), known as the Economic Development Financing 30 Law. 19970S0010B1168 - 3 -
1 Section 1504. Operation of Pennsylvania Community Development 2 Bank. 3 (a) Operation.--The authority shall have the power to 4 operate the program under the name of the Pennsylvania Community 5 Development Bank. 6 (b) Operational committee.--The authority may operate the 7 program by establishing a 15-member committee of the board to 8 which the authority may delegate all or part of its powers to 9 operate the program. The committee shall consist of the 10 Secretary of Community and Economic Development, who shall act 11 as chairman, the Secretary of Banking, one member appointed by 12 the President pro tempore of the Senate, one member appointed by 13 the Speaker of the House of Representatives, one member 14 appointed by the Minority Leader of the Senate, one member 15 appointed by the Minority Leader of the House of Representatives 16 and nine members appointed by the Governor representing 17 participating investors and members of the general public. 18 (c) Limitation on voting.--No representative of an eligible 19 institution may serve as a voting member of the committee. 20 (d) Terms.--The members shall serve at the pleasure of the 21 appointing authority. 22 (e) Expenses.--The members of the committee shall be 23 entitled to no compensation for their services but shall be 24 entitled to reimbursement for all necessary expenses incurred in 25 connection with the performance of their duties as members of 26 the committee. 27 (f) Quorum.--A majority of the members of the committee 28 shall constitute a quorum for the transaction of any program 29 business. 30 Section 1505. Deposits. 19970S0010B1168 - 4 -
1 (a) Special accounts.--Money appropriated to the program may 2 be deposited by the authority in banks or trust companies in 3 special accounts. The special accounts must be continuously 4 secured by a pledge of direct obligations of the United States 5 or the Commonwealth, having an aggregate market value, exclusive 6 of accrued interest, at least equal to the balance on deposit in 7 the account. The securities shall be deposited with the 8 authority or be held by a trustee or agent approved by the 9 authority. Banks and trust companies are authorized to give 10 security under this paragraph. 11 (b) Disbursements.--Money in accounts under subsection (a) 12 shall be paid out on order of the authority. 13 Section 1506. Accreditation. 14 (a) General rule.--The department shall accredit community 15 development financial institutions to participate in the program 16 established under section 1503. The department may revoke 17 accreditation from community development financial institutions 18 which no longer meet accreditation criteria. 19 (b) Criteria.--Department criteria for accreditation shall 20 include certification under the Community Development Banking 21 and Financial Institutions Act of 1994 (Public Law 103-325, 108 22 Stat. 2163) and such other criteria as the department deems 23 appropriate. 24 Section 1507. Grants. 25 The authority may issue grants to eligible institutions or to 26 nonprofit organizations which are attempting to obtain Federal 27 certification or department accreditation as a community 28 development financial institution. The authority may issue 29 grants for the purpose of developing or enhancing the ability of 30 the community development financial institution or nonprofit 19970S0010B1168 - 5 -
1 organization to be accredited as an eligible institution and to 2 participate in the loan program established by this chapter. 3 Section 1508. Authority loans. 4 The authority may make loans to eligible institutions from 5 moneys appropriated to the program on such terms and conditions 6 as the authority may determine. Any such loans shall be made by 7 the authority pursuant to the act of August 23, 1967 (P.L.251, 8 No.102), known as the Economic Development Financing Law. Loans 9 to eligible institutions may be made by the authority as the 10 sole lender or may be made in cooperation with participating 11 investors pursuant to agreements entered into in accordance with 12 this chapter. Loan repayments shall be used by the authority to 13 make new loans to eligible institutions. 14 Section 1509. Community development loans. 15 (A) REQUIREMENT.--Eligible institutions that receive loans <-- 16 from the authority under section 1508 shall make community 17 development loans pursuant to guidelines established by the 18 department. 19 (B) CERTIFICATION REQUIRED.--IN CONNECTION WITH COMMUNITY <-- 20 DEVELOPMENT LOANS UNDER THIS SECTION, THE RECIPIENT OF A LOAN 21 MUST PROVIDE CERTIFICATION TO THE DEPARTMENT THAT THE RECIPIENT 22 DOES NOT HAVE ANY OUTSTANDING MUNICIPAL DEBTS IN THE FORM OF 23 DELINQUENT REAL ESTATE TAXES OR MUNICIPAL UTILITY BILLS THAT ARE 24 MORE THAN ONE YEAR OUTSTANDING. 25 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM 26 "CERTIFICATION" MEANS PROOF BY ANY OF THE FOLLOWING: 27 (1) RECEIPTS OF PAID REAL ESTATE TAXES AND MUNICIPAL 28 UTILITY BILLS. 29 (2) A NOTARIZED AFFIDAVIT BY THE RECIPIENT EVIDENCING 30 PAYMENT OF REAL ESTATE TAXES AND MUNICIPAL UTILITY BILLS. 19970S0010B1168 - 6 -
1 Section 1510. Agreements. 2 The authority may enter into agreements and contacts <-- 3 CONTRACTS as it shall determine are appropriate for the exercise <-- 4 of the powers granted to it by this chapter, including 5 agreements with participating investors. 6 Section 1511. Report. 7 Within 90 days of the end of the fiscal year, the authority 8 shall prepare, in consultation with the committee, an annual 9 report to the majority chairman and minority chairman of the 10 Appropriations Committee of the Senate and the majority chairman 11 and minority chairman of the Appropriations Committee of the 12 House of Representatives, which shall be for the immediately 13 prior fiscal year. The report, which shall be for the 14 immediately prior fiscal year, shall include the amount of funds 15 appropriated to the program deposited by the authority in 16 special accounts in banks or trust companies, the amount of 17 disbursements made from the special accounts, the number, name 18 and location of community development financial institutions 19 accredited by the department, the number and amount of grants 20 made by the department to community development financial 21 institutions or nonprofit organizations. 22 Section 1512. Additional powers. 23 In order to operate the program, the authority shall have all 24 other powers granted to it pursuant to the act of August 23, 25 1967 (P.L.251, No.102), known as the Economic Development 26 Financing Law. The authority may operate other community 27 development programs under the name of the Pennsylvania 28 Community Development Bank, including programs authorized and 29 funded under the Federal Rural Development Block Grants Program. 30 Section 3. This act shall take effect July 1, 1997, or 19970S0010B1168 - 7 -
1 immediately, whichever is later. L24L12BIL/19970S0010B1168 - 8 -