See other bills
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SENATE AMENDED
PRIOR PRINTER'S NOS. 1788, 2650, 2694,
2650, 2697, 2711
PRINTER'S NO. 2969
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1327
Session of
2015
INTRODUCED BY PEIFER, PICKETT, DUNBAR, DRISCOLL, W. KELLER,
BARRAR, MILLARD, THOMAS, A. HARRIS, ROZZI, D. COSTA, COHEN,
MILNE, BRADFORD, MARSICO, MAJOR, MULLERY, WHITE, DeLUCA AND
OBERLANDER, JUNE 11, 2015
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, MARCH 15, 2016
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,
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every State depository and every debtor or creditor of the
Commonwealth,"
in financially distressed municipalities, providing for
financial recovery;
in oil and gas wells, providing for the Environmental
Stewardship Fund;
in tax credits, providing for Department of Community and
Economic Development;
in special funds, further providing for funding, for
State Workers' Insurance Board, for expiration and for other
grants and providing for allocations from the Pennsylvania
Racehorse Development Restricted Receipt Account;
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 Environmental Protection, AND for the
Department of General Services, PROVIDING FOR THE
PENNSYLVANIA GAMING CONTROL BOARD, FURTHER PROVIDING for the
Department of Human Services, for the Pennsylvania State
Police and for the Environmental Quality Board and providing
for the Commonwealth Financing Authority;
providing for school district debt refinancing bonds;
providing for 2015-2016 budget implementation;
making A related repeals REPEAL; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
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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
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
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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 December 29, 2015 (P.L. , No.10A), known as the
General Appropriation Act of 2015, AND THE ACT OF , 2016
(P.L. , NO. ), KNOWN AS THE SUPPLEMENT TO THE GENERAL
APPROPRIATION ACT OF 2015.
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
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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
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 1604-H. Department of Community and Economic
Development.
Tax credits awarded under Article XVII-F of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in
fiscal year 2015-2016 to a business firm making an approved
contribution to a scholarship organization, prekindergarten
scholarship organization, opportunity scholarship organization
or educational improvement organization may be used in the
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taxable year in which a completed application was submitted by
the business firm or the taxable year in which the contribution
was made by the business firm, as determined by the business
firm.
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
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.
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(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
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
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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.
(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).
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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) (4) (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 AND 2016-2017 , 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:
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
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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.
(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:
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(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
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
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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.
(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.
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(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.
(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.
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(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
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.
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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:
(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
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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,
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
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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
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. BEGINNING ON THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH, THE SUM OF $25,759,000 IN THE FUND SHALL BE
TRANSFERRED TO THE ACCOUNT IN EQUAL WEEKLY AMOUNTS
SUFFICIENT TO COMPLETE THE TRANSFER BY JUNE 30, 2016.
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(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
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
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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
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
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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 9.1. The act is amended by adding a section to read:
Section 1724-A.1. Allocations from Pennsylvania Race Horse
Development Restricted Receipt Account.
(a) General rule.--Except as otherwise provided under
subsection (b), money transferred to the Pennsylvania Race Horse
Development Restricted Receipt Account each fiscal year shall
only be used as appropriated by the General Assembly.
(b) Exception.--For the 2015-2016 fiscal year, money in the
account shall be distributed as follows:
(1) Nineteen and forty-one hundredths percent shall be
transferred to the State Farm Products Show Fund.
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(2) Twenty and seventy-seven hundredths percent is
hereby appropriated upon approval of the Governor for use by
the Animal Health Commission.
(3) Twenty and sixty-one hundredths percent is hereby
appropriated upon approval of the Governor for use by the
Pennsylvania Veterinary Laboratory System.
(4) Fifteen and fifty-three hundredths percent is hereby
appropriated upon approval of the Governor for use for
payments to Pennsylvania fairs.
(5) Twenty-three and sixty-eight hundredths percent
shall be transferred to the Racing Fund.
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.
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 Department of Drug and
Alcohol Programs for the purposes set forth in section 802(c) of
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the ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS 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.
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
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
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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.
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
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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. Section 1723-E of the act, amended October 9,
2009 (P.L.537, No.50), is amended to read:
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
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 MADE NECESSARY BY THE STAY OF THE CLEAN
POWER PLAN BY THE UNITED STATES SUPREME COURT 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:
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(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:
(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, THE INITIAL STATE PLAN SUBMISSION
DEADLINE UNDER 40 CFR § 60.5760 (RELATING TO TIMING
REQUIREMENTS FOR PLAN SUBMISSION) that meets the minimum
requirements for an initial State plan, as specified in
the plan guidelines published by the EPA. The department
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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
Assembly to approve or disapprove the resolution under
paragraph (2) before August 22, 2016 AT LEAST 14 DAYS PRIOR
TO THE FINAL STATE PLAN SUBMISSION DEADLINE UNDER 40 CFR §
60.5760 , 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 FINAL STATE PLAN SUBMISSION extension deadline
under 40 CFR § 60.5760 (relating to timing requirements for
plan submission), the resubmitted plan shall be deemed
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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 13.1. THE ACT IS AMENDED BY ADDING A SECTION TO
READ:
SECTION 1724.1-E. PENNSYLVANIA GAMING CONTROL BOARD.
NOTWITHSTANDING 4 PA.C.S. PT. II (RELATING TO GAMING) OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, ANY PAYMENT OF A SLOT
MACHINE LICENSE FEE UNDER 4 PA.C.S. § 1209 (RELATING TO SLOT
MACHINE LICENSE FEE) RECEIVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD AFTER JUNE 30, 2014, SHALL BE DEPOSITED IN AND CREDITED TO
THE GENERAL FUND.
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:
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Section 1729-E. Department of [Public Welfare] Human Services.
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] Human Services 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
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under clause (B), no funds from an appropriation for
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 Human
Services Code, has not been enacted by September 1, an
amount shall be appropriated as of September 1 to the
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Department of Human Services for the purpose of making
payments to counties under section 704.1(g)(5) and (g.1)
of the Human Services 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 Human Services 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 Human Services 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.
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:
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(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
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
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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
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
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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
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 17. The act is amended by adding a section to read:
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),
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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 17.1. The act is amended by adding an article to
read:
ARTICLE XVII-E.2
SCHOOL DISTRICT DEBT REFINANCING BONDS
Section 1701-E.2. 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:
"Authority." The Commonwealth Financing Authority.
"Cost of a project." The term includes all items
reimbursable under law.
"Cost of PlanCon project." Approved reimbursable rentals and
approved reimbursable sinking fund charges, capital grants, any
necessary or appropriate reserves, costs of issuance and any
other financing costs related to a PlanCon project.
"Department." The Department of Education of the
Commonwealth.
"Finance." The lending or providing of funds to a school
district for payment of the cost of a project and the provision
of funds for a PlanCon project.
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"Financing Law." The provisions of 64 Pa.C.S. Ch. 15
(relating to Commonwealth Financing Authority).
"PlanCon project." The funding of approved reimbursable
rentals for approved leases and approved reimbursable sinking
fund charges authorized under section 2574 of the Public School
Code of 1949 and capital grants for a project authorized to be
approved under section 2574.4 of the Public School Code of 1949.
"Project." As defined in 64 Pa.C.S. Ch. 15 (relating to
Commonwealth Financing Authority) or any project of a school
district that is eligible for reimbursement by the Commonwealth
as required under Subarticle (f) of Article XXV of the Public
School Code of 1949 for approved rental or sinking fund charges.
"Public School Code of 1949." The act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
Section 1702-E.2. Bond issuance.
(a) Declaration of policy.--The General Assembly finds and
declares that:
(1) Funding the payment of reimbursements to school
districts for construction and reconstruction projects,
through the authority, is in the best interest of the
Commonwealth.
(2) The Financing Law is to be liberally construed to
effect the legislative and public purposes.
(3) One of those stated purposes is the protection of
"the health, safety and general welfare of the people of this
Commonwealth" pursuant to 64 Pa.C.S. § 1503(6) (relating to
findings and declaration of policy).
(4) In order to accomplish such a goal "it is desirable
to build, improve and finance facilities owned by
municipalities, municipal authorities and other authorities
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and instrumentalities of the Commonwealth," which includes
school districts, pursuant to 64 Pa.C.S. § 1503(7).
(b) Authority.--Notwithstanding any other law the authority
shall establish a program to issue bonds on behalf of school
districts to provide reimbursements from the Commonwealth as
required under Article XXV of the Public School Code of 1949 for
approved rental or sinking fund charges.
(c) Debt or liability.--
(1) Bonds issued under this article shall not be a debt
or liability of the Commonwealth and shall not create or
constitute any indebtedness, liability or obligation of the
Commonwealth.
(2) Bond obligations shall be payable solely from
revenues or funds pledged or available for repayment as
authorized under this article.
(3) Each bond must contain on its face a statement that:
(i) The authority is obligated to pay the principal
of or interest on the bonds only from the revenues or
funds pledged or available for repayment as authorized
under this article.
(ii) Neither the Commonwealth nor any school
district is obligated to pay the principal of or interest
on the bonds.
(iii) The full faith and credit of the Commonwealth
or of any school district is not pledged to the payment
of the principal of or the interest on the bonds.
(D) REVIEW FOR FORM AND LEGALITY.--FOR THE PURPOSES OF
ISSUING BONDS UNDER THIS ARTICLE, THE DUTIES OF THE ATTORNEY
GENERAL UNDER SECTION 204 OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT,
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RELATING TO THE ISSUANCE OF BONDS MAY BE PERFORMED BY THE FIRST
DEPUTY ATTORNEY GENERAL.
(E) TIMING.--THE AUTHORITY SHALL ISSUE A REQUEST FOR
PROPOSALS FOR THE ISSUANCE OF BONDS NO LATER THAN APRIL 15,
2016. THE AUTHORITY SHALL THEN SELECT A QUALIFIED PROPOSAL FOR
THE ISSUANCE OF BONDS NO LATER THAN MAY 1, 2016.
Section 1703-E.2. Limitations on bond issuance.
The authority may issue bonds for a PlanCon project in an
aggregate principal amount not to exceed $2,500,000,000, unless
the authority and the department determine this amount is
insufficient to carry out the purposes of this article, then the
authority shall adopt a resolution to petition the Secretary of
the Budget to increase the maximum aggregate principal amount.
The Secretary of the Budget may approve the petition and, if
approved, shall publish notice of the approval in the
Pennsylvania Bulletin. The authority shall not issue any bonds
for the PlanCon project, except refunding bonds, after June 30,
2025. The authority, in consultation with the department and the
Office of the Budget, shall determine the principal amounts of
taxable and tax-exempt bonds to be issued during a fiscal year.
Notwithstanding any other limitation, the authority, at the
request of the department, may issue refunding bonds at any time
while bonds issued for the PlanCon project are outstanding,
provided that the final maturity of any series of bonds being
refunded shall not be extended. Interest on bonds issued for the
PlanCon project and refunding bonds authorized under this
section shall be payable at such time or times as the authority
shall determine in the resolution authorizing such bonds and
shall otherwise be subject to the other provisions of the
Financing Law. The aggregate principal amount of bonds set forth
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in this section shall not be subject to the debt limitations set
forth in 64 Pa.C.S. § 1543 (relating to indebtedness).
Section 1704-E.2. Service agreement authorized.
The authority and the department may enter into any agreement
or service agreement to effectuate the purposes of this article,
including an agreement to secure bonds issued for a PlanCon
project, pursuant to which the department shall agree to pay
service charges to the authority in each fiscal year that the
bonds or refunding bonds are outstanding in amounts sufficient
to timely pay in full the debt service and any other financing
costs due on the bonds issued for the PlanCon project. The
department's payment of such service charges shall be subject to
and dependent upon the appropriation of funds by the General
Assembly to the department for payment of the service charges.
The service agreement may be amended or supplemented by the
authority and the department in connection with the issuance of
any series of bonds or refunding bonds authorized in this
section.
Section 1705-E.2. Deposit of bond proceeds.
The net proceeds of bonds, other than refunding bonds,
exclusive of costs of issuance, reserves and any other financing
charges, shall be transferred by the authority to the State
Treasurer for deposit into a restricted account established in
the State Treasury and held solely for the purpose of paying
costs of a PlanCon project which are due to school districts.
Payment by the department shall follow the process required by
Article VII of the Public School Code of 1949, unless the
department is specifically directed to follow a different
process by this article. The department shall requisition
payments due to school districts from that account. To pay for
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expenses related to its administration of this program, the
department, with the approval of the Governor and the authority,
may charge a fee against the proceeds deposited in the
restricted account.
Section 1706-E.2. Sinking fund charges for school building
projects.
The following shall apply:
(1) All school districts which submitted completed
applications to the department prior to the effective date of
this section, and which vote to proceed with construction and
awarded bids on their construction contracts no later than
July 1, 2019, shall, as permitted by law, either be awarded a
one-time capital grant, if available, for the approved
project in lieu of approved reimbursement payments or, if not
available, shall receive payments in the form of
reimbursements.
(2) The department shall administer the payments due and
payable under this section, and shall determine the amount of
the capital grant due each school district which shall not
exceed the maximum reimbursable project amount.
Section 1707-E.2. Limitation on new applications for Department
of Education approval of public school building
projects.
For the 2015-2016 and 2016-2017 school years, the Department
of Education shall not accept or approve new building
construction or reconstruction project applications. Completed
school building construction or reconstruction project
applications received by the Department of Education by February
APRIL 15, 2016, are not subject to this subsection.
Section 1708-E.2. Public School Building Construction and
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Reconstruction Advisory Committee.
(a) Establishment.--There is established an advisory
committee.
(b) Duties.--The committee shall review and make findings
and recommendations related to the program for State
reimbursement for construction and reconstruction and lease of
public school buildings.
(c) Membership.--The advisory committee shall consist of the
following:
(1) The Secretary of Education or a designee.
(2) One member appointed by the President pro tempore of
the Senate and the Speaker of the House of Representatives.
(3) A representative from each of the following:
(i) The Pennsylvania Association of School Business
Officials.
(ii) The Pennsylvania School Boards Association.
(4) The chairperson and minority chairperson of the
Appropriations Committee and Education Committee of the
Senate and the chairperson and minority chairperson of the
Appropriations Committee and Education Committee of the House
of Representatives.
(5) One member appointed by the President pro tempore of
the Senate.
(6) One member appointed by the Minority Leader of the
Senate.
(7) One member appointed by the Speaker of the House of
Representatives.
(8) One member appointed by the Minority Leader of the
House of Representatives.
(d) First meeting.--The committee shall hold its first
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meeting within 30 days of the effective date of this section
regardless of whether all of the committee members have been
appointed to the committee. At the first meeting, the Department
of Education shall present its report relating to the Statewide
analysis of school facilities and capital needs as required
under section 732.1 of the Public School Code of 1949.
(e) Chairperson.--The committee shall appoint a member to
serve as chairperson of the committee.
(f) Call of chairperson.--The committee shall hold meetings
at the call of the chairperson.
(g) Reimbursement.--The members may not receive compensation
for their services, but shall be reimbursed for all necessary
travel and other reasonable expenses incurred in connection with
the performance of their duties as members of the committee.
(h) Support.--The General Assembly shall provide
administrative support, meeting space and any other assistance
required by the committee to carry out its duties under this
section in cooperation with the department. The department shall
provide the committee with data, research and other information
upon request.
(i) Report.--The committee shall issue a report not later
than November 1, 2016 MAY 15, 2017 , of the committee's findings
to the Governor, the President pro tempore of the Senate, the
Majority Leader and Minority Leader of the Senate, the
Appropriations Committee and Education Committee of the Senate,
the Speaker of the House of Representatives, the Majority Leader
and Minority Leader of the House of Representatives, the
Appropriations Committee and Education Committee of the House of
Representatives and the Secretary of Education.
Section 1709-E.2. Public school building lease and debt service
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reimbursements for fiscal year 2015-2016.
(a) General rule.--For the 2015-2016 fiscal year, the
Department of Education shall utilize undistributed funds not
expended as of December 20, 2015 MARCH 14, 2016 , from
appropriations for payment on account of annual rental or
sinking fund charges on school buildings, including charter
schools, to make reimbursements for school building leases and
debt service necessary to make payments in fiscal year 2015-2016
under this article.
(b) Exclusion.--This section shall not include reimbursement
for debt service meeting the criteria for bond issuance under
this article.
Section 1710-E.2. Posting of information by department.
No later than March JUNE 1, 2016, and every 90 days
thereafter, the Department of Education shall post and update on
its publicly accessible Internet website in a searchable and
sortable format the following information related to public
school construction and reconstruction projects, building
purchases and lease reimbursements submitted for the approval
of, or approved by, the department:
(1) The type of project, elementary school, middle
school, intermediate school, high school, charter school or
vocational technical school by school entity.
(2) The scope of project, new construction, renovation,
addition, purchase or lease.
(3) The date of receipt of each application.
(4) The date of department approval of each application.
(5) The date of approval or denial of any waiver or
exception granted by the department.
(6) The reason for approval or denial of any waiver or
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exception granted by the department.
(7) The date of submission of the application for each
step of the reimbursement process.
(8) The date of approval of the application for each
step of the reimbursement process.
(9) The anticipated total project cost.
(10) Whether the project reached the maximum
reimbursable project amount.
(11) The anticipated term of State reimbursement.
(12) The anticipated total reimbursement amount.
(13) The temporary reimbursable percentage.
(14) The permanent reimbursable percentage.
(15) The dates of expected State payments.
(16) The dates of expected school district payments.
(17) Whether the project was financed by cash.
(18) The date a project was voided, if applicable.
(19) A summary of the terms of the project's debt
service or lease.
(20) An analysis of the callability of the project's
debt service.
Section 1711-E.2. Documentation requirements.
Notwithstanding any other provision of law, the following
shall apply to school building construction and reconstruction
projects for which reimbursement from the appropriation for
payments on account of annual rental or sinking fund charges on
school buildings or charter schools is being sought:
(1) For a school district that has received approval
from the department for reimbursement but fails to submit all
additional project documentation requested within 90 days of
the request, the department shall move the project back in
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the reimbursement order until such time as the school
district complies with the information request and shall move
other projects up in the reimbursement order.
(2) The Secretary of Education may grant waivers to
school districts that fail to submit requested documentation
under paragraph (1) and are in the process of reconciling
financial records, or are facing litigation or bond
refinancing delays.
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.
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 OF 2015, THE SUPPLEMENT
TO THE GENERAL APPROPRIATION ACT OF 2015 , all other
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appropriation acts of 2015 and appropriations for fiscal year
2015-2016 in all other appropriation acts of 2016.
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 of 2015." The act of December 29,
2015 (P.L. , No.10A), known as the General Appropriation Act
of 2015.
"Human Services Code." The act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
"Public School Code of 1949." The act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
"Secretary." The Secretary of the Budget of the
Commonwealth.
"SUPPLEMENT TO THE GENERAL APPROPRIATION ACT OF 2015." THE
ACT OF , 2016 (P.L. , NO. ), KNOWN AS THE
SUPPLEMENT TO THE GENERAL APPROPRIATION ACT OF 2015.
(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.
"ARC." Appalachian Regional Commission.
"ARRA." The American Recovery and Reinvestment Act of 2009
(Public Law 111-5, 123 Stat. 115).
"BG." Block Grant.
"CCDFBG." Child Care and Development Fund Block Grant.
"CSBG." Community Services Block Grant.
"DCSI." Drug Control and Systems Improvement Formula Grant
Program.
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"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.
"ID." Intellectual Disability.
"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 1711.1-L. Office of the Budget.
Any money that has been expended under temporary expenditure,
budget stop-gap symbols approved by the Office of the Budget and
paid after June 30, 2015, through the effective date of the
General Appropriation Act of 2015 shall be deducted from the
corresponding appropriation in the General Appropriation Act of
2015 no later than February 29, 2016. The deductions shall be
reconciled against the corresponding appropriation and be
clearly reflected in the Commonwealth's accounting system.
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, the
following apply:
(i) No less than the amount used in the 2014-2015
fiscal year shall be used to support the Statewide
Automated Victim Information and Notification System
(SAVIN) to provide offender information through county
jails.
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(ii) No less than the amount used in the 2014-2015
fiscal year shall be used for a residential treatment
community facility for at-risk youth located in a county
of the fifth class.
(iii) From the amount appropriated which is greater
than the amount appropriated in the 2014-2015 fiscal
year , $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.
(iv) From the amount appropriated which is greater
than the amount appropriated in the 2014-2015 fiscal
year , $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, if the total amount appropriated is at least the
amount appropriated in the 2014-2015 fiscal year, no less
than the amount used in the 2014-2015 fiscal year shall be
used for programs in a city of the second class, and no less
than the amount used in the 2014-2015 fiscal year shall be
used for blueprint mentoring programs that address reducing
youth violence in cities of the first, second and third
class.
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).
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Section 1718-L. Department of Agriculture.
The following apply:
(1) From funds appropriated for agricultural research,
the following apply:
(i) If the amount appropriated is equal to or
greater than the amount appropriated in the 2014-2015
fiscal year, no NO less than the amount used in the 2014-
2015 fiscal year shall be used for an agricultural
resource center in conjunction with a land-grant
university.
(ii) If the amount appropriated is at least
$1,587,000, at AT least 50.41% 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) If funds are FROM FUNDS appropriated for hardwoods
research and promotion, at least 80% of the funds 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, no less than the amount transferred in the 2014-
2015 fiscal year shall be transferred to the Dog Law
Restricted Account.
(4) If the funds appropriated for transfer to
agricultural college land scrip fund are at least
$50,549,000 , at least 3.96% shall be used to address ongoing
biosecurity issues, including avian influenza, in this
Commonwealth.
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Section 1719-L. Department of Community and Economic
Development.
The following shall apply to appropriations for the
Department of Community and Economic Development:
(1) From funds appropriated for general government
operations, 1.74% shall be used for the creation of an
institute in a city of the second class to research and
develop healthy building products, at least 1.04% shall be
used for independent research by a not-for-profit entity
which partners with higher education institutions, to
identify, characterize and manage issues related to the
economic and environmental impact of Pennsylvania Marcellus
Shale development and the department may provide an
allocation to support operations of locks and dams which are
necessary to support economic growth and commercial
navigation.
(2) The amount of funds appropriated for marketing to
attract tourists which is in excess of $4,264,000 includes an
allocation to plan and market a biennial arts and cultural
activity which generates Statewide and regional economic
impact, allocations to promote annual arts and cultural
activities and an allocation of no less than the amount
allocated in the 2014-2015 fiscal year for an annual
Statewide competition serving approximately 2,000 athletes
with intellectual disabilities from across this Commonwealth
to be held in a county of the fourth class.
(3) From funds appropriated for Keystone Communities,
7.09% shall be distributed to a multimunicipal revitalization
organization in a county of the sixth class with a
population, based on the most recent Federal decennial
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census, of at least 68,000 but not more than 70,000 for
sidewalks and repairs associated with downtown
revitalization. The remaining funds include an allocation for
the Main Street and Elm Street programs which are distributed
in the same proportion as amounts allocated in fiscal year
2012-2013.
(4) From funds appropriated for regional event security,
the distribution shall be as follows:
(i) For costs incurred as a result of the 2015 papal
visit, 80% shall be distributed to a tourism promotion
agency CONVENTION CENTER AUTHORITY in a city of the first
class and 20% shall be distributed on a pro rata basis to
counties contiguous to a city of the first class, a
county of the third class with a population of 498,886
based on the most recent decennial census , AND
municipalities in the counties contained in this
paragraph and the Pennsylvania Convention Center .
(ii) (Reserved).
Section 1720-L. Department of Conservation and Natural
Resources.
The following shall apply to appropriations for the
Department of Conservation and Natural Resources:
(1) From funds appropriated for State parks operations,
6.76% shall be used for the operation and maintenance of the
Washington Crossing Historical Park.
(2) (Reserved).
Section 1721-L. Department of Corrections (Reserved) .
FROM THE APPROPRIATION FOR GENERAL GOVERNMENT OPERATIONS OF
THE DEPARTMENT OF CORRECTIONS, AT LEAST $1,500,000 SHALL BE USED
FOR THE ESTABLISHMENT OF A NONNARCOTIC MEDICATION ASSISTED
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SUBSTANCE ABUSE TREATMENT GRANT PILOT PROGRAM.
Section 1721.1-L. Department of Drug and Alcohol Programs.
The following shall apply to appropriations for the
Department of Drug and Alcohol Programs:
(1) From funds appropriated for general government FROM
THE APPROPRIATION FOR GENERAL GOVERNMENT operations, at least
40.13% shall be used for programs providing treatment for
posttraumatic stress disorder for veterans.
(2) From funds appropriated for drug and alcohol
programs, at least 3.25% shall be used for the establishment
of the Non-Narcotic Medication Assisted Substance Abuse
Treatment Grant Pilot Program.
Section 1722-L. Department of Education.
The following shall apply to appropriations for the
Department of Education:
(1) From an appropriation for adult and family literacy
programs, summer reading programs and the adult high school
diplomas program, no less than the amount allocated in the
2014-2015 fiscal year shall be allocated for an after-school
learning program servicing low-income students located in a
county of the sixth class with a population, based on the
most recent Federal decennial census, of at least 60,000 but
not more than 70,000.
(2) If the funds appropriated FROM THE APPROPRIATION for
mobile science and mathematics education programs are at
least $2,114,000 , no less than the amount allocated in the
2014-2015 fiscal year shall be allocated for a mathematics
education program that targets middle school students, no
less than the amount allocated in the 2014-2015 fiscal year
shall be allocated to a nautical science center in a county
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of the second class, no less than the amount allocated in the
2014-2015 fiscal year shall be allocated for a mathematics
laboratory in a school district in a city of the third class
located in a county of the third class, no less than the
amount allocated in the 2014-2015 fiscal year shall be
allocated for a regional science, technology, engineering and
mathematics center serving sixth through twelfth grade
students located in a township of the first class in a county
of the third class and $100,000 shall be allocated for a
research and development center associated with the
Commonwealth's land grant institution located in a county of
the sixth class for the promotion of economic development.
(3) Notwithstanding any other provision of law, funds
appropriated for community education councils shall be
distributed as follows:
(i) Each entity which received a distribution in the
2014-2015 fiscal year shall receive a distribution equal
to the amount received in the 2014-2015 fiscal year.
(ii) If funds are available, FOR an educational
consortium serving Cameron, Clarion, Clearfield,
Crawford, Elk, Forest, Jefferson, McKean, Potter, Venango
and Warren Counties shall receive an additional
distribution of $125,000.
(iii) If funds are available following distribution
of amounts under subparagraphs (i) and (ii), an entity
which received a distribution in the 2014-2015 fiscal
year and does not receive an additional distribution
under subparagraph (ii) shall receive a pro rata
additional distribution.
(4) If the funds appropriated FROM THE APPROPRIATION for
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regional community college services are at least $3,000,000 ,
20% shall be distributed to a community college in a county
of the fourth class with a population, based on the most
recent Federal decennial census, of at least 175,000 but not
more than 190,000, 16.67% for a dual enrollment program at a
community college in a city of the first class and 40% shall
be distributed to a nonprofit organization authorized under
section 1705-E.1 establishing a rural regional college
serving nine rural counties.
(5) From funds appropriated for Pennsylvania Charter
Schools for the Deaf and Blind, $1,100,000 shall be
distributed pro rata based on each school's increased share
of required contributions for public school employees'
retirement.
(6) From funds appropriated for Approved Private
Schools, at least 1.18% shall be used for payments to an
approved private school in a county of the fourth class that
was approved in calendar year 2014 but has not received
payments from the department. The department may provide
additional payments to an approved private school under this
paragraph from available funds.
(7) From funds appropriated for approved private schools
for the 2015-2016 school year, the amount available in the
appropriation after subtracting the amount determined to be
the Commonwealth's share under section 1376(a) of the Public
School Code of 1949 and any amounts provided to a new
approved private school shall be distributed on a pro rata
basis based on the allocation determined in section 1376(a.2)
of the Public School Code of 1949 and shall be considered
part of the base allocation in section 1376(a.2) of the
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Public School Code of 1949.
(8) Notwithstanding any other provision of law, funds
from the set-aside under paragraph (16) shall be allocated to
each approved private school with a day tuition rate
determined to be less than $32,000 during the 2010-2011
school year. The allocation shall be determined as follows:
(A) Subtract:
(I) the approved private school's 2010-2011
school year day tuition rate; from
(II) $38,072.
(B) Multiply:
(I) the difference under clause (A); by
(II) the number of approved students
enrolled in the approved private school during
the 2010-2011 school year.
(9) Notwithstanding section 1724-A of the Public School
Code of 1949 or 24 Pa.C.S. § 8329 (relating to payments on
account of social security deductions from appropriations),
no payments shall be made to charter schools or cyber charter
schools authorized under Article XVII-A of the Public School
Code of 1949 from funds appropriated for school employees'
Social Security.
(10) Notwithstanding section 1724-A of the Public School
Code of 1949 or 24 Pa.C.S. §§ 8326 (relating to contributions
by the Commonwealth) and 8535 (relating to payments to school
entities by Commonwealth), no payments shall be made to
charter schools or cyber charter schools authorized under
Article XVII-A of the Public School Code of 1949 from funds
appropriated for payment of required contributions for public
school employees' retirement.
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(11) From funds appropriated for payment of required
contribution for public school employee's social security,
each employer shall submit a report to the department
documenting all wages for which payments are calculated under
24 Pa.C.S. § 8329 (relating to payment on account of social
security deductions from appropriations) for each month no
later than the first Tuesday of the second subsequent month.
The department shall process and submit a payment requisition
to the State Treasurer in order to make a payment to each
employer that submitted a timely report no later than 14
business days from the required submission date. An employer
that submits an untimely report shall be paid for the amount
due by the department in a timely manner after the required
documentation has been submitted. The department shall issue
a report each month detailing the wages reported by each
employer and the payments made to the employer from the
appropriation and provide an electronic copy to the
chairperson of the Appropriations Committee of the Senate and
the chairperson of the Appropriations Committee of the House
of Representatives.
(12) From the appropriation for payments on account of
special education for exceptional children, the amount of the
appropriation allocated for payments to school districts
shall be distributed as follows:
(i) Each school district shall receive an amount
equal to the amount paid during the 2013-2014 school year
under section 2509.5(aaa) of the Public School Code of
1949.
(ii) Each school district shall receive a student-
based allocation to be calculated as follows:
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(A) Multiply the sum of the school district's
weighted special education student headcount and its
sparsity/size adjustment by its market value/income
aid ratio and its equalized millage multiplier.
(B) Multiply the product in clause (A) by
$46,750,000.
(C) Divide the product from clause (B) by the
sum of the products in clause (A) for all school
districts.
(13) For the purposes of paragraph (12):
(i) The weighted special education student headcount
shall be calculated for each school district as follows:
(A) Multiply the number of special education
students who reside in the school district for which
the annual expenditure is less than $25,000, which
shall be known as Category 1, by 1.51.
(B) Multiply the number of special education
students that reside in the school district for which
the annual expenditure is equal to or greater than
$25,000 but less than $50,000, which shall be known
as Category 2, by 3.77.
(C) Multiply the number of special education
students who reside in the school district for which
the annual expenditure is equal to or greater than
$50,000, which shall be known as Category 3, by 7.46.
(D) Add the products in clauses (A), (B) and
(C).
The annual expenditure amount used to calculate funding
shall be based on the information reported to the
department under section 1372(8) of the Public School
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Code of 1949.
(ii) The sparsity ratio shall be calculated for each
school district as follows:
(A) Divide the school district's average daily
membership per square mile by the State's average
daily membership per square mile.
(B) Multiply the quotient of clause (A) by 0.5.
(C) Subtract the product in clause (B) from one.
(iii) The size ratio for each school district shall
be calculated as follows:
(A) Divide the school district's average daily
membership by the average of the average daily
membership of all school districts.
(B) Multiply the quotient of clause (A) by 0.5.
(C) Subtract the product in clause (B) from one.
(iv) The sparsity/size ratio for each school
district shall be calculated by adding 40% of the
sparsity ratio and 60% of the size ratio.
(v) The sparsity/size adjustment for each school
district shall be calculated as follows:
(A) For a school district with a sparsity/size
ratio less than or equal to the sparsity/size ratio
that represents the 70th percentile of the
sparsity/size ratio of all school districts, the
school district's sparsity/size adjustment shall be
zero.
(B) For a school district with a sparsity/size
ratio greater than the sparsity/size ratio that
represents the 70th percentile of the sparsity/size
ratio of all school districts, the school district's
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sparsity/size adjustment shall be calculated as
follows:
(I) Divide the school district's
sparsity/size ratio by the sparsity/size ratio
that represents the 70th percentile of the
sparsity/size ratio of all school districts.
(II) Subtract one from the quotient in
subclause (I).
(III) Multiply the remainder in subclause
(II) by 0.5.
(IV) Multiply the product in subclause (III)
by the school district's weighted special
education student headcount.
(vi) The equalized millage multiplier for each
school district shall be calculated as follows:
(A) For a school district with an equalized
millage rate greater than or equal to the equalized
millage rate that represents the 70th percentile of
the equalized millage rate of all school districts,
the school district's equalized millage multiplier
shall be one.
(B) For a school district with an equalized
millage rate less than the equalized millage rate
that represents the 70th percentile of the equalized
millage rate of all school districts, the school
district's equalized millage multiplier shall be
calculated as follows:
(I) Divide the school district's equalized
millage rate by the equalized millage rate that
represents the 70th percentile of the equalized
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millage rate of all school districts.
(II) (Reserved).
(14) The data used to calculate the weighted special
education student headcount in paragraph (13)(i) shall be
based on information from the most recent year for which data
is available as determined by the department. The data used
to calculate the provisions in paragraph (13)(ii), (iii),
(iv), (v) and (vi) shall be averaged for the three most
recent years for which data is available as determined by the
department.
(15) An amount equal to 5.5% of the appropriation for
payments on account of special education of exceptional
children shall be distributed to intermediate units on
account of special education services. The amount shall be
distributed as follows:
(i) Thirty-five percent of the amount shall be
distributed to each intermediate unit equally among all
intermediate units.
(ii) The remaining 65% of the amount shall be
distributed on a pro rata basis to each intermediate unit
based on its component school districts' average daily
membership.
(16) The following shall apply:
(i) Notwithstanding any provisions contained in
section 2509.8 of the Public School Code of 1949, from
the appropriation for payments on account of special
education for exceptional children, 1% of the special
education appropriation shall be distributed to school
districts and charter schools for extraordinary expenses
incurred in providing a special education program or
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service to one or more students with disabilities as
approved by the Secretary of Education. The special
education program or service shall include, but is not
limited to, the transportation of students with
disabilities; services related to occupational therapy,
physical therapy, speech and language, hearing
impairments or visual impairments; or training in
orientation and mobility for children who are visually
impaired or blind.
(ii) Funds distributed to a school district or
charter school under this paragraph shall be allocated
for students for which expenses are incurred on an annual
basis that are equal to or greater than $75,000 as
follows:
(A) For a student for whom expenses are equal to
or greater than $75,000 and less than or equal to
$100,000, subtract the State subsidies paid on behalf
of the student to the school district or, for a
student enrolled in a charter school, the charter
school payment received by the charter school where
the child is enrolled from the expense incurred for
the student and multiply the difference by the school
district's or charter school's market value/personal
income aid ratio.
(B) For a student for whom expenses are greater
than $100,000, subtract the State subsidies paid on
behalf of the student to the school district or, for
a student enrolled in a charter school, the charter
school payment received by the charter school where
the child is enrolled from the expense incurred for
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the student.
(iii) No school district or charter school shall in
any school year receive an amount under subparagraph (i)
which exceeds the total amount of funding available
multiplied by the percentage equal to the greatest
percentage of the State's special education students
enrolled in a school district or charter school.
(17) Except as provided in paragraph (17.1), for the
2014-2015 school year, until such time that the basic
education funding appropriation for fiscal year 2015-2016
exceeds the amount appropriated for basic education funding
in fiscal year 2014-2015, the Commonwealth shall pay to each
school district an amount equal to the amount paid for the
2013-2014 school year. If insufficient funds are appropriated
to make these payments pursuant to this paragraph, such
payments shall be made on a pro rata basis.
(17.1) If the fiscal year 2015-2016 appropriation for
basic education funding exceeds the amount appropriated for
basic education funding in fiscal year 2014-2015, the
Commonwealth shall pay to each school district a basic
education funding allocation which shall consist of the
following:
(i) An amount equal to the school district's basic
education funding allocation for the 2013-2014 school
year.
(ii) A student-based allocation to be calculated as
follows:
(A) Multiply the school district's student-
weighted average daily membership by the median
household income index and local effort capacity
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index.
(B) Multiply the product in clause (A) by the
difference between the amount appropriated for the
allocation of basic education funding to school
districts and the amount appropriated for the
allocation in subparagraph (i).
(C) Divide the product in clause (B) by the sum
of the products in clause (A) for all school
districts.
(iii) For the purpose of subparagraph (ii):
(A) Student-weighted average daily membership
for a school district shall be the sum of the
following:
(I) The average of the school district's
three most recent years' average daily
membership.
(II) The acute poverty average daily
membership calculated as follows:
(a) Multiply the school district's acute
poverty percentage by its average daily
membership.
(b) Multiply the product in unit (a) by
0.6.
(III) The poverty average daily membership
calculated as follows:
(a) Multiply the school district's
poverty percentage by its average daily
membership.
(b) Multiply the product in unit (a) by
0.3.
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(IV) The concentrated poverty average daily
membership for qualifying school districts with
an acute poverty percentage equal to or greater
than 30%, to be calculated as follows:
(a) Multiply the school district's acute
poverty percentage by its average daily
membership.
(b) Multiply the product in unit (a) by
0.3.
(V) The number of the school district's
limited English-proficient students multiplied by
0.6.
(VI) The average daily membership for the
school district's students enrolled in charter
schools and cyber charter schools multiplied by
0.2.
(VII) The sparsity/size adjustment for
qualifying school districts with a sparsity/size
ratio greater than the sparsity/size ratio that
represents the 70th percentile sparsity/size
ratio for all school districts calculated as
follows:
(a) Divide the school district's
sparsity/size ratio by the sparsity/size
ratio that represents the 70th percentile for
all school districts.
(b) Subtract one from the quotient in
unit (a).
(c) Multiply the sum of subclauses (I),
(II), (III), (IV), (V) and (VI) by the amount
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in unit (b).
(d) Multiply the product in unit (c) by
0.7.
(B) Local effort index for a school district
shall be calculated as follows:
(I) Determine the school district's local
effort factor calculated as follows:
(a) Multiply the school district's
median household income by its number of
households.
(b) Divide the school district's local
tax-related revenue by the product in unit
(a).
(c) Multiply the quotient in unit (b) by
1,000.
(d) Divide the product in unit (c) by
the Statewide median of unit (c).
(II) Determine the school district's excess
spending factor, to be calculated as follows:
(a) Divide the school district's current
expenditures by the sum of its average daily
membership and the amounts in clause (A)(II),
(III), (IV), (V), (VI) and (VII).
(b) Divide the quotient in unit (a) by
the Statewide median of unit (a).
(c) Divide one by the quotient in unit
(b).
(III) Multiply the school district's local
effort factor by the lesser of one or the school
district's excess spending factor.
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(C) Local capacity index for a qualifying school
district shall be calculated as follows:
(I) Divide the school district's local tax-
related revenue by the sum of its market value
and personal income valuation.
(II) Multiply the sum of the school
district's market value and personal income
valuation by the Statewide median of subclause
(I).
(III) Determine the school district's local
capacity per student by dividing the product in
subclause (II) by the sum of its average daily
membership and the amounts in clause (A)(II),
(III), (IV), (V), (VI) and (VII).
(IV) If the school district's local capacity
per student is less than the Statewide median of
subclause (III):
(a) Divide the school district's local
capacity per student by the Statewide median.
(b) Subtract the quotient in unit (a)
from one.
(c) Local effort capacity index for a
school district shall equal the sum of its
local effort index and local capacity index.
(d) The data used to calculate the
factors and indexes in this section shall be
based on the most recent years for which data
is available as determined by the Department
of Education.
(iv) As used in subparagraph (ii), the following
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words and phrases shall have the meanings given to them
in this subparagraph unless the context clearly indicates
otherwise:
"Households." The number of households in each
school district as determined by the most recent five-
year estimate of the United States Census Bureau's
American Community Survey.
"Local tax-related revenue" The sum of school
district revenues for State property tax reduction
allocation, taxes levied and assessed, delinquencies on
taxes levied and assessed, revenue from local government
units, and other local revenues not specified elsewhere,
as designated in the Manual of Accounting and Financial
Reporting for Pennsylvania Public Schools.
"Median household income." The median household
income for school districts and the State as determined
by the most recent five-year estimate of the United
States Census Bureau's American Community Survey.
"Median household income index." A number calculated
as follows:
(1) Divide a school district's median household
income by the State median household income.
(2) Divide one by the quotient in paragraph (1).
"Size ratio." A number calculated as follows:
(1) Divide the average of a school district's
three most recent years' average daily membership by
the Statewide average of the three most recent years'
average daily membership for all school districts.
(2) Multiply the amount in paragraph (1) by 0.5.
(3) Subtract the amount in paragraph (2) from
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one.
"Sparsity ratio." A number calculated as follows:
(1) Divide the average of a school district's
three most recent years' average daily membership by
its total square miles as reported in the latest
decennial census as reported by United States Census
Bureau.
(2) Divide the State total average daily
membership by the State total square miles.
(3) Divide the quotient in paragraph (1) by the
quotient in paragraph (2).
(4) Multiply the quotient in paragraph (3) by
0.5.
(5) Subtract the product in paragraph (4) from
one.
"Sparsity/size ratio." A number calculated by adding
the following amounts:
(1) The sparsity ratio multiplied by 0.4.
(2) The size ratio multiplied by 0.6.
"Acute poverty percentage." The number of children
six to 17 years of age living in a household where the
ratio of income to poverty is less than 100% of the
Federal poverty guidelines divided by the total number of
children six to 17 years of age as determined by the most
recent five-year estimate of the United States Census
Bureau's American Community Survey.
"Poverty percentage." The number of children six to
seventeen years of age living in a household where the
ratio of income to poverty is between 100% and 184% of
the Federal poverty guidelines divided by the total
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number of children six to 17 years of age as determined
by the most recent five-year estimate of the United
States Census Bureau's American Community Survey.
(17.2) THE DEPARTMENT SHALL DEDUCT FROM PAYMENTS TO
SCHOOL DISTRICTS MADE UNDER PARAGRAPH (17.1) WHICH OCCUR
AFTER MARCH 15, 2016, THE DIFFERENCE BETWEEN THE FOLLOWING IF
THE DIFFERENCE AS CALCULATED IS A POSITIVE AMOUNT:
(I) THE AMOUNT DISTRIBUTED TO SCHOOL DISTRICTS FROM
THE APPROPRIATION IN THE GENERAL APPROPRIATION ACT OF
2015 FOR READY-TO-LEARN BLOCK GRANTS.
(II) THE AMOUNT TO BE DISTRIBUTED UNDER PARAGRAPH
(21).
(18) Except as provided in paragraph (18.1) and
notwithstanding any other provision of law, from the
appropriation for payment of approved operating expenses for
community colleges, each community college shall receive an
amount equal to the amount paid during the 2014-2015 fiscal
year under section 1722-J(17). If insufficient funds are
appropriated pursuant to this paragraph, payments shall be
made on a pro rata basis.
(18.1) If the amount appropriated for payment of
approved operating expenses for community colleges for fiscal
year 2015-2016 exceeds the amount appropriated in 2014-2015
and notwithstanding any other provision of law, each
community college shall receive the amount as determined
under paragraph (18) plus an amount determined for each
community college as follows:
(i) Multiply the audited full-time equivalent
enrollment as verified under section 1913-A(k.1) of the
Public School Code of 1949 for the most recent year
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available for the community college by the difference
between the appropriation for payment of approved
operating expenses of community colleges in fiscal year
2015-2016 and fiscal year 2014-2015.
(ii) Divide the product in subparagraph (i) by the
sum of the audited full-time equivalent enrollment as
verified under section 1913-A(k.1) of the Public School
Code of 1949 for the most recent year available for all
community colleges.
(19) Notwithstanding any other provision of law to the
contrary, each library subject to 24 Pa.C.S. Ch. 93 (relating
to public library code), shall be eligible for State aid for
fiscal year 2015-2016, as follows:
(i) Funds appropriated for libraries shall be
distributed to each library under the following formula:
(A) Divide the amount of funding that the
library received in fiscal year 2014-2015 under
section 1722-J(18) by the total State-aid subsidy for
fiscal year 2014-2015.
(B) Multiply the quotient under clause (A) by
the total State-aid subsidy for fiscal year 2015-
2016.
(ii) Following distribution of funds appropriated
for State aid to libraries under subparagraph (i), any
remaining funds may be distributed at the discretion of
the State Librarian.
(iii) If funds appropriated for State aid to
libraries in fiscal year 2015-2016 are less than funds
appropriated in fiscal year 2002-2003, the State
Librarian may waive standards as prescribed in 24 Pa.C.S.
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Ch. 93.
(iv) Each library system receiving State aid under
this paragraph may distribute the local library share of
that aid in a manner as determined by the board of
directors of the library system.
(v) In the case of a library system that contains a
library operating in a city of the second class, changes
to the distribution of State aid to the library shall be
made by mutual agreement between the library and the
library system.
(vi) In the event of a change in district library
center population prior to the effective date of this
paragraph as a result of:
(A) a city, borough, town, township, school
district or county moving from one library center to
another; or
(B) a transfer of district library center status
to a county library system;
funding of district library center aid shall be paid
based on the population of the newly established or
reconfigured district library center.
(vii) In the event of a change in direct service
area from one library to another, the State Librarian,
upon agreement of the affected libraries, may
redistribute the local library share of aid to the
library currently servicing the area.
(20) If payments to school entities are made under
paragraph (17) or (17.1), as applicable, and paragraph (21),
the department may utilize up to $4,500,000 of undistributed
funds not expended, encumbered or committed from
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appropriations for grants and subsidies made to the
department to assist school districts declared to be in
financial recovery status under section 621-A of the Public
School Code of 1949 or identified for financial watch status
under section 611-A of the Public School Code of 1949. The
funds shall be transferred by the Secretary of the Budget to
a restricted account as necessary to make payments under this
paragraph and, when transferred, are hereby appropriated to
carry out the provisions of this paragraph.
(21) From the appropriation for the Ready to Learn Block
Grant, funds shall be distributed to school entities as
follows:
(i) Each school entity shall receive:
(A) An amount equal to the amount paid during
the 2013-2014 school year under section 2599.2 of the
Public School Code of 1949.
(B) A Ready to Learn Block Grant subsidy equal
to the amount paid during the 2014-2015 school year
under section 1722-J(21)(ii).
(C) For each school district, an amount
determined as follows:
(I) Multiply the amount of funding the
school district received under section 1722-J(21)
(ii) by the difference between the amount of the
appropriation for the Ready to Learn Block Grant
in fiscal year 2015-2016 and fiscal year 2014-
2015.
(II) Divide the product in subclause (I) by
the sum of the amounts under section 1722-J(21)
(ii) for all school districts.
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(ii) If insufficient funds are appropriated pursuant
to subparagraph (i), payments shall be made on a pro rata
basis.
(iii) Funding received by a school entity under
subparagraph (i)(A) shall be used in accordance with
section 2599.2 of the Public School Code of 1949, or as
allowed under subparagraph (v).
(iv) To be eligible to receive funding under
subparagraph (i)(B) and (C), each school entity shall
submit a plan for approval to the department outlining
how the funding will be used to maintain and improve
academic performance.
(v) Funds distributed under subparagraph (i)(B) and
(C) shall be used for the purposes described in section
1722-J(21)(v)(A) through (L).
(vi) For the purpose of this paragraph, a school
entity shall be a school district, charter school, cyber
charter school or regional charter school.
(22) Notwithstanding any provision of law to the
contrary, the revenues received by a school district under
paragraph (21)(i)(B) shall not be included in the school
district's budgeted total expenditure per average daily
membership used to calculate the amount to be paid to a
charter school under section 1725-A(a)(2) and (3) of the
Public School Code of 1949.
(23) Payments made from the appropriation referred to as
basic education formula enhancement in the act of July 10,
2014 (P.L.3051, No.1A), known as the General Appropriation
Act of 2014, shall be considered an allocation of basic
education funding for the 2013-2014 school year.
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(24) Notwithstanding any provision of law, in order to
supplement funds appropriated to the department for general
government operations and to defray the costs of
administration and oversight activities associated with
alternative education programs:
(i) A school district, combination of school
districts or charter school that makes an application to
establish an alternative education program under Article
XIX-C of the Public School Code of 1949 shall submit
initial and renewal applications along with a fee of $400
as prescribed by the department.
(ii) A private alternative education institution
that makes an application for approval to operate under
Article XIX-E of the Public School Code of 1949 shall
submit initial and renewal applications along with a fee
of $1,000 as prescribed by the department.
(iii) The funds collected in subparagraphs (i) and
(ii) shall be deposited into a restricted account in the
General Fund to be known as the Alternative Education
Program Account and are hereby appropriated to the
department.
(25) From funds appropriated for career and technical
education equipment grants, the following apply:
(i) The Department of Education shall establish a
grant program to assist each area vocational-technical
school and school district with an approved vocational
program that applies for and is approved for funding by
the Department of Education to purchase equipment that
meets industry standards. Grants shall be distributed in
an amount to be calculated as follows:
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(A) A base amount of $3,000.
(B) A per-student amount calculated as follows:
(I) Multiply the 2014-2015 average daily
membership in approved vocational education
programs for each area vocational-technical
school or school district that has been approved
for funding by the department by the difference
between the amount appropriated for career and
technical education equipment grants and the sum
of the funding distributed under clause (A) to
all area vocational-technical schools and school
districts.
(II) Divide the product from subclause (I)
by the sum of the 2014-2015 average daily
membership in approved vocational education
programs for all area vocational-technical
schools and school districts that have been
approved for funding by the department.
(ii) The application to apply for funding under
subparagraph (i) shall be developed by the department
within thirty days of the effective date of this section
and only require the following, which may be collected
electronically:
(A) Name, address, e-mail address and telephone
number of the area vocational-technical school or
school district.
(B) Name, e-mail address and telephone number of
an employee of the area vocational-technical school
or school district who will be available to answer
questions regarding the funding application.
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(C) Description of the equipment for which the
requested funding will be used; the career and
technical education program in which the equipment
will be used; the date on which the occupational
advisory committee recommended the purchase of the
equipment; and verification that the equipment will
be used for technical classroom instruction.
(iii) The department may not request and consider
any information other than the information provided in
the funding application.
(iv) Each area vocational-technical school or school
district with an approved vocational program that submits
a completed funding application shall receive funding in
the amount determined under subparagraph (i).
(v) If insufficient funds are appropriated to make
payments under subparagraph (i), such payments shall be
made on a pro rata basis.
(vi) For purposes of this paragraph, "occupational
advisory committee" shall mean an occupational advisory
committee established pursuant to 22 Pa. Code Ch. 339
(relating to vocational education).
Section 1723-L. Department of Environmental Protection.
The following shall apply to appropriations for the
Department of Environmental Protection:
(1) Notwithstanding section 502 of the act of July 9,
2008 (1st Sp.Sess., P.L.1873, No.1), known as the Alternative
Energy Investment Act, in fiscal year 2015-2016, no funds
shall be appropriated from the General Fund to the department
for the Consumer Energy Program. Any appropriation for fiscal
year 2015-2016 is revoked.
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(2) From funds appropriated for general government
operations, 3% shall be used for a project to improve
infrastructure to provide clean drinking water in a county of
the fourth class with a population, based on the most recent
Federal decennial census, of at least 150,000 but not more
than 155,000.
(3) If the funds appropriated for sewage facilities
grants are equal to or greater than $900,000, up to $35,600
shall be distributed for reimbursement of costs incurred by a
borough in a county of the third class. Up to $54,600 shall
be distributed for reimbursement of costs incurred by a
township of the first class in a county of the second class
A. Five hundred thousand dollars shall be distributed for
upgrades at an existing wastewater pumping station operated
by a joint sewer authority serving a third class city in a
county of the fifth class and $200,000 shall be distributed
to a municipal authority in a county of the fourth class with
a population, based on the most recent Federal decennial
census, of at least 149,000 but not more than 152,000 for
system upgrades to residential service areas.
(4) (3) Not later than 60 days after the effective date
of this section, the department shall pay or transfer
$6,810,223 of the unexpended Alternative Energy Series 2010B
proceeds allocated to the department under section 304(a) of
the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known
as the Alternative Energy Investment Act, to the Commonwealth
Financing Authority for the payment of interest due during
fiscal year 2015-2016 on the authority's alternative energy
tax-exempt bond issues.
Section 1724-L. Department of General Services (Reserved).
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Section 1725-L. Department of Health.
The following apply:
(1) From funds appropriated for general government
operations, sufficient funds are included for the
coordination of donated dental services and 0.45% is included
for outreach for Charcot-Marie-Tooth syndrome.
(2) Funds appropriated for newborn screening shall
include an allocation for the operation of a referral center
for abnormal metabolic screenings at a children's hospital in
a county of the eighth class. The allocation under this
paragraph shall be no less than the amount allocated to the
center in the 2014-2015 fiscal year. If the total amount
appropriated for newborn screening is equal to or greater
than $5,327,000, the center shall receive an allocation of no
less than $100,000 greater than the amount allocated to the
center in the 2014-2015 fiscal year.
(3) From funds appropriated for adult cystic fibrosis
and other chronic respiratory illnesses which are in excess
of $450,000, at least $204,000 , NO LESS THAN THE AMOUNT USED
IN THE 2014-2015 FISCAL YEAR shall be used for a program
promoting cystic fibrosis research in a county of the second
class, and $102,000 NO LESS THAN THE AMOUNT USED IN THE 2014-
2015 FISCAL YEAR shall be used for research related to
childhood cystic fibrosis in a city of the first class with a
hospital that is nationally accredited as a cystic fibrosis
treatment center and specializes in the treatment of
children. If insufficient funds are available, amounts under
this paragraph shall be used on a pro rata basis.
(4) If funds are FUNDS appropriated for lupus programs ,
the funds shall be distributed in the same proportion as
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distributed in fiscal year 2014-2015 .
(5) If the funds appropriated for biotechnology research
are at least $6,018,000, the amount includes allocations for
regenerative medicine research, for regenerative medicine
medical technology, for hepatitis and viral research, for
drug research and clinical trials related to cancer, for
genetic and molecular research for disease identification and
eradication, for a study related to nanotechnology and for
the commercialization of applied research.
(5) FUNDS APPROPRIATED FOR BIOTECHNOLOGY RESEARCH SHALL
BE DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN
FISCAL YEAR 2014-2015.
Section 1726-L. Insurance Department (Reserved).
Section 1727-L. Department of Labor and Industry.
The following shall apply to appropriations for the
Department of Labor and Industry:
(1) The appropriation for payment to the Vocational
Rehabilitation Fund for work of the State Board of Vocational
Rehabilitation Services includes allocations for a Statewide
professional service provider association for the blind to
provide specialized services and prevention of blindness
services and for specialized services and prevention of
blindness services in cities of the first class, in amounts
used for those purposes in the 2014-2015 fiscal year. If
sufficient funds are available, an additional $200,000 shall
be used to provide independent living services for older
individuals who are blind, by a Statewide professional
service provider association for the blind.
(2) From funds appropriated to the department for
transfer to the Vocational Rehabilitation Fund, the
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department shall allocate money to a program that provides
for work-based learning experiences which take place in
competitive integrated workplaces, as part of the
preemployment transition services provided to high school
students with disabilities.
(3) From funds appropriated for Industry Partnerships,
no less than the amount allocated in the 2014-2015 fiscal
year shall be allocated for a work force development program
that links veterans with employment in a home rule county
that was formerly a county of the second class A.
Section 1728-L. Department of Military and Veterans Affairs
(Reserved).
Section 1729-L. Department of Human Services.
The following shall apply to appropriations for the
Department of Human Services:
(1) The following shall apply:
(i) The department, upon approval of the secretary,
may transfer Federal funds appropriated for TANFBG Child
Care Assistance to the CCDFBG Child Care Services
appropriation to provide child-care services to
additional low-income families if the transfer of funds
will not result in a deficit in the appropriation. The
secretary shall provide notice 10 days prior to a
transfer under this subparagraph to 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.
(ii) The department, upon approval of the secretary,
may transfer Federal funds appropriated for CCDFBG Child
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Care Assistance to the CCDFBG Child Care Services
appropriation to provide child-care services to
additional low-income families, provided that the
transfer of funds will not result in a deficit in the
appropriation. The secretary shall provide notice 10 days
prior to a transfer under this subparagraph to 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.
(2) The following shall apply:
(i) For fiscal year 2015-2016 , payments to hospitals
for Community Access Fund grants shall be distributed
under the formulas utilized for these grants in fiscal
year 2014-2015 . If the total funding available under this
subparagraph is less than that available in fiscal year
2014-2015 , payments shall be made on a pro rata basis.
(ii) Funds appropriated for medical assistance
transportation shall only be utilized as a payment of
last resort for transportation for eligible medical
assistance recipients.
(iii) Amounts allocated from funds appropriated for
fee-for-service used for the Select Plan for Women
Preventative Health Services shall be used for women's
medical services, including noninvasive contraception
supplies.
(iv) Federal or State funds appropriated under the
General Appropriation Act in accordance with Article
VIII-H of the Human Services Code, not used to make
payments to hospitals qualifying as Level III trauma
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centers or seeking accreditation as Level III trauma
centers shall be used to make payments to hospitals
qualifying as Levels I and II trauma centers.
(v) Qualifying university-affiliated physician
practice plans which received funds for fiscal year 2014-
2015 shall not receive any less than the State
appropriation made available to those university-
affiliated physician practice plans during fiscal year
2014-2015. From funds appropriated for physician practice
plans:
(A) $1,500,000 shall be distributed to a
physician practice plan serving a health system
located in a city of the first class and a contiguous
county of the second class A which did receive
funding during fiscal year 2014-2015;
(B) at least $500,000 shall be distributed to a
physician practice plan serving a health system
located in a city of the first class and two
contiguous counties of the second class A that has an
independent academic center which did receive funding
during fiscal year 2014-2015; and
(C) $1,000,000 shall be distributed to an acute
care hospital affiliated with an academic medical
center located in a city of the second class.
(vi) (A) Qualifying academic medical centers which
received funds for fiscal year 2014-2015 shall not
receive any less than the State appropriation made
available to those academic medical centers during
fiscal year 2014-2015.
(B) In addition to funds under clause (A), the
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following shall apply:
(I) A qualifying academic medical center
with a regional campus located in a county of the
fourth class shall receive an additional
$484,000.
(II) A qualifying academic medical center in
a city of the second class shall receive an
additional $967,000.
(III) A qualifying academic medical center
located in a third class county with a population
between 210,000 and 215,000 under the 2010
Federal decennial census shall receive an
additional $605,000.
(IV) A qualifying academic medical center
located in a third class county with a population
between 279,000 and 282,000 under the 2010
Federal decennial census shall receive an
additional $97,000.
(V) A qualifying academic medical center
located in a city of the first class that did not
receive funding during fiscal year 2010-2011
shall receive an additional $97,000.
(vi.1) Notwithstanding any provision of law to the
contrary and in order to maximize the availability of
Federal matching funding for allocations made under
subparagraphs (v) and (vi), the following apply:
(A) The department may transfer allocations
among subparagraphs (v) and (vi).
(B) If funds appropriated for medical assistance
fee-for-service are available, the allocations under
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subparagraph (v)(A) and (C) may be funded from funds
appropriated for medical assistance fee-for-service.
(C) Funds available as a result of the
department's action under clause (B) may be
reallocated on a pro rata basis to increase the
allocations under subparagraph (vi)(B).
(VI) QUALIFYING ACADEMIC MEDICAL CENTERS WHICH
RECEIVED FUNDS FOR FISCAL YEAR 2014-2015 SHALL NOT
RECEIVE ANY LESS THAN THE STATE APPROPRIATION MADE
AVAILABLE TO THOSE ACADEMIC MEDICAL CENTERS DURING FISCAL
YEAR 2014-2015.
(vii) Notwithstanding any other law, funds
appropriated for medical assistance payments for fee-for-
service care, exclusive of inpatient services provided
through capitation plans, shall include sufficient funds
for two separate All Patient Refined Diagnostic Related
Group payments for inpatient acute care general hospital
stays for:
(A) normal newborn care; and
(B) mothers' obstetrical delivery.
(viii) From funds appropriated for medical
assistance payments for fee-for-service care, no less
than the amount used in the 2014-2015 fiscal year shall
be used for treatment of cleft palates and other
craniofacial anomalies.
(ix) From funds appropriated for medical assistance
fee-for-service care the following apply:
(A) At least 0.19% $800,000 shall be distributed
to a health system for clinical ophthalmologic
services located in a city of the first class.
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(B) No less than the amount distributed in the
2014-2015 fiscal year shall be distributed for
improvements to an intensive care facility in an
acute care hospital located in a city of the first
class.
(C) At least 1.17% $5,000,000 shall be
distributed to a hospital in a city of the third
class in a home rule county that was formerly a
county of the second class A.
(x) From funds appropriated for medical assistance
capitation, no less than the amount used in the 2014-2015
fiscal year shall be used for prevention and treatment of
depression and its complications in older Pennsylvanians
in a county of the second class, and sufficient funds are
provided for managed care organizations to provide a $5-
per-hour increase in the reimbursement rates for
pediatric shift nursing services provided in a home care
setting effective January 1, 2016.
(xi) From funds appropriated for medical assistance
long-term care, no less than the amount distributed in
the 2014-2015 fiscal year shall be distributed to a
county nursing home located in a home rule county that
was formerly a county of the second class A which has a
medical assistance occupancy rate of at least 85%, 0.21%
$2,000,000 shall be distributed to a nonpublic nursing
home located in a county of the first class with more
than 395 beds and a Medicaid acuity at 1.19 as of August
1, 2015, to ensure access to necessary nursing care in
that county and 0.41% $4,000,000 shall be distributed to
a nonpublic nursing home located in a county of the
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eighth class with more than 119 beds and a Medicaid
acuity of 1.14 as of August 1, 2015, to ensure access to
necessary nursing home care in that county.
(3) The following shall apply:
(i) Funds appropriated for breast cancer screening
may be used for women's medical services, including
noninvasive contraception supplies.
(ii) (Reserved).
(4) The following shall apply:
(i) Funds appropriated for women's service programs
grants to nonprofit agencies whose primary function is to
promote childbirth and provide alternatives to abortion
shall be expended to provide services to women until
childbirth and for up to 12 months thereafter, including
food, shelter, clothing, health care, counseling,
adoption services, parenting classes, assistance for
postdelivery stress and other supportive programs and
services and for related outreach programs. Agencies may
subcontract with other nonprofit entities which operate
projects designed specifically to provide all or a
portion of these services. Projects receiving funds
referred to in this subparagraph shall not promote, refer
for or perform abortions or engage in any counseling
which is inconsistent with the appropriation referred to
in this subparagraph and shall be physically and
financially separate from any component of any legal
entity engaging in such activities.
(ii) Federal funds appropriated for TANFBG
Alternatives to Abortion shall be utilized solely for
services to women whose gross family income is below 185%
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of the Federal poverty guidelines.
(5) The provisions of 8 U.S.C. §§ 1611 (relating to
aliens who are not qualified aliens ineligible for Federal
public benefits), 1612 (relating to limited eligibility of
qualified aliens for certain Federal programs) and 1642
(relating to verification of eligibility for Federal public
benefits) shall apply to payments and providers.
(6) From funds appropriated for autism intervention and
services, no less than the amount distributed in the 2014-
2015 fiscal year shall be distributed to a behavioral health
facility located in a fifth class county with a population
between 130,000 and 135,000 under the 2010 Federal decennial
census that operates a center for autism and developmental
disabilities, an institution of higher education which
provides autism education and diagnostic curriculum located
in a city of the first class that operates a center for
autism in a county of the second class A, an institution of
higher education which provides autism education and
diagnostic curriculum and is located in a county of the
second class, and programs to promote the health and fitness
of persons with developmental disabilities located in a city
of the first class.
(7) Funds appropriated for community-based family
centers may not be considered as part of the base for
calculation of the county child welfare needs-based budget
for a fiscal year.
(8) From funds appropriated for mental health services
or from Federal funds, 0.076% shall be used for the
following:
(i) The operation and maintenance of a network of
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web portals that provide comprehensive referral services,
support and information relating to early intervention,
prevention and support for individuals with mental health
or substance abuse issues, county mental health offices,
providers and others that provide mental and behavioral
health treatment and related services.
(ii) The expansion of the existing web portals,
including services and resources for military veterans
and their families, including comprehensive referral
services for transitional, temporary and permanent
housing, job placement and career counseling and other
services for military veterans returning to civilian
life.
(9) To supplement the funds appropriated to the
department for medical assistance for workers with
disabilities, in addition to the monthly premium established
under section 1503(b)(1) of the act of June 26, 2001
(P.L.755, No.77), known as the Tobacco Settlement Act, the
department may adjust the percentage of the premium upon
approval of the Centers for Medicaid Services as authorized
under Federal requirements. Failure to make payments in
accordance with this paragraph or section 1503(b)(1) of the
Tobacco Settlement Act shall result in the termination of
medical assistance coverage.
Section 1730-L. Department of Revenue.
The following shall apply to appropriations for the
Department of Revenue:
(1) The Enhanced Revenue Collection Account shall
continue through fiscal year 2019-2020. Revenues collected
and the amount of refunds avoided as a result of expanded tax
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return reviews and tax collection activities shall be
deposited into the account. The following shall apply:
(i) Of the funds in the account, for each of the
fiscal years 2015-2016 through 2019-2020, up to
$25,000,000 is appropriated to the department to fund the
costs associated with increased tax collection
enforcement and reduction in tax refund errors. The
balance of the funds in the account on June 15, 2014, and
each June 15 thereafter, shall be transferred to the
General Fund.
(ii) The department shall issue a report to the
Governor, the chairperson and the minority chairperson of
the Appropriations Committee of the Senate and the
chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives
by June 1, 2016, and by each June 1 thereafter, with the
following information:
(A) A detailed breakdown of the department's
administrative costs in implementing the activities
described under this section.
(B) The amount of revenue collected and the
amount of refunds avoided as a result of the
activities under this paragraph, including the type
of tax generating the revenue and avoided refunds.
(2) (Reserved).
Section 1731-L. Department of State (Reserved).
Section 1732-L. Department of Transportation.
The following shall apply to appropriations for the
Department of Transportation:
(1) From amounts appropriated or any other funds used by
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the department during the 2015-2016 fiscal year, the
department may not use direct mail inserts in mailings from
the department. As used in this paragraph, the term "direct
mail inserts" include coupons for commercial services,
advertising materials for a private commercial entity and
departmental documents which are sponsored by a private
commercial entity.
(2) (Reserved).
Section 1733-L. Pennsylvania State Police (Reserved).
Section 1734-L. State Civil Service Commission (Reserved).
Section 1735-L. Pennsylvania Emergency Management Agency.
The following shall apply to appropriations for the
Pennsylvania Emergency Management Agency:
(1) If funds are FUNDS appropriated for local municipal
emergency relief , the entire amount shall be used for a State
program to provide assistance to individuals and political
subdivisions directly affected by natural and man-made
disasters or public safety emergencies. State assistance will
be limited to grants for projects that do not qualify for
Federal assistance to help repair damages to primary
residences, personal property and public facilities. Grants
will be made available for reimbursement in a disaster
emergency area only when a Presidential disaster declaration
is not covering the area or when the agency determines that a
public safety emergency has occurred.
(2) If funds are FUNDS appropriated for search and
rescue programs , the entire amount shall be used to support
programs related to training working service dogs focusing on
rescue and public safety at a center located in a city of the
first class.
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Section 1736-L. Pennsylvania Fish and Boat Commission
(Reserved).
Section 1737-L. State System of Higher Education (Reserved).
Section 1737.1-L. State-related institutions (Reserved).
Section 1738-L. Pennsylvania Higher Education Assistance Agency
(Reserved).
Section 1739-L. Pennsylvania Historical and Museum Commission
(Reserved).
Section 1740-L. Pennsylvania Infrastructure Investment
Authority (Reserved).
Section 1741-L. Environmental Hearing Board (Reserved).
Section 1742-L. Pennsylvania Board of Probation and Parole
(Reserved).
Section 1743-L. Pennsylvania Gaming Control Board.
The following shall apply:
(1) Notwithstanding 4 Pa.C.S. Pt. II (relating to
gaming) or any other provision of law to the contrary, any
payment of a slot machine license fee under 4 Pa.C.S. § 1209
(relating to slot machine license fee) received by the
Pennsylvania Gaming Control Board after June 30, 2014, shall
be deposited in and credited to the General Fund.
(2) (Reserved). (RESERVED).
Section 1744-L. (Reserved).
Section 1745-L. (Reserved).
Section 1746-L. (Reserved).
Section 1747-L. (Reserved).
Section 1748-L. Commonwealth Financing Authority (Reserved).
Section 1749-L. Thaddeus Stevens College of Technology
(Reserved).
Section 1750-L. Pennsylvania Housing Finance Agency (Reserved).
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Section 1751-L. LIHEABG (Reserved).
SUBARTICLE C
STATE GOVERNMENT SUPPORT AGENCIES
Section 1761-L. Health Care Cost Containment Council
(Reserved).
Section 1762-L. State Ethics Commission (Reserved).
Section 1763-L. Legislative Reference Bureau (Reserved).
Section 1764-L. Legislative Budget and Finance Committee
(Reserved).
Section 1765-L. Legislative Data Processing Committee
(Reserved).
Section 1766-L. Joint State Government Commission (Reserved).
Section 1767-L. Joint Legislative Air and Water Pollution
Control and Conservation Committee (Reserved).
Section 1768-L. Legislative Audit Advisory Commission
(Reserved).
Section 1769-L. Independent Regulatory Review Commission
(Reserved).
Section 1770-L. Capitol Preservation Committee (Reserved).
Section 1771-L. Pennsylvania Commission on Sentencing
(Reserved).
Section 1772-L. Center for Rural Pennsylvania (Reserved).
Section 1773-L. Commonwealth Mail Processing Center (Reserved).
Section 1774-L. Transfers (Reserved).
SUBARTICLE D
JUDICIAL DEPARTMENT
Section 1781-L. Supreme Court (Reserved).
Section 1782-L. Superior Court (Reserved).
Section 1783-L. Commonwealth Court (Reserved).
Section 1784-L. Courts of common pleas (Reserved).
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Section 1785-L. Community courts; magisterial district judges
(Reserved).
Section 1786-L. Philadelphia Traffic Court (Reserved).
Section 1787-L. Philadelphia Municipal Court (Reserved).
Section 1788-L. Judicial Conduct Board (Reserved).
Section 1789-L. Court of Judicial Discipline (Reserved).
Section 1790-L. Juror cost reimbursement (Reserved).
Section 1791-L. County court reimbursement (Reserved).
Section 1792-L. Senior judges (Reserved).
Section 1793-L. Transfer of funds by Supreme Court (Reserved).
SUBARTICLE E
GENERAL ASSEMBLY
(Reserved)
ARTICLE XVII-M
2015-2016 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
Section 1701 -M . Applicability.
Except as specifically provided in this article, this article
applies to the act of December 29, 2015 (P.L. , No.10A),
known as the General Appropriation Act of 2015, THE ACT OF
, 2016 (P.L. , NO. ), KNOWN AS THE SUPPLEMENT TO THE
GENERAL APPROPRIATION ACT OF 2015, and all other appropriation
acts of 2015.
Section 1702 -M . State Lottery Fund.
The following apply:
(1) Funds appropriated for PENNCARE shall not be
utilized for administrative costs by the Department of Aging.
(2) (Reserved).
Section 1703 -M . Energy Conservation and Assistance Fund
(Reserved).
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Section 1704 -M . Judicial Computer System Augmentation Account
(Reserved).
Section 1704.1 -M . Access to Justice Account (Reserved).
Section 1705 -M . Emergency Medical Services Operating Fund
(Reserved).
Section 1706 -M . The State Stores Fund (Reserved).
Section 1707 -M . Motor License Fund (Reserved).
Section 1708 -M . Hazardous Material Response Fund (Reserved).
Section 1709 -M . Milk Marketing Fund (Reserved).
Section 1710 -M . HOME Investment Trust Fund (Reserved).
Section 1711 -M . Tuition Payment Fund (Reserved).
Section 1712 -M . Banking Fund (Reserved).
Section 1713 -M . Firearm Records Check Fund (Reserved).
Section 1714 -M . Ben Franklin Technology Development Authority
Fund (Reserved).
Section 1715 -M . Tobacco Settlement Fund (Reserved).
Section 1716 -M . (Reserved).
Section 1717 -M . Restricted receipt accounts.
(a) General provisions.--The secretary may create restricted
receipt accounts for the purpose of administering Federal grants
only for the purposes designated in this section.
(b) Department of Community and Economic Development.--The
following restricted receipt accounts may be established for the
Department of Community and Economic Development:
(1) ARC Housing Revolving Loan Program.
(2) (Reserved).
(c) Department of Conservation and Natural Resources.--The
following restricted receipt accounts may be established for the
Department of Conservation and Natural Resources:
(1) Federal Aid to Volunteer Fire Companies.
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(2) Land and Water Conservation Fund Act of 1965 (Public
Law 88-578, 16 U.S.C. § 460l-4 et seq.).
(3) National Forest Reserve Allotment.
(d) Department of Education.--The following restricted
receipt accounts may be established for the Department of
Education:
(1) Education of the Disabled - Part C.
(2) LSTA - Library Grants.
(3) The Pennsylvania State University Federal Aid.
(4) Emergency Immigration Education Assistance.
(5) Education of the Disabled - Part D.
(6) Homeless Adult Assistance Program.
(7) Severely Handicapped.
(8) Medical Assistance Reimbursements to Local Education
Agencies.
(e) Department of Environmental Protection.--The following
restricted receipt accounts may be established for the
Department of Environmental Protection:
(1) Federal Water Resources Planning Act.
(2) Flood Control Payments.
(3) Soil and Water Conservation Act - Inventory of
Programs.
(f) Department of Drug and Alcohol Programs.--The following
restricted receipt accounts may be established for the
Department of Drug and Alcohol Programs:
(1) Share Loan Program.
(2) (Reserved).
(g) Department of Transportation.--The following restricted
receipt accounts may be established for the Department of
Transportation:
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(1) Capital Assistance Elderly and Handicapped Programs.
(2) Railroad Rehabilitation and Improvement Assistance.
(3) Ridesharing/Van Pool Program - Acquisition.
(h) Pennsylvania Emergency Management Agency.--The following
restricted receipt accounts may be established for the
Pennsylvania Emergency Management Agency:
(1) Receipts from Federal Government - Disaster Relief -
Disaster Relief Assistance to State and Political
Subdivisions.
(2) (Reserved).
(i) Pennsylvania Historical and Museum Commission.--The
following restricted receipt accounts may be established for the
Pennsylvania Historical and Museum Commission:
(1) Federal Grant - National Historic Preservation Act.
(2) (Reserved).
(j) Executive Offices.--The following restricted receipt
accounts may be established for the Executive Offices:
(1) Retired Employees Medicare Part D.
(2) Justice Assistance.
(3) Juvenile Accountability Incentive.
(4) Early Retiree Reinsurance Program.
Section 1718.1 -M . Gaming Economic Development and Tourism Fund
(Reserved).
Section 1719 -M . Veterans' Trust Fund (Reserved).
Section 1720 -M . State Farm Products Show Fund (Reserved).
Section 1721 -M . Pennsylvania Race Horse Development Fund
(Reserved).
Section 20. Article XVIII of the act is renumbered to read:
ARTICLE [XVIII] C
INTERPRETATION, EFFECTIVE DATE, AND REPEALER
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Section [1801] 10001. Constitutionality.--It is the
intention of the General Assembly that if this act cannot take
effect in its entirety, because of the judgment of any court of
competent jurisdiction holding unconstitutional any part or
parts thereof, the remaining provisions of the act shall be
given full force and effect as completely as if the part or
parts held unconstitutional had not been included herein.
It is the intention of the General Assembly that, if any
court of competent jurisdiction shall hold unconstitutional any
provisions of this act transferring to a department, board,
commission, or officer, the powers and duties heretofore
exercised and performed by another department, board,
commission, or officer, the provisions transferring such powers
and duties shall thereby become inoperative, and that, in such
event, the department, board, commission, or officer, heretofore
exercising such powers and performing such duties shall continue
to exercise and perform them. The remaining provisions of this
act shall, in any such case, be given full force and effect.
Section [1802] 10002. Continuance of Existing Laws.--The
provisions of this act, as far as they are the same as those of
existing laws, shall be construed as a continuation of such
laws, and not as new enactments.
Section [1803] 10003. Enumeration of Powers of Departments,
Boards, and Commissions.--Whenever in this act the powers and
duties of a department, board, commission, or officer are
enumerated and defined, such enumeration and definition shall
not be construed to be in derogation or limitation of the powers
and duties heretofore exercised and performed by such
department, board, commission, or officer unless,
(a) Any power or duty, as enumerated and defined, is clearly
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inconsistent with the exercise of a power or the performance of
a duty heretofore exercised or performed; or
(b) There is a specific statement that a power or a duty
heretofore exercised or performed shall be exercised or
performed by another department, board, commission or officer,
or that such power or duty shall be exercised or performed in a
different manner.
Section [1804] 10004. Effective Date.--Article V of this act
shall take effect on the first day of June, one thousand nine
hundred and twenty-nine, but in all other respects this act
shall become effective on the first day of July of said year,
except that any licenses and tags or buttons issued prior to the
effective date of this act shall remain in full force and effect
for the period for which they shall have been issued, and any
forms of license and tags or buttons prepared for issuance or
for the preparation of which contracts shall have been executed
prior to such effective date, may be used by the Department of
Revenue during the remainder of the year one thousand nine
hundred and twenty-nine, notwithstanding they bear the name of a
department, board or commission other than the Department of
Revenue.
Section [1805] 10005. Repealer.--
(a) All acts and parts of acts supplied by this act are
hereby repealed, but this act is not intended to repeal any act
or part of an act relating to the settlement, assessment,
collection, or lien of any State tax, bonus, or license fee, if
the effect of such repeal would be to relieve any person,
association, or corporation of any tax, bonus, or license fee
now payable by such person, association, or corporation.
If any court of competent jurisdiction shall hold that any
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tax, bonus, license fee, or other money payable to the
Commonwealth, or any officer or agency thereof, cannot be
settled, assessed, or collected under the procedure provided by
this act, such tax, bonus, license fee, or other money shall
continue to be settled or assessed and collected under the laws
in force prior to the passage of this act.
(b) The following acts and parts of acts are hereby
specifically repealed:
Sections one, two, three, five, nine, eleven, twelve,
thirteen, fourteen, sixteen, twenty-six, thirty-one, thirty-two,
thirty-three, thirty-four, thirty-six, and fifty-one, of the
act, approved the thirtieth day of March, one thousand eight
hundred eleven (Pamphlet Laws, one hundred forty-five), entitled
"An act to amend and consolidate the several acts relating to
the settlement of the public accounts and the payment of the
public monies and for other purposes."
Sections forty-nine and fifty-nine of the act, approved the
fifteenth day of April, one thousand eight hundred thirty-four
(Pamphlet Laws, five hundred thirty-seven), entitled "An act
relating to counties and townships, and county and townships
officers."
Section ten of the act, approved the twenty-first day of
April, one thousand eight hundred forty-six (Pamphlet Laws, four
hundred thirteen), entitled "A supplement to the law relating to
defaulting public officers."
The act approved the fifteenth day of March, one thousand
eight hundred forty-seven (Pamphlet Laws, three hundred fifty-
four), entitled "A further supplement to the law relating to
defaulting public officers."
Section eight of the act, approved the tenth day of April,
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one thousand eight hundred forty-nine (Pamphlet Laws, six
hundred thirty-one), entitled "An act to provide for the
ordinary expenses of the government, the repair of the canals
and railroads of the Commonwealth, and the payment of other
claims due by the same."
In so far as inconsistent with the provisions of this act,
requiring monthly reports and payments to the Department of
Revenue by county officers, section three of the act, approved
the second day of April, one thousand eight hundred thirty
(Pamphlet Laws, one hundred forty-seven), entitled "An act for
regulating hawkers and pedlars," and section nine of the act,
approved the seventh day of April, one thousand eight hundred
thirty (Pamphlet Laws, three hundred eighty-seven), entitled "An
act graduating the duties upon wholesale dealers and retailers
of merchandise, and prescribing the mode of issuing licenses and
collecting said duties."
Section 21. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 1723-E(b) of the act.
(2) Section 4 of the act of October 22, 2014 (P.L.2873,
No.175), known as the Pennsylvania Greenhouse Gas Regulation
Implementation Act, is repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of
section 1724-A.1 of the act.
(4) Section 1801-C of the act of December 29, 2015 (P.L.
, No.10A), known as the General Appropriation Act of 2015, is
repealed.
Section 22. This act shall apply as follows:
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(1) The following provisions shall apply retroactively
to July 1, 2015:
(i) The amendment or addition of the following
provisions of the act:
(A) Section 1702-A(b)(1)(viii).
(B) Section 1733-E.
(C) Article XVII-L.
(D) Article XVII-M.
(ii) Section 18 of this act.
(2) The reenactment and amendment of Article XVII-A
Subarticle D heading and sections 1731-A and 1732-A of the
act shall apply retroactively to June 30, 2015.
Section 23. This act shall take effect immediately.
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