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SENATE AMENDED
PRIOR PRINTER'S NO. 1788
PRINTER'S NO. 2650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1327
Session of
2015
INTRODUCED BY PEIFER, PICKETT, DUNBAR, DRISCOLL, R. BROWN,
W. KELLER, BARRAR, MURT, MILLARD, THOMAS, A. HARRIS, ROZZI,
D. COSTA, COHEN, MILNE, BRADFORD, MARSICO, MAJOR, MULLERY,
WHITE, DeLUCA AND OBERLANDER, JUNE 11, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, DECEMBER 9, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
as amended, "An act relating to the finances of the State
government; providing for the settlement, assessment,
collection, and lien of taxes, bonus, and all other accounts
due the Commonwealth, the collection and recovery of fees and
other money or property due or belonging to the Commonwealth,
or any agency thereof, including escheated property and the
proceeds of its sale, the custody and disbursement or other
disposition of funds and securities belonging to or in the
possession of the Commonwealth, and the settlement of claims
against the Commonwealth, the resettlement of accounts and
appeals to the courts, refunds of moneys erroneously paid to
the Commonwealth, auditing the accounts of the Commonwealth
and all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," in special funds, further providing for State
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Workers' Insurance Board investments and for a related
expiration provision.
IN CIGARETTE SALES AND LICENSING, FURTHER PROVIDING FOR
DEFINITIONS, FOR RETENTION OF RECORDS AND FOR VIOLATIONS AND
PENALTIES AND PROVIDING FOR PREEMPTION;
IN FINANCIALLY DISTRESSED MUNICIPALITIES, PROVIDING FOR
FINANCIAL RECOVERY;
IN OIL AND GAS WELLS, PROVIDING FOR THE ENVIRONMENTAL
STEWARDSHIP FUND;
IN SPECIAL FUNDS, FURTHER PROVIDING FOR FUNDING, FOR
STATE WORKERS' INSURANCE BOARD, FOR EXPIRATION AND FOR OTHER
GRANTS;
IN ADDITIONAL SPECIAL FUNDS, FURTHER PROVIDING FOR USE OF
THE TOBACCO SETTLEMENT FUND AND FOR DISTRIBUTIONS FROM THE
PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AND PROVIDING FOR
MISCELLANEOUS LIMITATIONS AND TRANSFERS AND FOR THE NATURAL
GAS INFRASTRUCTURE DEVELOPMENT FUND;
IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING FOR
THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, FOR THE
DEPARTMENT OF EDUCATION, FOR THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION, FOR THE DEPARTMENT OF GENERAL SERVICES, FOR THE
DEPARTMENT OF PUBLIC WELFARE, FOR THE PENNSYLVANIA STATE
POLICE, FOR THE ENVIRONMENTAL QUALITY BOARD AND FOR THE
PENNSYLVANIA HOUSING FINANCE AGENCY AND PROVIDING FOR THE
COMMONWEALTH FINANCING AUTHORITY;
PROVIDING FOR 2015-2016 BUDGET IMPLEMENTATION;
MAKING RELATED REPEALS; AND
MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subarticle D of Article XVII-A of
the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code, reenacted June 30, 2011 (P.L.159, No.26), is reenacted to
read:
SUBARTICLE D
INVESTMENTS
Section 2. Sections 1731-A and 1732-A of the act, reenacted
and amended June 30, 2011 (P.L.159, No.26), are reenacted and
amended to read:
Section 1731-A. State Workers' Insurance Board.
Notwithstanding any inconsistent provisions of section 1512
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of the act of June 2, 1915 (P.L.736, No.338), known as the
Workers' Compensation Act, section 504 of the act of November
30, 1965 (P.L.847, No.356), known as the Banking Code of 1965,
[section 922 of the act of December 14, 1967 (P.L.746, No.345),
known as the Savings Association Code of 1967,] and any other
law of this Commonwealth, the power of the State Workers'
Insurance Board to invest money shall include the power to hold,
purchase, sell, assign, transfer and dispose of securities,
including common stock with the following restrictions:
(1) Investments in equities may not exceed the lesser
of:
(i) 15% of the State Workers' Insurance Fund's
assets; or
(ii) the State Workers' Insurance Fund's statutory
surplus after discount, except that, notwithstanding the
statutory surplus, the State Workers' Insurance Fund is
authorized to invest up to 7 1/2% of the book value of
its assets in equities.
(1.1) Investments in equities shall be made subject to
the prudent investor rule as provided for under 20 Pa.C.S. §
7203 (relating to prudent investor rule).
(2) The State Workers' Insurance Board shall establish a
policy for investments and shall meet at least annually to
develop a schedule for rebalancing its investments in
securities to meet the restriction of paragraph (1).
Section 1732-A. Expiration.
This subarticle shall expire June 30, [2015] 2018.
Section 3. If this act is enacted after June 30, 2015, the
reenactment and amendment of Article XVII-A Subarticle D heading
and sections 1731-A and 1732-A of the act shall apply
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retroactively to June 30, 2015.
Section 4. This act shall take effect immediately.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2015-2016 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THE
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT, "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
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APPROPRIATIONS ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
2015-2016 COMMONWEALTH BUDGET.
(7) EVERY PROVISION OF THIS ACT RELATES TO THE
IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
THE 2015-2016 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE
IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE
VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE
ACT OF , 2015 (P.L., NO. A), KNOWN AS THE GENERAL
APPROPRIATION ACT OF 2015.
SECTION 1.1. THE DEFINITION OF "COST OF THE RETAILER" IN
SECTION 202-A OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, ADDED JULY 2, 1993 (P.L.250, NO.46),
IS AMENDED TO READ:
SECTION 202-A. DEFINITIONS.--AS USED IN THIS ARTICLE--
* * *
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"COST OF THE RETAILER" SHALL MEAN THE BASIC COST OF
CIGARETTES TO THE RETAILER PLUS THE COST OF DOING BUSINESS BY
THE RETAILER IN EXCESS OF THE BASIC COST OF CIGARETTES,
EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF
CIGARETTES. IN THE ABSENCE OF FILING OF SATISFACTORY PROOF OF A
LESSER OR HIGHER COST OF DOING BUSINESS BY THE RETAILER MAKING
THE SALE, THE COST OF DOING BUSINESS BY THE RETAILER SHALL BE
PRESUMED TO BE [SIX] SEVEN PER CENTUM OF THE BASIC COST OF
CIGARETTES TO THE RETAILER. WHEN A RETAILER ESTABLISHES A LESSER
COST OF DOING BUSINESS THAN THE PRESUMPTIVE [SIX] SEVEN PER
CENTUM COST OF DOING BUSINESS, SUCH LESSER COST OF DOING
BUSINESS MAY BE USED TO COMPUTE THE COST OF THE RETAILER FOR A
PERIOD OF TIME NO GREATER THAN TWELVE MONTHS, AT THE END OF
WHICH TIME THE COST TO THE RETAILER SHALL BE COMPUTED USING THE
PRESUMPTIVE [SIX] SEVEN PER CENTUM COST OF DOING BUSINESS,
UNLESS THE RETAILER AGAIN ESTABLISHES A LESSER COST OF DOING
BUSINESS. ANY FRACTIONAL PART OF A CENT IN SUCH COST PER CARTON
SHALL BE ROUNDED OFF TO THE NEXT HIGHER CENT. IN THE CASE OF ANY
PERSON WHO PURCHASES CIGARETTES FOR SALE AT RETAIL FROM ANY
MANUFACTURER OF CIGARETTES WITHOUT RESORT TO A WHOLESALER AS
SUCH, SUCH PERSON SHALL BE DEEMED, FOR THE PURPOSES OF THIS
ARTICLE, TO BE ENGAGED IN THE SALE OF CIGARETTES AS A STAMPING
AGENT, WHOLESALER AND RETAILER AND AS SUCH SHALL BE SUBJECT TO
ALL MARK-UP PROVISIONS OF THIS ARTICLE IN THE ORDER NAMED.
* * *
SECTION 1.2. SECTION 214-A OF THE ACT, ADDED JULY 2, 1993
(P.L.250, NO.46), IS AMENDED TO READ:
SECTION 214-A. [RETENTION OF] REQUIRED RECORDS.--(A) EVERY
LICENSED DEALER SHALL KEEP AND MAINTAIN FOR A PERIOD OF FOUR
YEARS SUCH RECORDS IN SUCH FORM AS THE DEPARTMENT SHALL BY
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REGULATION PRESCRIBE. THE RECORDS SHALL BE MAINTAINED AT THE
LOCATION FOR WHICH THE LICENSE IS ISSUED.
(B) A CONTRACT OF SALE COMPLYING WITH THE PROVISIONS OF THIS
ARTICLE SHALL BE SIGNED BY THE PARTIES TO A SALE OF CIGARETTES
AND SHALL BE KEPT ON FILE BY EACH PARTY AT THE LOCATION FOR
WHICH THE LICENSE IS ISSUED. IN THE CASE OF A DEALER HAVING MORE
THAN ONE LOCATION UNDER COMMON OWNERSHIP, THE CONTRACT OF SALE
SHALL BE KEPT AT THE BUSINESS OR CORPORATE HEADQUARTERS. A
CONTRACT OF SALE SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ACTUAL
DOCUMENT OR INTERNET OR ELECTRONIC EVIDENCE INDICATING THAT A
TRANSACTION FOR THE SALE OF CIGARETTES HAS TAKEN PLACE.
SECTION 1.3. SECTION 229-A OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 229-A. VIOLATIONS AND PENALTIES.--* * *
(G) A LICENSEE WHO FAILS TO PAY FOR CIGARETTES IN FULL UPON
DELIVERY BY CASH, CHECK OR ELECTRONIC FUND TRANSFER OR ACCORDING
TO THE CONTRACT OF SALE, REQUIRING FULL PAYMENT NO LATER THAN
FOURTEEN DAYS AFTER DELIVERY, IN ADDITION TO ANY OTHER
VIOLATIONS PROVIDED BY LAW, SHALL BE IN VIOLATION OF THIS
ARTICLE.
SECTION 1.4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 232-A. PREEMPTION.--(A) ALL POWERS AND JURISDICTION
OVER DEALERS LICENSED UNDER THIS ARTICLE, AND REGARDING OR
AFFECTING THE SALE OF TOBACCO PRODUCTS BY DEALERS LICENSED UNDER
THIS ARTICLE, SHALL RESIDE IN THE COMMONWEALTH UNLESS ANY SUCH
POWER OR JURISDICTION IS SPECIFICALLY GRANTED TO A POLITICAL
SUBDIVISION.
(B) NONAPPLICABILITY.--THIS SECTION SHALL NOT APPLY TO A
CITY OF THE FIRST CLASS.
(C) AS USED IN THIS SECTION, THE TERM "TOBACCO PRODUCT"
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SHALL HAVE THE SAME MEANING AS DEFINED IN 18 PA.C.S. § 6305(K)
(RELATING TO SALE OF TOBACCO).
SECTION 2. (RESERVED).
SECTION 3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1602-D.1. FINANCIAL RECOVERY.
AS OF THE DATE OF THE TERMINATION OF DISTRESSED STATUS UNDER
THE PROVISIONS OF THE ACT OF JULY 10, 1987 (P.L.246, NO.47),
KNOWN AS THE MUNICIPALITIES FINANCIAL RECOVERY ACT, A CITY OF
THE SECOND CLASS A THAT IS LEVYING, OR HAD BEEN AUTHORIZED TO
LEVY WITHIN THE PREVIOUS THREE FISCAL YEARS, A LOCAL SERVICES
TAX IN EXCESS OF $52 IN ACCORDANCE WITH THE MUNICIPALITIES
FINANCIAL RECOVERY ACT, MAY, UPON THE TERMINATION OF DISTRESSED
STATUS, LEVY, WITHOUT COURT APPROVAL, THE LOCAL SERVICES TAX AT
A RATE WHICH DOES NOT EXCEED $156 PER YEAR, IF A PENSION SYSTEM
OF THE MUNICIPALITY IS IN MODERATE DISTRESS OR SEVERE DISTRESS
AS DEFINED BY SECTION 503(D) OF THE ACT OF DECEMBER 18, 1984
(P.L.1005, NO.205), KNOWN AS THE MUNICIPAL PENSION PLAN FUNDING
STANDARD AND RECOVERY ACT, AND THE AMOUNT IN EXCESS OF $52 IS
USED SOLELY TO DEFRAY THE MUNICIPALITY'S UNFUNDED ACTUARIAL
ACCRUED PENSION LIABILITY. A LOCAL SERVICES TAX IN EXCESS OF $52
MAY NOT BE LEVIED IN THE SAME YEAR THAT THE INCOME OF
NONRESIDENTS IS SUBJECT TO A TAX ABOVE MAXIMUM RATES AS PROVIDED
IN SECTION 607(F) OF THE MUNICIPAL PENSION PLAN FUNDING STANDARD
AND RECOVERY ACT.
SECTION 1608-E. ENVIRONMENTAL STEWARDSHIP FUND.
(A) TRANSFER.--NOTWITHSTANDING 58 PA.C.S. § 2505(B)(1)(II)
(RELATING TO FUNDS), THE AMOUNT TRANSFERRED FROM THE FUND TO THE
MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE ENVIRONMENTAL
STEWARDSHIP FUND IN FISCAL YEAR 2015-2016 SHALL BE $20,000,000.
(B) ALLOCATION OF APPROPRIATION.--MONEY APPROPRIATED FROM
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THE ENVIRONMENTAL STEWARDSHIP FUND UNDER 27 PA.C.S. § 6104(C)
(RELATING TO FUND) IN FISCAL YEAR 2015-2016 SHALL BE ALLOCATED
AS FOLLOWS:
(1) 23% TO THE DEPARTMENT.
(2) 35.7% TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(3) 18.7% TO THE DEPARTMENT OF AGRICULTURE.
(4) 22.6% TO THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT
AUTHORITY.
(C) DEBT PAYMENTS.--NOTHING IN THIS SECTION SHALL AFFECT
PAYMENTS AUTHORIZED UNDER 27 PA.C.S. § 6115 (RELATING TO
COMMONWEALTH INDEBTEDNESS).
SECTION 4. (RESERVED).
SECTION 5. SECTION 1702-A OF THE ACT, AMENDED JULY 10, 2014
(P.L.1053, NO.126), IS AMENDED TO READ:
SECTION 1702-A. FUNDING.
(A) INTENT.--IT IS HEREBY DECLARED AS THE INTENT AND GOAL OF
THE GENERAL ASSEMBLY TO CREATE A STABILIZATION RESERVE IN AN
EVENTUAL AMOUNT OF 6% OF THE REVENUES OF THE GENERAL FUND OF THE
COMMONWEALTH.
(B) TRANSFER OF PORTION OF SURPLUS.--
(1) EXCEPT AS MAY BE PROVIDED IN PARAGRAPH (2), FOR
FISCAL YEARS BEGINNING AFTER JUNE 30, 2002, THE FOLLOWING
APPLY:
(I) EXCEPT AS SET FORTH IN THIS PARAGRAPH, IF THE
SECRETARY OF THE BUDGET CERTIFIES THAT THERE IS A SURPLUS
IN THE GENERAL FUND FOR A SPECIFIC FISCAL YEAR, 25% OF
THE SURPLUS SHALL BE DEPOSITED BY THE END OF THE NEXT
SUCCEEDING QUARTER INTO THE BUDGET STABILIZATION RESERVE
FUND.
(II) IF THE SECRETARY OF THE BUDGET CERTIFIES, AFTER
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JUNE 30, 2005, THAT THERE IS A SURPLUS IN THE GENERAL
FUND FOR THE FISCAL YEAR 2004-2005, 15% OF THE SURPLUS
SHALL BE DEPOSITED BY THE END OF THE NEXT SUCCEEDING
QUARTER INTO THE BUDGET STABILIZATION RESERVE FUND.
(III) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2007-2008 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(IV) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2010-2011 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(V) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND FOR
FISCAL YEAR 2011-2012 MAY BE DEPOSITED INTO THE BUDGET
STABILIZATION RESERVE FUND.
(VI) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2012-2013 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(VII) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2013-2014 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(VIII) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2014-2015 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
(2) IF, AT THE END OF ANY FISCAL YEAR, THE ENDING
BALANCE OF THE BUDGET STABILIZATION RESERVE FUND EQUALS OR
EXCEEDS 6% OF THE ACTUAL GENERAL FUND REVENUES RECEIVED FOR
THE FISCAL YEAR IN WHICH THE SURPLUS OCCURS, 10% OF THE
SURPLUS SHALL BE DEPOSITED BY THE END OF THE NEXT SUCCEEDING
QUARTER INTO THE BUDGET RESERVE STABILIZATION FUND.
(C) APPROPRIATED FUNDS.--THE GENERAL ASSEMBLY MAY AT ANY
TIME PROVIDE ADDITIONAL AMOUNTS FROM ANY FUNDS AVAILABLE TO THIS
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COMMONWEALTH AS AN APPROPRIATION TO THE BUDGET STABILIZATION
RESERVE FUND.
SECTION 6. THE HEADING OF SUBARTICLE D OF ARTICLE XVII-A OF
THE ACT, REENACTED JUNE 30, 2011 (P.L.159, NO.26), IS REENACTED
TO READ:
SUBARTICLE D
INVESTMENTS
SECTION 7. SECTIONS 1731-A AND 1732-A OF THE ACT, REENACTED
AND AMENDED JUNE 30, 2011 (P.L.159, NO.26), ARE REENACTED AND
AMENDED TO READ:
SECTION 1731-A. STATE WORKERS' INSURANCE BOARD.
NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF SECTION 1512
OF THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE
WORKERS' COMPENSATION ACT, SECTION 504 OF THE ACT OF NOVEMBER
30, 1965 (P.L.847, NO.356), KNOWN AS THE BANKING CODE OF 1965,
[SECTION 922 OF THE ACT OF DECEMBER 14, 1967 (P.L.746, NO.345),
KNOWN AS THE SAVINGS ASSOCIATION CODE OF 1967,] AND ANY OTHER
LAW OF THIS COMMONWEALTH, THE POWER OF THE STATE WORKERS'
INSURANCE BOARD TO INVEST MONEY SHALL INCLUDE THE POWER TO HOLD,
PURCHASE, SELL, ASSIGN, TRANSFER AND DISPOSE OF SECURITIES,
INCLUDING COMMON STOCK WITH THE FOLLOWING RESTRICTIONS:
(1) INVESTMENTS IN EQUITIES MAY NOT EXCEED THE LESSER
OF:
(I) 15% OF THE STATE WORKERS' INSURANCE FUND'S
ASSETS; OR
(II) THE STATE WORKERS' INSURANCE FUND'S STATUTORY
SURPLUS AFTER DISCOUNT, EXCEPT THAT, NOTWITHSTANDING THE
STATUTORY SURPLUS, THE STATE WORKERS' INSURANCE FUND IS
AUTHORIZED TO INVEST UP TO 7 1/2% OF THE BOOK VALUE OF
ITS ASSETS IN EQUITIES.
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(1.1) INVESTMENTS IN EQUITIES SHALL BE MADE SUBJECT TO
THE PRUDENT INVESTOR RULE AS PROVIDED FOR UNDER 20 PA.C.S. §
7203 (RELATING TO PRUDENT INVESTOR RULE).
(2) THE STATE WORKERS' INSURANCE BOARD SHALL ESTABLISH A
POLICY FOR INVESTMENTS AND SHALL MEET AT LEAST ANNUALLY TO
DEVELOP A SCHEDULE FOR REBALANCING ITS INVESTMENTS IN
SECURITIES TO MEET THE RESTRICTION OF PARAGRAPH (1).
SECTION 1732-A. EXPIRATION.
THIS SUBARTICLE SHALL EXPIRE JUNE 30, [2015] 2018.
SECTION 8. SECTION 1774.1-A OF THE ACT, ADDED JULY 18, 2013
(P.L.574, NO.71), IS AMENDED TO READ:
SECTION 1774.1-A. OTHER GRANTS.
(A) WATER AND SEWER.--FOR [FISCAL YEAR 2013-2014] THE
SPECIFIED FISCAL YEARS, FROM FUNDS AVAILABLE TO THE AUTHORITY
UNDER THIS ACT OR UNDER 58 PA.C.S. § 2315(A.1) (RELATING TO
STATEWIDE INITIATIVES), THAT ARE UNRELATED TO INDEBTEDNESS
INCURRED FOR THE PROGRAM, THE FOLLOWING APPLY:
(1) FOR FISCAL YEAR 2013-2014, THE SUM OF $3,000,000
SHALL BE AVAILABLE FOR WATER AND SEWER PROJECTS WITH A COST
OF NOT LESS THAN $50,000 AND NOT MORE THAN $150,000.
(2) FOR FISCAL YEAR 2015-2016, THE SUM OF $22,000,000
SHALL BE AVAILABLE FOR DISTRIBUTION OR REIMBURSEMENT FOR
WATER AND SEWER PROJECTS WITH A COST OF NOT LESS THAN $30,000
AND NOT MORE THAN $500,000.
(B) GUIDELINES.--THE AUTHORITY SHALL ADOPT GUIDELINES FOR
THE APPROVAL OF APPLICATIONS UNDER THIS SECTION AND SHALL ENSURE
THAT GRANTS ARE MADE AVAILABLE TO ALL GEOGRAPHIC AREAS OF THIS
COMMONWEALTH.
SECTION 9. SECTIONS 1713-A.1 AND 1723-A.1 OF THE ACT,
AMENDED JULY 10, 2014 (P.L.1053, NO.126), ARE AMENDED TO READ:
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SECTION 1713-A.1. USE OF FUND.
(A) ANNUAL REPORT.--THE GOVERNOR SHALL REPORT ON THE FUND IN
THE ANNUAL BUDGET WHICH SHALL INCLUDE THE AMOUNTS APPROPRIATED
TO EACH PROGRAM.
(B) APPROPRIATIONS.--
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS (1.1)[,
(1.2) AND (1.3)] THROUGH (1.5), THE GENERAL ASSEMBLY
APPROPRIATES MONEYS IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGES BASED ON THE ANNUAL PAYMENT RECEIVED IN
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME AND COMMUNITY-BASED
SERVICES PURSUANT TO CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS PURSUANT TO CHAPTER 7
OF THE TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH PURSUANT TO SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
PURSUANT TO SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN ONE-HUNDREDTHS PERCENT FOR
THE UNCOMPENSATED CARE PAYMENT PROGRAM PURSUANT TO
CHAPTER 11 OF THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES PURSUANT TO
CHAPTER 15 OF THE TOBACCO SETTLEMENT ACT.
(VII) EIGHT PERCENT FOR THE EXPANSION OF THE PACENET
PROGRAM PURSUANT TO CHAPTER 23 OF THE TOBACCO SETTLEMENT
ACT.
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(VIII) TWENTY-TWO AND SEVENTY-TWO ONE-HUNDREDTHS
PERCENT SHALL REMAIN IN THE FUND TO BE SEPARATELY
APPROPRIATED FOR HEALTH-RELATED PURPOSES.
(1.1) FOR FISCAL YEAR 2013-2014, THE GENERAL ASSEMBLY
APPROPRIATES MONEY IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGE BASED ON THE ANNUAL PAYMENT RECEIVED
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) TWO AND NINETY-THREE [HUNDRETHS] HUNDREDTHS
PERCENT FOR TOBACCO USE PREVENTION AND CESSATION PROGRAMS
UNDER CHAPTER 7 OF THE TOBACCO SETTLEMENT ACT.
(III) SIX AND THREE-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE-HALF PERCENT FOR HEALTH AND RELATED
RESEARCH UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) FOUR AND NINE-HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15
OF THE TOBACCO SETTLEMENT ACT.
(VII) FORTY-THREE AND EIGHTEEN HUNDREDTHS PERCENT
SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED
FOR HEALTH-RELATED PURPOSES.
(1.2) FOR FISCAL YEAR 2014-2015, MONEY IN THE FUND FROM
A PAYMENT RECEIVED DUE TO THE RECALCULATION OF A PRIOR ANNUAL
PAYMENT SHALL REMAIN IN THE FUND TO BE SEPARATELY
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APPROPRIATED FOR HEALTH-RELATED PURPOSES.
(1.3) FOR FISCAL YEAR 2014-2015, THE GENERAL ASSEMBLY
APPROPRIATES MONEY IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGES BASED ON THE ANNUAL PAYMENT RECEIVED
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE
TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) FIFTEEN AND TWELVE HUNDREDTHS PERCENT FOR THE
PURCHASE OF MEDICAID BENEFITS FOR WORKERS WITH
DISABILITIES UNDER CHAPTER 15 OF THE TOBACCO SETTLEMENT
ACT.
(VII) FORTY-FIVE AND SIX-TENTHS PERCENT SHALL REMAIN
IN THE FUND TO BE SEPARATELY APPROPRIATED FOR HEALTH-
RELATED PURPOSES.
(1.4) FOR FISCAL YEAR 2015-2016, MONEY IN THE FUND FROM
A PAYMENT RECEIVED DUE TO THE RECALCULATION OF A PRIOR ANNUAL
PAYMENT SHALL REMAIN IN THE FUND TO BE SEPARATELY
APPROPRIATED FOR HEALTH-RELATED PURPOSES.
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(1.5) FOR FISCAL YEAR 2015-2016, THE GENERAL ASSEMBLY
APPROPRIATES MONEY IN THE FUND IN ACCORDANCE WITH THE
FOLLOWING PERCENTAGES BASED ON THE ANNUAL PAYMENT RECEIVED
EACH YEAR:
(I) THIRTEEN PERCENT FOR HOME-BASED AND COMMUNITY-
BASED SERVICES UNDER CHAPTER 5 OF THE TOBACCO SETTLEMENT
ACT.
(II) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE
PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE
TOBACCO SETTLEMENT ACT.
(III) TWELVE AND SIX-TENTHS PERCENT FOR HEALTH AND
RELATED RESEARCH UNDER SECTION 906 OF THE TOBACCO
SETTLEMENT ACT.
(IV) ONE PERCENT FOR HEALTH AND RELATED RESEARCH
UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.
(V) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE
UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF
THE TOBACCO SETTLEMENT ACT.
(VI) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID
BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15
OF THE TOBACCO SETTLEMENT ACT.
(VII) THIRTY AND SEVENTY-TWO HUNDREDTHS PERCENT
SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED
FOR HEALTH-RELATED PURPOSES.
(2) IN ADDITION, ANY FEDERAL FUNDS RECEIVED FOR ANY OF
THESE PROGRAMS ARE SPECIFICALLY APPROPRIATED TO THOSE
PROGRAMS.
(3) ALL OTHER PAYMENTS AND REVENUE RECEIVED IN THE FUND
OTHER THAN THE ANNUAL PAYMENT SHALL REMAIN IN THE FUND AND
ARE AVAILABLE TO BE APPROPRIATED FOR HEALTH-RELATED PURPOSES.
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(C) LAPSES.--LAPSES SHALL REMAIN IN THE FUND EXCEPT THAT
LAPSES FROM MONEY PROVIDED FOR THE HOME AND COMMUNITY-BASED CARE
SERVICES SHALL BE REALLOCATED TO THE HOME AND COMMUNITY-BASED
CARE PROGRAM FOR USE IN SUCCEEDING YEARS.
(D) LOBBYING RESTRICTIONS.--NO MONEY DERIVED FROM
APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY FROM THE FUND MAY BE
USED FOR THE LOBBYING OF ANY STATE PUBLIC OFFICIAL.
(F) ALLOCATION OF LOCAL PROGRAM FUNDING.--
(1) FUNDING FOR LOCAL PROGRAMS UNDER SECTION 708(B) OF
THE TOBACCO SETTLEMENT ACT SHALL BE ALLOCATED AS FOLLOWS:
(I) THIRTY PERCENT OF GRANT FUNDING TO PRIMARY
CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED EQUALLY
AMONG EACH OF THE 67 COUNTIES.
(II) THE REMAINING 70% OF THE GRANT FUNDING TO
PRIMARY CONTRACTORS FOR LOCAL PROGRAMS SHALL BE ALLOCATED
ON A PER CAPITA BASIS OF EACH COUNTY WITH A POPULATION
GREATER THAN 60,000. THE PER CAPITA FORMULA SHALL BE
APPLIED ONLY TO THAT PORTION OF THE POPULATION THAT IS
GREATER THAN 60,000 FOR EACH COUNTY.
(2) BUDGETS SHALL BE DEVELOPED BY EACH PRIMARY
CONTRACTOR TO REFLECT SERVICE PLANNING AND EXPENDITURES IN
EACH COUNTY. EACH PRIMARY CONTRACTOR SHALL ENSURE THAT
SERVICES ARE AVAILABLE TO RESIDENTS OF EACH COUNTY AND MUST
EXPEND THE ALLOCATED FUNDS ON A PER-COUNTY BASIS PURSUANT TO
PARAGRAPH (1) AND THIS PARAGRAPH.
(3) THE DEPARTMENT OF HEALTH SHALL COMPILE A DETAILED
ANNUAL REPORT OF EXPENDITURES PER COUNTY AND THE SPECIFIC
PROGRAMS OFFERED IN EACH REGION. THIS REPORT SHALL BE MADE
AVAILABLE ON THE DEPARTMENT OF HEALTH'S PUBLICLY AVAILABLE
INTERNET WEBSITE WITHIN 60 DAYS FOLLOWING THE CLOSE OF EACH
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FISCAL YEAR.
(4) DURING THE THIRD QUARTER OF THE FISCAL YEAR, FUNDS
WHICH HAVE NOT BEEN SPENT WITHIN A SERVICE AREA MAY BE
REALLOCATED TO SUPPORT PROGRAMMING IN THE SAME REGION.
(G) TRANSFER.--THE STRATEGIC CONTRIBUTION PAYMENT RECEIVED
IN FISCAL YEAR 2012-2013, AND ALL ASSETS AND CASH IN THE HEALTH
ACCOUNT, SHALL BE TRANSFERRED TO THE FUND BY AUGUST 1, 2013.
SECTION 1723-A.1. DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
DEVELOPMENT FUND.
FUNDS IN THE FUND ARE APPROPRIATED TO THE DEPARTMENT ON A
CONTINUING BASIS FOR THE PURPOSES SET FORTH IN THIS SUBSECTION
AND SHALL BE DISTRIBUTED TO EACH ACTIVE AND OPERATING CATEGORY 1
LICENSEE CONDUCTING LIVE RACING AS FOLLOWS:
(1) AN AMOUNT EQUAL TO 18% OF THE DAILY GROSS TERMINAL
REVENUE OF EACH CATEGORY 1 LICENSEE SHALL BE DISTRIBUTED TO
EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE
RACING UNLESS THE DAILY ASSESSMENTS ARE AFFECTED BY THE DAILY
ASSESSMENT CAP PROVIDED FOR IN 4 PA.C.S. § 1405(C) (RELATING
TO PENNSYLVANIA RACE HORSE DEVELOPMENT FUND). IN CASES IN
WHICH THE DAILY ASSESSMENT CAP AFFECTS DAILY ASSESSMENTS, THE
DISTRIBUTION TO EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE
CONDUCTING LIVE RACING FOR THAT DAY SHALL BE A PERCENTAGE OF
THE TOTAL DAILY ASSESSMENTS PAID INTO THE FUND FOR THAT DAY
EQUAL TO THE GROSS TERMINAL REVENUE OF EACH ACTIVE AND
OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE RACING FOR THAT
DAY DIVIDED BY THE TOTAL GROSS TERMINAL REVENUE OF ALL ACTIVE
AND OPERATING CATEGORY 1 LICENSEES CONDUCTING LIVE RACING FOR
THAT DAY. EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (2.1), THE
DISTRIBUTIONS TO LICENSED RACING ENTITIES FROM THE FUND SHALL
BE ALLOCATED AS FOLLOWS:
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(I) EIGHTY PERCENT SHALL BE DEPOSITED WEEKLY INTO A
SEPARATE, INTEREST-BEARING PURSE ACCOUNT TO BE
ESTABLISHED BY AND FOR THE BENEFIT OF THE HORSEMEN. THE
EARNED INTEREST ON THE ACCOUNT SHALL BE CREDITED TO THE
PURSE ACCOUNT. LICENSEES SHALL COMBINE THESE FUNDS WITH
REVENUES FROM EXISTING PURSE AGREEMENTS TO FUND PURSES
FOR LIVE RACES CONSISTENT WITH THOSE AGREEMENTS WITH THE
ADVICE AND CONSENT OF THE HORSEMEN.
(II) FOR THOROUGHBRED TRACKS, 16% SHALL BE DEPOSITED
ON A MONTHLY BASIS INTO THE PENNSYLVANIA BREEDING FUND AS
DEFINED IN SECTION 223 OF THE RACE HORSE INDUSTRY REFORM
ACT. FOR STANDARDBRED TRACKS, 8% SHALL BE DEPOSITED ON A
MONTHLY BASIS IN THE PENNSYLVANIA SIRE STAKES FUND AS
DEFINED IN SECTION 224 OF THE RACE HORSE INDUSTRY REFORM
ACT, AND 8% SHALL BE DEPOSITED ON A MONTHLY BASIS INTO A
RESTRICTED ACCOUNT IN THE STATE RACING FUND TO BE KNOWN
AS THE PENNSYLVANIA STANDARDBRED BREEDERS DEVELOPMENT
FUND. THE STATE HARNESS RACING COMMISSION SHALL, IN
CONSULTATION WITH THE SECRETARY OF AGRICULTURE, BY RULE
OR BY REGULATION, ADOPT A STANDARDBRED BREEDERS PROGRAM
THAT WILL INCLUDE THE ADMINISTRATION OF THE PENNSYLVANIA
STALLION AWARD, THE PENNSYLVANIA BRED AWARD AND THE
PENNSYLVANIA SIRED AND BRED AWARD.
(III) FOUR PERCENT SHALL BE USED TO FUND HEALTH AND
PENSION BENEFITS FOR THE MEMBERS OF THE HORSEMEN'S
ORGANIZATIONS REPRESENTING THE OWNERS AND TRAINERS AT THE
RACETRACK AT WHICH THE LICENSED RACING ENTITY OPERATES
FOR THE BENEFIT OF THE ORGANIZATION'S MEMBERS, THEIR
FAMILIES, EMPLOYEES AND OTHERS IN ACCORDANCE WITH THE
RULES AND ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION,
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AS APPROVED BY THE STATE HORSE RACING COMMISSION OR THE
STATE HARNESS RACING COMMISSION. THIS AMOUNT SHALL BE
DEPOSITED WITHIN FIVE BUSINESS DAYS OF THE END OF EACH
MONTH INTO A SEPARATE ACCOUNT TO BE ESTABLISHED BY EACH
RESPECTIVE HORSEMEN'S ORGANIZATION AT A BANKING
INSTITUTION OF ITS CHOICE. OF THIS AMOUNT, $250,000 SHALL
BE PAID ANNUALLY BY THE HORSEMEN'S ORGANIZATION TO THE
THOROUGHBRED JOCKEYS OR STANDARDBRED DRIVERS ORGANIZATION
AT THE RACETRACK AT WHICH THE LICENSED RACING ENTITY
OPERATES FOR HEALTH INSURANCE, LIFE INSURANCE OR OTHER
BENEFITS TO ACTIVE AND DISABLED THOROUGHBRED JOCKEYS OR
STANDARDBRED DRIVERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THAT ORGANIZATION.
(2) DISTRIBUTIONS FROM THE FUND SHALL BE ALLOCATED AS
FOLLOWS:
(I) FOR FISCAL YEARS 2013-2014 AND 2014-2015, EACH
WEEK, $802,682 IN THE FUND SHALL BE TRANSFERRED TO THE
ACCOUNT. THIS TRANSFER SHALL NOT EXCEED $17,659,000
ANNUALLY.
(I.1) IN ADDITION TO THE TRANSFER UNDER SUBPARAGRAPH
(I), FOR A TOTAL OF 14 WEEKS FROM THE EFFECTIVE DATE OF
THIS SUBPARAGRAPH, EACH WEEK, $300,000 SHALL BE
TRANSFERRED FROM THE FUND, FOR A TOTAL AMOUNT OF
$4,200,000, TO THE STATE RACING FUND TO BE USED
EXCLUSIVELY FOR THE ENFORCEMENT OF THE ACT OF DECEMBER
17, 1981 (P.L.435, NO.135), KNOWN AS THE RACE HORSE
INDUSTRY REFORM ACT. MONEYS TRANSFERRED PURSUANT TO THIS
SUBPARAGRAPH SHALL NOT BE TRANSFERRED SUBSEQUENTLY TO ANY
OTHER STATE FUND OR ACCOUNT FOR ANY PURPOSE.
(I.2) FOR FISCAL YEAR 2015-2016, EACH WEEK FOR 20
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WEEKS, BEGINNING ON THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH, $1,300,000 IN THE FUND SHALL BE TRANSFERRED
TO THE ACCOUNT. THE TRANSFER SHALL NOT EXCEED $25,759,000
ANNUALLY.
(II) EACH WEEK, THE MONEY REMAINING IN THE FUND
AFTER ANY TRANSFER UNDER SUBPARAGRAPHS (I) [AND], (I.1)
AND (I.2) SHALL BE DISTRIBUTED TO EACH ACTIVE AND
OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE RACING IN
ACCORDANCE WITH THE FOLLOWING FORMULA:
(A) DIVIDE:
(I) THE TOTAL DAILY ASSESSMENTS PAID, BY
EACH ACTIVE AND OPERATING CATEGORY 1 LICENSEE
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK; BY
(II) THE TOTAL DAILY ASSESSMENTS PAID, BY
ALL ACTIVE AND OPERATING CATEGORY 1 LICENSEES
CONDUCTING LIVE RACING, INTO THE FUND FOR THAT
WEEK.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY
THE AMOUNT TO BE DISTRIBUTED UNDER THIS SUBPARAGRAPH.
(III) THE DISTRIBUTION UNDER SUBPARAGRAPH (II) SHALL
BE ALLOCATED AS FOLLOWS:
(A) THE GREATER OF 4% OF THE AMOUNT TO BE
DISTRIBUTED UNDER SUBPARAGRAPH (II) OR $220,000 SHALL
BE USED TO FUND HEALTH AND PENSION BENEFITS FOR THE
MEMBERS OF THE HORSEMEN'S ORGANIZATIONS REPRESENTING
THE OWNERS AND TRAINERS AT THE RACETRACK AT WHICH THE
LICENSED RACING ENTITY OPERATES FOR THE BENEFIT OF
THE ORGANIZATION'S MEMBERS, THEIR FAMILIES, EMPLOYEES
AND OTHERS IN ACCORDANCE WITH THE RULES AND
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ELIGIBILITY REQUIREMENTS OF THE ORGANIZATION, AS
APPROVED BY THE STATE HORSE RACING COMMISSION OR THE
STATE HARNESS RACING COMMISSION. THIS AMOUNT SHALL BE
DEPOSITED WITHIN FIVE BUSINESS DAYS OF THE END OF
EACH WEEK INTO A SEPARATE ACCOUNT TO BE ESTABLISHED
BY EACH RESPECTIVE HORSEMEN'S ORGANIZATION AT A
BANKING INSTITUTION OF ITS CHOICE. OF THIS AMOUNT, A
MINIMUM OF $250,000 SHALL BE PAID ANNUALLY BY THE
HORSEMEN'S ORGANIZATION TO THE THOROUGHBRED JOCKEYS
OR STANDARDBRED DRIVERS ORGANIZATION AT THE RACETRACK
AT WHICH THE LICENSED RACING ENTITY OPERATES FOR
HEALTH INSURANCE, LIFE INSURANCE OR OTHER BENEFITS TO
ACTIVE AND DISABLED THOROUGHBRED JOCKEYS OR
STANDARDBRED DRIVERS IN ACCORDANCE WITH THE RULES AND
ELIGIBILITY REQUIREMENTS OF THAT ORGANIZATION. THE
TOTAL DISTRIBUTION UNDER THIS CLAUSE IN ANY FISCAL
YEAR SHALL NOT EXCEED $11,400,000.
(B) OF THE MONEY REMAINING TO BE DISTRIBUTED
UNDER SUBPARAGRAPH (II) AFTER APPLICATION OF CLAUSE
(A), THE FOLLOWING DISBURSEMENTS SHALL BE MADE:
(I) EIGHTY-THREE AND ONE-THIRD PERCENT OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO A
SEPARATE, INTEREST-BEARING PURSE ACCOUNT TO BE
ESTABLISHED BY AND FOR THE BENEFIT OF THE
HORSEMEN. THE EARNED INTEREST ON THE ACCOUNT
SHALL BE CREDITED TO THE PURSE ACCOUNT. LICENSEES
SHALL COMBINE THESE FUNDS WITH REVENUES FROM
EXISTING PURSE AGREEMENTS TO FUND PURSES FOR LIVE
RACES CONSISTENT WITH THOSE AGREEMENTS WITH THE
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ADVICE AND CONSENT OF THE HORSEMEN.
(II) FOR THOROUGHBRED TRACKS, 16 AND 2/3% OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO THE
PENNSYLVANIA BREEDING FUND ESTABLISHED IN SECTION
223 OF THE RACE HORSE INDUSTRY REFORM ACT. FOR
STANDARDBRED TRACKS, 8 AND 1/3% OF THE MONEY TO
BE DISTRIBUTED UNDER THIS CLAUSE SHALL BE
DEPOSITED ON A WEEKLY BASIS INTO THE PENNSYLVANIA
SIRE STAKES FUND AS DEFINED IN SECTION 224 OF THE
RACE HORSE INDUSTRY REFORM ACT; AND 8 AND 1/3% OF
THE MONEY TO BE DISTRIBUTED UNDER THIS CLAUSE
SHALL BE DEPOSITED ON A WEEKLY BASIS INTO A
RESTRICTED ACCOUNT IN THE STATE RACING FUND TO BE
KNOWN AS THE PENNSYLVANIA STANDARDBRED BREEDERS
DEVELOPMENT FUND. THE STATE HARNESS RACING
COMMISSION SHALL, IN CONSULTATION WITH THE
SECRETARY OF AGRICULTURE, PROMULGATE REGULATIONS
ADOPTING A STANDARDBRED BREEDERS PROGRAM THAT
WILL INCLUDE THE ADMINISTRATION OF THE
PENNSYLVANIA STALLION AWARD, THE PENNSYLVANIA
BRED AWARD AND THE PENNSYLVANIA SIRED AND BRED
AWARD.
SECTION 10. ARTICLE XVII-A.1 OF THE ACT IS AMENDED BY ADDING
SUBARTICLES TO READ:
SUBARTICLE D
MISCELLANEOUS LIMITATIONS AND TRANSFERS
SECTION 1731-A.1. (RESERVED).
SECTION 1732-A.1. (RESERVED).
SECTION 1733-A.1. WORKMEN'S COMPENSATION ADMINISTRATION FUND.
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WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
$3,100,000 SHALL BE TRANSFERRED FROM THE WORKMEN'S COMPENSATION
ADMINISTRATION FUND TO THE UNINSURED EMPLOYERS GUARANTEE FUND.
SECTION 1734-A.1. DORMITORY SPRINKLERS.
BY JUNE 1, 2016, $4,500,000 SHALL BE TRANSFERRED FROM THE
ACCOUNT ESTABLISHED IN SECTION 3(B) OF THE ACT OF DECEMBER 20,
2001 (P.L.969, NO.116), KNOWN AS THE DORMITORY SPRINKLER SYSTEM
ACT TO THE GENERAL FUND.
SECTION 1735-A.1. DRUG AND ALCOHOL PROGRAMS.
FOR FISCAL YEAR 2015-2016, $2,500,000 FROM THE SALE OF LIQUOR
AND ALCOHOL SHALL BE TRANSFERRED TO THE OFFICE OF DRUG AND
ALCOHOL PROGRAMS FOR THE PURPOSES SET FORTH IN SECTION 802(C) OF
THE LIQUOR CODE.
SUBARTICLE E
NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND
SECTION 1741-A.1. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AUTHORITY." THE COMMONWEALTH FINANCING AUTHORITY.
"FUND." THE NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND.
"MARCELLUS LEGACY FUND." THE FUND ESTABLISHED IN 58 PA.C.S.
§ 2315 (RELATING TO STATEWIDE INITIATIVES).
SECTION 1742-A.1. NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND.
THE NATURAL GAS INFRASTRUCTURE DEVELOPMENT FUND IS
ESTABLISHED IN THE STATE TREASURY.
SECTION 1743-A.1. TRANSFER OF FUNDS.
THE SUM OF $12,000,000 ALLOCATED UNDER SECTION 307(C) OF THE
ACT OF JULY 9, 2008 (1ST SP.SESS., P.L.1873, NO.1), KNOWN AS THE
ALTERNATIVE ENERGY INVESTMENT ACT, SHALL BE TRANSFERRED TO THE
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FUND FOR USE BY THE AUTHORITY.
SECTION 1744-A.1. USE OF FUNDS.
(A) GRANTS.--THE AUTHORITY SHALL USE THE FUND TO PROVIDE
GRANTS TO OBTAIN ACCESS TO NATURAL GAS TO ANY OF THE FOLLOWING:
(1) HOSPITALS.
(2) BUSINESSES.
(3) ECONOMIC DEVELOPMENT ORGANIZATIONS.
(4) MUNICIPALITIES.
(5) COUNTIES.
(6) SCHOOL DISTRICTS.
(B) ELIGIBLE USES.--GRANTS AWARDED UNDER THIS SECTION MAY BE
USED FOR PROJECTS WHICH EXPAND ACCESS TO NATURAL GAS
INFRASTRUCTURE, INCLUDING COSTS ASSOCIATED WITH LIMITING
ENVIRONMENTAL IMPACTS AND PROTECTING PUBLIC LANDS.
(C) GUIDELINES.--THE AUTHORITY SHALL DEVELOP GUIDELINES FOR
THE FOLLOWING:
(1) SELECTING ELIGIBLE PROJECTS TO RECEIVE GRANTS.
(2) USE OF MONEY BY APPLICANTS THAT RECEIVE GRANTS.
SECTION 1745-A.1. AMOUNT OF GRANT.
THE AUTHORITY MAY PROVIDE A GRANT FOR NOT MORE THAN THE
LESSER OF:
(1) 50% OF THE COST OF A PROJECT; OR
(2) $1,000,000.
SECTION 1746-A.1. GUIDELINES FOR APPLICATIONS.
THE AUTHORITY SHALL:
(1) DEVELOP GUIDELINES FOR SUBMITTING APPLICATIONS FOR A
GRANT; AND
(2) GIVE PRIORITY TO APPLICATIONS THAT WILL RESULT IN
ADJOINING RESIDENTIAL AND NONRESIDENTIAL PROPERTIES OBTAINING
NATURAL GAS.
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SECTION 11. SECTION 1719-E OF THE ACT, ADDED JULY 17, 2007
(P.L.141, NO.42), IS AMENDED TO READ:
SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.
(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO
APPROPRIATIONS FOR THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT:
(1) NO MORE THAN 20% OF FUNDS APPROPRIATED FOR GRANTS
UNDER THE ACT OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS
THE HOUSING AND REDEVELOPMENT ASSISTANCE LAW, SHALL BE
ALLOCATED TO ANY ONE POLITICAL SUBDIVISION.
(2) (RESERVED).
(B) LIMITATION.--THE SECRETARY OF COMMUNITY AND ECONOMIC
DEVELOPMENT IS PROHIBITED FROM CERTIFYING THAT THE
INTERGOVERNMENTAL COOPERATION AUTHORITY IS NO LONGER NECESSARY
UNDER SECTION 204 OF THE ACT OF FEBRUARY 12, 2004 (P.L.73,
NO.11), KNOWN AS THE INTERGOVERNMENTAL COOPERATION AUTHORITY ACT
FOR CITIES OF THE SECOND CLASS, UNTIL OVERSIGHT IS TERMINATED
PURSUANT TO THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS
THE MUNICIPALITIES FINANCIAL RECOVERY ACT.
SECTION 12. SECTIONS 1722-E AND 1723-E OF THE ACT, AMENDED
OCTOBER 9, 2009 (P.L.537, NO.50), ARE AMENDED TO READ:
SECTION 1722-E. DEPARTMENT OF EDUCATION.
(A) GENERAL RULE.--FOR THE 2010-2011 SCHOOL YEAR AND EVERY
SCHOOL YEAR THEREAFTER, PAYMENTS UNDER SECTION 1376.1(B.2) OF
THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
SCHOOL CODE OF 1949, FOR A CHARTERED SCHOOL THAT ESTABLISHES A
SATELLITE CAMPUS WITH THE APPROVAL OF THE DEPARTMENT FOR THE
PURPOSE OF ENROLLING STUDENTS PREVIOUSLY ENROLLED IN A SCHOOL
FOR THE DEAF FORMERLY OPERATED BY THE COMMONWEALTH SHALL, IN
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ADDITION TO ANY AMOUNT OTHERWISE CALCULATED UNDER SECTION
1376.1(B.2), INCLUDE THE AMOUNT PROVIDED IN FISCAL YEAR 2009-
2010 PURSUANT TO SECTION 1722-J(10)(II). THE TOTAL SHALL BE
SUBJECT TO THE ANNUAL ADJUSTMENT UNDER SECTION 1376.1(B.2)(1) OF
THE PUBLIC SCHOOL CODE OF 1949.
(B) ADDITIONAL FUNDING.--FOR THE 2010-2011 AND 2011-2012
SCHOOL YEARS, IN ADDITION TO ANY OTHER FUNDS PROVIDED TO IT, THE
DEPARTMENT SHALL PROVIDE TO A CHARTERED SCHOOL THAT ESTABLISHES
A SATELLITE CAMPUS WITH APPROVAL OF THE DEPARTMENT FOR THE
PURPOSE OF ENROLLING STUDENTS PREVIOUSLY ENROLLED IN A SCHOOL
FOR THE DEAF FORMERLY OPERATED BY THE COMMONWEALTH, OUT OF FUNDS
APPROPRIATED TO THE DEPARTMENT, AN AMOUNT EQUAL TO $500,000
ANNUALLY TO THE EXTENT APPROPRIATED BY THE GENERAL ASSEMBLY.
(C) PUBLIC SCHOOL EMPLOYEES' RETIREMENT CONTRIBUTION
RESTRICTED ACCOUNT.--
(1) THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT CONTRIBUTION
RESTRICTED ACCOUNT IS ESTABLISHED IN THE GENERAL FUND.
(2) MONEY DEPOSITED IN THE ACCOUNT, INCLUDING THE RETURN
ON THE MONEY, IS APPROPRIATED TO THE DEPARTMENT FOR THE
ANNUAL PAYMENT OF THE COMMONWEALTH'S OBLIGATION UNDER 24
PA.C.S. § 8326 (RELATING TO CONTRIBUTIONS BY THE
COMMONWEALTH).
SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(A) FEE.--THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY
ASSESS A FEE TO APPLICANTS WHO APPLY FOR FUNDS UNDER SECTION 306
OF THE ACT OF JULY 9, 2008 (1ST SP.SESS., P.L.1873, NO.1), KNOWN
AS THE ALTERNATIVE ENERGY INVESTMENT ACT. THE DEPARTMENT SHALL
PUBLISH THE FEE ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.
PROCEEDS FROM THE FEE SHALL BE USED TO ADMINISTER THE PROVISION
OF LOANS, GRANTS, REIMBURSEMENTS OR REBATES UNDER SECTION 306 OF
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THE ALTERNATIVE ENERGY INVESTMENT ACT. NO FEE AUTHORIZED UNDER
THIS SECTION MAY EXCEED $150 FOR COMMERCIAL APPLICANTS AND $100
FOR RESIDENTIAL APPLICANTS.
(B) SUBMISSION OF STATE PLAN FOR GREENHOUSE GAS
REGULATION.--THIS SUBSECTION IS INTENDED TO ADDRESS CHANGES IN
STATE PLAN SUBMISSION DEADLINES ADOPTED BY THE EPA WHICH OCCUR
IN FISCAL YEAR 2015-2016 IN ORDER TO ALLOW THE GENERAL ASSEMBLY
ADEQUATE TIME TO RESPOND TO THE STATE PLAN BY COORDINATING THIS
ARTICLE AND ARTICLES XVII-L AND XVII-M WITH THE ACT OF OCTOBER
22, 2014 (P.L.2873, NO.175), KNOWN AS THE PENNSYLVANIA
GREENHOUSE GAS REGULATION IMPLEMENTATION ACT. THE FOLLOWING
APPLY:
(1) NOT LESS THAN 180 DAYS PRIOR TO THE DEPARTMENT
SUBMITTING THE STATE PLAN TO THE EPA FOR APPROVAL, THE
DEPARTMENT SHALL TRANSMIT THE PLAN TO THE GENERAL ASSEMBLY
FOR APPROVAL.
(2) UPON TRANSMISSION UNDER PARAGRAPH (1), THE STATE
PLAN SHALL BE:
(I) PROPOSED AS A RESOLUTION IN EACH CHAMBER;
(II) PLACED ON THE CALENDAR OF EACH CHAMBER FOR THE
NEXT LEGISLATIVE DAY FOLLOWING TRANSMISSION; AND
(III) C ONSIDERED BY EACH CHAMBER WITHIN 20 DAYS
AFTER PLACEMENT UNDER SUBPARAGRAPH (II).
(3) IF EACH CHAMBER OF THE GENERAL ASSEMBLY ADOPTS THE
RESOLUTION UNDER PARAGRAPH (2), THE DEPARTMENT MAY SUBMIT THE
STATE PLAN TO THE EPA FOR CONSIDERATION.
(4) IF EITHER CHAMBER OF THE GENERAL ASSEMBLY
DISAPPROVES THE RESOLUTION UNDER PARAGRAPH (2), THE
DEPARTMENT MAY NOT SUBMIT THE STATE PLAN TO THE EPA FOR
CONSIDERATION. THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING:
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(I) DETERMINE THE REASONS FOR DISAPPROVAL AND MODIFY
THE STATE PLAN.
(II) CAUSE THE STATE PLAN TO BE RESUBMITTED TO THE
GENERAL ASSEMBLY UTILIZING THE PROCESS DELINEATED UNDER
PARAGRAPH (2) WITHIN 60 DAYS OF THE DISAPPROVAL.
(III) IF NECESSARY, REQUEST AN EXTENSION OF TIME
FROM THE EPA BY SUBMITTING AN INITIAL STATE PLAN BY
SEPTEMBER 6, 2016, THAT MEETS THE MINIMUM REQUIREMENTS
FOR AN INITIAL STATE PLAN, AS SPECIFIED IN THE PLAN
GUIDELINES PUBLISHED BY THE EPA. THE DEPARTMENT SHALL
TRANSMIT THE FOLLOWING MESSAGE WITH ITS SUBMITTAL UNDER
THIS SUBPARAGRAPH:
BE ADVISED THAT THE STATE PLAN SUBMITTED BY THE
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
PROTECTION HAS NOT YET MET THE REQUIREMENTS OF
THE PENNSYLVANIA GREENHOUSE GAS REGULATION
IMPLEMENTATION ACT REQUIRING AFFIRMATIVE APPROVAL
OF THE GENERAL ASSEMBLY. IT IS THE INTENTION OF
THE COMMONWEALTH OF PENNSYLVANIA TO SUBMIT A
STATE PLAN WHICH CONFORMS TO THIS RULEMAKING.
UNDER SECTION 111(D) OF THE CLEAN AIR ACT, STATES
MUST BE GIVEN AN OPPORTUNITY TO MEET FEDERAL
ENVIRONMENTAL STANDARDS SET FORTH BY THE
ENVIRONMENTAL PROTECTION AGENCY. THE COMMONWEALTH
OF PENNSYLVANIA HEREBY INVOKES THE AUTHORITY
PROVIDED TO IT UNDER SECTION 111(D) OF THE CLEAN
AIR ACT, AND, IN ACCORDANCE WITH THE PENNSYLVANIA
GREENHOUSE GAS IMPLEMENTATION ACT, WILL BE MAKING
A FURTHER FILING WITH THE AGENCY.
(5) IF NO VOTE IS TAKEN BY EITHER CHAMBER OF THE GENERAL
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ASSEMBLY TO APPROVE OR DISAPPROVE THE RESOLUTION UNDER
PARAGRAPH (2) BEFORE AUGUST 22, 2016, THE STATE PLAN SHALL BE
DEEMED APPROVED AND SHALL BE SUBMITTED TO THE EPA
IMMEDIATELY.
(6) IF EITHER CHAMBER OF THE GENERAL ASSEMBLY FAILS TO
APPROVE A RESUBMITTED PLAN UNDER PARAGRAPH (4)(II) WITHIN 60
DAYS OF THE EXTENSION DEADLINE UNDER 40 CFR § 60.5760
(RELATING TO TIMING REQUIREMENTS FOR PLAN SUBMISSION), THE
RESUBMITTED PLAN SHALL BE DEEMED APPROVED.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"EPA." THE ENVIRONMENTAL PROTECTION AGENCY OR THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY.
"CLEAN POWER PLAN." THE EPA REGULATORY PACKAGE ENTITLED
"CARBON POLLUTION EMISSION GUIDELINES FOR EXISTING STATIONARY
SOURCES: ELECTRIC UTILITY GENERATING UNITS," PUBLISHED AT 80 FR
64662-01 (OCTOBER 23, 2015).
"STATE PLAN." THE STATE PLAN AUTHORIZED BY THE CLEAN POWER
PLAN UNDER DOCKET EPA-HQ-OAR-2013-0602-36051.
SECTION 13. SECTION 1724-E OF THE ACT, ADDED JULY 17, 2007
(P.L.141, NO.42), IS AMENDED TO READ:
SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES [(RESERVED)].
THE GENERAL ASSEMBLY SHALL PROVIDE ANNUAL APPROPRIATIONS TO
SUPPORT THE PROVISION OF FIRE SERVICES TO THE CAPITOL COMPLEX IN
THE CITY OF HARRISBURG.
SECTION 14. SECTION 1729-E OF THE ACT, AMENDED OR ADDED JULY
17, 2007 (P.L.141, NO.42) AND JULY 2, 2012 (P.L.823, NO.87), IS
AMENDED TO READ:
SECTION 1729-E. DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES.
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THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES:
(1) ANY RULE, REGULATION OR POLICY FOR THE FEDERAL OR
STATE APPROPRIATIONS FOR THE CASH ASSISTANCE, OUTPATIENT,
INPATIENT, CAPITATION, BEHAVIORAL HEALTH, LONG-TERM CARE AND
SUPPLEMENTAL GRANTS TO THE AGED, BLIND AND DISABLED, CHILD
CARE AND ATTENDANT CARE PROGRAMS ADOPTED BY THE SECRETARY OF
PUBLIC WELFARE DURING THE FISCAL YEAR WHICH ADDS TO THE COST
OF ANY PUBLIC ASSISTANCE PROGRAM SHALL BE EFFECTIVE ONLY FROM
AND AFTER THE DATE UPON WHICH IT IS APPROVED AS TO THE
AVAILABILITY OF FUNDS BY THE GOVERNOR.
(2) FEDERAL AND STATE MEDICAL ASSISTANCE PAYMENTS. THE
FOLLOWING SHALL APPLY:
(I) NO FUNDS APPROPRIATED FOR APPROVED CAPITATION
PLANS SHALL BE USED TO PAY A PROVIDER WHO FAILS TO SUPPLY
INFORMATION IN A FORM REQUIRED BY THE DEPARTMENT IN ORDER
TO FACILITATE CLAIMS FOR FEDERAL FINANCIAL PARTICIPATION
FOR SERVICES RENDERED TO GENERAL ASSISTANCE CLIENTS.
(II) (RESERVED).
(III) (RESERVED).
(IV) (RESERVED).
(V) (RESERVED).
(VI) (RESERVED).
(VII) THE FOLLOWING SHALL APPLY TO ELIGIBILITY
DETERMINATIONS FOR SERVICES UNDER MEDICAL ASSISTANCE:
(A) UNLESS THE CUSTODIAL PARENT OR LEGALLY
RESPONSIBLE ADULT HAS PROVIDED TO THE DEPARTMENT, AT
APPLICATION OR REDETERMINATION, INFORMATION REQUIRED
BY THE DEPARTMENT FOR INCLUSION IN THE ANNUAL REPORT
UNDER CLAUSE (B), NO FUNDS FROM AN APPROPRIATION FOR
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MEDICAL ASSISTANCE SHALL BE USED TO PAY FOR MEDICAL
ASSISTANCE SERVICES FOR A CHILD UNDER 21 YEARS OF
AGE:
(I) WHO HAS A SUPPLEMENTAL SECURITY INCOME
(SSI) LEVEL OF DISABILITY; AND
(II) WHOSE PARENTAL INCOME IS NOT CURRENTLY
CONSIDERED IN THE ELIGIBILITY DETERMINATION
PROCESS.
(B) THE DEPARTMENT SHALL SUBMIT TO THE PUBLIC
HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
HEALTH COMMITTEE AND HUMAN SERVICES COMMITTEE OF THE
HOUSE OF REPRESENTATIVES AN ANNUAL REPORT INCLUDING
THE FOLLOWING DATA:
(I) FAMILY SIZE.
(II) HOUSEHOLD INCOME.
(III) COUNTY OF RESIDENCE.
(IV) LENGTH OF RESIDENCE IN THIS
COMMONWEALTH.
(V) THIRD-PARTY INSURANCE INFORMATION.
(VI) DIAGNOSIS AND TYPE AND COST OF SERVICES
PAID FOR BY THE MEDICAL ASSISTANCE PROGRAM ON
BEHALF OF EACH ELIGIBLE AND ENROLLED CHILD
DESCRIBED IN CLAUSE (A).
(3) THE FOLLOWING SHALL APPLY:
(I) IF, IN ANY FISCAL YEAR, THE ANNUAL APPROPRIATION
FOR PAYMENTS TO COUNTIES UNDER SECTION 704.1(A) OF THE
ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC
WELFARE CODE, HAS NOT BEEN ENACTED BY SEPTEMBER 1, AN
AMOUNT SHALL BE APPROPRIATED AS OF SEPTEMBER 1 TO THE
DEPARTMENT OF HUMAN SERVICES FOR THE PURPOSE OF MAKING
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PAYMENTS TO COUNTIES UNDER SECTION 704.1(G)(5) AND (G.1)
OF THE PUBLIC WELFARE CODE THAT IS EQUAL TO THE
DIFFERENCE BETWEEN:
(A) THE AMOUNT OF FUNDS SPECIFIED AS THE
AGGREGATE CHILD WELFARE NEEDS-BASED BUDGET ALLOCATION
BY THE GENERAL ASSEMBLY UNDER SECTION 709.3(C.1) OF
THE PUBLIC WELFARE CODE IN THE GENERAL APPROPRIATION
ACT FOR THE IMMEDIATELY PRECEDING FISCAL YEAR AS
NECESSARY TO FUND CHILD WELFARE SERVICES PROVIDED FOR
THAT FISCAL YEAR; AND
(B) THE AMOUNT OF FUNDS ACTUALLY PROVIDED FOR
REIMBURSEMENT TO COUNTIES DURING THAT FISCAL YEAR.
(II) THE DEPARTMENT MAY ADJUST ANY PAYMENT TO A
COUNTY UNDER SECTION 704.1(G) OF THE PUBLIC WELFARE CODE
BASED ON THE AMOUNT OF FUNDS ACTUALLY APPROPRIATED BY THE
GENERAL ASSEMBLY.
(III) WITHIN FIVE DAYS OF EXECUTING THE AUTHORITY
GRANTED IN THIS PARAGRAPH AND WEEKLY THEREAFTER, THE
SECRETARY OF THE BUDGET SHALL INFORM THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF
THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON
OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OF THE AMOUNT OF PAYMENTS MADE TO EACH
COUNTY UNDER THIS SECTION.
(4) SUFFICIENT MONEY HAS BEEN APPROPRIATED TO THE
DEPARTMENT TO CONDUCT A STUDY, IN CONSULTATION WITH THE
DEPARTMENT OF EDUCATION, TO DETERMINE HOW THE COMMONWEALTH
MAY BETTER COORDINATE THE DELIVERY OF EDUCATION AND SOCIAL
SERVICES. THE STUDY SHALL INCLUDE INFORMATION ON RESEARCH-
BASED CHILD OUTCOMES OF INITIATIVES WHICH COORDINATE THE
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DELIVERY OF EDUCATION AND SOCIAL SERVICES IN THIS
COMMONWEALTH AND OTHER STATES. THE DEPARTMENT SHALL REQUEST
PUBLIC INPUT FOR CONSIDERATION. WITHIN 180 DAYS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH, THE DEPARTMENT SHALL SUBMIT
A REPORT TO THE EDUCATION COMMITTEE OF THE SENATE, THE PUBLIC
HEALTH AND WELFARE COMMITTEE OF THE SENATE, THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE HEALTH
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, STATING THE
FINDINGS OF THE STUDY AND MAKING RECOMMENDATIONS FOR A PILOT
PROGRAM IN A SCHOOL SETTING.
SECTION 15. SECTION 1733-E OF THE ACT, AMENDED OCTOBER 9,
2009 (P.L.537, NO.50), IS AMENDED TO READ:
SECTION 1733-E. PENNSYLVANIA STATE POLICE.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
PENNSYLVANIA STATE POLICE:
(1) THE PENNSYLVANIA STATE POLICE MAY NOT CLOSE A
BARRACKS UNTIL THE PENNSYLVANIA STATE POLICE CONDUCTS A
PUBLIC HEARING AND PROVIDES 30 DAYS' NOTICE, WHICH SHALL BE
PUBLISHED IN THE PENNSYLVANIA BULLETIN AND IN AT LEAST TWO
LOCAL NEWSPAPERS.
(2) [(RESERVED).] PAYMENTS MADE TO MUNICIPALITIES UNDER
53 PA.C.S. § 2170 (RELATING TO REIMBURSEMENT OF EXPENSES)
SHALL BE LIMITED TO MONEY AVAILABLE. IF MONEY IS NOT
AVAILABLE TO MAKE FULL PAYMENTS, THE MUNICIPAL POLICE
OFFICERS' EDUCATION AND TRAINING COMMISSION SHALL MAKE
PAYMENTS ON A PRO RATA BASIS.
SECTION 16. SECTION 1741.1-E OF THE ACT, ADDED JULY 10, 2014
(P.L.1053, NO.126), IS AMENDED TO READ:
SECTION 1741.1-E. ENVIRONMENTAL QUALITY BOARD.
(A) REGULATIONS.--FROM FUNDS APPROPRIATED TO THE
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ENVIRONMENTAL QUALITY BOARD, THE BOARD SHALL PROMULGATE PROPOSED
REGULATIONS AND REGULATIONS UNDER 58 PA.C.S. (RELATING TO OIL
AND GAS) OR OTHER LAWS OF THIS COMMONWEALTH RELATING TO
CONVENTIONAL OIL AND GAS WELLS SEPARATELY FROM PROPOSED
REGULATIONS AND REGULATIONS RELATING TO UNCONVENTIONAL GAS
WELLS. ALL REGULATIONS UNDER 58 PA.C.S. SHALL DIFFERENTIATE
BETWEEN CONVENTIONAL OIL AND GAS WELLS AND UNCONVENTIONAL GAS
WELLS. [REGULATIONS PROMULGATED UNDER THIS SECTION] THIS
SUBSECTION SHALL APPLY TO REGULATIONS PROMULGATED ON OR AFTER
THE EFFECTIVE DATE OF THIS [SECTION] SUBSECTION.
(B) RULEMAKING PROHIBITION.--
(1) THE BOARD MAY NOT ADOPT OR PROMULGATE:
(I) A REVISION OF 25 PA. CODE CH. 78 (RELATING TO
OIL AND GAS WELLS) APPLICABLE TO THE OPERATION OF
CONVENTIONAL OIL AND GAS WELLS WHICH WAS FORMULATED OR
PROPOSED IN ANY FORM PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION; OR
(II) A REGULATION APPLICABLE TO THE OPERATION OF
CONVENTIONAL OIL AND GAS WELLS WHICH WAS FORMULATED OR
PROPOSED IN ANY FORM PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION.
(2) AS TO ANY RULEMAKING PROCEDURE CONCERNING
CONVENTIONAL OIL AND GAS WELLS WHICH WAS PUBLISHED FOR THE
BOARD OR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
PENNSYLVANIA BULLETIN AFTER NOVEMBER 30, 2013, AND BEFORE THE
EFFECTIVE DATE OF THIS PARAGRAPH, THE GENERAL ASSEMBLY FINDS
AND DECLARES THAT, AS TO CONVENTIONAL OIL AND GAS WELLS:
(I) THE RULEMAKING PROCEDURE IS INVALID AS NOT IN
COMPLIANCE WITH THE RULEMAKING STANDARDS OF THE ACT OF
JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
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REVIEW ACT.
(II) REGULATIONS PROMULGATED UNDER THE RULEMAKING
PROCEDURE ARE ABROGATED. THIS SUBPARAGRAPH APPLIES
REGARDLESS OF THE DATE OF PUBLICATION OF FINAL-FORM
RULEMAKING IN THE PENNSYLVANIA BULLETIN.
(C) FUTURE RULEMAKING.--AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION, THE BOARD MAY INITIATE THE FORMULATION, ADOPTION OR
PROMULGATION OF REGULATIONS FOR OPERATION OF CONVENTIONAL OIL
AND GAS WELLS IN ACCORDANCE WITH LAW. THE FORMULATION, ADOPTION
OR PROMULGATION SHALL BE ACCOMPANIED BY THE SUBMISSION OF A
REGULATORY ANALYSIS FORM WHICH IS PREPARED FOLLOWING THE
EFFECTIVE DATE OF THIS PARAGRAPH.
[(B)] (D) DEFINITIONS.--AS USED IN THIS SECTION, THE
FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO
THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES
OTHERWISE:
"CONVENTIONAL OIL AND GAS WELL." A BORE HOLE DRILLED FOR THE
PURPOSE OF PRODUCING OIL OR GAS FROM A CONVENTIONAL FORMATION.
THE TERM INCLUDES ANY OF THE FOLLOWING:
(1) A WELL DRILLED TO PRODUCE OIL.
(2) A WELL DRILLED TO PRODUCE NATURAL GAS FROM
FORMATIONS OTHER THAN SHALE FORMATIONS.
(3) A WELL DRILLED TO PRODUCE NATURAL GAS FROM SHALE
FORMATIONS LOCATED ABOVE THE BASE OF THE ELK GROUP OR ITS
STRATIGRAPHIC EQUIVALENT.
(4) A WELL DRILLED TO PRODUCE NATURAL GAS FROM SHALE
FORMATIONS LOCATED BELOW THE BASE OF THE ELK GROUP WHERE
NATURAL GAS CAN BE PRODUCED AT ECONOMIC FLOW RATES OR IN
ECONOMIC VOLUMES WITHOUT THE USE OF VERTICAL OR NONVERTICAL
WELL BORES STIMULATED BY HYDRAULIC FRACTURE TREATMENTS OR BY
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USING MULTILATERAL WELL BORES OR OTHER TECHNIQUES TO EXPOSE
MORE OF THE FORMATION TO THE WELL BORE.
(5) IRRESPECTIVE OF FORMATION, A WELL DRILLED FOR
COLLATERAL PURPOSES, SUCH AS MONITORING, GEOLOGIC LOGGING,
SECONDARY AND TERTIARY RECOVERY OR DISPOSAL INJECTION.
"UNCONVENTIONAL GAS WELL." AS DEFINED IN 58 PA.C.S. § 2301
(RELATING TO DEFINITIONS).
SECTION 16.1. SECTION 1750-E OF THE ACT, ADDED JULY 17, 2007
(P.L.141, NO.42), IS AMENDED TO READ:
SECTION 1750-E. PENNSYLVANIA HOUSING FINANCE AGENCY
[(RESERVED)].
(A) ESTABLISHMENT.--THE HOMEOWNERSHIP ASSISTANCE PROGRAM IS
ESTABLISHED AND SHALL BE ADMINISTERED BY THE AGENCY IN
COORDINATION WITH THE DEPARTMENT.
(B) AWARD.--THE AGENCY MAY AWARD FINANCIAL ASSISTANCE TO AN
APPLICANT WHO IS A FIRST-TIME HOMEBUYER UNDER THIS SUBSECTION.
FINANCIAL ASSISTANCE MAY INCLUDE EITHER OF THE FOLLOWING:
(1) DOWN PAYMENT ON THE PURCHASE OF A PRIMARY RESIDENCE.
DOWN PAYMENT ASSISTANCE SHALL EQUAL THE LESSER OF THE
FOLLOWING:
(I) TWENTY PERCENT OF THE SALE PRICE OF THE HOME.
(II) TEN THOUSAND DOLLARS.
(2) CLOSING COSTS ON THE PURCHASE OF A PRIMARY
RESIDENCE, WHICH SHALL EQUAL 5% OF THE SALE PRICE OF THE HOME
AND MAY NOT EXCEED THE LESSER OF THE FOLLOWING:
(I) THE TOTAL AMOUNT OF CLOSING COSTS DUE.
(II) TEN THOUSAND DOLLARS.
(C) TYPES.--THE AGENCY MAY AWARD FINANCIAL ASSISTANCE IN ANY
OF THE FOLLOWING FORMS AND MANNERS BASED ON REVIEW OF THE
APPLICANT'S PERSONAL FINANCES:
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(1) A GRANT.
(2) A NO-INTEREST, FORGIVABLE LOAN. A LOAN AWARDED UNDER
THIS PARAGRAPH SHALL BE REDUCED BY 20% PER YEAR OVER FIVE
YEARS BEGINNING ON THE DATE OF CLOSING. AN APPLICANT WHO
SELLS THE HOME PRIOR TO THE EXPIRATION OF FIVE YEARS OR WHO
CEASES TO USE THE HOME AS THE APPLICANT'S PRIMARY RESIDENCE
PRIOR TO THE EXPIRATION OF THE FIVE-YEAR FORGIVENESS PERIOD
SHALL REPAY ANY REMAINING PRINCIPAL AMOUNT OF LOAN TO THE
AGENCY IN A TIME AND MANNER DETERMINED BY THE AGENCY.
(3) A DEFERRED LOAN REPAYABLE UPON THE SALE OF THE
PROPERTY. A LOAN UNDER THIS PARAGRAPH MUST BE REPAID UPON THE
SALE OF THE HOME BY THE APPLICANT. THE AMOUNT OF THE
REPAYMENT SHALL EQUAL 105% OF THE TOTAL AMOUNT OF THE LOAN
AWARDED AND SHALL BE PAYABLE TO THE AGENCY IN A TIME AND
MANNER DETERMINED BY THE AGENCY.
(D) APPLICATION.--AN APPLICANT MAY APPLY FOR FINANCIAL
ASSISTANCE IN A FORM AND MANNER PRESCRIBED BY THE AGENCY. THE
APPLICATION SHALL STATE WHETHER THE APPLICANT IS SEEKING DOWN
PAYMENT ASSISTANCE OR CLOSING COST ASSISTANCE.
(E) REVIEW.--PRIOR TO AWARDING FINANCIAL ASSISTANCE UNDER
THIS SECTION, THE AGENCY SHALL REVIEW THE APPLICATION TO
DETERMINE WHETHER THE APPLICANT IS ELIGIBLE TO RECEIVE FINANCIAL
ASSISTANCE. THE FOLLOWING SHALL APPLY:
(1) THE AGENCY MAY NOT IMPOSE A MEANS TEST OR MAKE A
DETERMINATION OF NEED REGARDING AN APPLICANT.
(2) AN APPLICANT'S FINANCIAL CIRCUMSTANCES MAY ONLY BE
USED TO ASSESS THE TYPE OF FINANCIAL ASSISTANCE TO BE
AWARDED.
(F) VERIFICATION.--THE DEPARTMENT SHALL, IN CONJUNCTION WITH
THE AGENCY, VERIFY THE STATUS AND ELIGIBILITY OF A VETERAN
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SUBMITTING AN APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS
SECTION.
(G) GUIDELINES.--THE AGENCY, IN CONSULTATION WITH THE
DEPARTMENT, SHALL PROMULGATE GUIDELINES GOVERNING THE
HOMEOWNERSHIP ASSISTANCE PROGRAM.
(H) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AGENCY." THE PENNSYLVANIA HOUSING FINANCING AGENCY.
"APPLICANT." A VETERAN OR A VETERAN'S SPOUSE.
"DEPARTMENT." THE DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS OF THE COMMONWEALTH.
"FINANCIAL ASSISTANCE." DOWN PAYMENT OR CLOSING COSTS
ASSISTANCE AUTHORIZED UNDER THIS SECTION.
"PRIMARY RESIDENCE." A DWELLING THAT IS USED AS THE PRIMARY
DOMICILE OF THE OWNER.
"VETERAN." A PERSON WHO SERVED ON ACTIVE DUTY IN THE UNITED
STATES ARMED FORCES, INCLUDING ANY OF THE FOLLOWING:
(1) A RESERVIST OR MEMBER OF THE NATIONAL GUARD WHO WAS
DISCHARGED OR RELEASED FROM THE SERVICE UNDER HONORABLE
CONDITIONS.
(2) A RESERVIST OR MEMBER OF THE NATIONAL GUARD WHO
COMPLETED AN INITIAL TERM OF ENLISTMENT OR QUALIFYING PERIOD
OF SERVICE.
(3) A RESERVIST OR MEMBER OF THE NATIONAL GUARD WHO WAS
DISABLED IN THE LINE OF DUTY DURING TRAINING.
"VETERAN'S SPOUSE." THE UNMARRIED SURVIVING SPOUSE OF A
VETERAN WHO WAS KILLED IN ACTION WHILE ON ACTIVE DUTY IN THE
UNITED STATES ARMED FORCES.
SECTION 17. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
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SECTION 1753-E. COMMONWEALTH FINANCING AUTHORITY.
THE FOLLOWING SHALL APPLY TO THE RESTRICTED RECEIPTS ACCOUNT
OF THE COMMONWEALTH FINANCING AUTHORITY ESTABLISHED UNDER 4
PA.C.S. § 1403(C)(2)(I)(D)(I) (RELATING TO ESTABLISHMENT OF
STATE GAMING FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION):
(1) IN ADDITION TO MUNICIPALITIES THAT ARE ELIGIBLE TO
RECEIVE GRANT FUNDING UNDER 4 PA.C.S. § 1403(C)(2)(I)(D)(I),
A COUNTY REDEVELOPMENT AUTHORITY WITHIN THE COUNTY SHALL ALSO
BE ELIGIBLE TO RECEIVE GRANT FUNDING TO BE USED EXCLUSIVELY
FOR ECONOMIC DEVELOPMENT PROJECTS OR INFRASTRUCTURE. A COUNTY
REDEVELOPMENT AUTHORITY SHALL NOT BE ELIGIBLE TO RECEIVE MORE
THAN 10% OF THE TOTAL GRANT FUNDS AWARDED.
(2) NOTWITHSTANDING THE ACT OF FEBRUARY 9, 1999 (P.L.1,
NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING ACT,
GRANTS MADE UNDER 4 PA.C.S. § 1403(C)(2)(I)(D)(I) MAY BE
UTILIZED AS LOCAL MATCHING FUNDS FOR OTHER GRANTS OR LOANS
FROM THE COMMONWEALTH.
SECTION 18. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(I) EACH YEAR, ARTICLES ON BUDGET IMPLEMENTATION ARE
ADDED TO THE ACT.
(II) THESE ARTICLES ARE TEMPORARY IN NATURE BUT ARE
PLACED PERMANENTLY INTO THE ACT, UTILIZING ARTICLE
NUMBERS AND SECTION NUMBERS.
(III) REUSING ARTICLE NUMBERS AND SECTION NUMBERS
WILL KEEP THE TEXT OF THE ACT MORE CONCISE.
(IV) THE REPEALS UNDER PARAGRAPH (2) ARE NECESSARY
TO EFFECTUATE SUBPARAGRAPH (III).
(2) ARTICLES XVII-L AND XVII-M OF THE ACT, ADDED JULY 6,
2010 (P.L.279, NO.46), ARE REPEALED.
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SECTION 19. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVII-L
2015-2016 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
SECTION 1701-L. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT AND ALL OTHER
APPROPRIATION ACTS OF 2015.
SECTION 1702-L. DEFINITIONS.
(A) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"GENERAL APPROPRIATION ACT." THE ACT OF , 2015 (P.L. ,
NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2015.
"PUBLIC SCHOOL CODE OF 1949." THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
"PUBLIC WELFARE CODE." THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE PUBLIC WELFARE CODE.
"SECRETARY." THE SECRETARY OF THE BUDGET OF THE
COMMONWEALTH.
(B) ABBREVIATIONS.--THE FOLLOWING ABBREVIATIONS WHEN USED IN
THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SECTION:
"AIDS." ACQUIRED IMMUNE DEFICIENCY SYNDROME.
"ARRA." THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(PUBLIC LAW 111-5, 123 STAT. 115).
"CCDFBG." CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT.
"CSBG." COMMUNITY SERVICES BLOCK GRANT.
"DCSI." DRUG CONTROL AND SYSTEMS IMPROVEMENT FORMULA GRANT
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PROGRAM.
"DFSC." THE SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
(PUBLIC LAW 107-110, 20 U.S.C. § 7101 ET SEQ.).
"DOE." DEPARTMENT OF ENERGY.
"EEOC." EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
"EPA." ENVIRONMENTAL PROTECTION AGENCY.
"ESEA." THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
(PUBLIC LAW 89-10, 20 U.S.C. § 6301 ET SEQ.).
"FEMA." FEDERAL EMERGENCY MANAGEMENT AGENCY.
"FTA." FEDERAL TRANSIT ADMINISTRATION.
"HUD." DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
"LIHEABG." LOW-INCOME HOME ENERGY ASSISTANCE BLOCK GRANT.
"LSTA." THE LIBRARY SERVICES AND TECHNOLOGY ACT (PUBLIC LAW
104-208, 20 U.S.C. § 9101 ET SEQ.).
"MCHSBG." MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.
"MHSBG." MENTAL HEALTH SERVICES BLOCK GRANT.
"PAFE." PENNSYLVANIA AGRICULTURAL FOOD EXPOSITION.
"PHHSBG." PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT.
"RSAT." RESIDENTIAL SUBSTANCE ABUSE TREATMENT.
"SABG." SUBSTANCE ABUSE BLOCK GRANT.
"SCDBG." SMALL COMMUNITIES DEVELOPMENT BLOCK GRANT.
"SDA." SERVICE DELIVERY AREA.
"SSBG." SOCIAL SERVICES BLOCK GRANT.
"TANF." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
"TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT.
"TEFAP." TEMPORARY EMERGENCY FOOD ASSISTANCE PROGRAM.
"WIA." THE WORKFORCE INVESTMENT ACT OF 1998 (PUBLIC LAW 105-
220, 112 STAT. 936).
"WIC." WOMEN, INFANTS AND CHILDREN PROGRAM.
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SUBARTICLE B
EXECUTIVE DEPARTMENTS
SECTION 1711-L. GOVERNOR (RESERVED).
SECTION 1712-L. EXECUTIVE OFFICES.
THE FOLLOWING APPLY:
(1) FUNDS APPROPRIATED TO THE PENNSYLVANIA COMMISSION ON
CRIME AND DELINQUENCY FOR INTERMEDIATE PUNISHMENT TREATMENT
PROGRAMS SHALL BE DISTRIBUTED COMPETITIVELY TO COUNTIES FOR
OFFENDERS SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAMS. THE
PORTION OF FUNDS FOR DRUG AND ALCOHOL TREATMENT PROGRAMS
SHALL BE BASED ON NATIONAL STATISTICS THAT IDENTIFY THE
PERCENTAGE OF INCARCERATED INDIVIDUALS THAT ARE IN NEED OF
TREATMENT FOR SUBSTANCE ISSUES BUT IN NO CASE SHALL BE LESS
THAN 80% OF THE AMOUNT APPROPRIATED.
(2) FROM FUNDS APPROPRIATED TO THE COMMISSION, AT LEAST
$285,000 SHALL BE USED TO SUPPORT THE STATEWIDE AUTOMATED
VICTIM INFORMATION AND NOTIFICATION SYSTEM (SAVIN) TO PROVIDE
OFFENDER INFORMATION THROUGH COUNTY JAILS, $200,000 SHALL BE
USED FOR A RESIDENTIAL TREATMENT COMMUNITY FACILITY FOR AT-
RISK YOUTH LOCATED IN A COUNTY OF THE FIFTH CLASS, $100,000
SHALL BE USED FOR AN INNOVATIVE POLICE DATA SHARING POINTER
INDEX SYSTEM THAT WILL ALLOW PARTICIPATING LAW ENFORCEMENT
AGENCIES ACCESS TO INCIDENT REPORT DATA, AND $200,000 SHALL
BE USED FOR A DIVERSION PROGRAM FOR FIRST TIME NONVIOLENT
OFFENDERS FACING PRISON SENTENCES. THE DIVERSION PROGRAM MUST
INCLUDE EDUCATION AND EMPLOYMENT SERVICES, CASE MANAGEMENT
AND MENTORING.
(3) FROM FUNDS APPROPRIATED FOR VIOLENCE PREVENTION
PROGRAMS, AT LEAST $250,000 SHALL BE USED FOR PROGRAMS IN A
CITY OF THE SECOND CLASS, AND AT LEAST $450,000 SHALL BE USED
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FOR BLUEPRINT MENTORING PROGRAMS THAT ADDRESS REDUCING YOUTH
VIOLENCE IN A CITY OF THE SECOND AND THIRD CLASS.
SECTION 1712.1-L. OFFICE OF THE BUDGET.
(A) INTEREST REIMBURSEMENT.--FROM MONEY APPROPRIATED TO THE
OFFICE FOR MAKING INTEREST REIMBURSEMENTS FOR FISCAL YEAR 2015-
2016, THE OFFICE SHALL MAKE INTEREST REIMBURSEMENT PAYMENTS TO
APPLICANTS THAT ARE APPROVED UNDER THIS SECTION.
(B) APPLICATION.--TO RECEIVE THE REIMBURSEMENT PAYMENT, AN
APPLICANT MUST SUBMIT A COMPLETED APPLICATION TO THE OFFICE IN
THE FORMAT REQUIRED BY THE OFFICE WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THIS SECTION. THE APPLICATION MUST INCLUDE ALL
OF THE FOLLOWING:
(1) NAME, ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT
AND THE NAME OF AN APPROPRIATE CONTACT PERSON.
(2) THE AMOUNT OF INTEREST BY PROGRAM AREA INCURRED BY
THE APPLICANT AS A DIRECT RESULT OF THE BUDGET IMPASSE.
(3) INFORMATION AND DOCUMENTATION WHICH ESTABLISHES THAT
THE APPLICANT HAS INCURRED THE INTEREST AS A DIRECT RESULT OF
THE BUDGET IMPASSE AND HAS NOT BEEN REIMBURSED, NOR CLAIMED
REIMBURSEMENT FOR, THE INTEREST CHARGES FROM A FUNDING SOURCE
OTHER THAN THE COMMONWEALTH. NOTHING IN THIS PARAGRAPH SHALL
PROHIBIT THE OFFICE FROM REQUESTING AND ACCEPTING ADDITIONAL
DOCUMENTS OR INFORMATION OR CLARIFICATION FROM AN APPLICANT
NONPROFIT ORGANIZATION AFTER THE DUE DATE FOR FILING THE
APPLICATION.
(4) A VERIFICATION SIGNED BY THE APPLICANT'S CHIEF
ADMINISTRATIVE OFFICER, SUBJECT TO 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) THAT ALL
OF THE DOCUMENTATION AND INFORMATION SUBMITTED TO THE OFFICE
IS TRUE AND CORRECT.
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(5) ANY OTHER INFORMATION OR DOCUMENTS REQUIRED BY THE
OFFICE.
(C) NOTIFICATION.--BY JUNE 30, 2016, THE OFFICE SHALL NOTIFY
THE APPLICANT IN WRITING WHETHER THE OFFICE HAS APPROVED OR
DENIED THE APPLICATION.
(D) PAYMENT.--EXCEPT AS SET FORTH IN SUBSECTION (E), THE
OFFICE SHALL MAKE ONE PAYMENT TO EACH APPROVED APPLICANT FOR THE
REIMBURSEMENT OF INTEREST INCURRED DURING THE BUDGET IMPASSE.
(E) BASIC EDUCATION.--THE INTEREST REIMBURSEMENT FOR AN
APPLICANT THAT IS A SCHOOL DISTRICT SHALL BE CALCULATED AS
FOLLOWS:
(1) MULTIPLY:
(I) THE NET AMOUNT OF BASIC EDUCATION FUNDING FOR
THE 2014-2015 SCHOOL YEAR UNDER SECTIONS 2502.13 AND
2502.41 OF THE PUBLIC SCHOOL CODE OF 1949, WHICH WOULD
HAVE BEEN PAID IN AUGUST 2015, OCTOBER 2015 AND DECEMBER
2015; BY
(II) AN INTEREST RATE ESTABLISHED BY THE DEPARTMENT
OF EDUCATION TO ENSURE THAT THE MONEY ALLOCATED UNDER
THIS SECTION DOES NOT EXCEED THE MONEY APPROPRIATED FOR
REIMBURSEMENT.
(2) MULTIPLY:
(I) THE PRODUCT UNDER PARAGRAPH (1); BY
(II) THE NUMBER OF DAYS RESPECTIVELY THAT THE AUGUST
2015 AND OCTOBER 2015 PAYMENTS WERE LATE.
(3) DIVIDE:
(I) THE PRODUCT UNDER PARAGRAPH (2); BY
(II) 365.
(4) THE QUOTIENT UNDER PARAGRAPH (3), EXPRESSED AS A
PERCENTAGE IS THE TOTAL INTEREST REIMBURSEMENT.
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(F) PRORATION.--IF THE TOTAL AMOUNT OF ALL PAYMENTS APPROVED
BY THE OFFICE UNDER THIS SECTION EXCEEDS THE AMOUNT APPROPRIATED
TO THE OFFICE FOR PAYING INTEREST REIMBURSEMENTS FOR FISCAL YEAR
2015-2016, THE OFFICE SHALL PRORATE THE AMOUNT PAID TO THE
APPROVED APPLICANTS.
(G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"APPLICANT." ANY COUNTY, CITY, BOROUGH, INCORPORATED TOWN,
TOWNSHIP, SCHOOL DISTRICT OR NONPROFIT ORGANIZATION.
"BUDGET IMPASSE." THE SITUATION WHICH OCCURRED WHEN A
GENERAL APPROPRIATION ACT FOR FISCAL YEAR 2015-2016 WAS NOT
ENACTED INTO LAW BY JULY 1, 2015.
"NONPROFIT ORGANIZATION." AN ENTITY THAT:
(1) IS A TAX-EXEMPT NONPROFIT ORGANIZATION UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
99-514, 26 U.S.C. § 501(C)(3));
(2) HAS ITS OWN BOARD AND ADMINISTRATIVE STRUCTURE WHICH
IS INDEPENDENT OF ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR
NONPROFIT ENTITY;
(3) EMPLOYS NO MORE THAN 100 INDIVIDUALS;
(4) IS NOT A SUBSIDIARY OR AFFILIATE OF EITHER A PUBLIC
OR PRIVATE FOR-PROFIT OR NONPROFIT ENTITY THAT EMPLOYS,
ITSELF OR THROUGH ITS SUBSIDIARIES OR AFFILIATES, MORE THAN
100 INDIVIDUALS IN TOTAL;
(5) HAS A CONTRACT WITH OR A GRANT FROM THE COMMONWEALTH
OR A COUNTY THAT RECEIVES AND PASSES STATE GRANT PROGRAM
FUNDING THROUGH TO THE NONPROFIT ORGANIZATION; OR
(6) RECEIVES MORE THAN 50% OF ITS ANNUAL OPERATING
REVENUE FROM CONTRACTS AND GRANTS UNDER PARAGRAPH (5).
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"OFFICE." THE OFFICE OF THE BUDGET OF THE COMMONWEALTH.
SECTION 1713-L. LIEUTENANT GOVERNOR (RESERVED).
SECTION 1714-L. ATTORNEY GENERAL (RESERVED).
SECTION 1715-L. AUDITOR GENERAL (RESERVED).
SECTION 1716-L. TREASURY DEPARTMENT (RESERVED).
SECTION 1717-L. DEPARTMENT OF AGING (RESERVED).
SECTION 1718-L. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY:
(1) FROM FUNDS APPROPRIATED FOR AGRICULTURAL RESEARCH,
AT LEAST:
(I) SIX HUNDRED THOUSAND DOLLARS SHALL BE USED FOR
AGRICULTURAL RESOURCE CENTERS IN CONJUNCTION WITH A LAND-
GRANT UNIVERSITY, WHICH INCLUDES $150,000 FOR AN
AGRICULTURAL LAW RESEARCH PROGRAM ADDRESSING ENERGY
DEVELOPMENT; AND
(II) EIGHT HUNDRED THOUSAND DOLLARS SHALL BE USED
FOR AN ANIMAL DIAGNOSTIC LABORATORY AFFILIATED WITH A
UNIVERSITY LOCATED IN A CITY OF THE FIRST CLASS TO
INCREASE THE CAPACITY TO ADDRESS AVIAN FLU AND OTHER
ANIMAL DISEASE OUTBREAKS.
(2) AT LEAST 80% OF THE FUNDS APPROPRIATED FOR HARDWOODS
RESEARCH AND PROMOTION SHALL BE EQUALLY DISTRIBUTED AMONG THE
HARDWOOD UTILIZATION GROUPS OF THIS COMMONWEALTH ESTABLISHED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(3) FROM FUNDS APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, $250,000 SHALL BE TRANSFERRED TO THE DOG LAW
RESTRICTED ACCOUNT.
(4) FROM FUNDS APPROPRIATED FOR TRANSFER TO AGRICULTURAL
COLLEGE LAND SCRIP FUND, AT LEAST $2,000,000 SHALL BE USED TO
ADDRESS ONGOING BIOSECURITY ISSUES, INCLUDING AVIAN
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