Amendment 2140 to House Bill 1348 P.N. 1442, Regular Session 2021-2022

H1348B1442A02140 PWK:JMT 06/25/21 #90 A02140

AMENDMENTS TO HOUSE BILL NO. 1348

Sponsor: SENATOR BROWNE

Printer's No. 1442

Amend Bill, page 1, lines 1 through 35; page 2, line 1; by

striking out all of said lines on said pages and inserting

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," in emergency COVID-19 response, further

providing for money in account, providing for elementary and

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secondary school emergency relief for school districts,

charter schools and cyber charter schools, for emergency

relief for other educational entities, for emergency

education relief to nonpublic schools, for funding for

library services and for allocation from ARPA - Elementary

and Secondary School Emergency Relief - Administration,

further providing for Department of Health and for use of

money, providing for Pennsylvania Housing Finance Agency and

establishing the Construction Cost Relief Program; in Rental

and Utility Assistance Grant Program, further providing for

Rental and Utility Assistance Grant Program, for department

and for reallocation of grants; providing for American Rescue

Plan Rental and Utility Assistance Grant Program, for

Homeowners Assistance Grant Program, for Water Assistance

Program and for Child Care Stabilization Program; in bonus

and tax reports and returns and reports and records relating

to tax collections, further providing for confidential

information; in oil and gas wells, further providing for Oil

and Gas Lease Fund; providing for Angel Investment Venture

Capital Program and for Transportation Pilot Programs; in

special funds, further providing for funding and for

expiration; in additional special funds and restricted

accounts, further providing for establishment of special fund

and account, for use of fund and for distributions from

Pennsylvania Race Horse Development Fund and providing for

Opioid Settlement Restricted Account; providing for 2021-2022

budget implementation and for 2021-2022 restrictions on

appropriations for funds and accounts; in general budget

implementation, further providing for Department of

Education, for Department of General Services, for

Pennsylvania Gaming Control Board, for Department of Labor

and Industry, further providing for Department of Human

Services, providing for State Employees' Retirement System,

further providing for Multimodal Transportation Fund and

providing for Public Transportation Trust Fund; in school

district debt refinancing bonds, further providing for

sinking fund charges for school building projects; in 2020-

2021 restrictions on appropriations for funds and accounts,

further providing for fund transfers; and making related

repeals.

The General Assembly finds and declares as follows:

(1) The intent of this act is to provide for the

implementation of the 2021-2022 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 this

Commonwealth, regardless of their source. The Supreme Court

has repeatedly affirmed that "It is fundamental within

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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

Appropriation 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

2021-2022 Commonwealth budget.

(7) Every provision of this act relates to the

implementation of the operating budget of the Commonwealth

for this fiscal year, addressing in various ways the fiscal

operations, revenues and potential liabilities of the

Commonwealth. To that end, this act is intended to implement

the 2021-2022 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 ???? (P.L.????, No.????), known as the General

Appropriation Act of 2021.

Amend Bill, page 2, lines 4 through 30; page 3, lines 1

through 17; by striking out all of said lines on said pages and

inserting

Section 1. Section 111-C of the act of April 9, 1929

(P.L.343, No.176), known as the Fiscal Code, is amended by

adding a subsection to read:

Section 111-C. Money in account.

* * *

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(g) Transfer.--

(1) Federal money from the Coronavirus State Fiscal

Recovery Fund in the account other than amounts appropriated

under Part XXX of the act of ???? (P.L.????, No.????), known

as the General Appropriation Act of 2021, shall be

transferred to the General Fund for use under 42 U.S.C. §

802(c)(1) (Public Law 117-2, 135 Stat. 223) for fiscal years

beginning after June 30, 2022.

(2) A transfer under paragraph (1) shall be made by the

State Treasurer on the following schedule:

(i) For the 2022-2023 fiscal year, the transfer

shall be made no earlier than July 31, 2022.

(ii) For the 2023-2024 fiscal year, the transfer

shall be made no earlier than July 31, 2023.

(3) The amount of the transfer under paragraph (1) made

for a fiscal year may not be higher than the amount which may

be used for the fiscal year under 42 U.S.C. § 802(c)(1).

(4) Any money which remains in the account after a

transfer under paragraph (1) shall be transferred under

paragraph (2) in the following fiscal year.

Section 2. The act is amended by adding sections to read:

Section 143-C. Elementary and secondary school emergency relief

for school districts, charter schools and cyber

charter schools.

(a) General rule.--From money appropriated for COVID Relief

- ARPA - Elementary and Secondary School Emergency Relief, the

following shall apply:

(1) The amount of $249,847,658 shall be distributed to

school districts, charter schools and cyber charter schools

as grants to address student learning loss as follows:

(i) Multiply the amount received by the school

district, charter school or cyber charter school from the

allocation of Federal funds under Title I, Part A of the

Elementary and Secondary Education Act of 1965 (Public

Law 89-10, 20 U.S.C. § 6301 et seq.) for the 2020-2021

school year by $249,847,658.

(ii) Divide the product from subparagraph (i) by the

sum of the amounts received by school districts, charter

schools and cyber charter schools from the allocation of

Federal funds under Title I, Part A of the Elementary and

Secondary Education Act of 1965 for the 2020-2021 school

year.

(2) The amount of $49,969,532 shall be distributed to

school districts, charter schools and cyber charter schools

as grants for summer enrichment programs as follows:

(i) Multiply the amount received by the school

district, charter school or cyber charter school from the

allocation of Federal funds under Title I, Part A of the

Elementary and Secondary Education Act of 1965 for the

2020-2021 school year by $49,969,532.

(ii) Divide the product from subparagraph (i) by the

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sum of the amounts received by school districts, charter

schools and cyber charter schools from the allocation of

Federal funds under Title I, Part A of the Elementary and

Secondary Education Act of 1965 for the 2020-2021 school

year.

(3) The amount of $49,969,532 shall be distributed to

school districts, charter schools and cyber charter schools

as grants for comprehensive after-school programs as follows:

(i) Multiply the amount received by the school

district, charter school or cyber charter school from the

allocation of Federal funds under Title I, Part A of the

Elementary and Secondary Education Act of 1965 for the

2020-2021 school year by $49,969,532.

(ii) Divide the product from subparagraph (i) by the

sum of the amounts received by school districts, charter

schools and cyber charter schools from the allocation of

Federal funds under Title I, Part A of the Elementary and

Secondary Education Act of 1965 for the 2020-2021 school

year.

(b) Grant uses.--Grant money received under this section

shall be used by the school districts, charter schools and cyber

charter schools to implement evidence-based interventions to

address learning loss, provide summer enrichment programs and

provide comprehensive after-school programs in response to the

academic, social, emotional and mental health needs of students

and subgroups of students impacted by the COVID-19 public health

emergency that supplement school programs and activities.

(b.1) Minimum grant use requirements.--A school district,

charter school or cyber charter school, in consultation with the

Department of Education, shall at a minimum use the grant money

under subsection (a)(1) as follows:

(1) Thirty percent of the money shall be used to address

the social, emotional and mental health needs of students.

(2) Ten percent of the money shall be used to provide

professional development and technical assistance to

educators, school support staff, school leaders and school

health professionals to address the social, emotional and

mental health needs of students.

(3) Eight percent of the money shall be used to address

reading remediation and improvement for students.

under this section shall not lapse and must be utilized through

the period during which ARPA - Elementary and Secondary School

Emergency Relief funds may be spent according to Federal law.

(d) Existing personnel.--When available, existing personnel

shall be utilized by school districts, charter schools and cyber

charter schools to staff programs and activities established

with grant money under this section.

(e) Notice of grant amount.--Within 60 days of the effective

date of this section, the Department of Education shall notify

each school district, charter school and cyber charter school of

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the amount of grant money, itemized by program and activity, to

be received under subsection (a).

(f) Plan required.--Within 90 days of receipt of the

notification under subsection (e), the school district, charter

school or cyber charter school shall submit a three-part plan,

in a manner determined by the Department of Education, to the

Department of Education that outlines the proposed use of the

grant money, itemized by program and activity. The plan shall

include:

(1) A description of each program and activity.

(2) A narrative outlining the expected benefit of each

program and activity.

(3) A budget for each program and activity detailing

personnel and operating costs.

(g) Department review of plan.--Within 90 days of receipt of

a plan submitted under subsection (f), the Department of

Education shall review and approve or deny the plan. The

department may not apply criteria in addition to Federal law or

Federal guidance when approving the use of grant money under the

plan. If the Department of Education fails to complete its

review of a plan within 90 days, the plan shall be deemed

approved. If the Department of Education denies a plan, the

Department of Education shall notify the applicant and state the

reasons for the denial. A plan that is denied must be revised

and resubmitted to the Department of Education within 15 days in

order for the Department of Education to continue to review and

approve or deny the plan. Within 30 days of resubmission of a

denied plan, the Department of Education shall review and

approve or deny the resubmitted plan.

(h) Reporting.--The Department of Education shall submit an

interim report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives, the chairperson and minority

chairperson of the Education Committee of the Senate and the

chairperson and minority chairperson of the Education Committee

of the House of Representatives no later than November 1, 2021.

The report shall include the number of approved and denied

plans, the amount of each grant and the intended uses of the

grant money as stated in the plans.

(i) Final report.--The Department of Education shall submit

a final report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives, the chairperson and minority

chairperson of the Education Committee of the Senate and the

chairperson and minority chairperson of the Education Committee

of the House of Representatives no later than November 1, 2025.

The report shall include:

(1) The number of approved and denied plans.

(2) The amount of each grant.

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(3) The intended uses of the grant money as stated in

the plans.

(4) An analysis of the academic improvement resulting

from the programs and activities implemented by school

districts, charter schools and cyber charter schools with

money allocated for distribution under this section.

Section 144-C. Emergency relief for other educational entities.

(a) General rule.--From money appropriated for COVID Relief

- ARPA - Elementary and Secondary School Emergency Relief, the

following shall apply:

(1) The amount of $43,500,000 shall be distributed to

area career and technical schools as follows:

(i) Multiply the amount received by the area career

and technical school from the secondary career and

technical education subsidy under section 2502.8 of the

act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949, for school year 2019-2020 by

$43,500,000.

(ii) Divide the product from subparagraph (i) by the

sum of the amounts received by area career and technical

schools from the secondary career and technical education

subsidy under section 2502.8 of the Public School Code of

1949 for school year 2019-2020.

(2) The amount of $15,000,000 shall be distributed to

approved private schools, the chartered schools for the

education of the deaf or the blind and the private

residential rehabilitative institutions as follows:

(i) Multiply the 2019-2020 average daily membership

of the approved private school, chartered school for the

education of the deaf or the blind or private residential

rehabilitative institution by $15,000,000.

(ii) Divide the product from subparagraph (i) by the

sum of the 2019-2020 average daily membership for all

approved private schools, chartered schools for the

education of the deaf or the blind and private

residential rehabilitative institutions.

(3) The amount of $43,500,000 shall be distributed to

intermediate units as follows:

(i) Multiply the intermediate unit's 2020-2021

market value/income aid ratio by the intermediate unit's

2019-2020 average daily membership.

(ii) Multiply the product from subparagraph (i) by

$43,500,000.

(iii) Divide the product from subparagraph (ii) by

the sum of the products of the 2020-2021 market

value/income aid ratio multiplied by the 2019-2020

average daily membership for all intermediate units.

(iv) Each intermediate unit shall reserve 10% of its

allocation under this paragraph to provide support to

school entities, in consultation with the Department of

Education.

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(v) For the purposes of this paragraph, the term

"average daily membership" shall mean the sum of the

average daily membership of the intermediate unit's

component school districts.

(4) The amount of $14,000,000 shall be distributed to

additional targeted support and improvement schools under the

Elementary and Secondary Education Act of 1965 (Public Law

89-10, 20 U.S.C. § 6301 et seq.) as follows:

(i) Multiply the 2019-2020 economically

disadvantaged enrollment of the additional targeted

support and improvement school by $14,000,000.

(ii) Divide the product from subparagraph (i) by the

sum of the 2019-2020 economically disadvantaged

enrollment for all additional targeted support and

improvement schools.

For purposes of this paragraph, "economically disadvantaged

enrollment" shall mean the economically disadvantaged

enrollment reported through the Pennsylvania Information

Management System in October 2019.

(5) The amount of $19,908,593 shall be distributed to

educational programs for neglected, delinquent and at-risk

youth as follows:

(i) Multiply the amount received by the education

program for neglected, delinquent and at-risk youth from

the allocation of Federal funds under Title I, Part D of

the Elementary and Secondary Education School Act of

1965, related to educational programs for neglected,

delinquent and at-risk youth for the school year 2021-

2022, by $19,908,593.

(ii) Divide the product from subparagraph (i) by the

sum of the amounts received by educational programs for

neglected, delinquent and at-risk youth from the

allocation of Federal funds under Title I, Part D of the

Elementary and Secondary Education School Act of 1965,

related to educational programs for neglected, delinquent

and at-risk youth for the school year 2021-2022.

For purposes of this paragraph, "educational programs for

neglected, delinquent and at-risk youth" shall mean:

(i) An adult correctional institution in which

persons, including persons under 21 years of age, are

confined as a result of conviction for a criminal

offense.

(ii) An institution for delinquent children and

youth, as determined by the Department of Education,

whether a public or private residential facility, other

than a foster home, operated primarily for the care of

children and youth who have been adjudicated delinquent

or in need of supervision and have had an average length

of stay in the institution of at least 30 days.

(iii) An institution for neglected children and

youth, as determined by the Department of Education,

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whether a public or private residential facility, other

than a foster home, operated primarily for the care of

children and youth who have been committed to the

institution or voluntarily placed in the institution

under applicable State law due to:

(A) abandonment;

(B) neglect; or

had an average length of stay in the institution of

at least 30 days.

(iv) A community day program that provides a regular

program of instruction through a State agency at a

community day school operated specifically for neglected,

delinquent and at-risk youth.

(b) Use of money.--The money allocated for distribution

under this section shall not lapse and must be utilized through

the period during which ARPA - Elementary and Secondary School

Emergency Relief funds may be spent according to Federal law.

Section 145-C. Emergency education relief to nonpublic schools.

(a) Application and reporting.--From money appropriated for

COVID Relief - ARPA - Emergency Assistance to Non-Public

Schools, the following shall apply:

(1) The Department of Education shall provide to

nonpublic schools that are eligible to apply for money under

this section a notice and application which includes the

appropriate uses of the money and any other information

required. The notice and application shall be provided no

later than 30 days after the Commonwealth receives the money

from the Federal Government.

(2) The Department of Education shall approve or deny an

application under this section no later than 30 days after

the receipt of the application.

(3) The Department of Education may not apply

eligibility criteria other than that required by Federal law

or Federal guidance.

(4) The Department of Education shall submit an interim

report to the chairperson and minority chairperson of the

Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives, the chairperson and minority

chairperson of the Education Committee of the Senate and the

chairperson and minority chairperson of the Education

Committee of the House of Representatives not later than 90

days after an award of money is made under this section. The

report shall include the number of approved and denied

applications, the amount of each award and the intended uses

of the money as stated in the applications.

(5) The Department of Education shall submit a final

report to the chairperson and minority chairperson of the

Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

2021/90PWK/HB1348A02140 - 9 -

House of Representatives, the chairperson and minority

chairperson of the Education Committee of the Senate and the

chairperson and minority chairperson of the Education

Committee of the House of Representatives by June 30, 2022.

The report shall include the number of approved and denied

applications under this section, the amount of each award and

the intended uses of the money as stated in the application.

(b) (Reserved).

Section 146-C. Funding for library services.

(a) General rule.--From money appropriated for COVID Relief

- ARPA - IMLS, the following shall apply:

(1) Each library receiving an allocation in fiscal year

2020-2021 under section 2324 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

shall receive an equal share of $890,000.

(2) The amount of $3,810,000 shall be distributed to

libraries as follows:

(i) Multiply the amount received by the library in

fiscal year 2020-2021 under section 2324 of the Public

School Code of 1949 by $3,810,000.

(ii) Divide the product from subparagraph (i) by the

sum of the amounts received by libraries under section

2324 of the Public School Code of 1949.

(3) The amount of $86,000 shall be allocated to the

State Library for administration.

(b) (Reserved).

Section 147-C. Allocation from ARPA - Elementary and Secondary

School Emergency Relief - Administration.

(a) General rule.--From money appropriated for COVID Relief

- ARPA - Elementary and Secondary School Emergency Relief -

Administration, the sum of $14,000,000 shall be allocated to the

Department of Education for administrative costs, including

costs to manage and oversee the ARPA - Elementary and Secondary

School Emergency Relief and ARPA - Emergency Assistance to Non-

Public Schools funds and reporting requirements.

(b) Use of money.--The money allocated under this section

shall not lapse and must be utilized through the period during

which ARPA - Elementary and Secondary School Emergency Relief

funds may be spent according to Federal law.

Section 3. Section 150-C(b)(3) of the act, added May 29,

2020 (P.L.186, No.24), is amended to read:

Section 150-C. Department of Health.

* * *

(b) Limitations.--The following shall apply:

* * *

(3) A payment received under this section may only be

used to cover necessary COVID-19-related costs, including,

but not limited to, those:

(i) not otherwise reimbursed by Federal, State or

another source of funding.

(ii) incurred during the period [between] beginning

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March 1, 2020, and [November 30, 2020] ending December

31, 2021.

(iii) Subparagraph (ii) shall not apply to

unexpended funds returned and appropriated under section

111-C(d.1).

Section 4. Section 160-C(a)(11)(iii) of the act, added May

29, 2020 (P.L.186, No.24), is amended and the subsection is

amended by adding paragraphs to read:

Section 160-C. Use of money.

(a) Uses.--The following shall apply:

* * *

(10.1) Subject to paragraph (12), from money

appropriated for COVID Relief - ARPA - Long-term Living

Programs, $282,000,000 shall be used for the following

purposes:

(i) The sum of $247,000,000, for the purpose of

making payments to nonpublic and county nursing

facilities, which shall be allocated as follows:

(A) Of the amount under this subparagraph,

$198,000,000 shall be distributed as a one-time

payment to each nonpublic and county nursing

facility, which shall be determined as follows:

(I) Divide:

(a) the facility's number of medical

assistance days for the third quarter of

calendar year 2019 as reported under Article

VIII-A of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code; by

(b) the total number of medical

assistance days for all facilities for the

third quarter of calendar year 2019 as

reported under Article VIII-A of the Human

Services Code.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $198,000,000.

(B) Of the amount under this subparagraph,

$49,000,000 shall be distributed as a one-time

payment to each nonpublic and county nursing

facility, which shall be determined as follows:

(I) Divide:

(a) the number of the facility's

licensed beds as of March 31, 2020; by

(b) the total licensed beds of all

nonpublic and county nursing facilities as of

March 31, 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $49,000,000.

(ii) The sum of $5,000,000 shall be used by the

Department of Human Services for the purpose of awarding

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grants under this section as follows:

(A) The department shall develop an application

for long-term care facilities to apply for a grant

under this subparagraph within 30 days of the

effective date of this section. The application shall

be made available and posted on the department's

publicly accessible Internet website.

(B) A long-term care facility may be eligible

for a grant under this subparagraph for the

implementation of best practices regarding indoor air

management strategies aimed at reducing the risk of

transmission of, and occupant exposure to COVID-19,

including any of the following:

(I) Dilution.

(II) Airflow patterns.

(III) Outdoor air ventilation.

(IV) Pressurization.

(V) Demand-controlled ventilation.

(VI) Temperature and humidity distribution

and control.

(VII) Filtration.

(VIII) Ultraviolet germicidal irradiation.

(IX) Personalized ventilation systems for

certain high-risk tasks.

(X) Portable, free-standing high-efficiency

particulate air filters.

(XI) Ionization technology.

(XII) Ozonation.

department may award a grant to a long-term care

facility in accordance with this subparagraph, which

may not exceed $15,000.

(D) The department shall ensure that grants

under this subparagraph are made available to all

geographic areas of this Commonwealth.

(E) Grants may be awarded to any of the

following long-term care facilities:

(I) A long-term care nursing facility as

defined in section 802.1 of the act of July 19,

1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

(II) An assisted living residence as defined

in section 1001 of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services

Code.

(III) A personal care home as defined in

section 1001 of the Human Services Code.

(iii) The sum of $30,000,000 for the purpose of

making payments to assisted living residences and

personal care homes, which shall be allocated as follows:

(A) Of the amount under this subparagraph,

2021/90PWK/HB1348A02140 - 12 -

$27,000,000 shall be distributed as a one-time

payment to each assisted living residence and

personal care home, which shall be determined as

follows:

(I) Divide:

(a) the occupancy of the assisted living

residence or personal care home, as

determined by the Department of Human

Services' most recent inspection on or before

April 1, 2020; by

(b) the total occupancy of all assisted

living residences, including those with a

special care designation, and personal care

homes, as determined by the Department of

Human Services' most recent inspections on or

before April 1, 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $27,000,000.

(B) Of the amount under this subparagraph,

$3,000,000 shall be distributed as a one-time payment

to each personal care home, which shall be determined

as follows:

(I) Divide:

(a) the personal care facility's number

of individuals for whom the facility received

a payment from the Department of Human

Services for supplemental security income in

March 2020; by

(b) the total of all personal care

facilities' individuals for whom payments for

supplemental security income were made by the

Department of Human Services in March 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $3,000,000.

(11) The following apply:

* * *

(iii) A payment received under this section may only

be used to cover necessary COVID-19 related costs,

including, but not limited to, a cost:

(A) not otherwise reimbursed by Federal, State

or other source of funding; and

(B) incurred during the period [between]

beginning March 1, 2020, and [November 30, 2020.]

ending December 31, 2021.

funds returned and appropriated under section 111-

C(d.1).

(12) The following apply to an eligible person or entity

receiving a payment under paragraph (10.1):

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(i) An eligible person or entity receiving a payment

under this section must be in operation as of June 1,

2021.

(ii) A person or entity receiving a payment shall

provide documentation to the Department of Human

Services, in a format prescribed by the department, for

purposes of an audit review.

(iii) A payment received may not otherwise be

reimbursed by a Federal, State or other source of

funding.

(iv) A payment received shall be obligated by

December 31, 2024, and spent by December 31, 2026.

Section 5. Article I-C of the act is amended by adding a

subarticle to read:

SUBARTICLE M

PENNSYLVANIA HOUSING FINANCE AGENCY

Section 194-C. Construction Cost Relief Program.

(a) Establishment.--The Construction Cost Relief Program is

established in the agency to support the production of

developments by addressing financial deficiencies directly

attributable to the effects of the COVID-19 Pandemic. Money

appropriated to the agency for COVID Relief - ARPA -

Construction Cost Relief, shall be used to make awards under the

program under this section.

(b) Eligibility.--A development which meets all of the

following shall be eligible for an award under this section:

(1) Has received a conditional allocation from the

agency of low-income housing tax credits under section 42 of

the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 42) during the 2019, 2020 or 2021 application

cycles.

(2) Has not, as of the effective date of this section,

received a certificate of occupancy for each unit within the

development.

(3) Has experienced a cost increase related to

construction material pricing or has experienced a loss in

equity investment as a direct result of conditions arising

due to effects of the COVID-19 pandemic, which further

jeopardized completion of the project.

eligible development an application that requires information,

as determined necessary by the agency, to verify the need of the

development and to determine the extent to which the awards

should be awarded, while ensuring that the development remains

in compliance with the Low-Income Housing Tax Credit program.

(d) Determination.--

(1) Upon a determination of eligibility for money from

the fund, the agency shall provide the development with a

letter of commitment indicating the conditional award amount.

(2) The agency shall use the same closing process and

terms for an award of money from the fund as is used for an

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award from the Pennsylvania Housing Affordability and

Rehabilitation Enhancement Program for a low-income housing

tax credit recipient development.

(e) Limitation.--Money appropriated for the program under

this section may not be used to supplant other agency-committed

resources except if the development risks noncompliance with the

Low-Income Housing Tax Credit program.

(f) 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:

"Agency." The Pennsylvania Housing Finance Agency.

"Development." An affordable multi-family rental

development.

Section 6. Sections 102-D(b), 103-D(a)(7.1) and (8) and 105-

D of the act, added February 5, 2021 (P.L.1, No.1), are amended

to read:

Section 102-D. Rental and Utility Assistance Grant Program.

* * *

(b) County.--Each county is eligible to participate in the

program. The following shall apply:

(1) Grant funds received by a county under this article

shall be used for the provision of services under subsection

(a). To the extent permitted by Federal law, associated

administrative costs and housing stability services shall not

exceed 9.09% of the amount of the grant funds. [Not more than

5% of the grant funds shall be utilized to cover the costs of

administering the program.]

(2) A county may not use the grant funds received as the

non-State match for other State funds, programs or grants.

(3) Counties that participate in the Human Services

Block Grant Program under Article XIV-B of the act of June

13, 1967 (P.L.31, No.21), known as the Human Services Code,

must use the funds for eligible services under this article.

(4) A county is prohibited from placing any

stipulations, restrictions or limitations on assistance or

eligibility that are in addition to Federal law or guidance

or this article.

* * *

Section 103-D. Department.

(a) Powers and duties.--The department shall have the power

and duty to:

* * *

(7.1) [prepare] Prepare a monthly consolidated report

with information from all counties submitted under section

104-D(4) and shall submit the report on a monthly basis 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. The report shall also be posted

and maintained on the department's publicly accessible

Internet website.

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(8) By [March 31, 2022,] December 20, 2022, or 90 days

after any updated Federal deadline for the use of funds for

emergency rental assistance under the Consolidated

Appropriations Act, 2021 (Public Law 116-260, 134 Stat.

1182), whichever is later, issue a report 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

and shall post the report to the department's publicly

accessible Internet website. The report shall include the

following information:

(i) The total amount of funds received by a county.

(ii) The total amount of funds spent by a county for

services under section 102-D(a).

(iii) The total amount of excess funding or

shortfall identified by a county as of [December 31,

2021.] September 20, 2022, or as of any updated Federal

deadline for the use of funds for emergency rental

assistance under the Consolidated Appropriations Act,

2021, whichever is later.

(iv) The total number of households that applied for

assistance.

(v) The total number of households that received

assistance.

(vi) The total amount of funding sought by services

under section 102-D(a).

(vii) The total amount of assistance provided by

services under section 102-D(a).

(viii) An itemization of all expenditures for

administrative costs.

* * *

Section 105-D. Reallocation of grants.

(a) Obligated funds.--Counties must certify to the

department by July 31, 2021:

(1) [Whether the county has obligated 65%] The

percentage of its grant funds obligated under section 102-

D(c).

(2) (i) The amount of funding that is expected to be

obligated for the period August 1, 2021, through

[December 31, 2021, along with] September 20, 2022, or as

of any updated Federal deadline for the use of funds for

emergency rental assistance under the Consolidated

Appropriations Act, 2021 (Public Law 116-260, 134 Stat.

1182) , whichever is later; and

(ii) projections of any excess funding or a funding

shortfall through [December 31, 2021.] September 20,

2022, or as of any updated Federal deadline for the use

of funds for emergency rental assistance under the

Consolidated Appropriations Act, 2021, whichever is

later.

(b) Time.--If the [county certifies] department determines

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that excess funds will remain on [December 31, 2021, beginning

August 15, 2021,] September 20, 2022, or as of any updated

Federal deadline for the use of funds for emergency rental

assistance under the Consolidated Appropriations Act, 2021,

whichever is later, the department may recoup and reallocate

excess funding to other counties that have demonstrated a

funding shortfall. Any funding shall be reallocated by the

department according to the reallocation methodology under

section 103-D(a)(7).

additional allocation under the Consolidated Appropriations Act,

2021, as a result of other states not having met their threshold

under Federal law, the department shall distribute reallocated

funding to counties who have obligated [at least 65%] a

specified percentage of their initial allocation, as determined

by the department, by [July 31, 2021] September 30, 2021,

according to the reallocation methodology under section 103-D(a)

(7) and have certified a shortfall demonstrating additional need

under subsection (a)(2).

Section 7. The act is amended by adding articles to read:

ARTICLE I-E

AMERICAN RESCUE PLAN RENTAL AND

UTILITY ASSISTANCE GRANT PROGRAM

Section 101-E. 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:

"American Rescue Plan." American Rescue Plan Act of 2021

(Public Law 117-2, 135 Stat. 4).

"Department." The Department of Human Services of the

Commonwealth.

"Program." The American Rescue Plan Rental and Utility

Assistance Grant Program established under section 102-E.

"Utilities." Includes separately stated electricity, gas,

water and sewer, trash removal and energy costs, such as fuel

oil. Telecommunications services, such as telephone and cable,

delivered to the rental dwelling are not considered to be

utilities.

Section 102-E. American Rescue Plan Rental and Utility

Assistance Grant Program.

(a) Establishment.--The American Rescue Plan Rental and

Utility Assistance Grant Program is established within the

department. The program shall provide the following services to

eligible individuals:

(1) Rental assistance, including the following:

(i) Rent.

(ii) Rental arrears.

(iii) Utilities and home energy costs.

(iv) Utilities and home energy cost arrears.

(v) Other expenses related to housing to the extent

permitted by Federal law and guidance.

2021/90PWK/HB1348A02140 - 17 -

(2) Housing stability services, including case

management and other services intended to keep households

stably housed.

(b) County.--Each county is eligible to participate in the

program. The following shall apply:

(1) Grant funds received by a county under this article

shall be used for the provision of services under subsection

(a). To the extent permitted by Federal law or guidance, the

following shall apply:

(i) No more than 10% of funds may be used to provide

housing stability services.

(ii) Associated administrative costs, including

costs related to eligibility determination of applicants,

may not exceed 15% of the total amount of grant funds.

(2) A county may not use the grant funds received as the

non-State match for other State funds, programs or grants.

(3) Counties that participate in the Human Services

Block Grant Program under Article XIV-B of the act of June

13, 1967 (P.L.31, No.21), known as the Human Services Code,

must use the funds for eligible services under this article.

(4) A county is prohibited from placing any

stipulations, restrictions or limitations on assistance or

eligibility that are in addition to Federal law or guidance

or this article.

grant funds shall be distributed as follows:

(1) From money appropriated for the program, each county

shall receive an amount equal to the population proportion

amount as determined by paragraphs (3) and (4). For purposes

of this paragraph, a county's population shall be equal to

the published estimate by the United States Census Bureau

Population Estimates Program for calendar year 2019.

(2) The department shall distribute funding to counties

30 days after the effective date of this section.

(3) For the purposes of this subsection, the population

proportion shall be determined as follows:

(i) the population estimate of the county; divided

(ii) the sum of the population estimates of all

counties.

(4) Counties shall receive a disbursement in an amount

necessary so that the total disbursement to a county is

determined as follows:

(i) Add:

(A) the amount of money received by the

Commonwealth from the Federal Government for

emergency rental assistance under the American Rescue

Plan Act, 2021; and

(B) the amount of money paid directly by the

Federal Government to counties for emergency rental

assistance the American Rescue Plan Act, 2021.

2021/90PWK/HB1348A02140 - 18 -

(ii) Multiply:

(A) the county's population proportion; and

(B) the sum under subparagraph (i).

(5) An amount equal to a disbursement received by a

county directly from the Federal Government for rental

assistance through the American Rescue Plan Act shall be

deducted from the amount calculated under paragraph (4).

(6) Grant funds received by the Commonwealth under

section 3201(b)(3) of the American Rescue Plan shall be

distributed and used for low-income, high-needs households in

accordance with Federal law or guidance.

(d) Human Services Block Grant Program.--Money received by a

county under the program may not be included in the calculation

of the allocation of funds under the Human Services Block Grant

Program under section 1405-B of the Human Services Code.

(e) Reduction of obligations.--The following shall apply:

(1) Any payments received by the landlord, a utility

service provider or a payee from a payment made under this

section shall be used to reduce the amount of the tenant's

obligation to the landlord, utility service provider or a

payee.

(2) A landlord or utility service provider shall not be

required to waive any outstanding obligations for rent or

utility payments as a condition to participate in the

program.

(3) Except as provided under Federal law or guidance or

paragraph (4), amounts provided for rent, rental arrears,

utilities and home energy costs, utility and home energy cost

arrears and other expenses related to housing shall be made

to the lessor, utility or payee on behalf of an applicant.

(4) If a landlord or utility service provider refuses to

participate in or cooperate with the program, payment may be

made directly to an individual in accordance with Federal law

or guidance. A payment received by an individual must be

forwarded to the landlord, utility service provider or payee

to reduce the tenant's obligation.

(f) Transfer prohibited.--The department shall use funding

from the program only for the purpose of services provided under

subsection (a) provided for under the American Rescue Plan. The

funding may not be transferred to other programs within the

department.

(g) Eligibility.--To the extent permitted by Federal law or

guidance, an applicant may self-certify income eligibility for

the program.

Section 103-E. Department.

The department shall have the power and duty to:

(1) Implement and administer the program in accordance

with Federal law or guidance. The department shall compile

and transmit any information necessary to implement the

program and comply with programmatic and eligibility

requirements under Federal law and Federal guidance. The

2021/90PWK/HB1348A02140 - 19 -

department is prohibited from placing any additional

stipulations on counties that are not in accordance with

Federal law or guidance or this article. If a county fails to

participate in the program or if funds are not expended

within the time requirements of this article, the department

may administer the services of the program.

(2) Monitor county governments' administration of the

grant to ensure compliance with Federal and State

requirements.

(3) Allocate and disburse grant funds to counties.

(4) Require counties to submit reports containing

information required by the department and as necessary for

compliance with the American Rescue Plan in the form and by

the deadline prescribed by the department.

(5) Monitor, inspect or audit the financial, operating

and accounting records of a county agency or contracted

entity that receives grant funds, if deemed necessary by the

department.

(6) Withhold, recover or reduce grant funds of a county

agency or contracted entity determined to have administered

the program in violation of Federal or State requirements.

(7) Recoup and reallocate unobligated grant funds as

identified by the county, a county agency or a contracted

entity.

(7.1) Prepare a quarterly consolidated report with

information from all counties submitted under section 104-

E(4) and shall submit the report on a quarterly basis 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. The report shall also be posted and

maintained on the department's publicly accessible Internet

website.

(8) Ninety days after December 31, 2025, or any updated

Federal deadline for the use of funds for emergency rental

assistance under the American Rescue Plan, whichever is

later, issue a report 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 and

shall post the report to the department's publicly accessible

Internet website. The report shall include the following

information:

(i) The total amount of funds received by a county.

(ii) The total amount of funds spent by a county for

services under section 102-E(a).

(iii) The total number of households that applied

for assistance.

(iv) The total number of households that received

assistance.

(v) The total amount of funding sought by services

2021/90PWK/HB1348A02140 - 20 -

under section 102-E(a).

(vi) The total amount of assistance provided by

services under section 102-E(a).

(vii) An itemization of all expenditures for

administrative costs.

Section 104-E. Counties.

The local county officials of each county government

participating in the program shall have the power and duty to:

(1) Administer and disburse grant funds for the

provision of assistance and housing stability services in

accordance with this article, information from the department

and Federal law or guidance.

(2) Establish or maintain, in agreement with another

county, local collaborative arrangements for the delivery of

assistance and housing stability services under this article.

(3) Determine and redetermine, in accordance with the

information provided by the department, whether a person is

eligible to participate in the program, subject to appeal

under 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and

procedure of local agencies).

(4) Submit monthly reports, which shall include

identified excess or insufficient funding and an itemization

of expenditures for administrative costs. The reports shall

be subject to audit as determined by the department.

(5) A county is prohibited from placing any

stipulations, restrictions or limitations on assistance or

eligibility that are in addition to this article, Federal law

or Federal guidance.

Section 105-E. Reallocation of grants.

(a) Obligated funds.--Counties must certify to the

department by January 1, 2022, and as frequently thereafter as

determined by the department:

(1) The percentage of its grant funds obligated under

section 102-E(c).

(2) The projection of any excess funding or fund

shortfalls.

(b) Additional allocation.--If the Commonwealth receives an

additional allocation under the American Rescue Plan as a result

of other states not having met their threshold under Federal

law, the department shall distribute additional funding in

accordance with Federal law or guidance or this article.

ARTICLE I-F

HOMEOWNERS ASSISTANCE GRANT PROGRAM

Section 101-F. 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:

"Agency." The Pennsylvania Housing Finance Agency.

"American Rescue Plan." American Rescue Plan Act of 2021

(Public Law 117-2, 135 Stat. 4).

"Fees." Includes homeowner's association fees, condominium

2021/90PWK/HB1348A02140 - 21 -

association fees and common charges, including liens related to

those fees.

"Insurance." Includes homeowner's insurance, flood insurance

and mortgage insurance.

"Program." The Homeowners Assistance Grant Program

established under section 102-F.

"Utilities." Includes electricity, gas, home energy and

water.

Section 102-F. Homeowners Assistance Grant Program.

(a) Establishment.--The Homeowners Assistance Grant Program

is established within the agency. The program shall provide the

following services to eligible individuals:

(1) Mortgage payment assistance.

(2) Financial assistance to allow a homeowner to

reinstate a mortgage or to pay other housing related costs

related to a period of forbearance, delinquency or default.

(3) Principal reduction.

(4) Facilitating interest rate reductions.

(5) Payment assistance, including:

(i) Utilities.

(ii) Internet service, including broadband internet

access service.

(iii) Insurance.

(iv) Fees.

(6) Any other assistance to promote housing stability

for homeowners, including preventing mortgage delinquency,

default, foreclosure, postforeclosure eviction or ejectment

of a homeowner, or the loss of utility or home energy

services, to the extent permitted by Federal law or guidance.

(7) Any other housing related purpose allowed by Federal

law or guidance.

(b) Administration.--The agency shall administer the

program. The following shall apply:

(1) Grant funds received by the agency under this

article shall be used for the provision of services under

subsection (a). To the extent permitted by Federal law or

guidance, associated administrative expenses shall not exceed

10%.

(2) The agency may contract with municipalities, housing

counseling agencies and other community-based organizations

to assist with outreach to potentially eligible individuals

and take applications for assistance under the program.

the program only for the purpose of services provided under

subsection (a) or as provided through the American Rescue Plan

and United States Department of the Treasury guidance.

Section 103-F. Agency.

The agency shall have the power and duty to:

(1) In conjunction with the Secretary of the Budget,

submit a plan regarding the use of the Commonwealth's share

of the Homeowner Assistance Fund authorized under section

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3206 of the American Rescue Plan to the United States

Department of the Treasury by September 30, 2021 or 90 days

after any updated Federal deadline for the submission of a

plan for Homeowner Assistance under the American Rescue Plan,

whichever is later . No later than August 31, 2021, or 60 days

after any updated Federal deadline for the submission of a

plan for Homeowner Assistance under the American Rescue Plan,

whichever is later, the agency shall transmit a copy of the

plan to the President pro tempore, the Majority Leader and

Minority Leader of the Senate, the chairperson and minority

chairperson of the Appropriations Committee of the Senate,

the chairperson and minority chairperson of the Housing and

Urban Affairs Committee of the Senate, the Speaker of the

House of Representatives, the Majority Leader and Minority

Leader of the House of Representatives, the chairperson and

minority chairperson of the Appropriation Committee of the

House of Representatives and the chairperson and minority

chairperson of the Urban Affairs Committee of the House of

Representatives. The plan shall also be posted on the

agency's publicly accessible Internet website.

(2) The plan under paragraph (1) shall include the

following:

(i) Homeowner needs and engagement, including data-

driven assessment of homeowner needs and evidence of

public participation and community engagement.

(ii) Program design, including program description,

methods for targeting funding, best practices and

coordination with other participants.

(iii) Performance goals.

(iv) Readiness, including staffing and systems,

contracts and partnerships and existing and pilot

programs.

(v) Budget.

(3) Implement and administer the program in accordance

with Federal law and Federal guidance. The agency shall

compile and transmit any information necessary to implement

the program and comply with programmatic and eligibility

requirements under Federal law and Federal guidance. The

agency is prohibited from placing any additional stipulations

on funding that are in addition to this article, Federal law

or Federal guidance.

(4) In the agency's discretion, utilize money

appropriated prior to the submission of the plan for a pilot

program. If the agency utilizes funds for a pilot program the

pilot program shall comply with the provisions of this

article.

(5) Allocate and disburse grants to eligible

individuals.

(6) Ensure that assistance under this article is made

available to all geographic areas of this Commonwealth.

(7) Prepare and submit quarterly reports, in accordance

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with Federal reporting timelines, to the chairperson and

minority chairperson of the Appropriations Committee of the

Senate, the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives, the

Urban Affairs and Housing Committee of the Senate and the

Urban Affairs Committee of the House of Representatives. The

report shall also be posted and maintained on the

department's publicly accessible Internet website and shall

include:

(i) The total amount of funds expended for the

quarter.

(ii) The total amount of funds expended since the

program began.

(iii) The amount of funding remaining.

(iv) The total amount of funds expended for

administrative expenses for the quarter.

(v) The total amount of funds expended for

administrative expenses since the program began.

(vi) The total number of individuals who applied for

assistance, including a breakdown based on the gender,

race, county and income of the applicant.

(vii) The total number of applications reviewed for

the quarter, including a breakdown based on the gender,

race, county and income of the applicant.

(viii) The total number of applications reviewed

since the program began, including a breakdown based on

the gender, race, county and income of the applicant.

(ix) The total number of applications approved for

the quarter, including a breakdown based on the gender,

race, county and income of the applicant.

(x) The total number of applications approved since

the program began, including a breakdown based on the

gender, race, county and income of the applicant.

(xi) The total number of applications rejected and,

if available, the reason for rejection for the quarter,

including a breakdown based on the gender, race, county

and income of the applicant.

(xii) The total number of applications rejected and,

if available, the reason for rejection since the program

began, including a breakdown based on the gender, race,

county and income of the applicant.

(8) The agency shall appear in person before the Urban

Affairs and Housing Committee of the Senate and the Urban

Affairs Committee of the House of Representatives on a

quarterly basis to discuss the report submitted under

paragraph (7).

(9) The agency shall appear in person before the

Appropriations Committee of the Senate and the Appropriations

Committee of the House of Representatives upon request to

discuss the report submitted under paragraph (7).

(10) By September 30, 2025, issue a report with final

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information on the program 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 and

post the report to the agency's publicly accessible Internet

website. The report shall include all of the information

required under paragraph (7).

ARTICLE I-G

WATER ASSISTANCE PROGRAM

Section 101-G. 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:

"American Rescue Plan." American Rescue Plan of 2021 (Public

Law 117-2, 135 Stat. 4).

"Department." The Department of Human Services.

"PENNVEST." The Pennsylvania Infrastructure Investment

Authority established under the act of March 1, 1988 (P.L.82,

No.16), known as the Pennsylvania Infrastructure Investment

Authority Act.

Section 102-G. Water Assistance Program.

(a) Establishment.--The Water Assistance Program is

established within the department to provide water assistance to

eligible individuals under the Consolidated Appropriations Act,

2021 (Public Law 116-260, 134 Stat. 1182) and the American

Rescue Plan. The department shall administer this program to the

extent Federal funds are appropriated.

(b) Powers and duties.--The department shall have the power

and duty to:

(1) Implement and administer the program, in

consultation with the Department of Environmental Protection

and PENNVEST, in accordance with the requirements established

under the Consolidated Appropriations Act, 2021, the American

Rescue Plan and other applicable Federal law, requirements or

guidance provided by the Federal Administering Agency.

(2) Prepare and submit quarterly reports 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. The report shall be posted and maintained on

the department's publicly accessible Internet website and

shall include:

(i) The total amount of funds expended for the

quarter.

(ii) The total amount of funds expended since the

program began.

(iii) The amount of funding remaining.

(iv) The total amount of funds expended for

administrative expenses for the quarter.

(v) The total amount of funds expended for

administrative expenses since the program began.

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(vi) The total number of individuals who applied for

assistance, including a breakdown based on the gender,

race, county and income of the individual.

(vii) The total number of applications reviewed for

the quarter, including a breakdown based on the gender,

race, county and income of the individual.

(viii) The total number of applications reviewed

since the program began, including a breakdown based on

the gender, race, county and income of the individual.

(ix) The total number of applications approved for

the quarter, including a breakdown based on the gender,

race, county and income of the individual.

(x) The total number of applications approved since

the program began, including a breakdown based on the

gender, race, county and income of the individual.

(xi) The total number of applications rejected and,

if available, the reason for rejection for the quarter,

including a breakdown based on the gender, race, county

and income of the individual.

(xii) The total number of applications rejected and,

if available, the reason for rejection since the program

began, including a breakdown based on the gender, race,

county and income of the individual.

(3) Issue a report with final information on the program

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 and post the report on the

agency's publicly accessible Internet website. The department

shall issue the report 90 days after any Federal deadline for

the use of funds for water assistance under the Consolidated

Appropriations Act, 2021 (Public Law 116-260, 134 Stat. 1182)

and the American Rescue Plan. The report shall include all of

the information required under paragraph (2).

(4) Ensure that assistance under this article is made

available to all geographic areas of this Commonwealth.

ARTICLE I-H

CHILD CARE STABILIZATION PROGRAM

Section 101-H. Scope of article.

This article relates to the Child Care Stabilization Program.

Section 102-H. 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:

"Department." The Department of Human Services of the

Commonwealth.

"Program." The Child Care Stabilization Program established

under this article.

"Qualified child-care provider." Either of the following:

(1) A child-care provider certified under 55 Pa. Code

Chs. 3270 (relating to child day care centers), 3280

2021/90PWK/HB1348A02140 - 26 -

(relating to group child day care homes) or 3290 (relating to

family child care homes) as of March 11, 2021, and that meets

either of the following:

(i) Is open and available to provide child care

services on the date an application is submitted for

program funding.

(ii) On the date of application for program funding,

is temporarily closed due to public health, financial

hardship or other reasons relating to the COVID-19

pandemic.

(2) A relative provider participating in subsidized

child care as of March 11, 2021.

"Relative provider." A provider exempt from certification

under 55 Pa. Code Chs. 3270, 3280 and 3290.

Section 103-H. Child Care Stabilization Program.

(a) Establishment.--The Child Care Stabilization Program is

established within the department.

(b) Applications.--The department shall develop an

application for qualified child-care providers to apply for

program funding under this section. The application shall be

made available and posted on the department's publicly

accessible Internet website. The department shall accept and

process applications on a rolling basis until either funding for

the program has been exhausted, or the Federal deadline for the

use of child care stabilization funds under the American Rescue

Plan Act of 2021 (Public Law 117-2, 135 Stat. 4), whichever

occurs first. The department shall approve or deny an

application no later than 30 days after the receipt of the

application.

methodology for determining the operating costs of qualified

child-care providers that is allowable under Federal law and

Federal guidance. Funding under the program shall, to the extent

practicable, cover sufficient operating expenses to ensure

continuous operations for the intended period of the funding.

(d) Infant and toddler supplemental payment.--The department

shall provide additional funds to qualified child-care providers

serving infants or toddlers.

(e) Distribution of funds.--In accordance with Federal law

or guidance, the department may not require qualified child-care

providers to incur expenses to receive funding under the

program. Qualified child-care providers may use funding to

reimburse expenses incurred since January 31, 2020. The

department shall distribute program funding to qualified child-

care providers within 30 days of an application being approved.

(f) Eligible uses of funding.--Program funding shall be in

accordance with Federal law and guidance and may include the

following:

(1) Personnel costs, including payroll and salaries or

similar compensation for an employee, including a sole

proprietor or independent contractor, employee benefits,

2021/90PWK/HB1348A02140 - 27 -

premium pay or costs for employee recruitment and retention.

(2) Rent or payment on a mortgage obligation, utilities,

facilities maintenance or improvements and insurance.

(3) Personal protective equipment, cleaning and

sanitation supplies and services and health and safety

practices.

(4) Purchases of or updates to equipment and supplies to

respond to the COVID-19 pandemic.

(5) Goods or services necessary to maintain or resume

child-care services.

(6) Mental health supports for children and employees.

Section 104-H. Power and duties of department.

(a) General rule.--The department shall have the power and

duty to:

(1) Implement and administer the program in accordance

with Federal law or guidance. The department shall compile

and transmit information necessary to implement the program

and comply with programmatic and eligibility requirements

under Federal law or guidance.

(2) Allocate and disburse program funds to qualified

child-care providers.

(3) Require qualified child-care providers to submit

reports containing information required for compliance with

Federal law or guidance, in the form and by the deadline

prescribed by the department. The department may not subject

qualified child-care providers to additional reporting that

is not required by Federal law guidance, State law or this

article.

(4) Monitor, inspect or audit the financial, operating

and accounting records of a qualified child-care provider

that receives program funding, if deemed necessary by the

department.

(5) Withhold, recover or reduce program funding of a

qualified child-care provider determined to have administered

the program in violation of Federal or State requirements.

(6) By December 11, 2021, issue a report 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 on the percentage of money that has been

obligated for the program. If the percentage is below 50%, an

analysis must be provided on how the department can achieve

the spending deadlines in Federal law or Federal guidance.

(7) By April 1, 2022, issue a report 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

on the amount of money remaining for the program and if the

remaining money cannot be obligated by September 30, 2022.

(8) By December 31, 2023, issue a report to the

chairperson and minority chairperson of the Appropriations

2021/90PWK/HB1348A02140 - 28 -

Committee of the Senate and the chairperson and minority

chairperson of the Appropriations Committee of the House of

Representatives and post the report to the department's

publicly accessible Internet website. The report shall

include the following information:

(i) The total number of applications received by the

department.

(ii) The total amount of qualified child-care

providers that received funding.

(iii) The qualified child-care providers that

received funding by county.

(iv) The number of qualified child-care providers

that received funding and were open at the time of their

application.

(v) The number of qualified child-care providers

that received funding and were temporarily closed at the

time of their application.

(vi) The total amount of program funding spent.

(vii) If program funding could not be spent, the

amount of unspent money and a description as to why all

of the program funding was not spent.

(viii) A description on the use of program funding.

(ix) An itemization of the department's expenditures

for administrative costs on the program.

(b) Costs.--To the extent permitted by Federal law, the

department may utilize an amount not to exceed 10% of the amount

appropriated to cover the costs associated with the

administration of the program.

Section 105-H. Distribution of funding.

From money appropriated for COVID Relief-ARPA-Child Care

Stabilization Grant Program, $728,864,000 shall be distributed

by the department for the purposes under this article.

Section 8. Section 731 of the act is amended to read:

Section 731. Confidential Information.--[Any] Except as

provided by law, any information gained by any administrative

department, board, or commission, as a result of any returns,

reports, correspondence, claims, investigations, hearings,

certifications or verifications required or authorized under the

statutes of the Commonwealth imposing taxes or bonus for State

purposes, or providing for the collection of the same, providing

for credits as administered by the Department of Revenue

independently or in conjunction with other agencies or revenue

transfers to improvement or economic development zones shall be

confidential except for official purposes, and except that such

information may be given to any other state or to the Government

of the United States, where such state or the United States by

law authorizes the furnishing of similar information to the

Commonwealth of Pennsylvania. Any person or agent divulging such

information shall be deemed guilty of a misdemeanor, and, upon

conviction thereof shall be sentenced to pay a fine not in

excess of five hundred dollars ($500.00), or to undergo

2021/90PWK/HB1348A02140 - 29 -

imprisonment for not more than three (3) years, or both, in the

discretion of the court.

For purposes of this section, information regarding [refunds

or credits and the names of] the amounts of refunds or credits

and the identity of the persons or corporations entitled

thereto, which is available for public inspection under the

provisions of this act, shall not be deemed confidential.

Section 9. Section 1601.2-E(e) of the act, amended May 29,

2020 (P.L.158, No.23), is amended to read:

Section 1601.2-E. Oil and Gas Lease Fund.

* * *

(e) Annual transfers.--The following apply:

(1) (i) Except as provided under subparagraph (ii), for

the 2017-2018 fiscal year and each fiscal year

thereafter, $20,000,000 shall be transferred from the

fund to the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund.

(ii) No amount shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund for the 2019-2020 [and],

2020-2021 and 2021-2022 fiscal year.

(2) For the 2017-2018 fiscal year and each fiscal year

thereafter, $15,000,000 shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the Hazardous

Sites Cleanup Fund.

Section 10. The act is amended by adding articles to read:

ARTICLE XVI-P

ANGEL INVESTMENT VENTURE CAPITAL PROGRAM

Section 1601-P. Short title.

This article shall be known and may be cited as the Angel

Investment Venture Capital Program Act.

Section 1602-P. 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:

"Account." The Angel Investment Venture Capital Account

established under section 1604-P.

"Angel investor." A person or entity whose purpose is to

make investments in companies.

"Eligible applicant." An angel investor or a qualified

business venture.

"Office." The Executive Offices of the Governor.

"Program." The Angel Investment Venture Capital Program

established under section 1603-P.

"Qualified business venture." A business that:

(1) Is primarily focused on commercialization of

research and development, technology transfers or the

application of new technology, or if not engaged in those

industries, the office makes a determination that the

qualified investment will be highly beneficial to the

economic growth of this Commonwealth.

2021/90PWK/HB1348A02140 - 30 -

(2) Has at least 51% of its employees employed in this

Commonwealth at the time the qualified business venture

applies for a qualified investment.

(3) Has fewer than 100 employees at the time the

qualified business venture applies for a qualified

investment.

(4) Has been in operation in this Commonwealth for not

more than five consecutive years at the time the qualified

business venture applies for a qualified investment.

(5) Has not received more than $2,000,000, in the

aggregate, in private equity investments of which not more

than $1,000,000 was invested by a single investor.

(6) Is not engaged in a business involving the

following:

(i) Real estate.

(ii) Real estate development.

(iii) Insurance.

(iv) Professional services provided by an

accountant, a lawyer or a physician.

(v) Retail sales, except when the primary purpose of

the business is the development or support of electronic

commerce using the Internet.

"Qualified investment." A payment of money or its equivalent

for a private equity interest in a qualified business venture.

Section 1603-P. Establishment.

The Angel Investment Venture Capital Program is established

as a grant program within the office. The program shall:

(1) Create a business environment that attracts and

encourages early-stage financing for businesses with the

potential for high growth.

(2) Increase capital investment.

(3) Encourage job creation.

Section 1604-P. Angel Investment Venture Capital Account.

The Angel Investment Venture Capital Account is established

as a restricted account within the General Fund. Money

transferred under section 1605-P shall be deposited into the

account. All money in the account shall be used by the office

for the purpose of making grants under this article.

Section 1605-P. Transfer from the Commonwealth Financing

Authority.

In fiscal year 2021-2022, $5,000,000 from the trust account

established under 64 Pa.C.S. § 1541 (related to trust accounts)

for the Building Pennsylvania Program shall be transferred to

the Angel Investment Venture Capital Account and made available

for distribution in accordance with this article, subject to the

provisions of any pledge to or agreement made by the

Commonwealth Financing Authority with or for the benefit of

obligees of the authority.

Section 1606-P. Applications.

(a) Application for angel investor.--An angel investor may

submit an application to the office requesting a grant agreement

2021/90PWK/HB1348A02140 - 31 -

related to a qualified investment to be made in a qualified

business venture. The application shall be on a form prescribed

by the office.

(b) Application for qualified business venture.--A qualified

business venture may submit an application to the office

requesting a qualified investment. The application shall be on a

form prescribed by the office.

submitted under this section to determine the suitability of the

eligible applicant.

(d) Approval.--Upon being satisfied under subsection (c),

the office shall approve the applications and award a grant for

making a qualified investment in a qualified business venture.

(e) Notification.--The office shall notify the angel

investor and the qualified business venture of the amount of the

grant to be invested within 30 days after approval by the office

and execute a grant agreement with the angel investor.

Section 1607-P. Limitation.

The total amount of grants awarded under section 1606-P(d)

shall not exceed the amount transferred under section 1605-P.

Section 1608-P. Annual report.

(a) Report.--The office shall provide an annual report,

which shall include, but not be limited to:

(1) A list of all grants approved during the previous

fiscal year.

(2) The name and address of each recipient, including

the name of a contact person of the recipient.

(3) The amount of the grant and a detailed description

of the project for which the grant was awarded.

(b) Submission of report.--The report required under

subsection (a) shall be submitted 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 by

October 1, 2022. The report shall also be posted and maintained

on the office's publicly accessible Internet website.

ARTICLE XVI-Q

TRANSPORTATION PILOT PROGRAMS

Section 1601-Q. Electric low-speed scooter pilot program.

(a) Requirement.--An electric low-speed scooter may only be

operated on a pedalcycle lane on a roadway, a roadway or a

pedalcycle path within the boundaries of a city of the second

class where an executive order has been issued authorizing the

operation of electric low-speed scooters under a micro-mobility

pilot project as provided under subsection (b). Other places to

operate an electric low-speed scooter within the boundaries of

the city may be authorized by executive order, in consultation

with the property owner.

(b) Micro-mobility pilot project.--An executive order may be

issued in a city of the second class which authorizes the use of

electric low-speed scooters under a micro-mobility pilot project

2021/90PWK/HB1348A02140 - 32 -

to commence in the city and which provides a limited fleet of

electric low-speed scooters, as determined by the city, within

the boundaries of the city.

operating an electric low-speed scooter authorized under

subsection (a) shall be granted all of the rights and shall be

subject to all of the duties applicable to the operator of a

pedalcycle under this 75 Pa.C.S. Ch. 35 Subch. A (relating to

operation of pedalcycles).

(d) Age requirement.--The following shall apply:

(1) No individual under 16 years of age may operate an

electric low-speed scooter on a roadway unless permitted by

local ordinance.

(2) No commercial electric scooter enterprise may rent

an electric low-speed scooter to an individual under 16 years

of age.

(e) Speed requirement.--No individual may operate an

electric low-speed scooter on a pedalcycle lane on a highway, a

roadway or a pedalcycle path at a speed greater than 15 miles

per hour.

(f) Lamps and reflectors.--Every electric low-speed scooter

when operated between sunset and sunrise shall be equipped on

the front with a lamp which emits a beam of white light intended

to illuminate the electric low-speed scooter's path and is

visible from a distance of at least 500 feet in front, a red

lamp facing to the rear which is visible at least 500 feet to

the rear and a reflector on each side. A lamp worn by the

operator of the electric low-speed scooter shall comply with the

requirements of this subsection if the lamp can be seen at the

distances specified under this subsection.

(g) Operation prohibited on freeways.--No individual may

operate an electric low-speed scooter on a freeway or on

highways and streets with a posted speed limit of 35 miles per

hour or more.

(h) Powers of department and local authorities.--This

section shall not be deemed to prevent the Department of

Transportation on State-designated highways and local

authorities on streets or highways within the local authority's

physical boundaries from the reasonable exercise of the

department's or the local authority's police powers.

(i) Ordinances, policies and regulations.--Notwithstanding

any other provision of law, a city of the second class may adopt

an ordinance, regulation or policy for the safety, operation and

management of electric low-speed scooters. If an electric low-

speed scooter operates on a roadway owned by the Department of

Transportation, the department shall be consulted prior to the

adoption of the ordinance, policy or regulation.

(j) Presumption.--For the purposes of this section, it is

presumed to be a reasonable exercise of police power to regulate

the use of electric low-speed scooters consistent with the

regulation of pedalcycles under 75 Pa.C.S. Ch. 35 Subch. A.

2021/90PWK/HB1348A02140 - 33 -

(k) Application.--Notwithstanding 75 Pa.C.S. Ch. 11 Subch. A

(relating to certificate of title) or 75 Pa.C.S. Ch. 9 Subch. A

(relating to general provisions), electric low-speed scooters

authorized under this section shall not be required to comply

with certificate of title or vehicle registration requirements

under 75 Pa.C.S. (relating to vehicles).

(l) Construction.--Notwithstanding any other provision of

law to the contrary, an electric low-speed scooter under this

article shall not be construed as a "motor vehicle" as defined

in 75 Pa.C.S. § 102 (relating to definitions).

(m) Report.--A city of the second class, in coordination

with the Department of Transportation, shall prepare a report on

the micro-mobility pilot program 60 days prior to the expiration

of the micro-mobility pilot program. The report shall:

(1) Include the number of rides, the number of

accidents, frequency of use, any ordinance, regulation or

policy adopted under subsection (i) and safety, mobility and

economic impacts.

(2) Be submitted to the chairperson and minority

chairperson of the Transportation Committee of the Senate and

the chairperson and minority chairperson of the

Transportation Committee of the House of Representatives.

(n) Financial responsibility.--A city of the second class

shall require financial responsibility for a commercial electric

scooter enterprise as follows:

(1) A commercial electric scooter enterprise shall

maintain the following insurance that is in effect for the

duration of the micro-mobility pilot project:

(i) commercial general liability insurance coverage

with a limit of at least $2,000,000 each occurrence and

$2,000,000 aggregate;

(ii) automobile insurance coverage with a limit of

at least $1,000,000 each occurrence and $1,000,000

aggregate; and

(iii) when the scooter-share operator employs an

individual, workers' compensation coverage of no less

than required by law.

(2) A commercial electric scooter enterprise shall

provide proof of insurance coverage to the city to satisfy

the requirements of this subsection.

(3) In addition to any fines that may be imposed, the

city may impose a civil penalty on a commercial electric

scooter enterprise that does not provide the insurance

required under this subsection in an amount not to exceed

$1,000 per day the commercial electric scooter enterprise is

operated without providing the required insurance. A civil

penalty collected under this paragraph by the city shall be

used for the safety, operation and management of electric

low-speed scooters or pedalcycles.

(o) Expiration.--This section shall expire two years after

the effective date of this section.

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(p) 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:

"Commercial electric scooter enterprise." A person that

makes electric low-speed scooters available for rent to the

public for use as determined by a city of the second class.

"Electric low-speed scooter." As follows:

(1) A device weighing less than 100 pounds that:

(i) has handlebars and an electric motor;

(ii) has a floorboard which can be stood upon while

riding; and

(iii) is solely powered by the electric motor or

human power, or both.

(2) The term does not include a "pedalcycle with

electric assist," an "electric personal assistive mobility

device," a "motorcycle," a "motorized pedalcycle" or a

"motor-driven cycle" as defined in 75 Pa.C.S. § 102.

"Freeway." As defined in 75 Pa.C.S. § 102.

"Highway." As defined in 75 Pa.C.S. § 102.

"Local authorities." As defined in 75 Pa.C.S. § 102.

"Pedalcycle." As defined in 75 Pa.C.S. § 102.

"Roadway." As defined in 75 Pa.C.S. § 102.

Section 11. Section 1702-A(b)(1) of the act is amended by

adding a subparagraph to read:

Section 1702-A. Funding.

* * *

(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:

* * *

(xii) If the Secretary of the Budget certifies that

there is a surplus in the General Fund for the 2020-2021

fiscal year, 100% of the surplus shall be deposited by

the end of the next succeeding quarter into the Budget

Stabilization Reserve Fund established under section

1701-A.

* * *

Section 12. Section 1732-A of the act is amended to read:

Section 1732-A. Expiration.

This subarticle shall expire [June 30, 2021] December 31,

2025.

Section 13. Section 1712-A.1(a)(2)(ii) of the act, amended

May 29, 2020 (P.L.158, No.23), is amended to read:

Section 1712-A.1. Establishment of special fund and account.

(a) Tobacco Settlement Fund.--

* * *

(2) The following shall be deposited into the Tobacco

Settlement Fund:

* * *

(ii) For fiscal years 2019-2020 [and], 2020-2021 and

2021/90PWK/HB1348A02140 - 35 -

2021-2022, an amount equal to the annual debt service due

in the fiscal year as certified by the Secretary of the

Budget pursuant to section 2804 of the Tax Reform Code of

1971, as published in the Pennsylvania Bulletin on March

3, 2018, at 48 Pa.B. 1406, shall be transferred to the

fund from the taxes collected under Article XII of the

Tax Reform Code of 1971 by April 30 following the

beginning of the fiscal year. A deposit under this

paragraph shall occur prior to the deposits and transfers

under section 1296 of the Tax Reform Code of 1971.

* * *

Section 14. Section 1713-A.1(b)(1) of the act is amended and

the subsection is amended by adding a paragraph to read:

Section 1713-A.1. Use of fund.

* * *

(b) Appropriations.--The following shall apply:

[(1) (Reserved).]

* * *

(1.8) For fiscal year 2021-2022, the General Assembly

shall appropriate money in the fund in accordance with the

following percentages based on the sum of the portion of the

annual payment deposited and the amount deposited under

section 1712-A.1(a)(2)(ii) in the fiscal year:

(i) Four and five-tenths percent for tobacco use

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

(ii) Twelve and six-tenths percent to be allocated

as follows:

(A) Seventy percent to fund research under

section 908 of the Tobacco Settlement Act.

(B) Thirty percent as follows:

(I) One million dollars for spinal cord

injury research programs under section 909.1 of

the Tobacco Settlement Act.

(II) From the amount remaining after the

amount under subclause (I) has been determined:

(a) Seventy-five percent for pediatric

cancer research institutions within this

Commonwealth that are equipped and actively

conducting pediatric cancer research

designated by the Secretary of Health to be

eligible to receive contributions. No more

than $2,500,000 in a fiscal year shall be

made available to any one pediatric cancer

research institution.

(b) Twenty-five percent for capital and

equipment grants to be allocated by the

Department of Health to entities engaging in

biotechnology research, including entities

engaging in regenerative medicine research,

regenerative medicine medical technology

2021/90PWK/HB1348A02140 - 36 -

research, hepatitis and viral research, drug

research and clinical trials related to

cancer, research relating to pulmonary

embolism and deep vein thrombosis, genetic

and molecular research for disease

identification and eradication, vaccine

immune response diagnostics, nanotechnology

research and the commercialization of applied

research.

(iii) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(iv) Eight and eighteen one hundredths percent for

the uncompensated care payment program under Chapter 11

of the Tobacco Settlement Act.

(v) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vi) Forty-three and seventy-two one hundredths

percent shall remain in the fund to be separately

appropriated for health-related purposes.

* * *

Section 15. Section 1723-A.1 of the act, amended May 29,

2020 (P.L.158, No.23), is amended to read:

Section 1723-A.1. Distributions from Pennsylvania Race Horse

Development Fund.

(a) Distributions.--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

2021/90PWK/HB1348A02140 - 37 -

revenues from existing purse agreements to fund purses

for live races consistent with those agreements with the

advice and consent of the horsemen.

(ii) For thoroughbred tracks, 16% shall be deposited

on a monthly basis into the Pennsylvania Breeding Fund.

For standardbred tracks, 8% shall be deposited on a

monthly basis in the Pennsylvania Sire Stakes Fund, 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 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 commission. This amount shall be

deposited within five business days of the end of each

month into a separate account to be established by each

respective horsemen's organization at a banking

institution of its choice. Of this amount, $250,000 shall

be paid annually by the horsemen's organization to the

thoroughbred jockeys or standardbred drivers organization

at the racetrack at which the licensed racing entity

operates for health insurance, life insurance or other

benefits to active and disabled thoroughbred jockeys or

standardbred drivers in accordance with the rules and

eligibility requirements of that organization.

(2) Distributions from the fund shall be allocated as

follows:

(i) For fiscal years 2013-2014 and 2014-2015, each

week, $802,682 in the fund shall be transferred to the

account. This transfer shall not exceed $17,659,000

annually.

(i.1) In addition to the transfer under subparagraph

(i), for a total of 14 weeks from the effective date of

this subparagraph, each week, $300,000 shall be

transferred from the fund, for a total amount of

$4,200,000, to the State Racing Fund to be used

exclusively for the enforcement of the act of December

17, 1981 (P.L.435, No.135), known as the Race Horse

Industry Reform Act. Moneys transferred pursuant to this

subparagraph shall not be transferred subsequently to any

other State fund or account for any purpose.

2021/90PWK/HB1348A02140 - 38 -

(i.2) For fiscal year 2015-2016, 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.

(i.3) For fiscal year 2016-2017, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(i.4) For fiscal year 2017-2018, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(i.5) For fiscal year 2018-2019, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(i.6) For fiscal year 2019-2020, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(i.7) For fiscal year 2020-2021, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 weekly amounts beginning on September 1,

2020.

(i.8) For fiscal year 2021-2022, the sum of

$19,659,000 in the fund shall be transferred to the

account in 22 equal weekly amounts beginning on the

effective date of this subparagraph.

(ii) Each week, the money remaining in the fund

after any transfer under subparagraphs (i), (i.1), (i.2),

(i.3), (i.4), (i.5), (i.6) [and], (i.7) and (i.8) 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

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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 commission. This amount shall be

deposited within five business days of the end of

each week into a separate account to be established

by each respective horsemen's organization at a

banking institution of its choice. Of this amount, a

minimum of $250,000 shall be paid annually by the

horsemen's organization to the thoroughbred jockeys

or standardbred drivers organization at the racetrack

at which the licensed racing entity operates for

health insurance, life insurance or other benefits to

active and disabled thoroughbred jockeys or

standardbred drivers in accordance with the rules and

eligibility requirements of that organization. The

total distribution under this clause in any fiscal

year shall not exceed $11,400,000.

(B) Of the money remaining to be distributed

under subparagraph (ii) after application of clause

(A), the following disbursements shall be made:

(I) Eighty-three and one-third percent of

the money to be distributed under this clause

shall be deposited on a weekly basis into a

separate, interest-bearing purse account to be

established by and for the benefit of the

horsemen. The earned interest on the account

shall be credited to the purse account. Licensees

shall combine these funds with revenues from

existing purse agreements to fund purses for live

races consistent with those agreements with the

advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of

the money to be distributed under this clause

shall be deposited on a weekly basis into the

Pennsylvania Breeding Fund. 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; 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 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

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Award, the Pennsylvania Bred Award and the

Pennsylvania Sired and Bred Award.

(3) The following shall apply:

(i) For fiscal year 2016-2017, the department shall

transfer $8,555,255 from the fund to the State Racing

Fund pursuant to section 2874-D of The Administrative

Code of 1929.

(ii) For fiscal year 2017-2018, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374 (relating to costs of

enforcement of medication rules or regulations).

(iii) For fiscal year 2018-2019, the department

shall transfer $10,066,000 from the fund to the State

Racing Fund pursuant to 3 Pa.C.S. § 9374.

(iv) For fiscal year 2019-2020, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374.

(v) For fiscal year 2020-2021, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374(a). 3 Pa.C.S. § 9374(a)

shall expire June 30, 2022.

(vi) For fiscal year 2021-2022, the department shall

transfer $10,066,000 from the fund to the State Racing

Fund pursuant to 3 Pa.C.S. § 9374(a).

(b) (Reserved).

Section 16. Article XVII-A.1 of the act is amended by adding

a subarticle to read:

SUBARTICLE J

OPIOID SETTLEMENT RESTRICTED ACCOUNT

Section 1791-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:

"Account." The Opioid Settlement Restricted Account

established under section 1792-A.1.

Section 1792-A.1. Opioid Settlement Restricted Account.

(a) Establishment.--The Opioid Settlement Restricted Account

is established within the General Fund as a restricted account.

(b) Deposits.--Money received by a State agency as a result

of a settlement, litigation or an enforcement action related to

claims made by the Commonwealth relating to opioids shall be

deemed funds of the Commonwealth and shall, upon receipt, be

deposited into the account. Interest earned on money in the

account shall be deposited into the account. Money received by

county, municipal or local governments and agencies, including

district attorneys, shall not be deemed funds of the

Commonwealth and shall not be deposited into the account.

appropriation by the General Assembly.

Section 17. Repeals are as follows:

(1) The General Assembly finds and declares as follows:

2021/90PWK/HB1348A02140 - 41 -

(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-B and XVII-C of the act are repealed.

Section 18. The act is amended by adding articles to read:

ARTICLE XVII-B

2021-2022 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-B. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2021, and all other

appropriation acts of 2021.

Section 1702-B. 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 2021." The act of ????

(P.L.????, No.????), known as the General Appropriation Act of

2021.

"Human Services Code." The act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Most recent Federal decennial census." The Federal

decennial census for which final population figures were

published as of the first day of the calendar year in which this

article is enacted.

"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.

"TANFBG." Temporary Assistance for Needy Families Block

Grant.

Section 1703-B. Department of Criminal Justice.

For the purposes of the General Appropriation Act of 2021, a

reference to the Department of Criminal Justice shall be deemed

to be a reference to the Department of Corrections or the

Pennsylvania Board of Probation and Parole, or both, as

applicable.

Section 1704-B. Construction.

For the purposes of this article, a reference to the

classification of a county, city, borough or township shall be

deemed to be a reference to the classification of the county,

city, borough or township as of the effective date of this

section.

SUBARTICLE B

2021/90PWK/HB1348A02140 - 42 -

EXECUTIVE DEPARTMENTS

Section 1711-B. Governor (Reserved).

Section 1712-B. Executive offices.

The following apply to appropriations for the Pennsylvania

Commission on Crime and Delinquency:

(1) Money appropriated for county intermediate

punishment shall be distributed to counties for county adult

probation supervision and drug and alcohol and mental health

treatment programs for offenders sentenced to restrictive

conditions of probation imposed under 42 Pa.C.S. § 9763(c) or

(d) (relating to conditions of probation) and are certified

in accordance with 42 Pa.C.S. § 2154.1(b) (relating to

adoption of guidelines for restrictive conditions). The

portion of money for drug and alcohol and mental health

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) 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.

(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, $400,000 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, $400,000 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.

(v) From the amount appropriated, $250,000 shall be

available to the Judicial Computer System Financial Audit

Committee to carry out its duties pursuant to legislation

enacted by the Commonwealth after the effective date of

this subparagraph.

(3) No less than $1,500,000 shall be available as a

pilot program to offset costs incurred by a city of the first

class and a county of the second class A that is also a home

rule county in connection with hiring additional assistant

district attorneys designated as a Special United States

Attorney by a United States Attorney's office through

participation in the Project Safe Neighborhoods program and

who will exclusively prosecute crimes under 18 U.S.C. §

922(g) (Public Law 90-351, 82 Stat. 228).

2021/90PWK/HB1348A02140 - 43 -

(4) From money appropriated for violence and delinquency

prevention programs. The following apply:

(i) n o less than the amount used in the 2014-2015

fiscal year shall be used for programs in a city of the

second class; and

(ii) 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 with programs in

cities of the second class and third class also receiving

a proportional share of $50,000.

(5) Funds appropriated for violence intervention and

prevention shall be used solely to provide grants and

technical assistance to community-based organizations,

institutions of higher education, municipalities, district

attorneys and other entities in accordance with the

provisions of section 1306-B(b) and notwithstanding the

provisions of section 1306-B(h)(7) for programs eligible

under section 1306-B(j)(22) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

Section 1713-B. Lieutenant Governor (Reserved).

Section 1714-B. Attorney General (Reserved).

Section 1715-B. Auditor General.

The following shall apply to appropriations to the Department

of Auditor General:

From money appropriated for special financial audits,

$500,000 shall be used for the financial auditing of entities

that receive funds through contracts with the Department of

Human Services from money appropriated for Medical Assistance -

Capitation, Medical Assistance Community HealthChoices, Medical

Assistance - Long-term Living, Mental Health Services or the

Intellectual Disabilities - Community Waiver Program.

Section 1716-B. Treasury Department (Reserved).

Section 1717-B. Department of Aging (Reserved).

Section 1718-B. Department of Agriculture.

The following apply to appropriations for the Department of

Agriculture:

(1) From money 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.

(2) From money appropriated for general government

operations, no less than $250,000 shall be used for the

Commission of Agricultural Education Excellence to assist in

development and implementation of agricultural education

programming.

(3) From money appropriated for agricultural research,

the following apply:

(i) No less than $300,000 shall be used for an

agricultural resource center.

(ii) No less than $100,000 shall be used for

2021/90PWK/HB1348A02140 - 44 -

agricultural law research programs, including those

addressing energy development, in conjunction with a

land-grant university.

(4) The appropriation for agriculture promotion,

education and exports includes $250,000 for costs related to

supporting the expansion of industrial hemp farming,

including program development, outreach, education and

refining and processing.

(5) From money appropriated for hardwoods research and

promotion, at least 80% of the money shall be equally

distributed among the hardwood utilization groups of this

Commonwealth established prior to the effective date of this

section.

(6) All money appropriated for the Animal Health and

Diagnostic Commission shall be equally distributed to the

animal diagnostic laboratory system laboratories located at a

land grant university and at a school of veterinary medicine

located within this Commonwealth.

(7) From money appropriated for Livestock and Consumer

Health Protection, funding shall be used for information

technology projects and for equipment acquisition and

maintenance in the Bureau of Animal Health and Diagnostic

Services and in the Bureau of Food Safety and Laboratory

Services.

(8) In addition to the uses provided in section 7.3 of

the act of June 18, 1982 (P.L.549, No.159), entitled "An act

providing for the administration of certain Commonwealth

farmland within the Department of Agriculture," the

department may use up to a total of $165,000 in the

Agricultural Conservation Easement Purchase Fund under

section 7.1 of the act of June 18, 1982 (P.L.549, No.159),

entitled "An act providing for the administration of certain

Commonwealth farmland within the Department of Agriculture,"

to issue grants not to exceed $5,000 each for succession

planning to ensure that agricultural operations continue on

land subject to agricultural conservation easements. The

department, in consultation with the State Agricultural Land

Preservation Board, shall establish eligibility criteria for

awarding grants under this paragraph.

Section 1719-B. Department of Community and Economic

Development.

The following apply to appropriations for the Department of

Community and Economic Development:

(1) From money appropriated for general government

operations no less than $1,200,000 shall be used to support a

manufacturing technology development effort and to assist

Pennsylvania small businesses with enhanced cyber security in

a county of the fourth class with a population of at least

143,679, but not more than 144,200, under the most recent

Federal decennial census.

(2) From money appropriated for marketing to attract

2021/90PWK/HB1348A02140 - 45 -

tourists:

(i) $4,054,000 to fund the activities of the tourism

office within the department; and

(ii) the remaining money includes an allocation to

be used to plan, market and conduct a series of arts and

cultural activities that generate Statewide and regional

economic impact, and $500,000 shall be used for an annual

Statewide online 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 money appropriated for Keystone Communities:

(i) $6,357,000 shall be used to fund the Main Street

Program, Elm Street Program, Enterprise Zone Program and

accessible housing. The allocation for the Main Street

Program, Elm Street Program, Enterprise Zone Program and

accessible housing shall be distributed in the same

proportion as amounts allocated in fiscal year 2012-2013.

(ii) The remaining money shall be used for projects

supporting economic growth, community development and

municipal assistance throughout this Commonwealth.

(4) Funds appropriated for local municipal relief shall

include an allocation to provide State assistance to

individuals, persons or political subdivisions directly

affected by natural or manmade disasters, public safety

emergencies, other situations that pose a public safety

danger or other situations at the discretion of the

department. State assistance may 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 and structures. Grants shall be made

available for reimbursement in a disaster emergency area only

when a Presidential disaster declaration does not cover the

area or when the department determines that a public safety

emergency has occurred.

(5) Notwithstanding section 4(1) of the act of October

11, 1984 (P.L.906, No.179), known as the Community

Development Block Grant Entitlement Program for Nonurban

Counties and Certain Other Municipalities, the Commonwealth

may use up to 3% of the funds received pursuant to the

Housing and Community Development Act of 1974 (Public Law 93-

383, 88 Stat. 633) for administrative costs.

(6) From money appropriated for Pennsylvania First, no

less than $8,000,000 shall be used to fund the Workforce and

Economic Development Network of Pennsylvania (WEDnetPA) for

workforce training grants provided through an alliance of

educational providers, including, but not limited to,

Pennsylvania State System of Higher Education universities,

the Pennsylvania College of Technology and community colleges

located in this Commonwealth.

(7) From money appropriated for the Office of

International Business Development, the department shall

2021/90PWK/HB1348A02140 - 46 -

reopen and maintain an Office of Trade and Investment in a

city which operates in an economy which is part of the Asia-

Pacific Economic Cooperation international forum and in which

an Office of Trade and Investment existed on July 1, 2020.

An Office of Trade and Investment which is required to be

reopened under this clause shall be reopened no later than

March 31, 2022.

Section 1720-B. Department of Conservation and Natural

Resources (Reserved).

Section 1721-B. Department of Corrections.

The following apply to appropriations for the Department of

Corrections:

(1) From the appropriation to the Department of Criminal

Justice for general government operations under the General

Appropriation Act of 2021, no less than $1,750,000 shall be

used by the Department of Corrections for nonnarcotic

medication substance use disorder treatment, which may

include the establishment and administration of a nonnarcotic

medication assisted substance abuse treatment grant program.

(2) Notwithstanding any other provision of law to the

contrary, for the purposes of any program funded under

paragraph (1) and established under 61 Pa.C.S. Ch. 46

(relating to nonnarcotic medication assisted substance abuse

treatment grant pilot program), the term "eligible offender"

means a defendant or inmate convicted of a criminal offense

who will be committed to the custody of the county and who

meets the clinical criteria for an opioid or alcohol use

disorder as determined by a physician.

Section 1721.1-B. Department of Drug and Alcohol Programs

(Reserved).

Section 1722-B. Department of Education.

The following shall apply to appropriations to the Department

of Education:

(1) From an appropriation for adult and family literacy

programs, summer reading programs and the adult high school

diplomas program. The following apply:

(i) 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 ; and

(ii) no less than the amount allocated in the 2016-

2017 fiscal year shall be used for an after-school

learning program servicing low-income students located in

a county of the third class with a population, based on

the most recent Federal decennial census, of at least

320,000 but not more than 321,000.

(2) From money appropriated for the Pre-K Counts

Program, the per-student grant award amount for grants made

pursuant to section 1514-D of the Public School Code of 1949

2021/90PWK/HB1348A02140 - 47 -

shall be paid at the same rate as the amount paid in fiscal

year 2019-2020.

(3) Notwithstanding any provision to the contrary, the

appropriation for pupil transportation may not be redirected

for any purpose.

(4) From money appropriated for Pennsylvania Chartered

Schools for the Deaf and Blind:

(i) Upon distribution of the final tuition payment

for the fiscal year, the balance of the appropriation,

excluding funds for capital-related costs and deferred

maintenance, shall be used to pay the schools' increased

share of required contributions for public school

employees' retirement and shall be distributed pro rata

based on each school's contributions for the prior fiscal

year.

(ii) $500,000 is included for capital-related costs

and deferred maintenance to be divided equally between

each school.

(5) Notwithstanding any other provision of law, money

from the set-aside under section 2509.8 of the Public School

Code of 1949 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 no less than the amount allocated in the 2015-2016

fiscal year.

(6) The following shall apply:

(i) Notwithstanding any other provision of law,

funds set aside under section 2509.8 of the Public School

Code of 1949 shall include an allocation of $1,000,000

for an approved private school which received a payment

under section 1722-F(3).

(ii) The allocation under subparagraph (i) shall be

in addition to an allocation from an appropriation for

approved private schools.

(iii) For the purposes of the formula for approved

private schools under section 1376 of the Public School

Code of 1949 for the 2022-2023 fiscal year, a payment

made under this paragraph shall be considered part of the

base allocation in section 1376(a.2) of the Public School

Code of 1949.

(7) Money appropriated for regional community college

services shall be distributed to each entity that received

funding in fiscal year 2019-2020 in an amount equal to the

amount it received in that fiscal year.

(8) Money appropriated for community education councils

shall be distributed to each entity that received funding in

fiscal year 2019-2020 in an amount equal to the amount it

received in that fiscal 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),

2021/90PWK/HB1348A02140 - 48 -

no payments shall be made to charter schools, regional

charter schools or cyber charter schools authorized under

Article XVII-A of the Public School Code of 1949 to provide

for Social Security and Medicare contributions from money

appropriated for basic education funding or 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, regional charter schools or cyber charter

schools authorized under Article XVII-A of the Public School

Code of 1949 from money appropriated for payment of required

contributions for public school employees' retirement.

Section 1723-B. Department of Environmental Protection

(Reserved).

Section 1724-B. Department of General Services.

From money appropriated to the Department of General Services

for Capitol fire protection, the City of Harrisburg shall use

the money to support the provisions of fire services to the

Capitol complex.

Section 1725-B. Department of Health.

The following apply to appropriations for the Department of

Health:

(1) From money appropriated for general government

operations, sufficient money shall be included for the

coordination of donated dental services.

(2) From money appropriated for diabetes programs,

$100,000 shall be allocated for Type I diabetes awareness,

education and outreach.

(3) From money appropriated for adult cystic fibrosis

and other chronic respiratory illnesses. The following apply:

(i) 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.

(ii) 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.

(iii) Any money not used under subparagraph (i)

or (ii) shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(4) Money appropriated for Lyme disease includes

$750,000 for costs related to free tick testing for residents

performed in conjunction with a university that is part of

the State System of Higher Education, including outreach and

marketing.

(5) Money appropriated for lupus programs shall be

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distributed proportionately to each entity that received

funding in fiscal year 2018-2019.

(6) Money appropriated for biotechnology research shall

include allocations for regenerative medicine research, for

regenerative medicine medical technology, for hepatitis and

viral research, for drug research and clinical trials related

to cancer, pulmonary embolism and deep vein thrombosis, for

genetic and molecular research for disease identification and

eradication, for vaccine immune response diagnostics, for

nanotechnology and for the commercialization of applied

research.

(7) From the appropriation for leukemia and lymphoma,

$200,000 shall be allocated to a branch of an eastern

Pennsylvania chapter of a nonprofit organization, where the

branch is located within a city of the third class that is

located in two counties of the third class, dedicated to

awareness, education, patient assistance and outreach related

to blood cancer.

(8) Funds appropriated for hemophilia services shall be

distributed to grantees in the same proportion as distributed

in fiscal year 2019-2020.

(9) Funds appropriated for sickle cell anemia services,

including camps for children with sickle cell anemia, shall

be distributed to grantees in the same proportion as

distributed in fiscal year 2019-2020.

(10) Funds appropriated for diagnosis and treatment for

Cooley's anemia shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(11) Funds appropriated for services for children with

special needs shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

Section 1726-B. Insurance Department (Reserved).

Section 1727-B. Department of Labor and Industry.

The following apply to appropriations to the Department of

Labor and Industry:

(1) From money appropriated to the Department of Labor

and Industry for Industry Partnerships:

(i) No less than the amount allocated in the 2014-

2015 fiscal year shall be used 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.

(ii) (Reserved).

(2) (Reserved).

Section 1728-B. Department of Military and Veterans Affairs

(Reserved).

Section 1729-B. Department of Human Services.

The following apply to appropriations for the Department of

Human Services:

(1) From money appropriated for mental health services

or from Federal money, $580,000 shall be used for the

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following:

(i) The operation and maintenance of a network of

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.

(2) From money appropriated for mental health services,

$100,000 shall be allocated for expanded services for a

pediatric mental health hospital and an adolescent

residential treatment program in a county of the third class

with a population of at least 349,000, but not more than

350,000, under the most recent Federal Decennial Census.

(3) The following shall apply:

(i) 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) Amounts allocated from money appropriated for

fee-for-service used for the Select Plan for Women's

Preventative Health Services shall be used for women's

medical services, including noninvasive contraception

supplies.

(iii) Notwithstanding any other law, money

appropriated for medical assistance payments for fee-for-

service care, exclusive of inpatient services provided

through capitation plans, shall include sufficient money

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.

(iv) From money appropriated for medical assistance

fee-for-service care the following apply:

(A) No less than the amount used in the 2017-

2018 fiscal year shall be used for cleft palates and

other craniofacial anomalies.

(B) No less than $800,000 shall be distributed

to a hospital for clinical ophthalmologic services

located in a city of the first class.

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for improvements to an acute care hospital located in

a city of the first class.

(D) No less than $2,500,000 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.

(E) No less than $2,000,000 shall be distributed

to a university located in a city of the first class

to expand research and treatment protocols for

combating opioid addiction.

(F) No less than $1,850,000 shall be distributed

to an enrolled outpatient therapy service provider

located in a city of the second class in a county of

the second class that provides behavioral health and

medical rehabilitation pediatric outpatient services.

(G) No less than $2,500,000 shall be distributed

to an acute care hospital in a city of the third

class with a population between 14,000 and 15,000

according to the most recent Federal decennial census

in a county of the third class with a population

between 360,000 and 370,000 according to the most

recent Federal decennial census.

(v) From money appropriated for medical assistance

capitation:

(A) 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.

(B) Funds are provided for a $5-per-hour

increase in the fee-for-service fee schedule rate for

pediatric shift nursing services provided by

registered nurses and licensed practical nurses in a

home care setting effective January 1, 2022.

(vi) From money appropriated for medical assistance

long-term living:

(A) 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 with

more than 725 beds and a Medicaid acuity at 0.79 as

of August 1, 2015.

(B) No less than the amount used in the 2020-

2021 fiscal year 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 1.18

as of August 1, 2020, to ensure access to necessary

nursing care in that county.

nonpublic nursing home located in a county of the

eighth class with more than 119 beds and a Medicaid

acuity at 1.04 as of August 1, 2020, to ensure access

2021/90PWK/HB1348A02140 - 52 -

to necessary nursing home care in that county.

(D) An additional $750,000 shall be paid in

equal payments to nursing facilities that qualified

for supplemental ventilator care and tracheostomy

care payments in fiscal year 2014-2015 with a

percentage of medical assistance recipient residents

who required medically necessary ventilator care or

tracheostomy care greater than 90%.

(vii) Federal or State money appropriated under the

General Appropriation Act of 2021 in accordance with 35

Pa.C.S. § 8107.3 (relating to funding) not used to make

payments to hospitals qualifying as Level III trauma

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.

(viii) Qualifying academic medical centers that

received money for fiscal year 2017-2018 shall not

receive any less than the State appropriation made

available to those academic medical centers during fiscal

year 2017-2018.

(ix) Qualifying physician practice plans that

received money for fiscal year 2017-2018 shall not

receive less than the State appropriation made available

to those physician practice plans during fiscal year

2017-2018.

(x) Money appropriated for medical assistance

transportation shall only be utilized as a payment of

last resort for transportation for eligible medical

assistance recipients.

(xi) (A) Subject to Federal approval of necessary

amendments of the Title XIX State Plan, from funds

appropriated for medical assistance long-term living,

$16,000,000 is allocated for medical assistance day-

one incentive payments to qualified nonpublic nursing

facilities under methodology and criteria under

section 443.1(7)(vi) of the Human Services Code.

(B) The Department of Human Services shall

determine a nonpublic nursing facility's overall and

medical assistance occupancy rate to qualify for a

fiscal year 2021-2022 medical assistance day-one

incentive payment based on a nursing facility's

resident day quarter ending December 31, 2019, for

the first of two payments and a nursing facility's

resident day quarter ending March 31, 2020, for the

second of two payments.

(4) The following apply:

(i) Money appropriated for breast cancer screening

may be used for women's medical services, including

noninvasive contraception supplies.

(ii) (Reserved).

(5) The following shall apply:

2021/90PWK/HB1348A02140 - 53 -

(i) Money 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 that operate

projects designed specifically to provide all or a

portion of these services. Projects receiving money

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%

of the Federal poverty guidelines.

(6) From money appropriated for autism intervention and

services:

(i) no less than the amount distributed in the

2014-2015 fiscal year shall be distributed to a

behavioral health facility located in a county of the

fifth class with a population between 130,000 and 135,000

under the most recent Federal decennial census and shall

be distributed to a health system that operates both a

general acute care hospital and a behavioral health

facility that has a center for autism and developmental

disabilities located in a county of the fifth class with

a population between 130,000 and 135,000 under the most

recent Federal decennial census;

(ii) $260,000 shall be allocated to an institution

of higher education that 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;

(iii) $260,000 shall be allocated to an institution

of higher education that provides autism education and

diagnostic curriculum and is located in a county of the

second class;

(iv) no less than the amount distributed in the

2014-2015 fiscal year shall be allocated for programs to

promote the health and fitness of persons with

developmental disabilities located in a city of the first

class;

(v) $500,000 shall be allocated for the expansion of

an adult autism program in a county of the third class;

2021/90PWK/HB1348A02140 - 54 -

and

(vi) $500,000 shall be allocated for an entity that

provides alternative educational services to individuals

with autism and developmental disabilities in a county of

the third class with a population of at least 519,000,

but not more than 519,500, under the most recent Federal

decennial census.

(7) Money 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 the appropriation for 2-1-1 Communications,

$750,000 shall be allocated for a Statewide 2-1-1 System

Grant Program.

(9) The appropriation for services for the visually

impaired includes the following:

(i) an allocation of $2,584,000 for Statewide

professional services provider association for the blind

to provide training and supportive services for

individuals who are blind and preschool vision screenings

and eye safety education; and

(ii) an allocation of $518,000 to provide

specialized services and prevention of blindness services

in cities of the first class.

(10) To supplement the money 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 Medicare and 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.

(11) 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.

(12) Subject to the availability of Federal funds and

eligibility under Federal TANFBG rules, grantees who operated

within the PA WorkWear program in fiscal year 2019-2020 shall

be offered a grant for the fiscal year to continue service

delivery under substantially similar terms as previous PA

WorkWear grants unless both parties agree to alternate terms.

(13) (i) Beginning with the 2021-2022 fiscal year, the

Secretary of Human Services shall report on a quarterly

basis in person to the Secretary of the Budget, the

chairperson and minority chairperson of the

2021/90PWK/HB1348A02140 - 55 -

Appropriations Committee of the Senate and the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives

information documenting each of the following State

appropriations and their associated Federal

appropriations:

(A) Medical Assistance - Capitation.

(B) Medical Assistance - Fee-for-Service.

Drug Program.

(D) Medical Assistance - Workers with

Disabilities.

(E) Medical Assistance - Long-Term Living.

(F) Medical Assistance - Community

HealthChoices.

(G) Long-Term Care Managed Care.

(H) Intellectual Disabilities - Intermediate

Care Facilities.

(I) Intellectual Disabilities - Community Waiver

Program.

(J) Autism Intervention and Services.

(K) Early Intervention.

(ii) The information included in a report under

subparagraph (i) shall include, but not be limited to,

the following:

(A) Number of enrollees by month.

(B) Average cost per enrollee.

during the fiscal year.

(D) Revised estimate of the money needed by

appropriation to make required payments for the

remainder of the fiscal year.

(iii) If revised estimates under subparagraph (ii)

(D) indicate supplemental money may be necessary, the

secretary shall provide a detailed explanation, in

writing, of the reasons the revised estimates differ from

the General Appropriation Act of 2021, or information

provided previously under this paragraph.

(14) The department shall submit a State plan amendment

to the Commonwealth's State Plan under Title XIX of the

Social Security Act (49 Stat. 620, 42 U.S.C. Ch. 1296 et

seq.) to authorize the department to enter into value based-

purchasing supplemental rebate agreements with pharmaceutical

manufacturers. Subject to Federal approval, supplemental

rebate agreements, entered into after the effective date of

this paragraph, shall permit outcome-based payments related

to the administration of a drug to a single Medical

Assistance beneficiary to be measured in a single year or

over multiple years.

(15) The Department of Human Services shall not add non-

medically necessary services to the Medical Assistance

2021/90PWK/HB1348A02140 - 56 -

Program that would result in the need for a supplemental

appropriation without the approval of the General Assembly.

All proposed services shall be outlined in the Governor's

Executive Budget or subsequent updates provided in writing to

the General Assembly.

Section 1730-B. Department of Revenue (Reserved).

Section 1731-B. Department of State (Reserved).

Section 1732-B. Department of Transportation.

The following shall apply to appropriations for the

Department of Transportation:

(1) From money appropriated for infrastructure projects,

$1,900,000 shall be allocated for costs related to capital

equipment for a rural transit service headquartered in this

Commonwealth that provides intercity line-run service with at

least six different line-runs.

(2) (i) No later than September 30, 2021, the

Department of Transportation shall issue a report

containing a summary of the following:

(A) A list of the routes between the

northernmost portion of Interstate Route I-99 in the

Commonwealth and the southernmost portion of

Interstate Route I-99 in New York State which will

comprise the length on Interstate Route I-99 when the

highway is fully designated as an interstate.

(B) A summary of the remaining issues in the

route under clause (1) which do not meet the

standards necessary for designation of the route as

Interstate Route I-99.

expects to make an application to the Federal Highway

Administration for the designation of the remaining

portions of Interstate Route I-99.

(ii) The report under this paragraph shall be

submitted to the chairperson and minority chairperson of

the Transportation Committee of the Senate and the

chairperson and minority chairperson of the

Transportation Committee of the House of Representatives

and to each member of the Senate or the House of

Representatives who represents an area that includes the

route under subparagraph (i).

(3) (Reserved).

Section 1733-B. Pennsylvania State Police (Reserved).

Section 1734-B. State Civil Service Commission (Reserved).

Section 1735-B. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the

Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs

shall be used to support programs related to training working

service dogs focusing on rescue and public safety.

(2) Money appropriated for the State Fire Commissioner

includes funding for a Statewide recruitment and retention

2021/90PWK/HB1348A02140 - 57 -

coordinator and regional technical advisors to develop,

implement and deliver recruitment and retention training

programs and provide technical assistance to local fire

organizations and local governments.

Section 1736-B. Pennsylvania Fish and Boat Commission

(Reserved).

Section 1737-B. State System of Higher Education (Reserved).

Section 1737.1-B. State-related institutions.

The following shall apply to appropriations to State-related

universities:

(1) Funds appropriated to State-related universities

shall only be used for costs directly related to the

provision of instruction for graduate and undergraduate

students and costs incurred in providing student-related

services and community outreach services, consistent with the

existing laws of this Commonwealth.

(2) (Reserved).

Section 1738-B. Pennsylvania Higher Education Assistance

Agency.

The following shall apply to appropriations for the

Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency

shall allocate $500,000 from the Higher Education Assistance

Fund for the Cheyney University Keystone Academy.

(2) From funds appropriated for payment of education

assistance grants, the amount of $1,000,000 shall be

allocated to a State-owned university located in Tioga County

for merit scholarships.

Section 1739-B. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1740-B. Environmental Hearing Board (Reserved).

Section 1741-B. Pennsylvania Board of Probation and Parole

(Reserved).

Section 1742-B. (Reserved).

Section 1743-B. (Reserved).

Section 1744-B. (Reserved).

Section 1745-B. (Reserved).

Section 1746-B. (Reserved).

Section 1747-B. Commonwealth Financing Authority (Reserved).

Section 1748-B. Thaddeus Stevens College of Technology

(Reserved).

Section 1749-B. Pennsylvania Housing Finance Agency (Reserved).

Section 1750-B. LIHEABG (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1761-B. Health Care Cost Containment Council

(Reserved).

Section 1762-B. State Ethics Commission (Reserved).

Section 1763-B. Legislative Reference Bureau (Reserved).

Section 1764-B. Legislative Budget and Finance Committee

(Reserved).

2021/90PWK/HB1348A02140 - 58 -

Section 1765-B. Legislative Data Processing Committee

(Reserved).

Section 1766-B. Joint State Government Commission (Reserved).

Section 1767-B. Joint Legislative Air and Water Pollution

Control and Conservation Committee (Reserved).

Section 1768-B. Legislative Audit Advisory Commission

(Reserved).

Section 1769-B. Independent Regulatory Review Commission

(Reserved).

Section 1770-B. Capitol Preservation Committee (Reserved).

Section 1771-B. Pennsylvania Commission on Sentencing

(Reserved).

Section 1772-B. Center for Rural Pennsylvania (Reserved).

Section 1773-B. Commonwealth Mail Processing Center (Reserved).

Section 1774-B. Transfers (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-B. Supreme Court (Reserved).

Section 1782-B. Superior Court (Reserved).

Section 1783-B. Commonwealth Court (Reserved).

Section 1784-B. Courts of common pleas (Reserved).

Section 1785-B. Community courts; magisterial district judges

(Reserved).

Section 1786-B. Philadelphia Traffic Court (Reserved).

Section 1787-B. Philadelphia Municipal Court (Reserved).

Section 1788-B. Judicial Conduct Board (Reserved).

Section 1789-B. Court of Judicial Discipline (Reserved).

Section 1790-B. Juror cost reimbursement (Reserved).

Section 1791-B. County court reimbursement (Reserved).

Section 1792-B. Senior judges (Reserved).

Section 1793-B. Transfer of money by Supreme Court (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-C

2021-2022 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-C. Applicability.

Except as specifically provided in this article, this article

applies to the act of ???? (P.L.????, No.????), known as the

General Appropriation Act of 2021, and all other appropriation

acts of 2021.

Section 1702-C. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE shall not be

utilized for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1703-C. Tobacco Settlement Fund (Reserved).

Section 1704-C. Judicial Computer System Augmentation Account

(Reserved).

Section 1704.1-C. Access to Justice Account (Repealed).

2021/90PWK/HB1348A02140 - 59 -

Section 1705-C. Emergency Medical Services Operating Fund

(Reserved).

Section 1706-C. The State Stores Fund (Reserved).

Section 1707-C. Motor License Fund (Reserved).

Section 1708-C. Aviation Restricted Account (Reserved).

Section 1709-C. Hazardous Material Response Fund (Reserved).

Section 1710-C. Milk Marketing Fund (Reserved).

Section 1711-C. HOME Investment Trust Fund (Reserved).

Section 1712-C. Tuition Account Guaranteed Savings Program Fund

(Reserved).

Section 1713-C. Banking Fund (Reserved).

Section 1714-C. Firearm Records Check Fund (Reserved).

Section 1715-C. Ben Franklin Technology Development Authority

Fund (Reserved).

Section 1716-C. Oil and Gas Lease Fund (Reserved).

Section 1717-C. Home Improvement Account (Reserved).

Section 1718-C. Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1719-C. Insurance Regulation and Oversight Fund

(Reserved).

Section 1720-C. Pennsylvania Race Horse Development Restricted

Receipt Account.

The following apply to amounts appropriated from the

Pennsylvania Race Horse Development Restricted Receipts Account:

(1) The following apply to amounts appropriated to the

Department of Agriculture for payments to Pennsylvania fairs:

(i) Notwithstanding any provision of the act of July

8, 1986 (P.L.437, No.92), known as the Pennsylvania

Agricultural Fair Act, the Department of Agriculture

shall award a grant for the calendar year beginning

January 1, 2021, to a county agricultural society, an

independent agricultural society or other organization

which cancelled its annual agricultural fair in the

calendar year beginning January 1, 2020. A county

agricultural society, an independent agricultural society

or other organization which receives a grant under this

subparagraph shall remain eligible to apply for and

receive a grant available under section 5(1)(ii) of the

Pennsylvania Agricultural Fair Act.

(ii) The amount of a grant awarded to a county

agricultural society, an independent agricultural society

or other organization under this paragraph shall be the

same amount that the county agricultural society,

independent agricultural society or other organization

received in grants under section 5(1)(i), (iii) and (iv)

of the Pennsylvania Agricultural Fair Act for the

calendar year beginning January 1, 2019.

(2) (Reserved).

Section 1721-C. Justice Reinvestment Fund (Reserved).

Section 1722-C. Multimodal Transportation Fund (Reserved).

Section 1723-C. State Racing Fund (Reserved).

2021/90PWK/HB1348A02140 - 60 -

Section 1724-C. ABLE Savings Program Fund (Reserved).

Section 1725-C. Pennsylvania Preferred Trademark Licensing

Fund.

Notwithstanding 3 Pa.C.S. § 4616 (relating to Pennsylvania

Preferred® Trademark Licensing Fund), the Department of

Agriculture may use money deposited in the Pennsylvania

Preferred® Trademark Licensing Fund to promote one or more of

the funding objectives under 3 Pa.C.S. § 4616(c) through the

awarding of grants.

Section 1726-C. Restricted receipt accounts.

(a) General provisions.--The Secretary of the Budget 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).

following restricted receipt accounts may be established for the

Department of Conservation and Natural Resources:

(1) Federal Aid to Volunteer Fire Companies.

(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

2021/90PWK/HB1348A02140 - 61 -

receipt accounts may be established for the Department of

Transportation:

(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 1727-C. Fund transfers.

(a) Transfer to Environmental Stewardship Fund.--From funds

received under the authority of Article III of the act of March

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the

sum of $12,289,000 shall be transferred to the Environmental

Stewardship Fund.

(b) Applicability.--Section 1795.2-E shall not apply to

fiscal year 2021-2022.

Section 19. Sections 1722-E, 1724-E, 1724.1-E and 1727-E of

the act are amended by adding subsections to read:

Section 1722-E. Department of Education.

* * *

(e) Payments to qualifying school districts.--From money

appropriated for payment of basic education funding to school

districts in the 2021-2022 fiscal year, the Commonwealth shall

pay to qualifying school districts an allocation for the 2020-

2021 school year payable in the 2021-2022 fiscal year as

follows:

(1) There shall be a determination of the qualifying

school districts with an amount less than or equal to the

amount that represents the 20th percentile for all school

districts in the following calculation:

(i) For each of the five preceding school years

calculate the following:

(A) For each school district, the sum of the

amount of student weights calculated under section

2502.53(c)(1)(ii), (iii), (iv), (v) and (vi) of the

Public School Code of 1949, and the amount of

2021/90PWK/HB1348A02140 - 62 -

weighted special education headcounts calculated

under section 2509.5(bbb)(2)(i) of the Public School

Code of 1949.

(B) For each school district, divide the current

expenditures by the sum calculated for the school

district in clause (A).

average of the quotients calculated under clause (B).

(2) Qualifying school districts determined under

paragraph (1) shall receive an amount calculated as follows:

(i) For each qualifying school district, multiply

the product in section 2502.53(b)(2)(i) of the Public

School Code of 1949 for the 2020-2021 school year by

$100,000,000.

(ii) Divide the product in subparagraph (i) by the

sum of the products in section 2502.53(b)(2)(i) of the

Public School Code of 1949 for the 2020-2021 school year

for all qualifying school districts.

(3) Payments made under this subsection shall be deemed

to be part of the school district's allocation amount under

section 2502.53(b)(1) of the Public School Code of 1949 for

the 2021-2022 school year and each school year thereafter.

(4) The provisions contained in sections 2502.53 and

2509.5 of the Public School Code of 1949 shall apply to the

calculation of the respective factors in this subsection.

Section 1724-E. Department of General Services.

* * *

to transfer Commonwealth lands.--Upon request of the Department

of General Services, an agency, department, board or commission

of the executive branch of the Commonwealth shall assist the

Department of General Services in providing either House of the

General Assembly information on a bill or an amendment to a bill

which would grant or convey Commonwealth lands, take the title

of lands as Commonwealth lands or transfer or alter easements,

covenants, appurtenances to property or other interests in land

owned by the Commonwealth.

Section 1724.1-E. Pennsylvania Gaming Control Board.

* * *

(e.1) County redevelopment authorities.--The following

apply:

(1) In addition to municipalities that are eligible to

receive grant funding under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I)

(relating to establishment of State Gaming Fund and net slot

machine revenue distribution), a county redevelopment

authority within a home rule county of the third class shall:

(i) be eligible to receive grant funding; and

(ii) upon notification to the Department of

Community and Economic Development of the issuance of

debt, receive the sum of $3,000,000 annually for a period

of 25 years for the purpose of funding debt service

2021/90PWK/HB1348A02140 - 63 -

related to the construction, maintenance and upgrades of

public infrastructure projects located within the county.

(2) Projects funded from the proceeds of a debt issuance

by a county redevelopment authority under paragraph (1)(ii)

shall be:

(i) made through an application to the county

redevelopment authority; and

(ii) subject to the approval of the Commonwealth

Financing Authority.

(3) After the issuance of debt by the county

redevelopment authority, payments made under paragraph (1)

(ii) shall be made prior to award of any other grants as

authorized under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I).

(4) For all aspects of construction under this

provision, qualified contractors and subcontractors must

demonstrate that they maintain all valid licenses,

registrations or certificates required by Federal, State or

local governments and are in compliance with the following:

(i) The act of June 2, 1915 (P.L.736, No.338), known

as the Workers' Compensation Act.

(ii) The act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), known as the Unemployment Compensation

Law.

(iii) The act of August 15, 1961 (P.L.987, No.442),

known as the Pennsylvania Prevailing Wage Act.

* * *

Section 1727-E. Department of Labor and Industry.

* * *

(b.1) Bureau of Occupational and Industrial Safety.--

(1) (i) The Department of Labor and Industry shall

waive the fees listed under section 613-A of the act of

April 9, 1929 (P.L.177, No.175), known as the

Administrative Code of 1929, for an applicant that is a

school district, intermediate unit or area career and

technical school.

(ii) The department, upon approval by the Governor,

shall issue a refund to an applicant that paid a fee

which is waived under subparagraph (i) after June 30,

2020, and requests a refund. A refund required under this

subsection shall not be paid from the appropriations to

the department for general government operations or for

occupational and industrial safety, but shall be deemed a

refund of a charge collected, but not legally due, and

shall be paid otherwise from the general fund.

(iii) No later than September 1, 2022, and September

1 of each year thereafter, the department shall submit a

report to the chairperson and minority chairperson of the

Appropriations Committee of the Senate, the chairperson

and minority chairperson of the Labor and Industry

Committee of the Senate, the chairperson and minority

chairperson of the Appropriations Committee of the House

2021/90PWK/HB1348A02140 - 64 -

of Representatives and the chairperson and minority

chairperson of the Labor and Industry Committee of the

House of Representatives. The report shall include all of

the following information:

(A) The number of applicants that received a

waiver under this subsection during the prior fiscal

year.

(B) The total amount of fees which were waived

under this subsection during the prior fiscal year.

(2) (Reserved).

* * *

Section 20. Section 1729-E(5) and (6) of the act are amended

and the section is amended by adding a paragraph to read:

Section 1729-E. Department of Human Services.

The following shall apply to appropriations for the

Department of Human Services:

* * *

(5) The department, upon approval of the secretary, may

transfer Federal money appropriated for Temporary Assistance

for Needy Families Block [Grant Child] Grant - Child Care

Assistance to the Child Care and Development Fund Block

[Grant Child] Grant - Child Care Services appropriation to

provide child-care services to additional low-income families

if the transfer of money will not result in a deficit in the

appropriation. The secretary shall provide notice 10 days

prior to a transfer under this paragraph 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.

(6) The department, upon approval of the secretary, may

transfer Federal money appropriated for Child Care and

Development Fund Block [Grant Child] Grant - Child Care

Assistance to the Child Care and Development Fund Block

[Grant Child] Grant - Child Care Services appropriation to

provide child-care services to additional low-income

families[, provided that] if the transfer of money will not

result in a deficit in the appropriation. The secretary shall

provide notice 10 days prior to a transfer under this

paragraph 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.

(6.1) In accordance with Federal law, the department, upon

approval of the secretary, may transfer Federal money from the

Temporary Assistance for Needy Families Block Grant to the Child

Care and Development Fund Block Grant and the Social Services

Block Grant if the transfer of money will not result in a

deficit in an appropriation. The secretary shall provide notice

10 days prior to a transfer to the chairperson and minority

chairperson of the Appropriations Committee of the Senate and

the chairperson and minority chairperson of the Appropriations

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Committee of the House of Representatives.

Section 21. The act is amended by adding a section to read:

Section 1748.1-E. State Employees' Retirement System

(Reserved).

Section 22. Section 1798.3-E(d) of the act, amended May 29,

2020 (P.L.158, No.23), is amended to read:

Section 1798.3-E. Multimodal Transportation Fund.

* * *

(d) Expiration.--This section shall expire December 31,

[2021] 2022.

Section 23. The act is amended by adding a section to read:

Section 1798.4-E. Public Transportation Trust Fund.

Notwithstanding 74 Pa.C.S. § 1513(d)(3) (relating to

operating program), in addition to the local match requirements

under 74 Pa.C.S. § 1513(d), for fiscal years 2020-2021 and 2021-

2022, funding received by a municipality through the American

Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4) shall

qualify as local matching funds.

Section 24. Section 1706-E.2(1.1) of the act is amended to

read:

Section 1706-E.2. Sinking fund charges for school building

projects.

The following shall apply:

* * *

(1.1) All school districts that submitted applications

between July 1, 2017, and November 6, 2017, and that vote to

proceed with construction and [awarded] award bids on their

construction contracts no later than [July 1, 2021] December

31, 2022, shall, as permitted by law, 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.

* * *

Section 25. Section 1726-M(d)(5), (14), (15), (16) and (17)

of the act, repealed and added November 23, 2020 (P.L.1140,

No.114), are amended to read:

Section 1726-M. Fund transfers.

* * *

(d) Transfers to General Fund.--The following shall apply:

* * *

[(5) From funds deposited in the Historical Preservation

Fund, $4,000,000 shall be transferred into the General Fund.]

* * *

[(14) From funds deposited in the PENNVEST Fund,

$10,000,000 shall be transferred into the General Fund.

(15) From funds deposited in the PENNVEST Drinking Water

Revolving Fund, $26,500,000 shall be transferred into the

General Fund.

(16) From funds deposited in the PENNVEST Water

Pollution Control Revolving Fund, $9,000,000 shall be

transferred into the General Fund.

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(17) From funds deposited in the Racing Fund,

$10,000,000 shall be transferred into the General Fund.]

* * *

Section 26. This act shall apply as follows:

(1) The amendment of section 731 of the act shall apply

retroactively to January 1, 2016.

(2) The addition of section 1727-E(b.1) of the act shall

apply to fees payable on or after June 30, 2020.

(3) The amendment of section 1726-M(d)(5), (14), (15),

(16) and (17) of the act shall apply retroactively to July 1,

2020.

Section 27. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

section 1724.1-E(e.1) of the act.

(2) 4 Pa.C.S. § 1403(c)(2)(i)(D)(I.2) is repealed.

Section 28. This act shall take effect as follows:

(1) The addition of section 1724.1-E(e.1) of the act

shall take effect in 60 days.

(2) The remainder of this act shall take effect July 1,

2021, or immediately, whichever is later.

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