Section 69.802. Definitions

The following words and terms, when used in § § 69.801 and 69.803—69.809, have the following meanings, unless the context clearly indicates otherwise:

African-Americans—United States citizens or legal aliens with permanent residence status in the United States who have origins in any racial groups of Africa.

Asian Pacific-Americans—United States citizens or legal aliens with permanent residence status in the United States who have origins in Asia, includingpersons from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands and the Federated States of Micronesia.

Control—The exercise of the power to make policy decisions.

Diversity—The attainment of organizational objectives by maximizing the contributions of individuals from every segment of the population.

Exempt procurement—A product or service which may be removed from the dollar base used to establish minimum improvement levels, because of the demonstrated unavailability of a minority/women/people with disabilities-owned business currently capable of supplying a product or service. The term may also include one or more of the following situations:

(i) The vendor is the original equipment manufacturer.

(ii) The vendor is the only known source of the product or service.

(iii) A plant emergency situation dictates use of a specific vendor.

(iv) Purchases from affiliates, corporate parents and their subsidiaries.

Hispanic-Americans—United States citizens or legal aliens with permanent residence status in the United States who have origins in Mexico, Puerto Rico, Cuba, South America, Central America and the Caribbean.

Long-term plan—A plan applicable to a period of 5 years.

MBE—Minority-Owned Business Enterprise—A business enterprise that is at least 51% owned by a minority individual or group or individuals; or a publicly-owned business that has at least 51% of its stock owned by one or more minority individuals, and whose management and daily business operations are controlled by these individuals. ‘‘Minority’’ may include African-Americans, Hispanic-Americans, Native Americans and Asian Americans, as well as other groups found to be disadvantaged under section 8(a) of the Small Business Act (15 U.S.C.A. § 637(d)).

MIL—Minimum Improvement Level—A level or goal which, when achieved, indicates progress in a preferred direction. An MIL is neither a requirement nor a quota, and no specific participation levels are intended.

Major jurisdictional utility company—Electric, gas, water and telephone utilities whose net plant in service is valued at $10 million or more. The term includes major telephone companies, defined as companies exceeding 50,000 access lines.

Midterm plan—A plan applicable to a period of 3 years.

Native-Americans—United States citizens or legal aliens with permanent residence status in the United States who have origins in any of the original peoples of North America or Hawaiian Islands, in particular, American Indians, Eskimos, Aleutes and Native Hawaiians.

Operate—Active involvement in the day-to-day management. The term involves more than acting as officers or directors.

Short-term plan—A plan applicable to a period of 1 year.

Subcontinent Asian-Americans—United States citizens or legal aliens with permanent residence status in the United States who have origins in India, Pakistan, Bangladesh, Sri Lanka, Bhutan or Nepal.

Subcontract—An agreement or arrangement between a contractor and a party or person—in which the parties do not stand in the relationship of an employer and an employe—for the furnishing of supplies or services for the use of real or personal property, including lease arrangements, which in whole or in part, is necessary to the performance of any one or more contracts.

Substantial objectives—Objectives which are realistic and clearly demonstrate a utility’s commitment to increase minority/women/persons with disabilities-owned business share of the utility’s purchases and contracts.

WBE—Women-Owned Business Enterprise—A business enterprise that is at least 51% owned by a woman or women who are United States citizens or legal aliens with permanent residence status in the United States; or a publicly-owned business that has at least 51% of its stock owned by one or more women, and whose management and daily business operations are controlled by one or more women who are United States citizens or legal aliens with permanent residence status in the United States.

W/MBE—A WBE or an MBE.

The provisions of this § 69.802 adopted March 24, 1995, effective March 25, 1995, 25 Pa.B. 1084.

Notation

Cross References

This section cited in 52 Pa. Code § 69.809 (relating to filings).