PRIOR PRINTER'S NOS. 1829, 1908, 2037 PRINTER'S NO. 2080
No. 1370 Session of 2002
INTRODUCED BY PUNT, D. WHITE, LAVALLE, WAUGH, KUKOVICH, WENGER, MUSTO, HELFRICK, WOZNIAK, GERLACH, ERICKSON, RHOADES, LEMMOND, BOSCOLA, SCARNATI, STOUT, THOMPSON, C. WILLIAMS AND ROBBINS, MARCH 22, 2002
AS AMENDED ON THIRD CONSIDERATION, JUNE 12, 2002
AN ACT 1 Amending the act of June 29, 1996 (P.L.434, No.67), entitled, as 2 amended, "An act to enhance job creation and economic 3 development by providing for an annual financing strategy, 4 for opportunity grants, for job creation tax credits, for 5 small business assistance, for the Small Business Advocacy 6 Council, for a family savings program, for industrial 7 development assistance, for community development bank grants 8 and loans and for tax-exempt bond allocation; conferring 9 powers and duties on various administrative agencies and 10 authorities; further providing for various funds; and making 11 repeals," further providing for definitions, for the 12 Pollution Prevention Assistance Account and for eligibility 13 and terms and conditions of loans; providing for job 14 training; and further providing for the power and authority 15 for the Pennsylvania Economic Development Financing 16 Authority; and making a repeal. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. The definitions of "capital development project" 20 or "project," "export activity" and "small business enterprises" 21 in section 1301 of the act of June 29, 1996 (P.L.434, No.67), 22 known as the Job Enhancement Act, amended or added June 24, 1997 23 (P.L.247, No.23) and November 17, 1998 (P.L.788, No.100), are 24 amended and the section is amended by adding definitions to
1 read: 2 Section 1301. Definitions. 3 The following words and phrases when used in this chapter 4 shall have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 * * * 7 "Agricultural producer." A person or entity involved in the 8 management and use of normal agricultural operation for the 9 production of a farm commodity. 10 * * * 11 "Capital development project" or "project." Land, buildings, 12 equipment and machinery and working capital which is acquired, 13 constructed, renovated or used by a small business enterprise: 14 (1) As part of a for-profit project or venture not of a 15 mercantile or service-related nature, except for hospitality 16 industry projects and except as otherwise provided in section 17 1303(a.1). 18 (2) To bring a small business enterprise into compliance 19 with Federal or State environmental laws or regulations or to 20 complete an approved remediation project or to permit the 21 small business enterprise to adopt generally acceptable 22 pollution prevention practices. 23 (3) To provide assistance to small business enterprises 24 that are recyclers of municipal or commercial waste or that 25 are manufacturers using recycled municipal or commercial 26 waste materials. 27 (4) To assist a small business enterprise with defense 28 conversion activities. 29 (5) For the manufacture of products to be exported out 30 of the United States by a small business enterprise as part 20020S1370B2080 - 2 -
1 of a for-profit project or venture not of a mercantile or 2 service-related nature, except for export-related services 3 and international export-related mercantile ventures or 4 advanced technology and computer-related services and 5 mercantile ventures, which will increase this Commonwealth's 6 national or international market shares. 7 (6) As part of a for-profit project or venture that 8 meets the requirements of section 1303(a.1). 9 (7) To assist in the start-up or expansion of a for- 10 profit or not-for-profit child day-care center subject to 11 licensure by the Commonwealth. 12 "Child day-care center." Any premises in which child day 13 care is provided simultaneously for seven or more children who 14 are not related to the provider. 15 * * * 16 "Export activity." An activity undertaken by an enterprise 17 related to exports of goods and services outside of the United 18 States. [The term includes manufacturing, assembling and like 19 operations.] 20 * * * 21 "Small business [enterprises] enterprise." A for-profit 22 corporation, partnership [or], proprietorship, limited liability 23 company or other entity which meets the eligibility requirements 24 established by the department. The term shall include, but is 25 not limited to, a small business [enterprises] enterprise which: 26 (1) is located in a small business incubator 27 [facilities, small business enterprises which are] facility; 28 (2) is an agricultural [processors and small business 29 enterprises which manufacture] processor; 30 (3) is an agricultural producer; 20020S1370B2080 - 3 -
1 (4) manufactures apparel products[.]; or 2 (5) is a for-profit or not-for-profit child day-care 3 center subject to licensure by the Commonwealth. 4 * * * 5 Section 2. Sections 1302(b.1), 1303(a.1) and (a.2) and 6 1304(a.1) and (a.2) of the act, amended or added November 17, 7 1998 (P.L.788, No.100), are amended to read: 8 Section 1302. Small Business First Fund and Pollution 9 Prevention Assistance Account. 10 * * * 11 (b.1) Pollution Prevention Assistance Account.--There is 12 hereby created within the Small Business First Fund a Pollution 13 Prevention Assistance Account to provide revolving loans to 14 small businesses that employ 100 or fewer individuals[, that 15 operate from a stationary source] and that adopt or install 16 pollution prevention or energy-efficient equipment or processes. 17 The account shall be administered by the department. All 18 appropriations made for the purposes of this account and all 19 proceeds from loan repayments, including interest, and any and 20 all other deposits, payments and contributions from any other 21 source made available to the department for the purposes of this 22 account shall be deposited into this account. 23 * * * 24 Section 1303. Eligibility for and terms and conditions of 25 loans. 26 * * * 27 (a.1) Loans to small business enterprises in certain [areas] <-- 28 business sectors.-- 29 (1) The department may provide loans to small business 30 enterprises [located in distressed communities] which are in <-- 20020S1370B2080 - 4 -
1 the business-to-public service, mercantile, commercial or 2 point-of-sale retail business sectors in accordance with 3 conditions or criteria established by the department in 4 guidelines adopted for these loans. Loans shall be made in 5 accordance with the provisions of this chapter except that: 6 (i) [Loans may be made to mercantile or service- 7 related enterprises approved by the department.] 8 (ii) The [provisions of subsection (b) relating to <-- 9 required increases in employment shall not apply to loans 10 made under this subsection] SMALL BUSINESS ENTERPRISE <-- 11 MUST AGREE TO RETAIN, AT A MINIMUM, JOBS IN EXISTENCE AS 12 OF THE DATE OF LOAN APPLICATION. 13 (iii) The department may authorize flexible 14 repayment terms and an interest rate of not less than 2%. 15 (iv) The department may utilize additional area loan 16 organizations, including community development financial 17 institutions, to receive loan applications and administer 18 loans. 19 (v) The department may use its best judgment to 20 identify and secure collateral. 21 [(2) Distressed communities shall include: <-- 22 (i) Any census tract OR OTHER SPECIFICALLY DEFINED <-- 23 GEOGRAPHIC AREA in which: 24 (A) there is a median income below 80% of the 25 median income for this Commonwealth or the United 26 States; 27 (B) 20% or more of the population is below the 28 poverty level by family size published by the Bureau 29 of the Census; or 30 (C) there is an unemployment rate 50% higher 20020S1370B2080 - 5 -
1 than the national average. 2 (ii) A Keystone Opportunity Zone. 3 (iii) Any other geographic area designated by the 4 department as distressed. The designation shall be 5 published in the Pennsylvania Bulletin.] <-- 6 (3) The department and area loan organization shall not 7 make loans under this subsection on the basis of direct 8 financial return on investment and shall not be held to the 9 loan loss standards of private commercial lenders. Loans 10 shall be for the purpose of establishing a strong economic 11 base and promoting entrepreneurial activity within the 12 distressed community. 13 (4) In order to receive a loan under this subsection, a 14 small business enterprise must demonstrate a direct impact on 15 the community in which it is located, on residents of that 16 community, or on the local and/or regional economy. The 17 department shall establish criteria that will assist small 18 business enterprises in making this demonstration. 19 (a.2) Pollution prevention assistance loans.--The Pollution 20 Prevention Assistance Account created under section 1302(b.1) 21 shall provide revolving loans to small businesses. 22 (1) The loans shall be for the purpose of enabling the 23 small business to adopt or install pollution prevention 24 equipment or processes to: 25 (i) Reduce or reuse raw materials onsite. 26 (ii) Reduce the production of waste. 27 (iii) Reduce energy consumption. 28 (2) The Pollution Prevention Assistance Account shall 29 not invest on the basis of direct financial return and shall 30 not be held to the loan loss standards of commercial lenders. 20020S1370B2080 - 6 -
1 Loans shall be for the purpose of reducing pollution through 2 source reduction technologies or processes. 3 (3) A loan under this subsection may not exceed the 4 lesser of: 5 (i) [$50,000] $100,000; or 6 (ii) 75% of eligible project costs. 7 (4) Loans under this subsection shall have an interest 8 rate of 2% per year and a [maximum] repayment term of [seven] 9 not to exceed ten years. 10 (5) An industrial resource center receiving funds under 11 the act of [July 2, 1993 (P.L.439, No.64), known as the Ben 12 Franklin/IRC Partnership Act] June 22, 2001 (P.L.400, No.31), 13 known as the Industrial Resources Center Partnership Act, may 14 utilize the account to provide assistance to a small business 15 enterprise for which a loan application has been made. 16 (6) Loans under this subsection shall be used to further 17 the goal of pollution prevention through the purchase and 18 installation of equipment to make operational changes and 19 modify production practices. 20 * * * 21 Section 1304. Application and administration. 22 * * * 23 [(a.1) Distressed communities.--An area loan organization 24 designated to administer loans to distressed communities under 25 section 1303(a.1) shall provide documentation that the small 26 business enterprise is located in a distressed community as 27 required by the department.] 28 (a.2) Pollution prevention assistance loans.-- 29 (1) Applications for loans from the Pollution Prevention 30 Assistance Account established under section 1302(b.1) shall 20020S1370B2080 - 7 -
1 be on a form prescribed by the department and shall be 2 reviewed under subsection (b)(2). The Department of 3 Environmental Protection shall assist the department and 4 provide technical assistance with application review. 5 (2) The department, an area loan organization or an 6 industrial resource center may charge fees, costs, service 7 charges, loan commitment fees or other expenses not to exceed 8 [1%] 5% of the loan amount. 9 * * * 10 Section 3. Section 1311(e), (g) and (h) of the act, added 11 June 24, 1997 (P.L.247, No.23), are amended and the section is 12 amended by adding a subsection to read: 13 Section 1311. Export Financing Loan Fund; loans and 14 applications; powers and duties. 15 * * * 16 (e) Conditions.--A loan must comply with all of the 17 following: 18 [(1) Be to a company eligible for a policy. 19 (2) Be guaranteed by the Working Capital Guaranty 20 Program offered by the Ex-Im Bank or be on an export credit 21 sales contract insured by a policy.] 22 (3) Be limited to [companies that have facilities within 23 this Commonwealth which are involved in export activities] 24 the financing of export activities that take place within 25 this Commonwealth. 26 (4) Be based on an export contract that requires payment 27 in United States dollars. 28 [(5) Be for the purpose of financing export activity.] 29 (6) Be limited to companies with 250 or fewer full-time 30 [equivalent] employees. 20020S1370B2080 - 8 -
1 (e.1) Additional conditions.--At the discretion of the 2 department, a loan may also be required to comply with one or 3 both of the following conditions: 4 (1) Be to a company eligible for a policy. 5 (2) Be guaranteed by the Working Capital Guaranty 6 Program offered by the Ex-Im Bank or be on an export credit 7 sales contract insured by a policy. 8 * * * 9 (g) Restrictions.--Export Financing Loan Fund assistance 10 shall not exceed $350,000 for any individual project [or 50% of 11 the eligible project costs, whichever is less]. A loan must not 12 supplant funding which is otherwise available from private 13 sector sources on commercially reasonable terms. 14 (h) Terms.--A loan shall have a term, rate of interest, 15 transaction size and other business conditions that comply with 16 the requirements [of the Ex-Im Bank and any other requirements] 17 of the department. 18 * * * 19 Section 4. The act is amended by adding a chapter to read: 20 CHAPTER 29 21 CUSTOMIZED JOB TRAINING PROGRAM 22 Section 2901. Definitions. 23 The following words and phrases when used in this chapter 24 shall have the meanings given to them in this section unless the 25 context clearly indicates otherwise: 26 "Applicant." Any of the following: 27 (1) A local education agency. 28 (2) An industrial resource center. 29 (3) An economic development organization. 30 (4) A greenhouse. 20020S1370B2080 - 9 -
1 (5) A private company. 2 (6) A local work force investment board. 3 "Capital investment." An expenditure for land, buildings, 4 renovations, machinery and equipment which is directly related 5 to the need for the proposed training. 6 "Economic development organization." An entity certified by 7 the department. The term includes "area loan organizations" and 8 "industrial development corporations" as defined in section 9 2301. 10 "Educational institution." Any of the following: 11 (1) Area vocational-technical schools. 12 (2) Community and junior colleges. 13 (3) Intermediate units. 14 (4) Licensed private/proprietary business and trade 15 schools. 16 (5) Public school districts. 17 (6) State or private colleges or universities. 18 "Greenhouse." A nonprofit organization recognized under 19 section 501(c)(3) of the Internal Revenue Code of 1986 (Public 20 Law 99-514, 26 U.S.C. § 501(c)(3)) which is formed for the 21 express purpose of creating university/business partnerships to 22 advance science and technology and to support economic and work 23 force development. 24 "Industrial resource center." An industrial resource center 25 as defined in the act of June 22, 2001 (P.L.400, No.31), known 26 as the Industrial Resources Center Partnership Act. 27 "Labor organization." An organization, agency or employee 28 representation committee or plan in which employees participate 29 and which exists for the purpose, in whole or in part, of 30 dealing with disputes between an employer and its employees 20020S1370B2080 - 10 -
1 involving grievances, labor disputes, wages, rates of pay, hours 2 of employment or conditions of work. The term does not include 3 an organization, agency, committee or plan which practices 4 discrimination in membership because of race, color, creed, 5 national origin, sex or political affiliation. 6 "Local education agency." An educational institution located 7 in the Commonwealth and certified by the Department of 8 Education. 9 "Local work force investment board." An entity recommended 10 for certification by the Pennsylvania Workforce Investment Board 11 and certified by the Governor in accordance with the act of 12 December 18, 2001 (P.L.949, No.114), known as the Workforce 13 Development Act. 14 "Private company." A business, professional service company 15 or other enterprise. The term may include a group of two or more 16 private companies operating as a consortium in order to take 17 advantage of a common training program. The term shall not 18 include point-of-sale retail businesses. 19 "Program." The Customized Job Training Program established 20 in section 2902. 21 "Trainee." An individual who is an employee or prospective 22 employee and is enrolled in an eligible training program which 23 is designed to enable the individual to obtain or retain 24 employment. 25 "Training program." A systematic program which is designed 26 to provide a trainee with the skills and knowledge necessary to 27 meet a private company's or labor organization's specifications 28 for an occupation or trade, the successful completion of which 29 results in one of the following: 30 (1) The trainee being employed or continuing to be 20020S1370B2080 - 11 -
1 employed full time by that private company. 2 (2) A trainee receiving instruction or training related 3 to an occupation with a shortage of skilled workers or a 4 targeted industry cluster as referred in section 2905(3)(i). 5 The programs may involve instruction within a local education 6 agency, within a private company plant or on-the-job training, 7 within a training program of a labor organization, through 8 technology-based instruction or any combination thereof. 9 Section 2902. Program. 10 (a) Program establishment.--There is established within the <-- 11 department the Customized Job Training Program. Funds (A) <-- 12 PROGRAM CONTINUATION.--THE CUSTOMIZED JOB TRAINING PROGRAM 13 WITHIN THE DEPARTMENT IS CONTINUED AND REESTABLISHED. FUNDS 14 appropriated to the department for the program shall be used to 15 provide grants for training programs. 16 (b) Department responsibilities.--The department shall do 17 all of the following: 18 (1) Administer the program. 19 (2) Review, approve and award grants to applicants in 20 accordance with sections 2904 and 2905. 21 (3) Enter into one or more partnerships with one or more 22 local education agencies or other training providers in 23 accordance with section 2907. 24 (4) Establish, at the beginning of each fiscal year, a 25 reserve not to exceed 25% of the funds appropriated to the 26 department for the program for the use of small business 27 applicants. Any uncommitted funds in the reserve after March 28 1 of any fiscal year may be made available to any applicant. 29 (5) Establish a private matching fund requirement for 30 applicants. The department shall establish the private 20020S1370B2080 - 12 -
1 matching fund requirement for applicants which are private 2 companies or labor organizations at not less than 25% of the 3 total eligible training project cost. The department may 4 establish different matching fund requirements for small 5 businesses and labor organizations. 6 Section 2903. Applications. 7 (a) Provisions of application.--An applicant may submit an 8 application to the department for a grant to fund a training 9 program in accordance with the following: 10 (1) If an application is submitted by an industrial 11 resource center or economic development organization, the 12 industrial resource center or economic development 13 organization may apply for a grant on behalf of a private 14 company, greenhouse or labor organization. An economic 15 development organization may not serve as the direct training 16 provider of the trainees. 17 (2) If an application is submitted by a local work force 18 investment board, the local work force investment board may 19 apply for a grant only on behalf of projects which promote 20 local education agency and private company partnerships or 21 private company and private company partnerships. 22 (3) If an application to train entry-level employees is 23 submitted by or on behalf of a private company, the applicant 24 shall demonstrate that the private company has contacted the 25 local work force investment board and the local county board 26 of assistance to solicit referrals of candidates for the 27 training program. 28 (4) If an application is submitted by any other person, 29 the application shall satisfy any requirements established by 30 the department. 20020S1370B2080 - 13 -
1 (b) Requirements of application.--An application shall: 2 (1) Demonstrate that the applicant considered other 3 available resources, including private sector funds, other 4 State or local agency training programs or funds made 5 available under the Workforce Investment Act of 1998 (Public 6 Law 105-200, 112 Stat. 936), or such other Federal programs 7 which provide funds for employment training. 8 (2) Contain a description of the proposed training or 9 instructional program to be carried out. 10 (3) Disclose if an applicant intends to contract with 11 other organizations or individuals for the provision of all 12 or a portion of the services to be provided and if disclosed, 13 a request to allocate a portion of the grant from the 14 applicant to the subcontractor. 15 (4) Include a written commitment from the applicant to 16 invest private matching funds in the training project. 17 Section 2904. Review of applications. 18 The department shall review an application and may request 19 from the applicant and its training provider such additional 20 information and records as it deems necessary to carry out its 21 responsibilities under this chapter. 22 Section 2905. Approval of applications and award of grants. 23 The department may approve and award grants to applicants in 24 accordance with all of the following: 25 (1) The department must find that the applicant has 26 satisfied the applicable matching fund requirement and that 27 the grant will be used by the applicant to provide training 28 or instruction only to Commonwealth residents. 29 (2) The department must find that the grant will result 30 in any of the following objectives: 20020S1370B2080 - 14 -
1 (i) The location or expansion of a private company 2 or greenhouse within this Commonwealth with the creation 3 of jobs paying competitive wages and the private company 4 or greenhouse making capital expenditures. 5 (ii) The expansion or upgrade of existing jobs which 6 result in increased wages for the jobs. 7 (iii) The retention of jobs in this Commonwealth 8 which would otherwise be lost. 9 (iv) The promotion of local education agency and 10 private company partnerships and private company and 11 private company partnerships if a direct connection 12 between the development of skills and subsequent 13 employment by one or more private companies can be 14 demonstrated. 15 (v) The promotion of efforts by a labor organization 16 to upgrade the skills of its members. 17 (3) The department shall give priority to those 18 applications which have any of the following characteristics: 19 (i) The application would establish a training 20 program determined by the department to be in a growth 21 industry vital to this Commonwealth's competitiveness. 22 These industries include: agribusiness, advanced 23 manufacturing, advanced materials, life sciences, 24 biotechnology and health care, environmental technology 25 and information technology. 26 (ii) The applicant is APPLICATION IS SUBMITTED ON <-- 27 BEHALF OF a private company or labor organization and is 28 located: 29 (A) in a municipality in which the average 30 unemployment rate in the most recently completed 20020S1370B2080 - 15 -
1 calendar year is above the Statewide average 2 unemployment rate for the same period; 3 (B) in a State-designated enterprise zone; or 4 (C) in a municipality or region which has 5 suffered a significant loss of jobs due to one or 6 more major plant closings, layoffs or natural or man- 7 made disaster. 8 (iii) The application is submitted by or on behalf 9 of a private company which plans to create 50 or more 10 jobs and which is making a capital investment of at least 11 $1,000,000. 12 (4) The department may determine that the grant will be 13 used by the applicant to reimburse the cost of training. 14 Costs may include instructional costs, costs of instructional 15 or training material or software, costs associated with 16 tuition reimbursement and reasonable administrative costs as 17 determined by the department. 18 Section 2906. Limitations. 19 (a) Department.--The department may not do any of the 20 following: 21 (1) Award grants under this chapter which in the 22 aggregate exceed the amount of the annual appropriations to 23 the department for the program. 24 (2) Award more than 10% of the funds appropriated to the 25 program in any one fiscal year to any one private company, 26 greenhouse or labor organization including any affiliates 27 thereof. 28 (3) Award a grant to or on behalf of any private company 29 or labor organization including any affiliates thereof, for 30 more than two successive fiscal years and for no more than 20020S1370B2080 - 16 -
1 three out of every five fiscal years. 2 (b) Recipients.--A recipient of a grant may not do any of 3 the following: 4 (1) Use a grant to do any of the following: 5 (i) Pay wages of trainees during training. 6 (ii) Pay any costs associated with building 7 construction or renovation or the acquisition, upgrade or 8 installation of equipment or machinery including computer 9 equipment. 10 (2) Use a grant to reduce the work force or displace 11 workers of a private company prior to the commencement of a 12 training program except because the introduction of new 13 manufacturing techniques, technology and modernization may 14 lead to short-term reductions in a private company's work 15 force. The secretary may waive this grant limitation if the 16 long-term economic benefits to be gained by the private 17 company significantly exceed the short-term detriment to its 18 work force. 19 (3) Use a grant to violate any conditions of an existing 20 collective bargaining agreement. 21 (4) Use a grant for point-of-sale retail job training. 22 Section 2907. Partnerships. 23 If the department determines that a training program is more 24 effectively delivered through a partnership, the department may 25 enter into partnership agreements with one or more local 26 education agencies or other training providers to provide the 27 training program. The training programs shall consist of basic 28 and entry-level skills, technology skill training, training 29 related to job retention or other specified training assistance. 30 Under a partnership arrangement, the department may limit the 20020S1370B2080 - 17 -
1 number and category of applicants which may submit applications 2 for assistance and may establish minimal standards and 3 requirements for project eligibility. These requirements may be 4 separate and distinct from the requirements established under 5 this chapter except that the provision of section 2906(b) 2906 <-- 6 shall apply to all training programs funded under this chapter. 7 Section 2908. Compliance with statutes and collective 8 bargaining agreements. 9 The department shall require each person receiving a grant 10 under this chapter to comply with applicable Federal and State 11 statutes governing employment discrimination, minority 12 recruitment, minimum or prevailing wages, work site safety and 13 procurement practices. The department shall require each private 14 company receiving a grant under this chapter to certify that its 15 training program does not abridge any contractual agreement 16 between the private company and the collective bargaining 17 representative of its employees. 18 Section 2909. Penalties and investigations. 19 (a) Private company.--Unless the department determines that 20 a private company's failure is due to circumstances outside the 21 control of the private company, the private company shall be 22 liable to repay all or part of the amount of a grant awarded 23 under this chapter if the private company does any of the 24 following: 25 (1) Fails to create the number of jobs specified in its 26 agreement with or commitment to the department. 27 (2) Fails to make the amount of capital investment 28 specified in the application to the department. 29 (3) Fails to substantially carry out the training 30 program approved by the department. 20020S1370B2080 - 18 -
1 (b) Applicants.--An applicant or subcontractor that fails to 2 provide for or to perform a training program approved by the 3 department may be required to repay to the department any funds 4 it received under a grant awarded by the department. 5 (c) Investigation.--Upon receiving any complaint from a 6 private company, greenhouse, labor organization or trainee as to 7 the inadequacy of training received, the department may initiate 8 an investigation and take appropriate action, including the 9 recovery of grant funds expended. 10 Section 5. Section 5105 of the act is amended to read: 11 Section 5105. Power and authority of the Pennsylvania Economic 12 Development Financing Authority. 13 In addition to the powers set forth in section 6.3 of the act 14 of August 23, 1967 (P.L.251, No.102), known as the Economic 15 Development Financing Law, the Pennsylvania Economic Development 16 Financing Authority established under that act shall have the 17 power and is hereby authorized to issue its limited obligation 18 revenue bonds and other types of financing, as in the judgment 19 of the financing authority shall be necessary, to provide 20 sufficient funds for any activity the department or the 21 Pennsylvania Industrial Development Authority is permitted to 22 take with respect to the loan portfolios subject to their 23 respective administrative authority [as set forth in section 24 1302]. Bonds authorized to be issued under this section shall 25 not be a debt or liability of the Commonwealth and shall not 26 create or constitute any indebtedness, liability or obligation 27 of the Commonwealth except to the extent the bonds are secured 28 by the pledge of loan portfolios. Bonds authorized to be issued 29 under this section shall be payable solely from the revenues or 30 funds pledged or available for their repayment. 20020S1370B2080 - 19 -
1 Section 6. The act of December 20, 1985 (P.L.492, No.116),
2 known as the Customized Job Training Act, is repealed.
3 SECTION 7. THE ADDITION OF CHAPTER 29 OF THE ACT SHALL BE <--
4 DEEMED A CONTINUATION OF THE PROGRAM AUTHORIZED BY THE FORMER
5 ACT OF DECEMBER 20, 1985 (P.L.492, NO.116), KNOWN AS THE
6 CUSTOMIZED JOB TRAINING ACT, AND, EXCEPT WHERE IN CONFLICT WITH
7 THE PROVISIONS OF THIS ACT, THE REGULATIONS PROMULGATED UNDER
8 THAT FORMER ACT SHALL REMAIN IN FORCE AND EFFECT UNTIL THEY ARE
9 AMENDED OR REPEALED IN ACCORDANCE WITH LAW.
10 Section 7 8. This act shall take effect immediately. <--
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