2012 Pennsylvania Consolidated Statutes
Title 12 - COMMERCE AND TRADE
Chapter 23 - Small Business First
Section 2302 - Definitions

     § 2302.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agricultural processor."  A person that adds value by
     subjecting one or more farm commodities to a process of
     manufacture, development or preparation for sale or a person
     that converts a farm product into a marketable form.
        "Agricultural producer."  A person involved in the management
     and use of a normal agricultural operation for the production of
     a farm commodity.
        "Apparel products."  Products manufactured, woven, cut, sewn
     or otherwise similarly processed by mechanical or human effort
     from fabrics, leather or cloth and made for use as clothing,
     shoes or other attire.
        "Applicant."  A person that applies for a loan in accordance
     with this chapter.
        "Area loan organization."  A local development district, an
     industrial development agency organized and existing under the
     act of May 17, 1956 (1955 P.L.1609, No.537), known as the
     Pennsylvania Industrial Development Authority Act, or any other
     nonprofit economic development organization certified by the
     department as possessing the qualifications necessary to
     evaluate and administer loans made under this chapter.
        "Capital development project."  Land, buildings, equipment
     and machinery and working capital which is acquired,
     constructed, renovated or used by a small business in accordance
     with any of the following:
            (1)  As part of a for-profit project or venture not of a
        mercantile or service-related nature, except for hospitality
        industry projects.
            (2)  As part of an effort to:
                (i)  bring a small business into compliance with
            Federal or State environmental laws or regulations;
                (ii)  complete an approved remediation project; or
                (iii)  permit a small business to adopt generally
            acceptable pollution prevention practices.
            (3)  As part of an effort to provide assistance to a
        small business that is a recycler of municipal or commercial
        waste or that is a manufacturer using recycled municipal or
        commercial waste materials.
            (4)  As part of an effort to assist a small business with
        defense conversion activities.
            (5)  As part of a for-profit project or venture to
        manufacture products to be exported out of the United States
        by a small business which is not of a mercantile or service-
        related nature, except for export-related services and
        international export-related mercantile ventures or advanced
        technology and computer-related services and mercantile
        ventures and which will increase this Commonwealth's national
        or international market shares.
            (6)  As part of a for-profit project or venture that
        meets the requirements of section 2308 (relating to loans in
        distressed communities)
            (7)  As part of an effort to assist in the start-up or
        expansion of a for-profit or not-for-profit child day-care
        center subject to licensure by the Commonwealth.
        "Child day-care center."  Any premises in which child day
     care is provided simultaneously for seven or more children who
     are not related to the provider.
        "Community development institution."  Any of the following:
            (1)  An area loan organization for a distressed
        community.
            (2)  A community development financial institution
        located in a distressed community and approved by the
        department.
        "Distressed community."  A community which has any of the
     following:
            (1)  A census tract or other specifically defined
        geographic area in which there is any of the following:
                (i)  A median income below 80% of the median income
            for the United States or this Commonwealth.
                (ii)  Twenty percent or more of the population is
            below the poverty level by family size published by the
            Bureau of the Census.
                (iii)  An unemployment rate 50% higher than the
            national average.
            (2)  An area which is designated a subzone, expansion
        subzone or improvement subzone under the act of October 6,
        1998 (P.L.705, No.92), known as the Keystone Opportunity Zone
        and Keystone Opportunity Expansion Zone Act.
            (3)  Any other geographic area designated by the
        department as distressed. The designation shall be published
        in the Pennsylvania Bulletin.
        "EDA loan."  A loan made under this chapter utilizing funds
     made available to the department under the Public Works and
     Economic Development Act of 1965 (Public Law 89-136, 42 U.S.C. §
     3121 et seq.).
        "Ex-Im Bank."  The Export-Import Bank of the United States.
        "Export activity."  An activity undertaken by a person within
     this Commonwealth related to exports.
        "Export business."  A person that is engaged in a for-profit
     enterprise involving export activities and that employs 250 or
     fewer individuals.
        "Exports."  Goods or services to be sold or performed outside
     the United States.
        "Farm commodity."  Any Pennsylvania-grown agricultural,
     horticultural, aquacultural, vegetable, fruit and floricultural
     product of the soil, livestock and meats, wools, hides, furs,
     poultry, eggs, dairy products, nuts, mushrooms, honey products
     and forest products.
        "Fund."  The Small Business First Fund continued under
     section 2304 (relating to fund and accounts).
        "Hazardous substance."  Any element, compound or material
     which is any of the following:
            (1)  Regulated as a hazardous air pollutant under section
        6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787),
        known as the Air Pollution Control Act.
            (2)  Defined as a hazardous waste under section 103 of
        the act of July 7, 1980 (P.L.380, No.97), known as the Solid
        Waste Management Act.
            (3)  Regulated under the act of December 7, 1990
        (P.L.639, No.165), known as the Hazardous Material Emergency
        Planning and Response Act.
        "Hospitality industry project."  A for-profit project or
     venture which involves a small business that operates a hotel,
     motel or other lodging facility and that employs at least five
     full-time equivalent employees at the time an application is
     submitted to the department for financing. The term includes a
     for-profit project or venture which involves a small business
     that operates a restaurant or food service operation open to the
     public, that has been in continuous operation for at least five
     years and that employs at least five full-time equivalent
     employees at the time an application is submitted.
        "Insurance policy."  An export credit insurance policy for
     small businesses offered by the Export-Import Bank of the United
     States.
        "Natural disaster."  As defined in 35 Pa.C.S. § 7102
     (relating to definitions).
        "Normal agricultural operation."  As defined in section 2 of
     the act of June 10, 1982 (P.L.454, No.133), entitled "An act
     protecting agricultural operations from nuisance suits and
     ordinances under certain circumstances."
        "Pollution prevention."  The reduction or elimination of
     pollution at its source. The term does not include any of the
     following:
            (1)  A substitution of one hazardous or toxic substance
        for another which will cause an increased risk to the
        environment or to human health.
            (2)  A cross-media transfer.
            (3)  A delisting of a hazardous waste or toxic chemical.
        "Pollution prevention assistance agency."  Any of the
     following:
            (1)  An area loan organization.
            (2)  An industrial resource center created pursuant to
        the act of June 22, 2001 (P.L.400, No.31), known as the
        Industrial Resources Center Partnership Act.
        "Pollution prevention infrastructure."  A capital development
     project which permits a small business to adopt or install
     pollution prevention equipment or processes to:
            (1)  Reduce or reuse raw materials onsite.
            (2)  Reduce the production of waste.
            (3)  Reduce energy consumption.
        "Program."  The Small Business First Program established
     under section 2303 (relating to establishment).
        "Reuse."  Use of a product or component in its original form
     more than once.
        "Small business."  A person that is engaged in a for-profit
     enterprise and that employs 100 or fewer individuals. The term
     includes the following:
            (1)  An enterprise located in a small business incubator
        facility.
            (2)  An agricultural processor.
            (3)  An agricultural producer.
            (4)  An enterprise which manufactures apparel products.
            (5)  An enterprise which is a for-profit or not-for-
        profit child day-care center subject to licensure by the
        Commonwealth.
        "Working capital."  Capital used by a small business for
     operations, excluding fixed assets and production machinery and
     equipment.

        References in Text.  The name of the Keystone Opportunity
     Zone and Keystone Opportunity Expansion Zone Act was changed to
     the Keystone Opportunity Zone, Keystone Opportunity Expansion
     Zone and Keystone Opportunity Improvement Zone Act.