§ 51.12. Definitions.
(a) The following words and terms, when used in § § 51.11 and 51.13 (relating to general; and diversity reporting requirement) and in the Commission’s Diversity Policy Statement at 52 Pa. Code § § 69.801—69.809 (relating to diversity at major jurisdictional utility companies—statement of policy), in the context of major jurisdictional utility employees and vendors have the following meanings:
Diversity—The attainment of organizational objectives by maximizing the contributions of individuals from every segment of the population including minorities, women, persons with disabilities, LGBTQ and veterans.
LGBTQ—Lesbian, gay, bisexual, transgender, queer and questioning—This term also includes gender non-conforming individuals.
Major jurisdictional utility—An electric, natural gas, water or wastewater utility whose net plant in service is valued at $10 million or more.
Person with disabilities—A person who has a disability as defined in the Americans With Disabilities Act (ADA) (42 U.S.C.A. § 12102—12213).
Veteran—A person who meets any veteran category defined in 41 CFR 61-300.2 (relating to what definitions apply to this part?)(b) The following words and terms, when used in § § 51.11 and 51.13 in the context of major jurisdictional utility employees have the following meanings:
Black or African American (not Hispanic or Latino)—A person having origins in any of the black racial groups of Africa.
Asian (not Hispanic or Latino)—A person having origins in any of the original peoples of the Far East, southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.
Hispanic or Latino—A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
Native American or Alaska Native (not Hispanic or Latino)—A person having origins in any of the original peoples of North and South America (including Central America) and who maintain tribal affiliation or community attachment.
Native Hawaiian or Pacific Islander (not Hispanic or Latino)—A person having origins in any of the peoples of Hawaii, Guam, Samoa or other Pacific Islands.
Two or more races (not Hispanic or Latino)—A person who identifies with more than one of the five races identified in this section.
White (not Hispanic or Latino)—A person having origins in any of the original peoples of Europe, the Middle East or North Africa.(c) The following words and terms, when used in § § 51.11 and 51.13 and in the Commission’s Diversity Policy Statement at 52 Pa. Code § § 69.801—69.809, in the context of a vendor with whom a major jurisdictional utility does business, have the following meanings, unless the context clearly indicates otherwise:
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/LGBTQ/veteran-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) The purchase is from an affiliate, corporate parent, or a subsidiary.
(v) Default service procurement and implementation plans under 52 Pa. Code § 54.186 (relating to default service procurement and implementation plans).
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—Black American, Hispanic American, Native American, Asian-Pacific American or any other socially disadvantaged individual as defined in 13 CFR 124.103 (relating to who is socially disadvantaged?).
WBE—Women-owned business enterprise—A business enterprise that is at least 51% owned by a woman or women; 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.
Authority The provisions of this § 51.12 added under 66 Pa.C.S. § § 501 and 504.
Source The provisions of this § 51.1 added September 16, 2022, effective September 17, 2022, 52 Pa.B. 5934.
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