SENATE AMENDED
        PRIOR PRINTER'S NO. 2870                      PRINTER'S NO. 3807

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2103 Session of 1986


        INTRODUCED BY YANDRISEVITS, MANDERINO, IRVIS, PIEVSKY, ITKIN,
           DOMBROWSKI, D. R. WRIGHT, SEVENTY, PETRONE, GRUITZA, LLOYD,
           CAWLEY, VEON, COWELL, STABACK, BELFANTI, CALTAGIRONE, TRELLO,
           PETRARCA, VAN HORNE, COLE, DeLUCA, FREEMAN, GRUPPO, STEWART,
           CAPPABIANCA, KASUNIC, TELEK, MRKONIC, WAMBACH, GEORGE,
           LINTON, LUCYK, LESCOVITZ, McCALL, DUFFY, MICHLOVIC, WOZNIAK,
           MORRIS, BATTISTO, COLAFELLA, PRESTON, STEIGHNER, GALLAGHER,
           COY, DEAL, OLASZ, MAYERNIK AND RUDY, FEBRUARY 4, 1986

        SENATOR SHAFFER, COMMUNITY AND ECONOMIC DEVELOPMENT, IN SENATE,
           AS AMENDED, JUNE 26, 1986

                                     AN ACT

     1  Establishing a program to coordinate efforts to revitalize        <--
     2     distressed industries; providing for an analysis of eligible
     3     industries and for reports; and making an appropriation.
     4  ESTABLISHING A PROGRAM WITHIN THE DEPARTMENT OF COMMERCE TO       <--
     5     PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO MANUFACTURERS
     6     TO ENABLE THEM TO REMAIN TECHNOLOGICALLY COMPETITIVE IN THEIR
     7     FIELDS; PROVIDING FUNDS FOR TECHNOLOGY ASSESSMENTS AND
     8     PROFESSIONAL SERVICES, AND LOANS FOR TECHNOLOGICAL
     9     IMPROVEMENTS; AND CONDUCTING TECHNOLOGY INFORMATION OUTREACH.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12  Section 1.  Short title.                                          <--
    13     This act shall be known and may be cited as the Distressed
    14  Industry Assistance Act.
    15  Section 2.  Legislative findings and intent.
    16     (a)  Findings.--The General Assembly finds and declares that:
    17         (1)  There exists within this Commonwealth certain


     1     industries which have, in the past, employed many more
     2     citizens of this Commonwealth than they do today.
     3         (2)  This decline in employment in these industries has
     4     created hardship to individuals and families due to long-term
     5     unemployment and underemployment.
     6         (3)  The continued, unchecked decline of these industries
     7     will cause greater and greater hardship on even more
     8     Commonwealth citizens.
     9         (4)  While the decline of many of these industries cannot
    10     be stemmed by the action of State government, it has been
    11     found that a minimal amount of assistance, particularly for
    12     modernization of machinery, may save many jobs and possibly
    13     create many more.
    14     (b)  Legislative intent.--It is the intent of the General
    15  Assembly to provide a program that will coordinate efforts to
    16  revitalize those distressed industries within this Commonwealth
    17  through the targeting of State assistance to industries which
    18  are found to be in a position where State aid will enable the
    19  industry to continue to expand within this Commonwealth.
    20  Section 3.  Definitions.
    21     The following words and phrases when used in this act shall
    22  have the meanings given to them in this section unless the
    23  context clearly indicates otherwise:
    24     "Board."  The Pennsylvania Economic and Infrastructure
    25  Development Board established by the act of     (P.L.  , No.  ).
    26     "Distressed industry."  An industry with a standard
    27  industrial classification of two, three or four digits as
    28  created and updated by the Federal Department of Labor, which
    29  has had an employment decline of at least 15% in the most recent
    30  ten years for which data is available.
    19860H2103B3807                  - 2 -

     1  Section 4.  Establishment of program.
     2     There is hereby established, under the direction of the
     3  board, a program to be known as the Distressed Industry Aid
     4  Program, for the purpose of analyzing industries to determine
     5  whether State aid can make a difference in the viability of that
     6  industry in Pennsylvania.
     7  Section 5.  Industry selection.
     8     (a)  Selection of eligible industries.--The board shall
     9  create a list of all industries whose employment loss will
    10  qualify the industry for inclusion as a distressed industry. The
    11  list shall also contain the number of plant sites in each
    12  classification and an estimate of the number of vacant plant
    13  sites within this Commonwealth which, if still in operation,
    14  would be considered part of that particular classification. The
    15  Department of Labor and Industry and the Department of Commerce
    16  shall provide the board with any assistance and data requested
    17  by the board.
    18     (b)  Analysis of eligible industries.--The board shall
    19  analyze the list of eligible industries to determine those which
    20  should be targeted for State aid by using the following
    21  criteria:
    22         (1)  Interest shown by either labor organizations,
    23     management or management organizations in the program.
    24         (2)  The size of capital needed to modernize, retool or
    25     otherwise change in order to remain or expand within this
    26     Commonwealth.
    27         (3)  The market viability of the particular product.
    28         (4)  The past history of the industry, including past
    29     attempts at capital formation and the results.
    30         (5)  The number of citizens of this Commonwealth who are
    19860H2103B3807                  - 3 -

     1     unemployed or underemployed and have the skills necessary, or
     2     whose skill can be easily upgraded, to work in the particular
     3     industry.
     4     (c)  Consultation and contracts.--In determining the list of
     5  targeted industries the board shall consult members of the
     6  industry, academics and any other persons acquainted with the
     7  problems of the industry. The board may also contract with
     8  experts in the particular industry from within or outside this
     9  Commonwealth for the purpose of performing market and economic
    10  research aimed at assessing the viability of the particular
    11  industry in Pennsylvania.
    12  Section 6.  Final determination.
    13     If the board determines that an industry can be made more
    14  competitive, the board shall forward the recommendation, along
    15  with supporting documentation, to the Governor, the Secretary of
    16  the Senate and the Chief Clerk of the House of Representatives.
    17  The recommendation shall include suggestions for the type of new
    18  program or law, or changes to the old program or law, that will
    19  be necessary to assist the industry.
    20  Section 7.  Yearly report.
    21     By March 1 of each year the board shall provide a written
    22  report of the assistance provided under this act to the
    23  Governor, the Secretary of the Senate and the Chief Clerk of the
    24  House of Representatives. This report shall contain, at a
    25  minimum, the following:
    26         (1)  The list of eligible industries.
    27         (2)  A list of those industries analyzed, but not
    28     recommended for assistance, and supporting documentation for
    29     this decision.
    30         (3)  Recommendations for changes to this and any other
    19860H2103B3807                  - 4 -

     1     State economic development program.
     2  Section 8.  Appropriation.
     3     The sum of $500,000 is hereby appropriated from the
     4  Pennsylvania Economic Revitalization Fund to the Pennsylvania
     5  Economic and Infrastructure Development Board for the fiscal
     6  year July 1, 1986, to June 30, 1987, for determining industries
     7  to be targeted for State assistance as specified in this act.
     8  Section 9.  Effective date.
     9     This act shall take effect immediately.
    10  SECTION 1.  SHORT TITLE.                                          <--
    11     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE TECHNOLOGY
    12  ASSESSMENT PROGRAM ACT.
    13  SECTION 2.  DECLARATION OF POLICY.
    14     IT IS HEREBY DETERMINED AND DECLARED THAT:
    15         (1)  EXISTING BUSINESSES ARE THE PRIMARY SOURCE OF
    16     PRESENT EMPLOYMENT IN THIS COMMONWEALTH AND WILL ALSO BE A
    17     MAJOR SOURCE OF EMPLOYMENT IN THE FUTURE.
    18         (2)  IN ORDER FOR BUSINESSES TO REMAIN IN THIS
    19     COMMONWEALTH AND GROW, THEY MUST BE COMPETITIVE WITH OTHER
    20     COMPANIES IN THEIR INDUSTRY.
    21         (3)  EXISTING BUSINESSES CAN OFTEN USE NEW MANUFACTURING
    22     TECHNOLOGIES TO IMPROVE THEIR ABILITY TO COMPETE WITH FOREIGN
    23     COMPANIES AND COMPANIES IN OTHER STATES.
    24         (4)  RESOURCES AND EXPERTISE TO IDENTIFY TECHNOLOGICAL
    25     IMPROVEMENTS THAT WILL ENHANCE COMPETITIVENESS ARE NOT
    26     READILY AVAILABLE TO MANY COMPANIES, PARTICULARLY SMALLER
    27     MANUFACTURING FIRMS.
    28         (5)  BUSINESSES SEEKING IMPROVEMENTS IN THEIR
    29     COMPETITIVENESS THROUGH THE USE OF NEWER TECHNOLOGIES MAY
    30     NEED ASSISTANCE IN FINANCING THE IMPROVEMENTS.
    19860H2103B3807                  - 5 -

     1  SECTION 3.  DEFINITIONS.
     2     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
     3  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     4  CONTEXT CLEARLY INDICATES OTHERWISE:
     5     "DEPARTMENT."  THE DEPARTMENT OF COMMERCE OF THE
     6  COMMONWEALTH.
     7     "LOCAL ADMINISTRATIVE AGENCY."  AN ORGANIZATION WHICH ENTERS
     8  INTO A WRITTEN AGREEMENT WITH THE DEPARTMENT TO ADMINISTER
     9  FINANCING ASSISTANCE PURSUANT TO THIS ACT, INCLUDING A
    10  MUNICIPALITY, A COUNTY, A LOCAL DEVELOPMENT DISTRICT OF THE
    11  APPALACHIAN REGIONAL COMMISSION, AN INDUSTRIAL DEVELOPMENT
    12  CORPORATION ORGANIZED AND EXISTING UNDER THE ACT OF MAY 17, 1956
    13  (1955 P.L.1609, NO.537), KNOWN AS THE PENNSYLVANIA INDUSTRIAL
    14  DEVELOPMENT AUTHORITY ACT, OR ANY OTHER NONPROFIT ECONOMIC
    15  DEVELOPMENT ORGANIZATION DESIGNATED BY THE SECRETARY.
    16     "MANUFACTURING FIRM."  AN ENTERPRISE ENGAGED IN GIVING NEW
    17  SHAPES, NEW QUALITIES OR NEW COMBINATIONS TO MATTER BY THE
    18  APPLICATION OF SKILL AND LABOR.
    19     "PROFESSIONAL SERVICES."  DETAILED TECHNICAL AND MANAGEMENT
    20  SERVICES, PROVIDED BY CONSULTANTS, THAT ASSIST A MANUFACTURING
    21  FIRM IN IMPLEMENTING TECHNOLOGY ASSESSMENTS.
    22     "SECRETARY."  THE SECRETARY OF COMMERCE OF THE COMMONWEALTH.
    23     "SMALL BUSINESS."  A PARTICULAR CORPORATION, PARTNERSHIP OR
    24  PROPRIETORSHIP WHICH, TOGETHER WITH ITS PARENTS, AFFILIATES AND
    25  SUBSIDIARIES, EMPLOYS, IN THE AGGREGATE, LESS THAN 50 FULL-TIME
    26  EMPLOYEES.
    27     "TECHNOLOGY ASSESSMENT."  AN ONSITE ANALYSIS OF THE LEVEL OF
    28  ADVANCED MANUFACTURING PROCESSES USED BY A FIRM IN COMPARISON TO
    29  THAT USED BY OTHER FIRMS, BOTH DOMESTIC AND FOREIGN, IN THE
    30  INDUSTRY. AREAS EXAMINED WITHIN A FIRM MAY INCLUDE, BUT ARE NOT
    19860H2103B3807                  - 6 -

     1  LIMITED TO, OFFICE AND ADMINISTRATION, ENGINEERING, DATA
     2  PROCESSING, SALES AND MARKETING, ACCOUNTING, PRODUCTION PLANNING
     3  AND INVENTORY CONTROL, MANUFACTURING, WAREHOUSING, SHIPPING AND
     4  RECEIVING.
     5     "TECHNOLOGY ASSESSMENT SPONSOR."  AN ORGANIZATION THAT ENTERS
     6  INTO A WRITTEN AGREEMENT WITH THE DEPARTMENT TO ADMINISTER
     7  TECHNICAL ASSISTANCE PURSUANT TO THIS ACT, INCLUDING AN ACADEMIC
     8  INSTITUTION, A LOCAL DEVELOPMENT DISTRICT OF THE APPALACHIAN
     9  REGIONAL COMMISSION, AN ASSOCIATION OF MANUFACTURERS, AND ANY
    10  OTHER PRIVATE FOR-PROFIT OR NONPROFIT ORGANIZATION OR GROUP OF
    11  SUCH ORGANIZATIONS.
    12  SECTION 4.  PURPOSE.
    13     IT IS THE PURPOSE OF THIS ACT TO PROVIDE ASSISTANCE TO
    14  PENNSYLVANIA MANUFACTURERS TO REMAIN TECHNOLOGICALLY COMPETITIVE
    15  AND, IN TURN, RETAIN OR INCREASE THEIR SHARE OF THE MARKET BY
    16  LOWERING COSTS THROUGH THE INTRODUCTION AND USE OF MORE
    17  EFFICIENT PRODUCTION TECHNIQUES OR NEWER TECHNOLOGIES. ADVANCED
    18  MANUFACTURING TECHNOLOGIES ARE OFTEN AVAILABLE TO PENNSYLVANIA
    19  FIRMS BUT MAY NOT BE ADOPTED FOR A VARIETY OF REASONS, INCLUDING
    20  LACK OF INFORMATION, COMPLEXITY, NEAR-TERM CORPORATE PLANNING
    21  HORIZON, AND LIMITED AVAILABILITY OF AFFORDABLE FINANCING.
    22  SECTION 5.  TECHNOLOGY ASSESSMENT PROGRAM ESTABLISHMENT.
    23     THERE IS HEREBY ESTABLISHED, UNDER THE DIRECTION OF THE
    24  DEPARTMENT, A PROGRAM TO BE KNOWN AS THE TECHNOLOGY ASSESSMENT
    25  PROGRAM.
    26  SECTION 6.  TECHNOLOGY ASSESSMENTS GRANTS.
    27     (A)  USE OF TECHNOLOGY ASSESSMENT SPONSORS.--THE DEPARTMENT
    28  IS AUTHORIZED TO MAKE GRANTS AND ENTER INTO CONTRACTS WITH
    29  TECHNOLOGY ASSESSMENT SPONSORS TO PERFORM TECHNOLOGY ASSESSMENTS
    30  AND PROVIDE PROFESSIONAL SERVICES REQUESTED BY INDIVIDUAL
    19860H2103B3807                  - 7 -

     1  MANUFACTURING FIRMS IN THIS COMMONWEALTH. THE DEPARTMENT SHALL
     2  ISSUE ONE OR MORE REQUESTS FOR PROPOSALS (RFP) TO CONTRACT WITH
     3  TECHNOLOGY ASSESSMENT SPONSORS TO PROVIDE TECHNOLOGY ASSESSMENTS
     4  AND PROFESSIONAL SERVICES. THE APPLICATIONS SHALL BE RESPONSIVE
     5  TO THE RFP AND CONTAIN, AT A MINIMUM:
     6         (1)  THE NAME OF THE ORGANIZATION WHICH WILL CONDUCT THE
     7     TECHNOLOGY ASSESSMENTS AND PROVIDE PROFESSIONAL SERVICES AND
     8     A DESCRIPTION OF THE PRIOR EXPERIENCE OF THE ORGANIZATION AND
     9     ITS EMPLOYEES AND CONSULTANTS IN CONDUCTING TECHNOLOGY
    10     ASSESSMENTS, ITS FAMILIARITY WITH THE MANUFACTURING FIELDS TO
    11     BE EXAMINED AND A DISCLOSURE OF ANY POTENTIAL CONFLICT OF
    12     INTEREST WITH MACHINERY AND EQUIPMENT SUPPLIERS THAT MIGHT BE
    13     RECOMMENDED AS AN OUTCOME OF TECHNOLOGY ASSESSMENTS.
    14         (2)  THE TYPES OF FIRMS AND LOCATIONS OF THE FACILITIES
    15     THAT WILL BE PROVIDED TECHNOLOGY ASSESSMENTS.
    16     (B)  ELIGIBILITY.--FOR-PROFIT MANUFACTURING FIRMS LOCATED IN
    17  THIS COMMONWEALTH MAY REQUEST TECHNOLOGY ASSESSMENT SPONSORS TO
    18  CONDUCT TECHNOLOGY ASSESSMENTS AND PROVIDE PROFESSIONAL
    19  SERVICES. THE DEPARTMENT MAY ESTABLISH PRIORITIES FOR SPONSORS
    20  TO USE IN PROVIDING SUCH SERVICES.
    21     (C)  USES.--TECHNOLOGY ASSESSMENT SPONSORS MAY PROVIDE THE
    22  FOLLOWING SERVICES:
    23         (1)  CONDUCT TECHNOLOGY ASSESSMENTS AND PREPARE
    24     TECHNOLOGY IMPLEMENTATION PLANS FOR INDIVIDUAL FIRMS. AT A
    25     MINIMUM, THIS TECHNOLOGY ASSESSMENT SHOULD:
    26             (I)  ANALYZE THE CURRENT LEVEL OF TECHNOLOGY USED IN
    27         THE FIRM.
    28             (II)  COMPARE THE LEVEL OF TECHNOLOGY USED BY THE
    29         FIRM WITH THAT USED BY ITS DOMESTIC AND FOREIGN
    30         COMPETITORS.
    19860H2103B3807                  - 8 -

     1             (III)  MAKE RECOMMENDATIONS ON THE ALTERNATIVE TYPES
     2         OF ADVANCED TECHNOLOGIES THAT COULD BE USED IN THE FIRM'S
     3         FACILITIES.
     4             (IV)  DEVELOP WITH THE FIRM A LONG-RANGE PLAN FOR THE
     5         APPROPRIATE INCORPORATION OF ADVANCED TECHNOLOGY INTO THE
     6         FIRM, INCLUDING IDENTIFICATION OF SPECIFIC EQUIPMENT
     7         NEEDS.
     8         (2)  PROVIDE PROFESSIONAL SERVICES TO IMPLEMENT THE
     9     TECHNOLOGY ASSESSMENT, INCLUDING:
    10             (I)  ASSISTING THE FIRM TO CONDUCT FEASIBILITY
    11         STUDIES FOR THE IMPLEMENTATION OF ADVANCED TECHNOLOGY
    12         INTO THE FIRM.
    13             (II)  ASSISTING THE FIRM TO SECURE FINANCING TO
    14         ACQUIRE AND INSTALL NEW SYSTEMS.
    15     (D)  NOTIFICATION OF POTENTIAL CONFLICT OF INTEREST.--IT
    16  SHALL BE THE DUTY OF EACH TECHNOLOGY ASSESSMENT SPONSOR TO
    17  NOTIFY THE FIRM FOR WHICH IT PROVIDES SERVICES OF ANY
    18  RELATIONSHIP THAT IT, OR ANY OWNER OF THE SPONSOR, MAY HAVE WITH
    19  A PROVIDER OF TECHNOLOGY THAT MIGHT BE PART OF A PLAN,
    20  RECOMMENDATION OR ANY OTHER SERVICE PROVIDED BY THE SPONSOR
    21  PURSUANT TO THIS ACT. FAILURE TO PROVIDE SUCH INFORMATION SHALL
    22  BE GROUNDS FOR THE DEPARTMENT TO VOID ITS CONTRACT WITH THE
    23  SPONSOR.
    24  SECTION 7.  TECHNOLOGY IMPROVEMENT FINANCING.
    25     (A)  AUTHORIZATION TO ADVANCE FUNDS.--THE DEPARTMENT IS
    26  AUTHORIZED TO ADVANCE FUNDS TO LOCAL ADMINISTRATIVE AGENCIES FOR
    27  THE PURPOSE OF PROVIDING LOANS TO INDUSTRIAL AND MANUFACTURING
    28  ENTERPRISES, AS DEFINED IN SECTION 3 OF THE ACT OF MAY 17, 1956
    29  (1955 P.L.1609, NO.537), KNOWN AS THE PENNSYLVANIA INDUSTRIAL
    30  DEVELOPMENT AUTHORITY ACT, FOR IMPROVING THE TECHNOLOGY LEVEL OF
    19860H2103B3807                  - 9 -

     1  SUCH ENTERPRISES.
     2     (B)  USES.--
     3         (1)  ELIGIBLE PROJECT COSTS SHALL BE LIMITED TO THE
     4     PURCHASE, UPGRADING AND INSTALLATION OF MACHINERY AND
     5     EQUIPMENT.
     6         (2)  LOANS MAY BE MADE IN AN AMOUNT NOT EXCEED 50% OF THE
     7     ELIGIBLE PROJECT COSTS, OR $500,000, WHICHEVER IS LESS,
     8     PROVIDED THAT NO LOANS SHALL BE MADE WHICH EXCEED $15,000 FOR
     9     EACH JOB CREATED OR RETAINED BY THE PROJECT.
    10         (3)  LOCAL ADMINISTRATIVE AGENCIES MAY ESTABLISH AND
    11     CHARGE REASONABLE FEES FOR PROCESSING LOANS, WITH THE
    12     APPROVAL OF THE SECRETARY.
    13         (4)  ALL LOANS SHALL BE SECURED BY LIEN POSITIONS ON
    14     COLLATERAL AT THE HIGHEST LEVEL OF PRIORITY WHICH CAN
    15     ACCOMMODATE THE BORROWER'S ABILITY TO RAISE SUFFICIENT DEBT
    16     AND EQUITY CAPITAL AND BE MADE FOR SUCH A PERIOD AND SHALL
    17     BEAR SUCH INTEREST RATE AS MAY BE DETERMINED BY THE
    18     SECRETARY.
    19         (5)  A TECHNOLOGY ASSESSMENT AS PROVIDED IN SECTION 6, OR
    20     AN EQUIVALENT DOCUMENT DEMONSTRATING A SUBSTANTIAL PROSPECT
    21     FOR JOB RETENTION OR FUTURE JOB GROWTH, IS REQUIRED TO
    22     RECEIVE A LOAN. GENERAL ADHERENCE TO THE PLAN RESULTING FROM
    23     THE TECHNOLOGY ASSESSMENT IS REQUIRED TO RECEIVE FUNDING.
    24         (6)  NO LOANS SHALL BE MADE WHICH WOULD DO ANY OF THE
    25     FOLLOWING:
    26             (I)  CAUSE, AID OR ASSIST IN, DIRECTLY OR INDIRECTLY,
    27         THE RELOCATION OF ANY BUSINESS OPERATIONS FROM ONE PART
    28         OF THIS COMMONWEALTH TO ANOTHER, UNLESS THERE IS AT LEAST
    29         A 25% INCREASE IN NET EMPLOYMENT.
    30             (II)  SUPPLANT FUNDING THAT IS OTHERWISE AVAILABLE
    19860H2103B3807                 - 10 -

     1         EXPEDITIOUSLY FROM PRIVATE SECTOR SOURCES ON COMMERCIALLY
     2         REASONABLE TERMS.
     3             (III)  BE FOR THE PURPOSE OF REFINANCING ANY PORTION
     4         OF THE TOTAL PROJECT COST OR OTHER EXISTING LOANS OR
     5         DEBT.
     6             (IV)  BE FOR THE PURPOSE OF FINANCING PROJECTS
     7         LOCATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THIS
     8         COMMONWEALTH.
     9             (V)  BE FOR THE PURPOSE OF PAYING OFF AN EXISTING
    10         CREDITOR.
    11             (VI)  PROVIDE FUNDS, DIRECTLY OR INDIRECTLY, FOR
    12         PAYMENT, DISTRIBUTION OR AS A LOAN TO OWNERS, PARTNERS OR
    13         SHAREHOLDERS OF THE SMALL BUSINESS ENTERPRISE, EXCEPT AS
    14         ORDINARY COMPENSATION FOR SERVICES RENDERED.
    15             (VII)  BE FOR THE PURPOSE OF REPAYING A DEBT OWED TO
    16         A SMALL BUSINESS INVESTMENT COMPANY.
    17             (VIII)  PROVIDE FUNDS FOR SPECULATION IN ANY KIND OF
    18         PROPERTY, REAL OR PERSONAL, TANGIBLE OR INTANGIBLE.
    19  SECTION 8.  CRITERIA FOR EVALUATING LOAN APPLICATIONS.
    20     THE LOCAL ADMINISTRATIVE AGENCIES AND THE DEPARTMENT SHALL
    21  EVALUATE APPLICATIONS FOR TECHNOLOGY IMPROVEMENT FINANCING BASED
    22  ON THE FOLLOWING CRITERIA:
    23         (1)  NUMBER OF JOBS RETAINED OR CREATED IN RELATION TO
    24     THE SIZE OF THE LOAN.
    25         (2)  ABILITY OF THE APPLICANT TO REPAY THE LOAN AND THE
    26     LIKELIHOOD OF RETAINING OR CREATING JOBS.
    27         (3)  EVIDENCE OF OTHER PRIVATE FINANCIAL COMMITMENTS.
    28         (4)  THE EXTENT TO WHICH A FIRM EMPLOYS A SIGNIFICANT
    29     NUMBER OF EMPLOYEES OR REPRESENTS A SIGNIFICANT PORTION OF
    30     EMPLOYMENT IN THE COMMUNITY.
    19860H2103B3807                 - 11 -

     1         (5)  RELEVANT CRIMINAL AND CREDIT HISTORY AND RATINGS OF
     2     THE APPLICANT AS DETERMINED FROM OUTSIDE CREDIT REPORTING
     3     SERVICES AND OTHER SOURCES.
     4         (6)  THE EXTENT TO WHICH THE INVESTMENT SIGNIFICANTLY
     5     IMPROVES THE LEVEL OF TECHNOLOGY UTILIZED IN THE APPLICANT
     6     FIRM.
     7         (7)  THE EXTENT TO WHICH ASSISTANCE REQUESTED WILL
     8     IMPROVE THE COMPETITIVENESS OF MANUFACTURING PROCESSES OF THE
     9     FIRM.
    10         (8)  EVIDENCE THAT PRIVATE FINANCING IS NOT AVAILABLE AT
    11     RATES OR TERMS SUFFICIENT TO MAKE THE PROJECT VIABLE.
    12         (9)  PREFERENCE SHALL BE GIVEN TO SMALL BUSINESSES.
    13         (10)  ANY ADDITIONAL CRITERIA SPECIFIED BY THE
    14     DEPARTMENT.
    15  SECTION 9.  TECHNOLOGY INFORMATION OUTREACH.
    16     (A)  INFORMATION .--THE DEPARTMENT SHALL INFORM PENNSYLVANIA
    17  MANUFACTURING FIRMS ABOUT THE TECHNOLOGY ASSESSMENT PROGRAM IN
    18  THE MANNER DEEMED MOST APPROPRIATE. THE DEPARTMENT SHALL ALSO
    19  DEVELOP A PROGRAM TO INFORM MANUFACTURING FIRMS OF THE BENEFITS
    20  OF INCORPORATING ADVANCED TECHNOLOGY PROCESSES INTO PRODUCTION
    21  AND MANAGEMENT SYSTEMS, AND ENCOURAGE FIRMS TO ADOPT TECHNOLOGY
    22  ENHANCEMENT INVESTMENTS TO IMPROVE THEIR COMPETITIVE POSITION.
    23     (B)  FUNDING.--UP TO $50,000 OF THE FUNDS APPROPRIATED FOR
    24  THE TECHNOLOGY ASSESSMENT PROGRAM MAY BE USED FOR CONTRACTS TO
    25  IMPLEMENT THIS SECTION.
    26  SECTION 10.  ADDITIONAL POWERS AND DUTIES OF DEPARTMENT.
    27     THE DEPARTMENT MAY PRESCRIBE APPLICATION FORMS, PROMULGATE
    28  AND PUBLISH PROGRAM MANUALS AND PROCEDURES, REQUEST INFORMATION
    29  AND PROMULGATE SUCH RULES, REGULATIONS, STATEMENTS OF POLICY AND
    30  GUIDELINES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF
    19860H2103B3807                 - 12 -

     1  THIS ACT.
     2  SECTION 11.  EFFECTIVE DATE.
     3     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.


















    A28L12CHF/19860H2103B3807       - 13 -