HOUSE AMENDED
PRIOR PRINTER'S NOS. 1016, 1097 PRINTER'S NO. 1237
No. 877 Session of 2001
INTRODUCED BY DENT, PUNT, COSTA, ERICKSON, WAUGH, GERLACH,
CORMAN, BELL, ORIE, KUKOVICH, LOGAN, WENGER, LEMMOND
AND THOMPSON, MAY 17, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 20, 2001
AN ACT
1 Establishing industrial resource centers within the Department
2 of Community and Economic Development.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Industrial
7 Resources Center Partnership Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Advisory board." The Industrial Resource Center Strategic
13 Advisory Board established in section 9.
14 "Commonwealth manufacturing company." A Pennsylvania
15 manufacturing company.
16 "Department." The Department of Community and Economic
1 Development of the Commonwealth.
2 "Industrial resource center" or "center." A nonprofit
3 corporation, incorporated for the purposes of enhancing and
4 supporting the competitive ability of Commonwealth manufacturers
5 by helping them to identify, assess, select, implement and
6 optimize techniques and technologies.
7 "Manufacturing." The giving of new shapes, new qualities or
8 new combinations to matter by the application of skill and labor
9 thereto.
10 "Private sector funds." Monetary or in-kind support from
11 private businesses, corporations, individuals, trade
12 associations, foundations, federally and locally supported grant
13 programs and other non-Commonwealth sources.
14 "Secretary." The Secretary of Community and Economic
15 Development of the Commonwealth.
16 Section 3. Powers and duties of department.
17 The department shall have the following powers and duties:
18 (1) To take responsibility for overall funding
19 allocation, direct policy development and foster coordination
20 among the industrial resource centers.
21 (2) To monitor the development of State and regional
22 plans to advance the economy of this Commonwealth in relation
23 to manufacturing performance and to promote collaboration
24 between regional entities and Commonwealth agencies in the
25 preparation and execution of such plans.
26 (3) To encourage and assist efforts to identify and
27 pursue Federal and other funding opportunities, particularly
28 those leading to or supporting Statewide strategic
29 initiatives.
30 (4) To establish guidelines and regulations dealing with
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1 the program as it is deemed appropriate and consistent.
2 (5) To establish criteria for and select and certify
3 nonprofit corporations as industrial resource centers.
4 (6) To review the financial and disclosure information
5 submitted by the centers and insure that independent audits
6 and regional board oversight are in place which should
7 reasonably be able to detect and respond to any matters of
8 impropriety at the centers.
9 Section 4. Industrial resource centers.
10 An industrial resource center shall:
11 (1) Serve manufacturing industries in this Commonwealth.
12 (2) Work with companies, such as engineering design,
13 software engineering, accounting, educational corporations
14 and institutions and distribution centers, to help specific
15 manufacturing firms serviced by those companies that
16 modernize their manufacturing techniques and technologies.
17 (3) Offer manufacturers comprehensive assistance which
18 may include, but is not limited to:
19 (i) The capacity to help manufacturing firms
20 evaluate those elements which are critical to their
21 competitive ability, such as implementation of
22 commercially available process technologies, continuous
23 improvement in quality, development of work force skills
24 and understanding the nature of global markets.
25 (ii) The ability to assist companies in identifying
26 and applying appropriate technologies.
27 (iii) The ability to transmit products and
28 techniques to improve manufacturing processes.
29 (iv) Information services which provide
30 manufacturers with practical data on business issues and
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1 the availability and capability of commercially available
2 processes and technologies and assistance with
3 implementation.
4 (v) The development of demonstration sites which
5 manufacturers can visit to learn about and evaluate
6 technologies.
7 (vi) Providing manufacturers with services designed
8 to help them better understand and apply modern
9 manufacturing techniques and concepts.
10 (vii) Working with the department and other State
11 agencies and local or regional organizations in the
12 implementation of economic development plans.
13 (viii) Providing manufacturers with marketing
14 strategies and assistance in training and work force
15 development.
16 (4) Represent a consortium of interest designed to meet
17 the needs of manufacturers in their particular regions.
18 (5) Partner with private sector firms in the development
19 of joint initiatives and ventures that address the needs of
20 and benefit manufacturers.
21 (6) Be an independent nonprofit institution overseen by
22 a regional board of directors comprising private industry,
23 economic development organization and university and
24 educational institution representatives, with at least 50%
25 representation from privacy industry.
26 (7) Complement and cooperate with every other center and
27 make every effort to share expertise and clientele to develop
28 a strong Statewide network.
29 Section 5. Certification.
30 A nonprofit corporation may submit an application for
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1 designation as an industrial resource center to the department.
2 After a review of the applications, the department shall select
3 and certify nonprofit corporations meeting its criteria and the
4 requirements of section 5 as industrial resource centers. The
5 department may modify or revoke an industrial resource center's
6 certification consistent with the regulations, policies and
7 guidelines of the department. An industrial resource center in
8 existence and in receipt of funds from the Ben Franklin/IRC
9 Partnership as of the effective date of this act is hereby
10 deemed certified as an industrial resource center.
11 Section 6. Requirement of matching funds.
12 Funds in the form of a grant to an industrial resource center
13 pursuant to this act shall be matched by private sector funds on
14 a minimum basis to be established by the department. Private
15 matching funds shall include, but not be limited to, monetary on
16 in-kind support from private businesses, corporations,
17 individuals, trade associations, foundations, federally and
18 locally subsidized grants and other forms of non-Commonwealth
19 support.
20 Section 7. Reporting requirements.
21 Centers shall be required to annually submit the following to
22 the department:
23 (1) The center's current mailing address and telephone
24 number.
25 (2) A copy of the center's current articles of
26 incorporation and bylaws if they are amended during the
27 previous year.
28 (3) A list of the center's current officers and
29 directors.
30 (4) Financial information as the department may request.
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1 However, at a minimum, centers shall submit an independent
2 audit which covers all funds received directly from the
3 Commonwealth and funds derived from Commonwealth support,
4 such as paybacks, reimbursements, investment returns, fees
5 for services and any other similar forms of income which
6 result at lease partially from initial expenditure of
7 Commonwealth funds. Upon request, centers shall also furnish
8 general financial and program information about activities at
9 the center supported entirely by non-Commonwealth sources,
10 such as Federal or foundation grants arranged directly by the
11 center.
12 (5) Disclosure information of the center's officers and
13 directors as the department may require to ensure the
14 integrity of this act.
15 Section 8. Repeal.
16 The act of July 2, 1993 (P.L.439, No.64), known as the Ben
17 Franklin/IRC Partnership Act, is repealed insofar as it relates
18 to industrial resource centers.
19 Section 9. Industrial Resource Center Strategic Advisory Board.
20 (a) Establishment.--There is hereby established within the
21 department the IRC Strategic Advisory Board.
22 (b) Members.--The advisory board shall be composed of the
23 following members:
24 (1) The secretary.
25 (2) Four members of the General Assembly appointed as
26 follows:
27 (i) One member appointed by the President pro
28 tempore of the Senate.
29 (ii) One member appointed by the Minority Leader of
30 the Senate.
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1 (iii) One member appointed by the Speaker of the
2 House of Representatives.
3 (iv) One member appointed by the Minority Leader of
4 the House of Representatives.
5 (3) Seven SIX representatives from the private <--
6 manufacturing industry to be appointed by the Governor from
7 nominees submitted by the Industrial Resource Centers.
8 (4) ONE REPRESENTATIVE FROM ORGANIZED LABOR TO BE <--
9 APPOINTED BY THE GOVERNOR.
10 (c) Chair.--The advisory board shall be chaired by the
11 secretary.
12 (d) Compensation.--The advisory board members shall receive
13 no compensation for their services but shall be reimbursed for
14 the expenses actually incurred by them in the performance of
15 their duties under this act.
16 (e) Purpose.--The advisory board shall provide perspective
17 to the department and the Industrial Resource Centers on the
18 needs and issues of Pennsylvania manufacturers.
19 Section 10. Duties of advisory board.
20 (a) Duties.--The advisory board shall:
21 (1) Make recommendations to the department and IRCs.
22 (2) Develop strategies designed to enhance the
23 Commonwealthwide impact of the IRCs.
24 (3) Develop strategies designed to facilitate
25 communication among Pennsylvania manufacturers.
26 (b) Exclusions.--The duties of the advisory board shall not
27 include the review and approval of annual funding proposals and
28 allocations for each of the IRCs.
29 Section 11. Effective date.
30 This act shall take effect July 1, 2001, or immediately,
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1 whichever is later.
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