Pennsylvania s Economic Development Financing Programs
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1 PBI Electronic Publication # EP-3202 Pennsylvania s Economic Development Financing Programs Timothy M. Anstine, Esquire Deputy Chief Counsel Pennsylvania Department of Community & Economic Development Harrisburg A chapter from Economic Development Incentives in Pennsylvania Pub. No. 5125, published January 2008 To purchase this book: See the PBI Online Bookstore at info@pbi.org, or Call Pennsylvania Bar Institute. All rights reserved. This file is licensed only to the person downloading this file from PBI s website, for printing and for saving to his or her personal computer. No further use is permitted. This file may not be shared electronically with any other person without the express written permission of the Pennsylvania Bar Institute. The Pennsylvania Bar Institute does not render any legal, accounting, or other professional services. The Institute s programs and publications are designed solely to help attorneys maintain their professional competence. In dealing with specific legal matters, the attorney using PBI publications or orally conveyed information should also research original sources of authority.
2 Table of Contents Pennsylvania s Economic Development Financing Programs Timothy M. Anstine, Esquire I. Pennsylvania Industrial Development Authority...11 A. The Pennsylvania Industrial Development Authority (PIDA) was Created under...11 B. PIDA Provides Low-Interest Loan Financing...11 C. Since 2000 PIDA has Permitted Parties who are not Related...11 D. PIDA Financing can be Used for...11 E. Most Projects Require the Creation or Retention of...11 F. Manufacturing Enterprises...12 G. Industrial Enterprises...12 H. Research and Development Enterprises...14 I. Keystone Innovation Zone Projects...14 J. Amounts...15 K. Terms...15 L. Examples...15 II. Machinery and Equipment Loan Fund...16 A. The Machinery and Equipment Loan Fund (MELF) Program...16 B. The MELF Program Provides Low-Interest Loans...16 C. Unlike the PIDA Program, These are Direct Loans by...16 D. Businesses Eligible to Receive MELF Loans are...16 E. Only For-Profit Businesses are Eligible...17 F. Loan Amounts...17 G. Terms...17 H. Job Creation Requirement...17 I. Collateral Requirements...17 J. Restrictions...17 K. First Industries Fund Projects...17 L. Examples...17 III. First Industries Program...18 A. The First Industries (FI) Program was Created...18 B. FI is Statewide Loan and Grant Pool...18 C. Planning Grants...18 D. FI Loans Piggy-Back on the MELF and SBF Programs...18 E. FI Also Provides Guarantees for a Loan to be Made...19 F. Examples...19 IV. Pennsylvania Minority Business Development Authority...19
3 A. The Pennsylvania Minority Business Development Authority (PMBDA) was Created...19 B. PMBDA Provides Low-Interest Loan Financing to Minority Business Enterprises...19 C. Permitted Uses of Loan Proceeds...20 D. Loan Amounts...20 E. Loan Terms...20 F. Job Creation Requirement...20 G. Examples...20 V. Pennsylvania Economic Development Financing Authority...21 A. The Pennsylvania Economic Development Financing Authority (PEDFA) was Created...21 B. PEDFA Issues Tax-Exempt and Taxable Bonds...21 C. Amounts...21 D. Eligible Recipients of Tax-Exempt Financing...21 E. Permitted Uses of Tax-Exempt Bond Proceeds...21 F. Eligible Recipients of Taxable Financing...22 G. Permitted Uses of Taxable Bond Proceeds...22 H. Benefits of Pool Financing...22 I. Bond Pool Structure...22 J. Bond Structure...23 K. Flow of Funds...23 L. Interest Rate Management Option ( FIRST ) Program...24 VI. Small Business First...24 A. The Small Business First (SBF) Program was Created...24 B. Restrictions...25 C. Capital Development Loans...25 D. Loans in Distressed Communities...26 E. Pennsylvania Pollution Prevention Assistance Program (PPAA)...27 F. Export Financing Loans...28 VII. Infrastructure Development Program...29 A. The Infrastructure Development Program (IDP) was Created...29 B. IDP Provides Grant, Grants to Loans ( Groans ) and Low-Interest Loan Financing...29 C. Eligible Applicants Include...29 D. Permitted Uses of Funds...29 E. At Former Industrial Sites...29 F. At Long Term Vacant Commercial Sites...29 G. Amounts...29 H. Loans must be Adequately Collateralized...29 I. Terms...29
4 J. Private Investment...29 K. Job Creation and Retention Requirement...29 L. Penalty...30 M. Restrictions...30 N. Examples...30 VIII. Building PA...31 A. The Legislation that Established the Building PA Program...31 B. Building PA is a Program of the Commonwealth Financing Authority (CFA)...31 C. The CFA Issued a Request for Proposals...31 D. The Fund Manager is Required...31 E. Loan Funds cannot be Made for...31 F. Examples...31 IX. Water Supply and Wastewater Infrastructure Program (PennWorks)...35 A. The Water Supply and Wastewater Infrastructure Program (PennWorks) was Created...35 B. PennWorks Provides Grant and Low-Interest Loan Financing...35 C. Eligible Applicants Include...35 D. Permitted Uses of Funds...35 E. Amounts and Terms...35 F. The Project must Serve a Site or Sites being Prepared...35 G. Clawback Provision...35 H. Example...36 X. Business in Our Sites Program...37 A. The Business in Our Sites (BIOS) Program was Created...37 B. BIOS Provides Grant and Loan Funds...37 C. Planning Grants of Up to $250,000 are Available...37 D. Uses of Loan Funds...37 E. Site must be Previously Utilized Property or Underdeveloped Property...37 F. There must be a Substantial Likelihood of Site Use...37 G. Eligible Applicants Include...37 H. Amounts...38 I. Terms...38 J. Example...38 XI. Closing and Loan Disbursement Process...39 A. The DCED Legal Office will Prepare and Transmit...39 B. Many Closings are Dry...39 C. PIDA, MELF, Small Business First, Business in Our Sites, PennWorks and Building PA are Reimbursement Programs...39 D. PIDA and MELF will Limit Their Disbursements...39
5 E. It is not a Requirement that the Other Financing...39 F. PIDA will Make Up to Four Disbursements...39 G. PEDFA and IDP are not Reimbursement Programs...39 H. It is Typical for DCED Lending Programs...40 I. Occasionally, PIDA and DCED will Participate in Projects...40 J. In the Case of PIDA...40 K. PIDA has Loan Loss Sharing Agreements...40 L. The PIDA Act Requires that We Obtain a Mortgage...40 M. Loans under the Business in Our Sites and PennWorks Programs...41 XII. Post Closing Issues...41 A. Any Matter which Requires the Consent of the State Lender...41 B. In the Case of Loans that are Funded by Separate Authorities...43 [Appendices A, B, and C are available as separate Word documents] Appendix A: Typical PIDA Closing Agenda Appendix B: Typical MELF Closing Agenda Appendix C: Typical PIDA Affidavit of Costs Incurred Appendix D: Current PIDA Interest and Participation Rates...83 Appendix E: List of Industrial Development Corporations...87 Appendix F: List of Area Loan Organizations...105
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