PRINTER'S NO. 2342
No. 1924 Session of 1993
INTRODUCED BY GORDNER, COY, DeWEESE, FAIRCHILD, BAKER, SCRIMENTI, LYNCH, MELIO, STERN, STAIRS, VEON, SURRA, KASUNIC, DALEY, HANNA, KING, BATTISTO, COLAIZZO, HUTCHINSON, MILLER, STABACK, FAJT AND BELFANTI, JUNE 23, 1993
REFERRED TO COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT, JUNE 23, 1993
AN ACT 1 Establishing a rural community-based economic development 2 program; providing for the creation of rural investment seed 3 capital funds; providing for duties of the Department of 4 Commerce; and making an appropriation. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Rural 9 Community-Based Economic Development Act. 10 Section 2. Legislative findings and declaration. 11 The General Assembly finds and declares that economic 12 development is essential to the health, safety and welfare of 13 all citizens of this Commonwealth. As such, it has been the 14 public policy of the Commonwealth to provide financial 15 assistance to municipalities and business enterprises in order 16 that they may undertake economic development activities. These 17 funds have also served to stimulate private investment in
1 economic development activities. The General Assembly recognizes 2 that the provision of financial assistance for economic 3 development purposes has been mostly urban oriented. Many 4 communities in rural areas of the Commonwealth have not 5 benefited from Statewide economic development programs. Although 6 economic development is increasingly dependent upon the 7 availability of small businesses to finance growth and trade 8 activities, many small businesses, especially those located in 9 rural areas, lack the capital necessary to initiate expansion 10 projects. This problem cannot be solved by the private sector 11 alone. Accordingly, the General Assembly declares that a program 12 directing financial assistance to rural community-based economic 13 development organizations will foster economic development. Such 14 a program will further serve to broaden and strengthen State and 15 local tax bases, provide meaningful employment opportunities, 16 ensure the retention of sustainable existing employment and, 17 thereby, enhance the quality of life for the citizens of rural 18 Pennsylvania. 19 Section 3. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Applicant." A local government agency or community-based 24 organization located in a rural county and eligible for 25 assistance under this act. 26 "Community-based organization." An organization located in a 27 rural county whose primary purpose is the promotion of economic 28 development activities and which agrees to administer technical 29 and financial assistance under the provisions of this act. The 30 term includes a county, a countywide economic development 19930H1924B2342 - 2 -
1 authority or any other nonprofit economic development 2 organization designated by the Department of Commerce. 3 "Department." The Department of Commerce of the 4 Commonwealth. 5 "Program." The rural community-based economic development 6 program provided for in this act. 7 "Rural county." Any county of this Commonwealth which, 8 according to the most recent Federal decennial census, has 50% 9 or more of its population classified as rural. 10 "Seed capital fund." A special investment vehicle which 11 provides equity and other capital to small businesses during the 12 earliest stages of business growth. 13 "Small business." An independently owned and operated for- 14 profit corporation, partnership or proprietorship which has 50 15 or less employees. 16 Section 4. Rural community-based economic development program. 17 (a) Establishment.--There is hereby established within the 18 department a rural community-based economic development program 19 for the purpose of providing financial assistance to community- 20 based organizations in order that they may promote and expand 21 their economic development activities. 22 (b) Application procedures.--A community-based organization 23 may submit an application to the department to participate in 24 the program at such time and in such manner as the department 25 may prescribe. The application shall include, but not be limited 26 to, the following: 27 (1) A description of the community-based organization 28 which will administer economic development activities. 29 (2) Justification of the need for Commonwealth 30 assistance in financing local economic development 19930H1924B2342 - 3 -
1 activities. 2 (3) Documentation that the county meets the eligibility 3 criteria specified in this act. 4 (4) An explanation of how the proposed economic 5 development activities will create new employment 6 opportunities or retain jobs. 7 (5) The existence of private or public matching funds. 8 (6) An outline of the county's economic development 9 plan, if a plan exists. 10 (c) Review of applications.--The department shall review 11 applications to ensure that proposals conform to eligible 12 activities and objectives of this act. In evaluating 13 applications for grants under this act, the department shall 14 consider the following criteria: 15 (1) The financial need of the county. 16 (2) The degree to which the proposed grant will create 17 jobs or expand business operations. 18 (3) The conformance of the proposed economic development 19 activities with areawide and local economic development 20 plans, if plans exist. 21 (4) The degree of economic distress in the rural county. 22 (5) Any other criteria as may be promulgated by the 23 department. 24 Section 5. Rural community-based economic development grants. 25 (a) Use of funds.--Community-based organizations receiving 26 grants shall use the funds in concert with local economic 27 development and business promotion organizations to perform the 28 following activities: 29 (1) To promote economic development activities on a 30 local level. 19930H1924B2342 - 4 -
1 (2) To provide financial assistance to small businesses 2 or entrepreneurs seeking to start or expand a small business 3 enterprise. 4 (3) To provide technical and management assistance to 5 entrepreneurs in the process of starting or expanding a small 6 business. 7 (4) To fund the operations of an existing small 8 business. 9 (5) The promotion and advertising of economic 10 development activities. 11 (6) Data collection, site inventories and local economic 12 development strategic plans. 13 (7) Other direct job creation and retention activities. 14 (b) Grant restrictions.--A community-based organization 15 receiving assistance under this act shall not expend grant funds 16 for any of the following: 17 (1) Activities which would affect the relocation of any 18 operations of the company from one area of this Commonwealth 19 to another unless the relocation is to a rural area or which 20 would result in the abandonment of any substantial operations 21 of the company within other areas of the Commonwealth unless 22 completion of the activity or operation of the facility is 23 reasonably necessary to prevent the relocation of any 24 substantial operations of the company from an area within 25 this Commonwealth to another state. 26 (2) To finance projects which would result in increased 27 production or availability of goods, materials or services 28 where sufficient capacity exists in the community to meet 29 current and future demands. 30 (c) Amount of grants.--A grant awarded under this section 19930H1924B2342 - 5 -
1 shall not exceed $500,000, and no more than one grant per county 2 shall be awarded in any one fiscal year. 3 (d) Notification of grant awards.--The department shall make 4 a decision on awarding the grant within 90 days after receipt of 5 the application and all supporting documentation from the 6 community-based organization and shall give written notification 7 of approval or disapproval of the application prior to awarding 8 of a grant. 9 Section 6. Rural investment seed capital funds. 10 (a) Creation.--The department or any agency designated by 11 the department is hereby authorized to award challenge grants 12 for the purpose of establishing rural investment seed capital 13 funds to assist small businesses in rural counties with economic 14 development projects which will create or retain jobs. 15 (b) Application.--Community-based organizations or other 16 organizations designated by the department and located in rural 17 counties may submit applications to receive challenge grants to 18 assist in establishing seed capital funds. Each application 19 shall: 20 (1) Describe the purposes of the seed capital fund, 21 including the types of businesses to receive investments and 22 the types of investments to be made. 23 (2) Contain a description of the community-based 24 organization which will establish and administer the seed 25 fund. 26 (3) Explain the need for the challenge grant in 27 attracting private investment to the proposed seed capital 28 fund. 29 (4) Outline a plan for establishing the proposed seed 30 capital fund, including the amount of private investment 19930H1924B2342 - 6 -
1 sought and the strategy for obtaining the investments. 2 (5) Outline private investment commitments obtained to 3 date, if any commitments have been made. 4 (c) Use of funds.--The department shall award challenge 5 grants to eligible applicants following approval of grant 6 applications. Applicants receiving grants shall not expend any 7 grant proceeds unless and until the following conditions are 8 agreed to or satisfied: 9 (1) At least $1 of private investment has been committed 10 to the proposed seed capital fund for every $1 of the 11 challenge grant awarded and at least $1.5 million of total 12 investments, including the challenge grant, has been 13 committed to the seed fund. No investment shall be made from 14 the seed capital fund without an equal or greater investment 15 from private sources, other than the fund, in the same small 16 business project. 17 (2) Investments from the seed capital fund will be made 18 exclusively in small businesses located in rural counties of 19 this Commonwealth for the purpose of starting or expanding a 20 small business enterprise. For the purposes of this section, 21 small businesses may include enterprises of a mercantile or 22 service-related nature. 23 (3) Total investments in a small business using seed 24 capital funds shall not exceed $500,000 during any round of 25 financing for a small business. 26 (4) Applicants receiving challenge grants under this 27 section shall serve as limited partners or coinvestors with 28 limited liability in the proposed seed capital fund and 29 returns on investments of challenge grant funds shall be 30 reinvested in the seed capital fund. 19930H1924B2342 - 7 -
1 Section 7. Duties of department. 2 The department shall have the following duties: 3 (1) To provide comprehensive technical and financial 4 assistance to rural-based local public, private and nonprofit 5 agencies in order to facilitate the planning and 6 implementation of rural community-based economic development 7 projects. 8 (2) To provide community-based organizations with 9 information on available Federal and State programs which may 10 be of assistance to improving job opportunities and general 11 economic conditions in rural areas of this Commonwealth. 12 (3) To coordinate Federal and State economic development 13 programs on behalf of rural agencies, both public and 14 private, to ensure that the needs of rural areas of this 15 Commonwealth are adequately and effectively addressed and, to 16 the extent possible, serve as the single source for rural 17 agencies seeking economic development assistance from the 18 Commonwealth. 19 (4) To administer the seed capital fund grant program. 20 (5) To make grants to eligible applicants for economic 21 development activities and award seed capital challenge 22 grants in accordance with the provisions of this act. 23 (6) To ensure that grant recipients meet the conditions 24 specified in this act. 25 (7) To receive and evaluate annual reports from grant 26 recipients. The reports shall include, but not be limited to, 27 a description of how grant proceeds were used, the names and 28 locations of small businesses and other entities receiving 29 assistance under the rural community-based economic 30 development grants program and the number of jobs created or 19930H1924B2342 - 8 -
1 retained as a result of the program. 2 (8) To receive and evaluate annual reports for 3 recipients of rural investment seed capital grants. These 4 reports shall include, but not be limited to, the policies 5 and procedures of the seed capital fund, the amount of 6 private investment to date and the number, types and amounts 7 of investment in small businesses by the fund. 8 (9) To provide an annual report to the General Assembly 9 which shall include, but not be limited to: 10 (i) The number of applications received and the 11 number approved for rural community-based economic 12 development grants. 13 (ii) The number of jobs created or retained as a 14 result of the rural community-based economic development 15 grant program. 16 (iii) A list, including the location, of the 17 applicants who received rural community-based economic 18 development grants. 19 (iv) A description of the economic development 20 activities initiated by grant recipients. 21 (v) The number of seed capital funds established 22 with challenge grants, the amount of private investment 23 in the funds and the number, types and amounts of 24 investments in small businesses by the funds. 25 Section 8. Funding. 26 Rural community-based economic development grants and seed 27 fund challenge grants shall be made to the extent that funds are 28 appropriated by the General Assembly to the Department of 29 Commerce for implementation of the provisions of this act. 30 Section 9. Regulations. 19930H1924B2342 - 9 -
1 The department shall promulgate rules and regulations 2 necessary to carry out the provisions of this act. 3 Section 10. Effective date. 4 This act shall take effect in 60 days. F18L12JLW/19930H1924B2342 - 10 -