PRINTER'S NO. 1828

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1221

Session of

2020

INTRODUCED BY MUTH, FONTANA, FARNESE, SANTARSIERO, COLLETT,

A. WILLIAMS, BREWSTER, DINNIMAN AND COSTA, JUNE 30, 2020

REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,

Community and Economic Development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

5601-A. Scope of chapter.

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5607-A. Whistleblower complaints.

§ 5601-A. Scope of chapter.

This chapter relates to a personal protective equipment and

sanitation supplies public portal.

§ 5602-A. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"COVID-19." The coronavirus disease 2019, an infectious

disease caused by severe acute respiratory syndrome coronavirus

healthcare entity or State or local government entity in this

Commonwealth that uses or desires to procure personal protective

equipment or sanitation supplies.

"Essential product supplier." An entity that sells or offers

to sell to the public personal protective equipment or

sanitation supplies, or both, in this Commonwealth and that is

included by the department on the portal as an essential product

supplier.

"Life-sustaining business." A business deemed to be life-

sustaining under the Governor's 20200319 TWW COVID-19 Business

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ventilators and related equipment and hospital gowns.

"Portal." The Personal Protective Equipment and Sanitation

Supplies Public Portal established by this chapter.

"Sanitation supplies." Disinfectant materials that meet

Environmental Protection Agency guidelines for use against SARS-

CoV-2, the virus that causes COVID-19.

"Testing and testing supplies." Laboratory supplies used to

treat COVID-19 and similar infectious diseases.

§ 5603-A. Personal Protective Equipment and Sanitation Supplies

(b) Purpose.--The purpose of the portal shall be to permit

entities that sell or offer to sell personal protective

equipment, sanitation supplies and certain testing and testing

supplies in this Commonwealth to appear on the portal as

essential product suppliers and to permit eligible procurement

parties that intend to purchase personal protective equipment,

sanitation supplies and testing and testing supplies to find

information relating to essential product suppliers on the

portal. The department may facilitate the connection of

essential product suppliers and eligible procurement entities in

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protective equipment, sanitation supplies or testing and

testing supplies in this Commonwealth and that wishes to have

the name of, and contact information about, the entity appear

on the portal as an essential product supplier must submit an

application to the department and must be registered by the

department for inclusion on the portal.

(2) The following entities may submit applications to

the department:

personal protective equipment, sanitation supplies or

testing and testing supplies.

company or not-for-profit company, volunteer organization

or faith-based organization, in this Commonwealth that

has the manufacturing capability for personal protective

equipment, sanitation supplies or testing and testing

supplies.

(b) Form of application.--The department shall prescribe the

form and content for applications under this section.

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sell to eligible procurement parties personal protective

equipment, sanitation supplies or testing and testing

supplies according to relevant safety standards of the

Centers for Disease Control and Prevention, the Occupational

Safety and Health Administration and the Department of Health

of the Commonwealth.

(2) The department shall notify in writing an applicant

of the department's decision within 10 business days of

receipt of the application.

(3) If the department approves the application, the

(5) If the department fails to provide notice under

paragraph (2) within the 10-day period, the application shall

be deemed approved and the registration granted.

§ 5605-A. Access to portal.

The department shall maintain the portal on a publicly

accessible Internet website.

§ 5606-A. Reporting of information to Department of Health.

(a) Duty to report.--After expiration or other termination

of the Governor's 20200319 TWW COVID-19 Business Closure Order,

any business that was deemed a life-sustaining business, whether

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(1) The amount and types of personal protective

equipment the business possesses or controls and an estimate

of the need for the personal protective equipment to operate

in accordance with guidelines of the Centers for Disease

Control and Prevention, the Occupational Safety and Health

Administration and the Department of Health of the

Commonwealth.

(2) The amount and types of sanitation supplies the

business possesses or controls and an estimate of the need

for the sanitation supplies to operate in accordance with

accordance with the guidelines of the Centers for Disease

Control and Prevention, the Occupational Safety and Health

Administration and Department of Health of the Commonwealth.

(4) The cleaning and sanitation strategies of the

business based on guidelines of the Centers for Disease

Control and Prevention and orders of the Department of Health

of the Commonwealth from April 6, 2020, through April 15,

2020.

(5) The social distancing mitigation strategy and

staffing level to accomplish the strategies under paragraph

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inability to operate safely in accordance with relevant

guidelines of the Centers for Disease Control and Prevention,

the Occupational Safety and Health Administration and

Department of Health of the Commonwealth.

(b) Recordkeeping.--A business subject to subsection (a)

shall maintain the information required by subsection on site

and shall make the information available, upon request, to the

department, authorized agent of the department or law

enforcement agency at the premises of the business. In addition

to the information required under subsection (a), the business

§ 5607-A. Whistleblower complaints.

An employee of a business subject to section 5606-A (relating

to reporting of information to Department of Health) who

reasonably believes that the business is not in compliance with

the relevant guidelines of the Centers for Disease Control and

Prevention, the Occupational Safety and Health Administration

and the Department of Health of the Commonwealth relating to

personal protective equipment, sanitation supplies, testing and

testing supplies or social distancing plans for safe physical

operation of the business may file a complaint on the portal and

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