HOUSE AMENDED
PRIOR PRINTER'S NOS. 474, 913, 986, 1024
986, 1082
PRINTER'S NO. 1088
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
446
Session of
2017
INTRODUCED BY McGARRIGLE, YAW, SCARNATI, RESCHENTHALER, MARTIN,
TOMLINSON, TARTAGLIONE, FOLMER, KILLION, WARD, VULAKOVICH,
BARTOLOTTA, BROWNE, BREWSTER, WAGNER AND RAFFERTY,
MARCH 2, 2017
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 10, 2017
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled,
as amended, "An act providing for and reorganizing the
conduct of the executive and administrative work of the
Commonwealth by the Executive Department thereof and the
administrative departments, boards, commissions, and officers
thereof, including the boards of trustees of State Normal
Schools, or Teachers Colleges; abolishing, creating,
reorganizing or authorizing the reorganization of certain
administrative departments, boards, and commissions; defining
the powers and duties of the Governor and other executive and
administrative officers, and of the several administrative
departments, boards, commissions, and officers; fixing the
salaries of the Governor, Lieutenant Governor, and certain
other executive and administrative officers; providing for
the appointment of certain administrative officers, and of
all deputies and other assistants and employes in certain
departments, boards, and commissions; providing for the
regulation of pari-mutuel thoroughbred horse racing and
harness horse racing activities, imposing certain taxes and
providing for the disposition of funds from pari-mutuel
tickets; and prescribing the manner in which the number and
compensation of the deputies and all other assistants and
employes of certain departments, boards and commissions shall
be determined," in powers and duties of the Department of
Drug and Alcohol Programs, providing for drug and alcohol
recovery houses and establishing the Drug and Alcohol
Recovery House Fund; and making editorial changes. AMENDING
THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED, AS
AMENDED, "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT
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OF THE EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH
BY THE EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
AND COMMISSIONS; PROVIDING FOR THE REGULATION OF PARI-MUTUEL
THOROUGHBRED HORSE RACING AND HARNESS HORSE RACING
ACTIVITIES, IMPOSING CERTAIN TAXES AND PROVIDING FOR THE
DISPOSITION OF FUNDS FROM PARI-MUTUEL TICKETS; AND
PRESCRIBING THE MANNER IN WHICH THE NUMBER AND COMPENSATION
OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND EMPLOYES OF
CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL BE
DETERMINED," FURTHER PROVIDING FOR TITLE OF ACT; IMPLEMENTING
THE 2017-2018 COMMONWEALTH BUDGET AND INSTITUTING FUTURE
BUDGET IMPLEMENTATION; IN ADMINISTRATIVE ORGANIZATION,
PROVIDING FOR EMPLOYEES WITH ACCESS TO FEDERAL TAX
INFORMATION; IN ORGANIZATION OF INDEPENDENT ADMINISTRATIVE
BOARDS AND COMMISSIONS, PROVIDING FOR PENNSYLVANIA COMMISSION
ON CRIME AND DELINQUENCY; IN COMMONWEALTH AGENCY FEES,
PROVIDING FOR HIGHER EDUCATION REGULATORY RESTRICTED ACCOUNT,
FURTHER PROVIDING FOR DEPARTMENT OF HEALTH TO COLLECT FEES,
FOR DEPARTMENT OF LABOR AND INDUSTRY TO COLLECT FEES AND FOR
PENNSYLVANIA STATE POLICE; IN POWERS AND DUTIES OF OFFICE OF
ATTORNEY GENERAL AND ITS DEPARTMENTAL ADMINISTRATIVE BOARDS,
PROVIDING FOR COLLECTIONS BY ATTORNEY GENERAL; IN POWERS AND
DUTIES OF DEPARTMENT OF CORRECTIONS, PROVIDING FOR NOTICE OF
PUBLIC HEARING FOR STATE CORRECTIONAL INSTITUTION CLOSURE;
PROVIDING FOR JOINT UNDERWRITING ASSOCIATION; IN POWERS AND
DUTIES OF DEPARTMENT OF ENVIRONMENTAL PROTECTION, ITS
OFFICERS AND DEPARTMENTAL ADVISORY BOARDS AND COMMISSIONS,
FURTHER PROVIDING FOR ENVIRONMENTAL QUALITY BOARD AND FOR
MUNICIPAL RECYCLING GRANTS AND PROVIDING FOR WATER TREATMENT
FACILITIES; PROVIDING FOR POWERS AND DUTIES OF DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES; IN DEPARTMENT OF AGING,
PROVIDING FOR OLDER ADULT DAILY LIVING CENTERS; IN POWERS AND
DUTIES OF DEPARTMENT OF HUMAN SERVICES AND ITS DEPARTMENTAL
ADMINISTRATIVE AND ADVISORY BOARDS AND COMMISSIONS, PROVIDING
FOR CHILD PROTECTIVE SERVICES FEES; IN POWERS AND DUTIES OF
THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, PROVIDING FOR
DRUG AND ALCOHOL RECOVERY HOUSES; IN POWERS AND DUTIES OF THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION, PROVIDING FOR
ALTERNATIVE ENERGY PORTFOLIO STANDARDS; PROVIDING FOR
JUDICIAL ADMINISTRATION; MAKING EDITORIAL CHANGES; AND MAKING
RELATED REPEALS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XXIII-A of the act of April 9, 1929
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(P.L.177, No.175), known as The Administrative Code of 1929, is
amended by adding a subarticle heading to read:
(a) General Provisions
Section 2. Article XXIII-A of the act is amended by adding a
subarticle to read:
(b) Drug and Alcohol Recovery Houses
Section 2311-A. 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:
"Department." The Department of Drug and Alcohol Programs of
the Commonwealth.
"Drug and alcohol recovery house." Housing for individuals
recovering from drug or alcohol addiction, which provides those
individuals with a safe and supportive drug and alcohol-free
environment, peer support and other recovery support services
that may include coordination of treatment services.
Section 2312-A. Powers and duties of department.
(A) CERTIFICATION AND REFERRALS.-- The department shall
license or certify drug and alcohol recovery houses directly or
through a contracted entity, as defined by department
guidelines, which shall MAY adhere to National Alliance for
Recovery Residences standards with modifications deemed
necessary by the department AND MAY CONSIDER THE RECOMMENDATIONS
OF THE CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSING TASK FORCE .
All referrals from State agencies or State-funded facilities
shall be to licensed or certified drug and alcohol recovery
houses, and only licensed or certified recovery houses may be
eligible to receive Federal or State funding to deliver drug and
alcohol recovery housing services. INDIVIDUALS WHOSE TREATMENT
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IS FUNDED WITH FEDERAL OR STATE FUNDING SHALL ONLY BE REFERRED
TO A CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE. A STATE OR
COUNTY COURT MAY REQUIRE AN INDIVIDUAL UNDER THE JURISDICTION OF
THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE TO RESIDE IN A
CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE. REFERRALS TO A
CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSE MADE UNDER THIS
SECTION SHALL BE MADE BASED ON CERTIFIED DRUG AND ALCOHOL
RECOVERY HOUSE AVAILABILITY.
(B) TIMING.--LICENSURE OR CERTIFICATION SHALL OCCUR NO LATER
THAN TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION.
Section 2313-A. Regulations for licensure or certification of
drug and alcohol recovery houses.
(a) Regulations.--The department may promulgate regulations
for the licensure or certification of drug and alcohol recovery
houses that receive funds or referrals from the department, or a
Federal, State or other county agency, to ensure that the drug
and alcohol recovery houses provide a safe environment for
residents. The regulations may include, but not be limited to,
the following:
(1) Upon admission, ensuring that residents are informed
of all drug and alcohol recovery house rules, residency
requirements and lease agreements.
(2) Policies and procedures for management of all funds
received and expended by the drug and alcohol recovery house
in accordance with standard accounting practices, including
funds received from or managed on behalf of residents of the
house. As used in this paragraph, the term "funds" does not
include public assistance benefits, including, but not
limited to, medical assistance, cash assistance and food
stamps.
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(3) Policies and procedures addressing the safety and
protection of residents.
(4) Policies that promote recovery by requiring resident
participation in treatment, self-help groups or other
recovery supports.
(5) Policies requiring abstinence from alcohol and other
illicit drugs.
(6) Procedures regarding appropriate use and security of
medication.
(7) The maintenance of the property in which the drug
and alcohol recovery house is located, including, but not
limited to, the installation of functioning smoke detectors,
carbon monoxide detectors and fire extinguishers.
(8) Policies and procedures which prohibit an owner,
house administrator or employee of a drug and alcohol
recovery house from requiring a resident to sign any document
for the purpose of relinquishing the resident's public
assistance benefits, including, but not limited to, medical
assistance, cash assistance and food stamps.
(9) POLICIES PROHIBITING AN OWNER, HOUSE ADMINISTRATOR
OR EMPLOYEE FROM OFFERING, PAYING, SOLICITING OR RECEIVING A
COMMISSION, BONUS OR REBATE, DIRECTLY OR INDIRECTLY, IN CASH
OR IN KIND, OR ENGAGING IN A SPLIT-FEE ARRANGEMENT FOR ANY OF
THE FOLLOWING:
(I) TO INDUCE THE REFERRAL OF PATIENTS OR PATRONAGE
TO OR FROM A HEALTH CARE PROVIDER, HEALTH CARE FACILITY
OR OTHER THIRD-PARTY ENTITY; OR
(II) IN RETURN FOR THE ACCEPTANCE OR ACKNOWLEDGMENT
OF SERVICES FROM A HEALTH CARE PROVIDER, HEALTH CARE
FACILITY OR THIRD-PARTY ENTITY.
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(10) PROCEDURES FOR THE HANDLING AND FOLLOW-UP OF
COMPLAINTS.
(11) REQUIREMENTS FOR CRIMINAL HISTORY BACKGROUND CHECKS
FOR AN OWNER, ADMINISTRATOR, CHIEF FINANCIAL OFFICER,
EMPLOYEE AND VOLUNTEER, INCLUDING FEES FOR CRIMINAL HISTORY
BACKGROUND CHECKS AND RESTRICTIONS ON INDIVIDUALS WHO HAVE
CERTAIN CONVICTIONS.
(12) REQUIREMENTS FOR NOTIFICATION OF A FAMILY MEMBER
UNDER CERTAIN CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
DEATH DUE TO AN OVERDOSE.
(13) REQUIREMENTS FOR A SUSPENSION AND REVOCATION OF
CERTIFICATION DUE TO NONCOMPLIANCE AND A REAPPLICATION
PROCESS.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, regulations promulgated
by the department shall be deemed temporary regulations that
shall not expire for a period of three years following
publication. Temporary regulations shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law .
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act .
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act .
(c) Expiration of authority.--The authority of the
department to promulgate temporary regulations under subsection
(b) shall expire three years after the effective date of this
section. Regulations adopted after this period shall be
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promulgated as provided by law.
Section 2314-A. Funding.
A drug and alcohol recovery house or other recovery house
shall not be authorized to provide services or receive funding
from the department or any Federal, State or county agency
without licensure or certification.
Section 2315-A. Licensure or certification.
(a) Time period.--Licensure or certification shall last for
a period of two years.
(b) Compliance of existing drug and alcohol recovery
houses.--A drug and alcohol recovery house in existence on the
HOUSES.--
(1) A DRUG AND ALCOHOL RECOVERY HOUSE IN EXISTENCE ON
THE effective date of this section may be deemed licensed or
certified by the department after inspection and if the drug
and alcohol recovery house provides documentation to the
department within 180 days after the promulgation of
regulations by the department that it is in compliance with
the regulations promulgated by the department. INSPECTIONS
SHALL BE PERFORMED ON AN ANNUAL BASIS.
(2) THE INSPECTION REQUIRED UNDER PARAGRAPH (1) SHALL BE
COMPLETED BY THE DEPARTMENT, A SINGLE COUNTY AUTHORITY
APPROVED BY THE DEPARTMENT OR A CONTRACTED THIRD PARTY OF
EITHER.
(c) Fee FEES .--The department shall establish a fee FEES to
be paid by each drug and alcohol recovery house adequate to
carry out the provisions of this subarticle. FEES SHALL INCLUDE
THE APPLICATION FOR RECERTIFICATION DUE TO NONCOMPLIANCE.
Section 2316-A. Registry.
The department shall create and maintain a publicly
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accessible registry on its publicly accessible Internet website
of all licensed or certified drug and alcohol recovery houses
within this Commonwealth, which shall be updated annually by the
department.
Section 2317-A. Violations.
(a) Penalties.--A person owning a drug and alcohol recovery
house that is funded, in whole or in part, with funding from the
department, or a Federal, other State or county agency, that has
failed to attain or maintain licensure or certification of a
drug and alcohol recovery house and has not been licensed or
certified by the department shall pay a fine of $1,000 for each
violation.
(b) Referral.--If the department determines a drug and
alcohol recovery house is not in compliance with this article
due to an alleged violation of any Federal, State or local law,
the department shall refer the matter to the appropriate agency
for investigation.
Section 2318-A. Restricted account.
All fines and fees collected shall be deposited into a
restricted account in the department which is established and
shall be known as the Drug and Alcohol Recovery House Fund.
Money in this account is to be utilized for the enforcement of
this subarticle.
Section 2319-A. Compliance with other laws.
In order to receive and maintain licensure or certification,
all drug and alcohol recovery houses must be in compliance with
all Federal, State and local ordinances. Failure to comply or
remain in compliance shall result in loss of licensure or
certification and removal from the registry.
Section 3. This act shall take effect in 120 180 days.
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SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
ADMINISTRATION OF THE 2017-2018 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THE
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT, "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
THE 2017-2018 BUDGET IMPLEMENTATION AND THE ADMINISTRATION OF
STATE GOVERNMENT WHICH IMPACT REVENUE MAY BE REQUIRED TO
DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATIONS ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES ADMINISTRATIVE ACTION RELATED
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TO APPROPRIATIONS. ULTIMATELY, THE BUDGET HAS TO BE BALANCED
UNDER SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA. THIS MAY NECESSITATE ADMINISTRATIVE CHANGES AND
THE ENACTMENT OF STATUTES TO ACHIEVE FULL COMPLIANCE WITH
THESE CONSTITUTIONAL PROVISIONS.
(6) AMONG THE MANY ADMINISTRATIVE CHALLENGES FACED BY
THE COMMONWEALTH IS USE OF FINANCIAL RESOURCES FOR HEALTH
CARE. CENTRAL TO THE HEALTH CARE CRISIS IN THIS COMMONWEALTH
IS SUBSTANCE DEPENDENCE.
(7) FOR THE REASONS SET FORTH IN PARAGRAPHS (1) THROUGH
(6), IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH THIS
ACT TO PROVIDE FOR THE ADMINISTRATIVE IMPLEMENTATION OF THE
2017-2018 COMMONWEALTH BUDGET.
(8) EVERY PROVISION OF THIS ACT RELATES TO THE
ADMINISTRATIVE IMPLEMENTATION OF THE OPERATING BUDGET OF THE
COMMONWEALTH FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS
THE ADMINISTRATIVE OPERATIONS AND POTENTIAL LIABILITIES OF
THE COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO
IMPLEMENT THE 2017-2018 COMMONWEALTH BUDGET WITHOUT
SPECIFICALLY APPROPRIATING PUBLIC MONEY FROM THE GENERAL
FUND. THIS ACT PROVIDES ADMINISTRATIVE ACCOUNTABILITY FOR
SPENDING AND MAKES 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 ,
2017 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION
ACT OF 2017.
SECTION 1.1. THE TITLE OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED TO
READ:
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AN ACT
PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE EXECUTIVE AND
ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE EXECUTIVE
DEPARTMENT THEREOF AND THE ADMINISTRATIVE DEPARTMENTS,
BOARDS, COMMISSIONS, AND OFFICERS THEREOF, INCLUDING THE
BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR TEACHERS
COLLEGES; ABOLISHING, CREATING, REORGANIZING OR AUTHORIZING
THE REORGANIZATION OF CERTAIN ADMINISTRATIVE DEPARTMENTS,
BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND DUTIES OF
THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE OFFICERS,
AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS, BOARDS,
COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
AND COMMISSIONS; [PROVIDING FOR THE REGULATION OF PARI-MUTUEL
THOROUGHBRED HORSE RACING AND HARNESS HORSE RACING
ACTIVITIES, IMPOSING CERTAIN TAXES AND PROVIDING FOR THE
DISPOSITION OF FUNDS FROM PARI-MUTUEL TICKETS;] PROVIDING FOR
JUDICIAL ADMINISTRATION; AND PRESCRIBING THE MANNER IN WHICH
THE NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
COMMISSIONS SHALL BE DETERMINED."
SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 225. EMPLOYES WITH ACCESS TO FEDERAL TAX
INFORMATION.--(A) AS REQUIRED UNDER ANY FEDERAL LAW, REGULATION
OR PUBLISHED GUIDANCE FROM THE INTERNAL REVENUE SERVICE, AN
EMPLOYE OR PROSPECTIVE EMPLOYE WHOSE DUTIES AND RESPONSIBILITIES
REQUIRE OR WILL REQUIRE ACCESS TO FEDERAL TAX INFORMATION SHALL
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SUBMIT ALL OF THE FOLLOWING TO THE EMPLOYE'S OR PROSPECTIVE
EMPLOYE'S EMPLOYER:
(1) A REPORT OF FEDERAL CRIMINAL HISTORY RECORD INFORMATION.
(2) A REPORT OF CRIMINAL HISTORY RECORD INFORMATION FROM THE
PENNSYLVANIA STATE POLICE AS PROVIDED UNDER 18 PA.C.S. CH. 91
(RELATING TO CRIMINAL HISTORY RECORD INFORMATION) OR A STATEMENT
FROM THE PENNSYLVANIA STATE POLICE THAT THE PENNSYLVANIA STATE
POLICE CENTRAL REPOSITORY CONTAINS NO INFORMATION RELATING TO
THE INDIVIDUAL. THE CRIMINAL HISTORY RECORD INFORMATION SHALL BE
LIMITED TO THAT WHICH IS DISSEMINATED UNDER 18 PA.C.S. § 9121(B)
(2) (RELATING TO GENERAL REGULATIONS).
(3) VALIDATION OF THE EMPLOYE'S OR PROSPECTIVE EMPLOYE'S
ELIGIBILITY TO LEGALLY WORK IN THE UNITED STATES.
(B) FOR THE PURPOSE OF COMPLYING WITH SUBSECTION (A)(1), AN
EMPLOYE OR PROSPECTIVE EMPLOYE SHALL PROVIDE FINGERPRINTS TO THE
PENNSYLVANIA STATE POLICE, ITS AGENT OR AN AGENT APPROVED FOR
FINGERPRINTING BY THE FEDERAL GOVERNMENT. THE FINGERPRINTS MAY
BE USED BY THE PENNSYLVANIA STATE POLICE TO CONDUCT A CRIMINAL
BACKGROUND CHECK AND SHALL BE FORWARDED TO THE FEDERAL BUREAU OF
INVESTIGATION FOR A NATIONAL CRIMINAL BACKGROUND CHECK.
(C) (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), INFORMATION
RELATING TO AN EMPLOYE OR PROSPECTIVE EMPLOYE SUBMITTED TO OR
OBTAINED BY AN EMPLOYER OR PROSPECTIVE EMPLOYER UNDER THIS
SECTION SHALL BE INTERPRETED AND USED ONLY TO DETERMINE THE
EMPLOYE'S OR PROSPECTIVE EMPLOYE'S CHARACTER, FITNESS AND
SUITABILITY TO ACCESS FEDERAL TAX INFORMATION.
(2) AN EMPLOYER MAY UTILIZE INFORMATION OBTAINED UNDER THIS
SECTION FOR EMPLOYMENT DECISIONS, INCLUDING HIRING OF AN
APPLICANT, PROMOTION OF A CURRENT EMPLOYE OR DISCIPLINARY ACTION
AGAINST AN EMPLOYE REGARDING A POSITION THAT REQUIRES ACCESS TO
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FEDERAL TAX INFORMATION.
(3) AN EMPLOYER MAY RECEIVE AND RETAIN INFORMATION
CONSISTENT WITH THIS SECTION THAT IS OTHERWISE PROTECTED UNDER
18 PA.C.S. CH. 91, SUBJECT TO ANY REQUIREMENTS RELATED TO
REDACTION AS SPECIFIED IN 18 PA.C.S. § 9121(B)(2).
(D) AN INDIVIDUAL WHO HAS BEEN CLEARED TO ACCESS FEDERAL TAX
INFORMATION UNDER THIS SECTION SHALL REAPPLY FOR CLEARANCE UNDER
SUBSECTIONS (A) AND (B) WITHIN TEN YEARS OF THE ISSUANCE OF THE
PRIOR CLEARANCE UNLESS THE EMPLOYER PARTICIPATES IN A PROGRAM
EXEMPTING EMPLOYES FROM CLEARANCE.
(E) A COMMONWEALTH AGENCY RECEIVING FEDERAL TAX INFORMATION
THAT TRANSFERS THE FEDERAL TAX INFORMATION TO ANY OTHER ENTITY,
EXCEPT AS IT INVOLVES A FEDERAL OR STATE COURT OR THE BOARD OF
FINANCE AND REVENUE AS PART OF A LEGAL PROCEEDING BEFORE THE
SAME, MAY AUDIT THAT ENTITY TO DETERMINE COMPLIANCE WITH THIS
SECTION.
(F) THE DEPARTMENT OF REVENUE SHALL PUBLISH GUIDELINES TO
IMPLEMENT THIS SECTION.
(G) 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:
"EMPLOYER." ANY COMMONWEALTH AGENCY, OFFICE, DEPARTMENT,
AUTHORITY, BOARD, MULTISTATE AGENCY OR COMMISSION OF THE
EXECUTIVE BRANCH, AN INDEPENDENT AGENCY OR STATE-AFFILIATED
ENTITY, POLITICAL SUBDIVISION OR A CONTRACTOR THEREOF, RECEIVING
FEDERAL TAX INFORMATION, EVEN THOUGH THE FEDERAL TAX INFORMATION
MAY BE FORWARDED TO ANOTHER COMMONWEALTH AGENCY, POLITICAL
SUBDIVISION OR CONTRACTOR, FROM ANY OF THE FOLLOWING:
(1) THE INTERNAL REVENUE SERVICE.
(2) THE SOCIAL SECURITY ADMINISTRATION.
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(3) UNDER SECTION 6103 OF THE INTERNAL REVENUE CODE OF 1986
(PUBLIC LAW 99-514, 26 U.S.C. § 6103).
(4) BY EXCHANGE AGREEMENT APPROVED BY THE INTERNAL REVENUE
SERVICE.
(5) ANY OTHER SECONDARY SOURCE.
"FEDERAL TAX INFORMATION." INCLUDES ANY "RETURN" OR "RETURN
INFORMATION" AS DEFINED IN SECTION 6103 OF THE INTERNAL REVENUE
CODE OF 1986.
SECTION 310. PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.--THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING SECTION 2(B)(1) OF THE ACT OF NOVEMBER
22, 1978 (P.L.1166, NO.274), REFERRED TO AS THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF THE ATTORNEY GENERAL OR A DESIGNEE.
(2) NOTWITHSTANDING SECTION 2(B)(6) OF THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE
AND THE CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES OR THE CHAIRPERSONS' DESIGNATED LEGISLATIVE
STAFF.
(3) NOTWITHSTANDING SECTION 2(B)(8) OF THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY LAW, THE COMPOSITION OF THE
PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL CONSIST
OF FOUR MEMBERS OF THE GENERAL ASSEMBLY OR THE MEMBERS'
DESIGNATED LEGISLATIVE STAFF, OF WHOM ONE SHALL BE DESIGNATED
BY, AND SERVE AT THE PLEASURE OF, THE PRESIDENT PRO TEMPORE OF
THE SENATE, ONE BY THE MINORITY LEADER OF THE SENATE, ONE BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE BY THE MINORITY
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LEADER OF THE HOUSE OF REPRESENTATIVES.
SECTION 606.1-A. HIGHER EDUCATION REGULATORY RESTRICTED
ACCOUNT.--(A) THE HIGHER EDUCATION REGULATORY RESTRICTED
ACCOUNT IS ESTABLISHED AS A RESTRICTED ACCOUNT WITHIN THE
GENERAL FUND OF THE STATE TREASURY FROM WHICH THE DEPARTMENT OF
EDUCATION MAY EXPEND MONEY FOR THE PURPOSE OF THE COSTS OF
ADMINISTERING AND IMPLEMENTING 24 PA.C.S. CH. 65 (RELATING TO
PRIVATE COLLEGES, UNIVERSITIES AND SEMINARIES) AND ALL OTHER
COSTS ASSOCIATED WITH THE ACTIVITIES OF THE DEPARTMENT RELATED
TO THE MANDATED SERVICES AND REGULATION OF DEGREE-GRANTING
INSTITUTIONS. THE RESTRICTED ACCOUNT SHALL CONSIST OF THE FEES
DEPOSITED UNDER SUBSECTION (B) AND STATE FUNDS APPROPRIATED FOR
USE UNDER THIS SECTION. THE RESTRICTED ACCOUNT SHALL BE SUBJECT
TO AUDIT BY THE AUDITOR GENERAL.
(B) THE DEPARTMENT SHALL COLLECT A FEE FOR SERVICES PROVIDED
TO DEGREE-GRANTING INSTITUTIONS. THE FEES ARE AS FOLLOWS:
(1) FOR AN APPLICATION FOR APPROVAL OF A
SPECIALIZED ASSOCIATE DEGREE ............. $1,000
(2) FOR AN APPLICATION FOR APPROVAL OF A NEW
DEGREE OR PROGRAM AT AN INSTITUTION OF
HIGHER EDUCATION ......................... 1,400
(3) FOR AN APPLICATION FOR A NEW DEGREE-
GRANTING INSTITUTION OR A CHANGE FROM
PRIVATE LICENSED SCHOOL TO COLLEGE OR
UNIVERSITY ...............................
5,000
(4) FOR AN APPLICATION TO CHANGE STATUS FROM
COLLEGE OR SEMINARY TO UNIVERSITY ........ 1,000
(5) FOR AN APPLICATION FOR EDUCATION
ENTERPRISE STATUS ........................ 10,000
(6) TO RENEW STATUS AS AN EDUCATION
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ENTERPRISE ............................... 2,000
(7) FOR REGISTRATION OF AN OUT-OF-STATE
DISTANCE EDUCATION PROVIDER THAT IS NOT A
PARTICIPANT IN THE STATE AUTHORIZATION
RECIPROCITY AGREEMENT .................... 5,000
(8) FOR AN APPLICATION FOR APPROVAL TO USE
THE WORD "COLLEGE," "UNIVERSITY" OR
"SEMINARY" IN A BUSINESS NAME ............ 100
(C) THE FEES COLLECTED UNDER SUBSECTION (B) SHALL BE
DEPOSITED INTO THE HIGHER EDUCATION REGULATORY RESTRICTED
ACCOUNT.
(D) THE FEES IMPOSED UNDER THIS SECTION SHALL REMAIN IN
EFFECT UNTIL REVISED BY THE STATE BOARD OF EDUCATION. IF THE
REVENUES RAISED BY FEES IMPOSED UNDER THIS SECTION ARE NOT
SUFFICIENT TO MEET EXPENSES PROJECTED FOR A TWO-YEAR PERIOD, THE
STATE BOARD OF EDUCATION SHALL INCREASE THE FEES BY REGULATION
SO THAT THE PROJECTED REVENUE WILL MEET OR EXCEED PROJECTED
EXPENDITURES.
SECTION 3. SECTIONS 609-A, 613-A AND 616-A OF THE ACT ARE
AMENDED TO READ:
SECTION 609-A. DEPARTMENT OF HEALTH.--THE DEPARTMENT OF
HEALTH IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING PURPOSES
AND IN THE FOLLOWING AMOUNTS:
(1) PERMIT FOR OPERATION OF CLINICAL
LABORATORY................................. $100.00
(2) PROVISIONAL APPROVAL ISSUED TO NURSING
HOMES:
(I) PROVISIONAL LICENSE:
(A) FIRST PROVISIONAL................. 100.00
EACH APPROVED NURSING HOME BED...... 2.00
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(B) SECOND PROVISIONAL................ 200.00
EACH APPROVED NURSING HOME BED...... 2.00
(C) THIRD PROVISIONAL................. 300.00
EACH APPROVED NURSING HOME BED...... 2.00
(D) FOURTH PROVISIONAL................ 400.00
EACH APPROVED NURSING HOME BED...... 2.00
(4) NURSING HOMES:
(I) REGULAR LICENSE....................... 100.00
EACH INPATIENT BED..................... 2.00
(II) RENEWAL OF REGULAR LICENSE........... 100.00
EACH INPATIENT BED..................... 2.00
(5) HOME HEALTH CARE AGENCY:
(I) LICENSE............................... 200.00
(6) VITAL STATISTICS:
(I) CERTIFIED COPY OF A BIRTH RECORD...... 20.00
(II) CERTIFIED COPY OF A DEATH RECORD..... [9.00] 20.00
SECTION 613-A. [DEPARTMENT OF LABOR AND INDUSTRY.--THE
DEPARTMENT OF LABOR AND INDUSTRY IS AUTHORIZED TO CHARGE FEES
FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
(1) FEES FOR UNFIRED PRESSURE VESSELS AND
BOILERS:
(I) CERTIFICATE OF OPERATIONS:
(A) UNFIRED PRESSURE VESSELS.......... $44.00
(B) BOILERS........................... 22.00
(II) FOR THE INTERNAL INSPECTION OF POWER
BOILERS, HIGH PRESSURE, HIGH TEMPERATURE
WATER BOILERS AND MINIATURE BOILERS, THE
FEES SHALL BE AS FOLLOWS:
(A) BOILERS OF 50 SQUARE FEET OF
HEATING SURFACE OR LESS............. 22.00
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(B) BOILERS OVER 50 SQUARE FEET OF
HEATING SURFACE AND LESS THAN 4,000
SQUARE FEET OF HEATING SURFACE...... 36.00
(C) BOILERS OVER 4,000 SQUARE FEET OF
HEATING SURFACE OR MORE AND LESS THAN
10,000 SQUARE FEET OF HEATING SURFACE
.................................... 51.00
(D) BOILERS OVER 10,000 SQUARE FEET OF
HEATING SURFACE OR MORE............. 58.00
(E) MINIATURE BOILERS................. 15.00
(III) FOR THE EXTERNAL INSPECTION OF POWER
BOILERS, HIGH PRESSURE AND HIGH
TEMPERATURE WATER BOILERS, THE FEES
SHALL BE AS FOLLOWS:
(A) BOILERS OF 50 SQUARE FEET OF
HEATING SURFACE OR LESS............. 15.00
(B) BOILERS OVER 50 SQUARE FEET OF
HEATING SURFACE..................... 22.00
(C) NOT MORE THAN $50 PLUS THE ANNUAL
CERTIFICATE FEE SHALL BE COLLECTED
FOR ANY AND ALL INSPECTION ABOVE OF
ANY BOILER IN ANY ONE YEAR.
(IV) FOR THE INTERNAL OR EXTERNAL
INSPECTION OF LOW PRESSURE BOILERS, THE
FEES SHALL BE AS FOLLOWS:
(A) HEATING BOILERS WITHOUT A
MANHOLE............................. 18.00
(B) HEATING BOILERS WITH A MANHOLE. . . . 22.00
(C) HOT WATER SUPPLY BOILERS.......... 15.00
(D) NOT MORE THAN $50 PLUS THE ANNUAL
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CERTIFICATE FEE SHALL BE COLLECTED
FOR ANY AND ALL INSPECTIONS AS ABOVE
OF ANY LOW PRESSURE BOILER IN ANY
REQUIRED INSPECTION PERIOD.
(V) FOR THE INTERNAL OR EXTERNAL INSPECTION
OF PRESSURE VESSELS, THE FEES SHALL BE
AS FOLLOWS:
(A) EACH PRESSURE VESSEL SUBJECT TO
INSPECTION HAVING A CROSS SECTIONAL
AREA OF 50 SQUARE FEET OR LESS...... 15.00
(B) EACH ADDITIONAL 100 SQUARE FEET OF
AREA IN EXCESS OF 50 SQUARE FEET.... 15.00
(C) NOT MORE THAN $75 SHALL BE PAID FOR
EACH INSPECTION ON ANY ONE VESSEL.
(D) A GROUP OF PRESSURE VESSELS, SUCH
AS THE ROLLS OF A PAPER MACHINE FOR
DRYER OPERATING AS A SINGLE MACHINE
OR UNIT, SHALL BE CONSIDERED ONE
PRESSURE VESSEL. NOT MORE THAN $75
PLUS ANNUAL CERTIFICATE FEE SHALL BE
COLLECTED FOR ANY AND ALL INSPECTIONS
AS ABOVE OF ANY PRESSURE VESSEL IN
ANY REQUIRED INSPECTION PERIOD,
EXCEPT IN SUCH CASES WHERE THE VESSEL
IS MOVED.
(VI) APPROVAL OF PLANS:
(A) COMPLETE MECHANICAL ROOM DRAWINGS -
BOILERS AND OTHER VESSELS........... 73.00
(B) HIGH PRESSURE BOILERS............. 29.00
(C) LOW PRESSURE BOILERS.............. 29.00
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(VII) BOILER INSPECTORS:
(A) INSPECTOR'S EXAMINATION FEE....... 44.00
(B) CERTIFICATE OF COMPETENCY AND
COMMISSION FEE...................... 22.00
(C) NEW CREDENTIAL CARD FEE (ANNUAL
RENEWAL)............................ 15.00
(VIII) HYDROSTATIC TEST (WITNESSED)....... 22.00
(IX) ONSITE CONSULTATION FEE (PER HOUR)... 29.00
(X) INSPECTION OF REPAIR FEE.............. 15.00
(XI) ASME SHOP SURVEY FEE.................
FULL DAY............................... 726.00
HALF DAY............................... 363.00
(XII) COPY OF DEPARTMENT BOILER REGULATIONS
....................................... 7.00
(XIII) ACCEPTANCE OF BOILERS AND PRESSURE
VESSELS NOT ORIGINALLY DESTINED FOR USE
WITHIN THE COMMONWEALTH................ 726.00
(2) FEES FOR ELEVATORS:
(I) INSPECTOR'S EXAMINATION FEE........... 73.00
(II) COMMISSION FEE AND INITIAL CREDENTIAL
CARD................................... 51.00
(III) RENEWAL CREDENTIAL CARD FEE......... 29.00
(IV) PLANS APPROVAL APPLICATION:
(A) PASSENGER, FREIGHT AND COMBINATION
PASSENGER/FREIGHT ELEVATORS EXCEPT
HYDRAULIC ELEVATORS:
(1) 1-7 FLOORS..................... 363.00
(2) 8-20 FLOORS.................... 436.00
(3) MORE THAN 20 FLOORS............ 508.00
(B) HYDRAULIC PASSENGER, FREIGHT AND
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COMBINATION PASSENGER/FREIGHT
ELEVATORS AND OTHER LIFTING
DEVICES............................. 290.00
(C) SKI LIFTS......................... 508.00
(D) ESCALATORS........................ 290.00
(V) MAJOR REPAIRS......................... 145.00
(VI) CERTIFICATE RENEWALS................. 36.00
(VII) ELEVATOR INSPECTIONS:
(A) PASSENGER, FREIGHT AND COMBINATION
PASSENGER/FREIGHT ELEVATORS EXCEPT
HYDRAULIC ELEVATORS:
(1) 1-7 FLOORS..................... 94.00
(2) 8-20 FLOORS.................... 116.00
(3) MORE THAN 20 FLOORS............ 145.00
(B) HYDRAULIC PASSENGER, FREIGHT AND
COMBINATION PASSENGER/FREIGHT
ELEVATORS AND OTHER LIFTING DEVICES.. 73.00
(C) SKI LIFTS......................... 145.00
(D) ESCALATORS........................ 94.00
(VIII) SPECIAL APPROVAL................... 508.00
(IX) REINSPECTION FOLLOWING FAILED INITIAL
ACCEPTANCE INSPECTION.................. 145.00
(X) REINSPECTION FOLLOWING FAILURE TO
CORRECT VIOLATIONS WITHIN ALLOTTED TIME
PERIOD................................. 73.00
(XI) COPY OF DEPARTMENT ELEVATOR
REGULATIONS............................ 7.00
(XII) DUPLICATE CERTIFICATE OF OPERATION. . 15.00
(3) FEES FOR LIQUEFIED PETROLEUM GAS:
(I) BULK PLANTS 30,000 GALLONS OR LESS.... 90.00
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(II) BULK PLANTS 30,001 - 90,000 GALLONS. . 135.00
(III) BULK PLANTS 90,001 OR MORE GALLONS. . 180.00
(IV) INDUSTRIAL/UTILITY USERS 2,001 -
30,000 GALLONS......................... 45.00
(V) INDUSTRIAL/UTILITY USERS 30,001 -
180,000 GALLONS........................ 90.00
(VI) INDUSTRIAL/UTILITY USERS 180,001 OR
MORE GALLONS........................... 180.00
(VII) DEALERS HAVING LESS THAN 1,000
CUSTOMERS.............................. 112.50
(VIII) DEALERS HAVING 1,000 - 2,999
CUSTOMERS.............................. 235.00
(IX) DEALERS HAVING 3,000 - 5,999 CUSTOMERS
....................................... 337.50
(X) DEALERS HAVING 6,000 OR MORE
CUSTOMERS.............................. 450.00
(XI) LP GAS PLOT PLAN FEE................. 20.00
(XII) COPY OF DEPARTMENT LP GAS
REGULATIONS............................ 5.00
(4) FEES FOR BUILDING PLANS APPROVAL.......... ACTUAL COST
INCURRED IN
EXAMINATION
(5) FEES FOR DRY CLEANING AND DYEING APPROVAL. 75.00
(6) FEES FOR PROJECTIONIST LICENSING
(I) APPRENTICE FEE........................ 5.00
(II) EXAMINATION FEE...................... 5.00
(III) RENEWAL FEE......................... 10.00
(IV) PROJECTIONIST LICENSE................ 7.50
(V) NONTHEATRICAL RENEWAL................. 3.00
(VI) APPRENTICE RENEWAL................... 2.00
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(7) FEES FOR BEDDING AND UPHOLSTERY:
(I) SALE OF STAMPS........................ 2 1/2 CENTS
(II) REGISTRATION......................... 10.00
(III) MANUFACTURER'S LICENSE.............. 50.00
(IV) STERILIZATION PERMIT................. 25.00
(V) STERILIZATION RENEWAL................. 10.00
(VI) AUCTIONEER PERMIT.................... 25.00
(VII) AUCTIONEER RENEWAL.................. 10.00
(VIII) QUARTERLY REPORTS.................. 2 1/2 CENTS
(8) FEES FOR PRIVATE EMPLOYMENT AGENCY
LICENSES:
(I) AGENCY LICENSES....................... 300.00
(II) COUNSELOR LICENSES................... 50.00
(III) COUNSELOR LICENSE RENEWAL........... 10.00]
DEPARTMENT OF LABOR AND INDUSTRY TO COLLECT FEES.--(A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT OF
LABOR AND INDUSTRY IS AUTHORIZED TO CHARGE FEES FOR THE
FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
(1) FEES FOR UNFIRED PRESSURE VESSELS AND
BOILERS:
(I) CERTIFICATE OF OPERATIONS:
(A) UNFIRED PRESSURE VESSELS ................ $72
(B) BOILERS ................................. 44
(II) FOR THE INTERNAL INSPECTION OF POWER
BOILERS, HIGH-PRESSURE, HIGH-TEMPERATURE WATER
BOILERS AND MINIATURE BOILERS, THE FEES SHALL BE
AS FOLLOWS:
(A) BOILERS OF 50 SQUARE FEET OR LESS OF
HEATING SURFACE:
(I) STANDARD FEE ............................ 65
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(II) FOR EXPEDITED INSPECTIONS .............. 165
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(B) BOILERS WITH MORE THAN 50 SQUARE FEET OF
HEATING SURFACE AND LESS THAN 4,000 SQUARE FEET
OF HEATING SURFACE:
(I) STANDARD FEE ............................ 125
(II) FOR EXPEDITED INSPECTIONS .............. 225
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(C) BOILERS WITH MORE THAN 4,000 SQUARE FEET
OF HEATING SURFACE AND LESS THAN 10,000 SQUARE
FEET OF HEATING SURFACE:
(I) STANDARD FEE ............................ 175
(II) FOR EXPEDITED INSPECTIONS .............. 275
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
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NORMAL
BUSINESS HOURS
(D) BOILERS WITH 10,000 OR MORE SQUARE FEET
OF HEATING SURFACE:
(I) STANDARD FEE ............................ 210
(II) FOR EXPEDITED INSPECTIONS .............. 310
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(E) MINIATURE BOILERS:
(I) STANDARD FEE ............................ 35
(II) FOR EXPEDITED INSPECTIONS .............. 135
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(III) FOR THE EXTERNAL INSPECTION OF POWER
BOILERS, HIGH-PRESSURE AND HIGH-TEMPERATURE WATER
BOILERS, THE FEES SHALL BE AS FOLLOWS:
(A) BOILERS WITH 50 SQUARE FEET OR LESS OF
HEATING SURFACE:
(I) STANDARD FEE ............................ 55
(II) FOR EXPEDITED INSPECTIONS .............. 155
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PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(B) BOILERS WITH MORE THAN 50 SQUARE FEET OF
HEATING SURFACE:
(I) STANDARD FEE ............................ 80
(II) FOR EXPEDITED INSPECTIONS .............. 180
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(IV) FOR THE INTERNAL OR EXTERNAL INSPECTION
OF LOW-PRESSURE BOILERS, THE FEES SHALL BE AS
FOLLOWS:
(A) HEATING BOILERS WITHOUT A MANHOLE:
(I) STANDARD FEE ............................ 55
(II) FOR EXPEDITED INSPECTIONS .............. 155
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
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BUSINESS HOURS
(B) HEATING BOILERS WITH A MANHOLE:
(I) STANDARD FEE ............................ 100
(II) FOR EXPEDITED INSPECTIONS .............. 200
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(C) HOT WATER SUPPLY BOILERS:
(I) STANDARD FEE ............................ 55
(II) FOR EXPEDITED INSPECTIONS .............. 155
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(V) FOR THE INTERNAL OR EXTERNAL INSPECTION
OF PRESSURE VESSELS, THE FEES SHALL BE AS
FOLLOWS:
(A) PRESSURE VESSELS SUBJECT TO INSPECTION
HAVING A CROSS-SECTIONAL AREA OF 50 SQUARE FEET
OR LESS:
(I) STANDARD FEE ............................ 45
(II) FOR EXPEDITED INSPECTIONS .............. 145
PLUS $160
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22
23
24
25
26
27
28
29
30
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(B) EACH ADDITIONAL 100 SQUARE FEET OF AREA
IN EXCESS OF 50 SQUARE FEET:
(I) STANDARD FEE ............................ 45
(II) FOR EXPEDITED INSPECTIONS .............. 145
PER EACH
ADDITIONAL 100
SQUARE FEET IN
AREA IN EXCESS
OF 50 SQUARE
FEET PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(C) A GROUP OF PRESSURE VESSELS, SUCH AS THE
ROLLS OF A PAPER MACHINE FOR A DRYER OPERATING AS
A SINGLE MACHINE OR UNIT, SHALL BE CONSIDERED ONE
PRESSURE VESSEL.
(VI) INTENT TO INSTALL APPROVAL:
(A) COMPLETE MECHANICAL ROOM DRAWINGS -
BOILERS AND OTHER VESSELS:
(I) STANDARD FEE ............................ 165
20170SB0446PN1088 - 28 -
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(II) FOR EXPEDITED APPROVAL ................. 1,165
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(B) HIGH-PRESSURE BOILERS:
(I) STANDARD FEE ............................ 100
(II) FOR EXPEDITED APPROVAL ................. 1,100
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(C) LOW-PRESSURE BOILERS:
(I) STANDARD FEE ............................ 100
(II) FOR EXPEDITED APPROVAL ................. 1,100
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(VII) BOILER INSPECTORS:
(A) INSPECTOR'S EXAMINATION FEE ............. 150
20170SB0446PN1088 - 29 -
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(B) NEW CREDENTIAL CARD (ANNUAL RENEWAL) . . . . 25
(VIII) HYDROSTATIC TEST (WITNESSED):
(A) STANDARD FEE ............................ 65
(B) FOR EXPEDITED ACTION .................... 165
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(IX) INSPECTION OF REPAIR FEE:
(A) STANDARD FEE ............................ 65
(B) FOR EXPEDITED INSPECTION ................ 165
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(X) COPY OF DEPARTMENT BOILER REGULATIONS . . . 7
(XI) ACCEPTANCE OF BOILERS AND PRESSURE
VESSELS NOT ORIGINALLY DESTINED FOR USE WITHIN
THIS COMMONWEALTH:
(A) STANDARD FEE ............................ 1,500
(B) FOR EXPEDITED ACTION .................... 2,500
PLUS $160
PER HOUR FOR
INSPECTIONS
20170SB0446PN1088 - 30 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THAT OCCUR
OUTSIDE OF
NORMAL
BUSINESS HOURS
(2) FEES FOR ELEVATORS:
(I) PLANS APPROVAL APPLICATION:
(A) PASSENGER, FREIGHT AND COMBINATION
PASSENGER/FREIGHT ELEVATORS EXCEPT HYDRAULIC
ELEVATORS:
(I) 1-7 FLOORS:
(A) STANDARD FEE ............................ 663
(B) FOR EXPEDITED PLAN REVIEWS, APPROVALS AND
INSPECTIONS ...................................... 1,663
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) 8-20 FLOORS:
(A) STANDARD FEE ............................ 768
(B) FOR EXPEDITED PLAN REVIEWS, APPROVALS AND
INSPECTIONS ...................................... 1,768
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(III) MORE THAN 20 FLOORS:
20170SB0446PN1088 - 31 -
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7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(A) STANDARD FEE ............................ 950
(B) FOR EXPEDITED PLAN REVIEWS, APPROVALS AND
INSPECTIONS ...................................... 1,950
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(B) HYDRAULIC PASSENGER, FREIGHT AND
COMBINATION PASSENGER/FREIGHT ELEVATORS AND OTHER
LIFTING DEVICES:
(I) STANDARD FEE ............................ 581
(II) FOR EXPEDITED PLAN REVIEWS, PERMITS AND
INSPECTIONS ...................................... 1,581
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(C) SKI LIFTS (AERIAL PASSENGER ROPEWAYS):
(I) STANDARD FEE ............................ 2,800
(II) FOR EXPEDITED PLAN REVIEWS, PERMITS AND
INSPECTIONS ...................................... 3,500
PLUS $320
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
20170SB0446PN1088 - 32 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
BUSINESS HOURS
(D) SKI LIFTS NON-AERIAL (SURFACE LIFTS):
(I) STANDARD FEE ............................ 600
(II) FOR EXPEDITED PLAN REVIEWS, PERMITS AND
INSPECTIONS ...................................... 1,600
PLUS $320
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(E) ESCALATORS AND MOVING WALKS:
(I) STANDARD FEE ............................ 558
(II) FOR EXPEDITED PLAN REVIEWS, PERMITS AND
INSPECTIONS ...................................... 1,558
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) ALTERATIONS AND MAJOR REPAIRS:
(A) STANDARD FEE ............................ 696
(B) FOR EXPEDITED PLAN REVIEW AND INSPECTIONS 1,696
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
20170SB0446PN1088 - 33 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(III) CERTIFICATE RENEWALS:
(A) TWO-YEAR RENEWAL ........................ 72
(B) FOUR-YEAR RENEWAL ....................... 144
(IV) ELEVATOR INSPECTIONS:
(A) PASSENGER, FREIGHT AND COMBINATION
PASSENGER/FREIGHT ELEVATORS EXCEPT HYDRAULIC
ELEVATORS:
(I) 1-7 FLOORS:
(A) STANDARD FEE ............................ 200
(B) FOR EXPEDITED INSPECTIONS ............... 300
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) 8-20 FLOORS:
(A) STANDARD FEE ............................ 236
(B) FOR EXPEDITED INSPECTIONS ............... 336
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(III) MORE THAN 20 FLOORS:
(A) STANDARD FEE ............................ 250
(B) FOR EXPEDITED INSPECTIONS ............... 350
PLUS $160
PER HOUR FOR
20170SB0446PN1088 - 34 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(B) HYDRAULIC PASSENGER, FREIGHT AND
COMBINATION PASSENGER/FREIGHT ELEVATORS AND OTHER
LIFTING DEVICES:
(I) STANDARD FEE ............................ 207
(II) FOR EXPEDITED INSPECTIONS .............. 307
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(C) SKI LIFTS (AERIAL PASSENGER ROPEWAYS):
(I) STANDARD FEE ............................ 780
(II) FOR EXPEDITED INSPECTIONS .............. 880
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(D) SKI LIFTS NON-AERIAL (SURFACE LIFTS):
(I) STANDARD FEE ............................ 175
(II) FOR EXPEDITED INSPECTIONS .............. 275
PLUS $160
PER HOUR FOR
20170SB0446PN1088 - 35 -
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(E) ESCALATORS AND MOVING WALKS:
(I) STANDARD FEE ............................ 150
(II) FOR EXPEDITED INSPECTIONS .............. 250
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(V) FEES FOR WITNESSING PERIODIC TESTS:
(A) ELECTRIC ELEVATORS WITH 1-10 OPENINGS:
(I) STANDARD FEE ............................ 435
(II) FOR EXPEDITED ACTION ................... 635
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(B) ELECTRIC ELEVATORS WITH 11-20 OPENINGS:
(I) STANDARD FEE ............................ 475
(II) FOR EXPEDITED ACTION ................... 675
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
20170SB0446PN1088 - 36 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OUTSIDE NORMAL
BUSINESS HOURS
(C) ELECTRIC ELEVATORS WITH MORE THAN 20
OPENINGS:
(I) STANDARD FEE ............................ 530
(II) FOR EXPEDITED ACTION ................... 730
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(D) ROPED HYDRAULIC ELEVATOR AND
ROPED/CHAINED VERTICAL RECIPROCAL CONVEYOR:
(I) STANDARD FEE ............................ 530
(II) FOR EXPEDITED ACTION ................... 730
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(E) HYDRAULIC ELEVATOR, LIMITED USE/LIMITED
APPLICATION ELEVATOR AND DIRECT HYDRAULIC
VERTICAL RECIPROCATING CONVEYOR:
(I) STANDARD FEE ............................ 435
(II) FOR EXPEDITED ACTION ................... 635
PLUS $160
PER HOUR FOR
INSPECTIONS
20170SB0446PN1088 - 37 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(F) ESCALATOR AND MOVING WALK:
(I) STANDARD FEE ............................ 435
(II) FOR EXPEDITED ACTION ................... 635
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(G) WHEELCHAIR LIFT AND INCLINED STAIRWAY
CHAIR LIFT:
(I) STANDARD FEE ............................ 280
(II) FOR EXPEDITED ACTION ................... 480
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(H) ORCHESTRA LIFT, BELT LIFT, STATE LIFT AND
ORGAN LIFT:
(I) STANDARD FEE ............................ 530
(II) FOR EXPEDITED ACTION ................... 730
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
20170SB0446PN1088 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OUTSIDE NORMAL
BUSINESS HOURS
(I) OTHER EQUIPMENT:
(I) STANDARD FEE ............................ 435
(II) FOR EXPEDITED ACTION ................... 635
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VI) FEES FOR WITNESSING PERIODIC DYNAMIC
TESTING:
(A) AERIAL TRAMWAYS AND DETACHABLE AERIAL
GRIPS:
(I) STANDARD FEE ............................ 2,400
(II) FOR EXPEDITED ACTION ................... 2,600
PLUS $320
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(B) FIXED GRIP LIFTS:
(I) STANDARD FEE ............................ 2,400
(II) FOR EXPEDITED ACTION ................... 2,600
PLUS $320
PER HOUR FOR
INSPECTIONS
THAT OCCUR
20170SB0446PN1088 - 39 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OUTSIDE NORMAL
BUSINESS HOURS
(C) SPECIAL APPROVAL:
(I) STANDARD FEE ............................ 1,000
PLUS $115
PER HOUR
(II) FOR EXPEDITED SPECIAL APPROVAL AND
INSPECTIONS ...................................... 2,000
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(D) REINSPECTION FOLLOWING FAILED PERMIT
ACCEPTANCE INSPECTION:
(I) STANDARD FEE ............................ 500
(II) FOR EXPEDITED APPROVAL AND INSPECTIONS . 1,500
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(E) REINSPECTION FOLLOWING FAILURE TO CORRECT
VIOLATIONS WITHIN ALLOTTED TIME PERIOD:
(I) STANDARD FEE ............................ 200
(II) FOR EXPEDITED APPROVAL AND INSPECTIONS . 1,200
PLUS $160
PER HOUR FOR
20170SB0446PN1088 - 40 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(F) COPY OF DEPARTMENT ELEVATOR REGULATIONS . 7
(G) DUPLICATE CERTIFICATE OF OPERATION . . . . . . 25
(3) FEES FOR LIQUEFIED PETROLEUM GAS:
(I) NEW REGISTRATION AND PLAN APPROVAL FOR
BULK PLANTS OF 30,000 GALLONS OR LESS:
(A) STANDARD FEE ............................ 360
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,360
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) NEW REGISTRATION AND PLAN APPROVAL FOR
BULK PLANTS OF 30,001-90,000 GALLONS:
(A) STANDARD FEE ............................ 430
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,430
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(III) NEW REGISTRATION AND PLAN APPROVAL FOR
20170SB0446PN1088 - 41 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
BULK PLANTS OF 90,001 GALLONS OR MORE:
(A) STANDARD FEE ............................ 475
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,475
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(IV) NEW REGISTRATION AND PLAN APPROVAL FOR
INDUSTRIAL OR UTILITY USERS OF 2,001-30,000
GALLONS:
(A) STANDARD FEE ............................ 250
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,250
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(V) NEW REGISTRATION AND PLAN APPROVAL FOR
INDUSTRIAL OR UTILITY USERS OF 30,001-180,000
GALLONS:
(A) STANDARD FEE ............................ 360
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL .........................................
1,360
PLUS $160
PER HOUR FOR
20170SB0446PN1088 - 42 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VI) REGISTRATION AND PLAN APPROVAL FOR
INDUSTRIAL OR UTILITY USERS OF 180,001 GALLONS OR
MORE:
(A) STANDARD FEE ............................ 475
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,475
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VII) REGISTRATION AND PLAN APPROVAL FOR
RETAIL CYLINDER OR EXCHANGE CABINETS:
(A) STANDARD FEE ............................ 150
(B) FOR EXPEDITED REGISTRATION AND PLAN
APPROVAL ......................................... 1,150 PLUS
$160 FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VIII) DEALERS HAVING LESS THAN 1,000
CUSTOMERS ........................................ 175
(IX) DEALERS HAVING 1,000-2,999 CUSTOMERS . . . 300
20170SB0446PN1088 - 43 -
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(X) DEALERS HAVING 3,000-5,999 CUSTOMERS . . . . 375
(XI) DEALERS HAVING 6,000 OR MORE CUSTOMERS . 500
(XII) COPY OF DEPARTMENT LP GAS REGULATIONS . 5
(XIII) ANNUAL REGISTRATION RENEWAL FOR BULK
PLANTS AND INDUSTRIAL USERS ...................... 135
(XIV) ANNUAL REGISTRATION RENEWAL FOR
CYLINDER OR EXCHANGE CABINETS .................... 75
(4) FEES FOR BEDDING AND UPHOLSTERY:
(I) MANUFACTURER'S LICENSE .................. 150
(II) STERILIZATION PERMIT ................... 75
(III) STERILIZATION RENEWAL .................. 35
(IV) AUCTIONEER PERMIT ...................... 75
(V) AUCTIONEER RENEWAL ...................... 35
(VI) QUARTERLY REPORTS ...................... .05
(VII) DUPLICATE LICENSE OR PERMIT ........... 25
(VIII) SECONDHANDED INITIAL APPLICATION . . . . . 100
(IX) SECONDHANDED RENEWAL ................... 50
(5) FEES FOR COMBUSTIBLE AND FLAMMABLE
LIQUIDS:
(I) PERMITS FOR THE INSTALLATION OR
REPLACEMENT OF TANKS:
(A) STANDARD FEE ............................ 500
(B) FOR EXPEDITED PERMITS AND INSPECTIONS . . . 1,500
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) PERMITS FOR THE INSTALLATION OR
20170SB0446PN1088 - 44 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
REPLACEMENT OF PUMPS OR DISPENSERS:
(A) STANDARD FEE ............................ 200
(B) FOR EXPEDITED PERMITS AND INSPECTIONS . . . 1,200
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(III) PERMITS FOR THE INSTALLATION AND
REBUILD OF CONTAINERS FOR COMPRESSED NATURAL GAS:
(A) STANDARD FEE ............................ 500
(B) FOR EXPEDITED PERMITS AND INSPECTIONS . . . 1,500
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(IV) PERMITS FOR THE INSTALLATION OR
REPLACEMENT OF COMPRESSED NATURAL GAS PUMPS AND
DISPENSERS:
(A) STANDARD FEE ............................ 200
(B) FOR EXPEDITED PERMITS AND INSPECTIONS . . . 1,200
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
20170SB0446PN1088 - 45 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(V) DUPLICATE PERMIT ........................ 75
(6) FEES FOR ASBESTOS OCCUPATIONS:
(I) WORKER CERTIFICATION OF LESS THAN SIX
MONTHS ........................................... 30
(II) WORKER CERTIFICATION OF SIX MONTHS OR
MORE ............................................. 60
(III) SUPERVISOR CERTIFICATION OF LESS THAN
SIX MONTHS ....................................... 58
(IV) SUPERVISOR CERTIFICATION OF SIX MONTHS
OR MORE .......................................... 116
(V) PROJECT DESIGNER CERTIFICATION OF LESS
THAN SIX MONTHS .................................. 175
(VI) PROJECT DESIGNER CERTIFICATION OF SIX
MONTHS OR MORE ................................... 350
(VII) INSPECTOR CERTIFICATION OF LESS THAN
SIX MONTHS ....................................... 175
(VIII) INSPECTOR CERTIFICATION OF SIX MONTHS
OF MORE .......................................... 350
(IX) MANAGEMENT PLANNER CERTIFICATION OF LESS
THAN SIX MONTHS .................................. 175
(X) MANAGEMENT PLANNER CERTIFICATION OF SIX
MONTHS OF MORE ................................... 350
(XI) DUAL INSPECTOR OR MANAGEMENT PLANNER
CERTIFICATION OF LESS THAN SIX MONTHS ............ 175
(XII) DUAL INSPECTOR OR MANAGEMENT PLANNER
CERTIFICATION OF SIX MONTHS OR MORE .............. 350
(XIII) INDIVIDUAL CONTRACTOR CERTIFICATION OF
LESS THAN SIX MONTHS ............................. 290
(XIV) INDIVIDUAL CONTRACTOR CERTIFICATION OF
SIX MONTHS OR MORE ............................... 580
20170SB0446PN1088 - 46 -
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(XV) COMPANY CERTIFICATION .................. 150
(XVI) TRAINING COURSE ACCREDITATION ......... 2,000
(XVII) DUPLICATE CERTIFICATION .............. 25
(7) FEES FOR LEAD-BASED PAINT OCCUPATIONS:
(I) WORKER CERTIFICATION OF LESS THAN SIX
MONTHS ........................................... 30
(II) WORKER CERTIFICATION OF SIX MONTHS OR
MORE ............................................. 60
(III) SUPERVISOR CERTIFICATION OF LESS THAN
SIX MONTHS ....................................... 58
(IV) SUPERVISOR CERTIFICATION OF SIX MONTHS
OR MORE .......................................... 116
(V) PROJECT DESIGNER CERTIFICATION OF LESS
THAN SIX MONTHS .................................. 175
(VI) PROJECT DESIGNER CERTIFICATION OF SIX
MONTHS OR MORE ................................... 350
(VII) INSPECTOR CERTIFICATION OF LESS THAN
SIX MONTHS ....................................... 175
(VIII) INSPECTOR CERTIFICATION OF SIX MONTHS
OR MORE ..........................................
350
(IX) RISK ASSESSOR CERTIFICATION OF LESS THAN
SIX MONTHS ....................................... 175
(X) RISK ASSESSOR CERTIFICATION OF SIX MONTHS
OR MORE .......................................... 350
(XI) DUAL INSPECTOR AND RISK ASSESSOR
CERTIFICATION OF LESS THAN SIX MONTHS ............ 175
(XII) DUAL INSPECTOR AND RISK ASSESSOR
CERTIFICATION OF SIX MONTHS OR MORE .............. 350
(XIII) THIRD-PARTY EXAMINATION .............. 50
(XIV) INITIAL TRAINING COURSE ACCREDITATION . 2,000
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(XV) RENEWAL TRAINING COURSE ACCREDITATION . . 1,500
(XVI) REFRESHER OF INITIAL OR RENEWAL
TRAINING COURSE ACCREDITATION .................... 1,500
(XVII) DUPLICATE CERTIFICATION .............. 25
(XVIII) LEAD COMPANIES ...................... 500
(8) FEES FOR STUFFED TOYS:
(I) INITIAL REGISTRATION AND RENEWALS ....... 75
(II) DUPLICATE .............................. 25
(9) FEES FOR UNIFORM CONSTRUCTION CODE
CERTIFICATIONS:
(I) INITIAL CODE OFFICIAL CERTIFICATION AND
RENEWAL .......................................... 100
(II) INITIAL THIRD-PARTY AGENCY CERTIFICATION
AND RENEWAL ...................................... 300
(III) DUPLICATE ............................. 25
(10) FEES FOR UNIFORM CONSTRUCTION CODE
PERMITS:
(I) PERMIT FOR NEW BUILDINGS AND ADDITIONS:
(A) STANDARD FEE ............................ 321
PLUS $0.65
PER SQUARE
FOOT OF FLOOR
AREA OR EACH
FRACTION OF
FLOOR AREA
(B) FOR EXPEDITED PERMITS ................... 1,321
PLUS $0.65
PER SQUARE
FOOT OF FLOOR
AREA OR EACH
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FRACTION OF
FLOOR AREA
PLUS $160 PER
HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(II) PERMIT FOR NEW STRUCTURES AND FACILITIES
OTHER THAN BUILDINGS:
(A) STANDARD FEE ............................ 965
(B) FOR EXPEDITED PERMITS ................... 1,965
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(III) PERMIT FOR ALTERATIONS, RENOVATIONS OR
MODIFICATIONS TO EXISTING BUILDING STRUCTURES:
(A) STANDARD FEE ............................ 321
PLUS $0.65
FOR EACH
$1,000 OF
ESTIMATED COST
FOR
ALTERATIONS,
RENOVATIONS OR
MODIFICATION
AS CERTIFIED
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BY THE
APPLICANT
(B) FOR EXPEDITED PERMITS ................... 1,321
PLUS $0.65
FOR EACH
$1,000 OF
ESTIMATED COST
FOR
ALTERATIONS,
RENOVATIONS OR
MODIFICATION
AS CERTIFIED
BY THE
APPLICANT PLUS
$160 PER HOUR
FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(IV) ACCESSIBILITY PLAN REVIEW AND
INSPECTION:
(A) STANDARD FEE ............................ 645
(B) FOR EXPEDITED PLAN REVIEW ............... 1,645
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
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(V) PERMIT FOR BUILDING OR STRUCTURE
DEMOLITION:
(A) STANDARD FEE ............................ 321
(B) FOR EXPEDITED PERMITS ................... 1,321
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VI) ANNUAL PERMIT:
(A) STANDARD FEE ............................ 321
(B) FOR EXPEDITED PERMITS ................... 1,321
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(VII) REVISION OF APPROVED PLANS:
(A) STANDARD FEE ............................ 500
(B) FOR EXPEDITED APPROVAL .................. 1,500
PLUS $160
PER HOUR FOR
INSPECTIONS
THAT OCCUR
OUTSIDE NORMAL
BUSINESS HOURS
(11) FEES FOR VARIANCE REQUESTS:
(I) INDUSTRIAL BOARD VARIANCE, APPEAL AND
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REQUEST FOR EXTENSION OF TIME:
(A) STANDARD FEE ............................ 321
(B) FOR EXPEDITED ACTION ON VARIANCES,
APPEALS OR REQUESTS FOR EXTENSIONS OF TIME ....... 1,321
(II) ACCESSIBILITY ADVISORY BOARD VARIANCE,
APPEAL OR REQUEST FOR EXTENSION OF TIME:
(A) STANDARD FEE ............................ 321
(B) FOR EXPEDITED ACTION ON VARIANCES,
APPEALS OR REQUESTS FOR EXTENSIONS OF TIME ....... 1,321
(B) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, AND ANNUALLY THEREAFTER, ALL FEES LISTED IN THIS
SECTION SHALL INCREASE AT THE RATE OF INFLATION AS OUTLINED IN
THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN THE
NORTHEAST REGION FOR THE MOST RECENT 12-MONTH PERIOD FOR WHICH
THE FIGURES HAVE BEEN REPORTED BY THE UNITED STATES DEPARTMENT
OF LABOR, BUREAU OF LABOR STATISTICS. IF THE RATE OF INFLATION
DOES NOT INCREASE, ALL FEES SHALL REMAIN THE SAME AS THEY WERE
FOR THE PREVIOUS YEAR. THE DEPARTMENT OF LABOR AND INDUSTRY
SHALL PUBLISH FEE INCREASES IN THE PENNSYLVANIA BULLETIN.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
FROM THE FEES COLLECTED UNDER SUBSECTION (A), AN AMOUNT EQUAL TO
THE FEES COLLECTED BY THE DEPARTMENT IN FISCAL YEAR 2016-2017
SHALL BE DEPOSITED INTO THE GENERAL FUND EACH FISCAL YEAR. ALL
MONEYS COLLECTED UNDER SUBSECTION (A) BY THE DEPARTMENT IN ANY
FISCAL YEAR THAT EXCEEDS THE AMOUNT COLLECTED BY THE DEPARTMENT
IN FISCAL YEAR 2016-2017 SHALL AUGMENT THE APPROPRIATION MADE TO
THE DEPARTMENT FOR THE BUREAU OF OCCUPATIONAL AND INDUSTRIAL
SAFETY IN THE GENERAL APPROPRIATION ACT FOR THE FISCAL YEAR IN
WHICH THE DEPARTMENT RECEIVES PAYMENT OF THE FEES.
(D) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"EXPEDITED." ANY TASK, EXCLUDING INSPECTIONS, TO BE
PERFORMED WITHIN SEVEN DAYS OF THE DEPARTMENT OF LABOR AND
INDUSTRY, BUREAU OF OCCUPATIONAL AND INDUSTRIAL SAFETY'S RECEIPT
OF A WRITTEN REQUEST TO PERFORM THAT TASK. FOR INSPECTIONS, THE
TERM MEANS A TASK TO BE PERFORMED WITHIN THREE DAYS OF RECEIPT
BY THE DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF OCCUPATIONAL
AND INDUSTRIAL SAFETY OF A WRITTEN REQUEST TO PERFORM THAT
INSPECTION.
"NORMAL BUSINESS HOURS." MONDAY THROUGH FRIDAY FROM 8:00
A.M. UNTIL 5:00 P.M. WITH THE EXCEPTION OF ANY DAY WHEN THE
DEPARTMENT OF LABOR AND INDUSTRY IS NOT OPEN FOR BUSINESS.
SECTION 616-A. PENNSYLVANIA STATE POLICE.--(A) THE
PENNSYLVANIA STATE POLICE ARE AUTHORIZED TO CHARGE FEES FOR THE
FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
(1) ACCIDENT REPORTS:
(I) CERTIFIED COPY OF RECORD OF
INVESTIGATION OF A VEHICLE ACCIDENT.... $8.00
(2) PRIVATE SECURITY AGENT LETHAL WEAPON:
(I) APPLICATION........................... 50.00
(II) CERTIFICATION........................ 30.00
(III) RENEWAL............................. 30.00
(4) BANK ALARM PANEL:
(I) BANK ALARM CONNECTION RATE............ 300.00
PER YEAR
(5) FINGERPRINT RECORDS CHECK:
(I) PRIVATE DETECTIVE LICENSING -
FINGERPRINT RECORDS CHECK REQUEST FROM
CLERK OF COURTS........................ 17.50
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(6) FIREARM AND NAME CHECK:
(I) NONCRIMINAL JUSTICE AGENCIES AND
INDIVIDUALS............................ 10.00
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
PENNSYLVANIA STATE POLICE MAY INCREASE THE FEES FOR CRIMINAL
HISTORY RECORD INFORMATION UNDER 18 PA.C.S. CH. 91 (RELATING TO
CRIMINAL HISTORY RECORD INFORMATION) BY PUBLISHING A NOTICE IN
THE PENNSYLVANIA BULLETIN.
SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 922.1. COLLECTIONS BY ATTORNEY GENERAL.--(A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER THE
ATTORNEY GENERAL EXERCISES THE ATTORNEY GENERAL'S POWERS UNDER
SECTION 204(C) OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164),
KNOWN AS THE "COMMONWEALTH ATTORNEYS ACT," TO COLLECT, BY SUIT
OR OTHERWISE, THE DEBTS, TAXES AND ACCOUNTS DUE THE COMMONWEALTH
THAT ARE REFERRED TO AND PLACED WITH THE ATTORNEY GENERAL FOR
COLLECTION BY ANY COMMONWEALTH AGENCY, NO MORE THAN TWENTY-FIVE
PER CENTUM (25%) OF EACH AMOUNT COLLECTED SHALL BE DEPOSITED IN
A RESTRICTED ACCOUNT WITHIN THE GENERAL FUND KNOWN AS THE
COLLECTION ADMINISTRATION ACCOUNT. NO MORE THAN TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000) PER FISCAL YEAR MAY BE
DEPOSITED INTO THE RESTRICTED ACCOUNT UNDER THIS SECTION.
(B) MONEY IN THE COLLECTION ADMINISTRATION ACCOUNT IS
APPROPRIATED TO THE OFFICE OF ATTORNEY GENERAL. THE ATTORNEY
GENERAL SHALL SUBMIT TO THE GOVERNOR AN ESTIMATE OF THE AMOUNT
OF MONEY TO BE EXPENDED FROM THE COLLECTION ADMINISTRATION
ACCOUNT DURING THE NEXT FISCAL YEAR AS PART OF THE ATTORNEY
GENERAL'S ANNUAL BUDGET REQUEST TO THE GOVERNOR.
SECTION 915-B. NOTICE OF PUBLIC HEARING FOR STATE
CORRECTIONAL INSTITUTION CLOSURE.-- DURING THE FISCAL YEAR 2017-
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2018, THE DEPARTMENT OF CORRECTIONS MAY NOT CLOSE A STATE
CORRECTIONAL INSTITUTION AS DEFINED IN 61 PA.C.S. § 102
(RELATING TO DEFINITIONS), UNLESS THE DEPARTMENT OF CORRECTIONS
CONDUCTS A PUBLIC HEARING. THE DEPARTMENT OF CORRECTIONS SHALL
PROVIDE NOTICE THIRTY (30) DAYS BEFORE THE PUBLIC HEARING IN THE
PENNSYLVANIA BULLETIN AND IN AT LEAST TWO LOCAL NEWSPAPERS.
SECTION 5. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XV-A
JOINT UNDERWRITING ASSOCIATION
SECTION 1501-A. FINDINGS.
THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
(1) AS A RESULT OF A DECLINE IN THE NEED IN THIS
COMMONWEALTH FOR THE MEDICAL PROFESSIONAL LIABILITY INSURANCE
POLICIES OFFERED BY THE PENNSYLVANIA PROFESSIONAL LIABILITY
JOINT UNDERWRITING ASSOCIATION UNDER SUBCHAPTER B OF CHAPTER
7 OF THE ACT OF MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS THE
MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT,
AND A DECLINE IN THE NATURE AND AMOUNTS OF CLAIMS PAID OUT BY
THE JOINT UNDERWRITING ASSOCIATION UNDER SUCH POLICIES, THE
JOINT UNDERWRITING ASSOCIATION HAS FUNDS IN EXCESS OF THE
AMOUNT REASONABLY REQUIRED TO FULFILL ITS STATUTORY MANDATE.
(2) FUNDS UNDER THE CONTROL OF THE JOINT UNDERWRITING
ASSOCIATION CONSIST OF PREMIUMS PAID ON THE POLICIES ISSUED
UNDER SUBCHAPTER B OF CHAPTER 7 OF THE MEDICAL CARE
AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT AND INCOME
FROM INVESTMENT. THE FUNDS DO NOT BELONG TO ANY OF THE
MEMBERS OF THE JOINT UNDERWRITING ASSOCIATION NOR ANY OF THE
INSUREDS COVERED BY THE POLICIES ISSUED.
(3) THE JOINT UNDERWRITING ASSOCIATION IS AN
INSTRUMENTALITY OF THE COMMONWEALTH. FUNDS UNDER THE CONTROL
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OF THE JOINT UNDERWRITING ASSOCIATION BELONG TO THE
COMMONWEALTH.
(4) AT A TIME WHEN REVENUE RECEIPTS ARE DOWN AND THE
ECONOMY IS STILL RECOVERING, THE COMMONWEALTH IS IN NEED OF
REVENUE FROM ALL POSSIBLE SOURCES IN ORDER TO CONTINUE TO
BALANCE ITS BUDGET AND PROVIDE FOR THE HEALTH, WELFARE AND
SAFETY OF THE RESIDENTS OF THIS COMMONWEALTH.
(5) THE PAYMENT OF FUNDS TO THE COMMONWEALTH REQUIRED
UNDER THIS ARTICLE IS IN THE BEST INTEREST OF THE RESIDENTS
OF THIS COMMONWEALTH.
SECTION 1502-A. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"JOINT UNDERWRITING ASSOCIATION." THE PENNSYLVANIA
PROFESSIONAL LIABILITY JOINT UNDERWRITING ASSOCIATION
ESTABLISHED UNDER SECTION 731 OF THE ACT OF MARCH 20, 2002
(P.L.154, NO.13), KNOWN AS THE MEDICAL CARE AVAILABILITY AND
REDUCTION OF ERROR (MCARE) ACT.
SECTION 1503-A. PAYMENT.
ON OR BEFORE SEPTEMBER 1, 2017, THE JOINT UNDERWRITING
ASSOCIATION SHALL PAY THE SUM OF $200,000,000 TO THE STATE
TREASURER FOR DEPOSIT INTO THE GENERAL FUND.
SECTION 1504-A. EXCLUSIVE JURISDICTION.
THE SUPREME COURT SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR
ANY CHALLENGE TO OR TO RENDER A DECLARATORY JUDGMENT CONCERNING
THE CONSTITUTIONALITY OF THIS ARTICLE OR TO ENFORCE THE
PROVISIONS OF THIS ARTICLE.
SECTION 1505-A. NO LIABILITY.
THE JOINT UNDERWRITING ASSOCIATION AND ITS OFFICERS, BOARD
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MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE NOR SUBJECT TO SUIT
FOR COMPLYING WITH THE PROVISIONS OF THIS ARTICLE AND MAKING THE
REQUIRED PAYMENT OF FUNDS TO THE STATE TREASURER.
SECTION 6. SECTION 1920-A OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1920-A. ENVIRONMENTAL QUALITY BOARD.--* * *
(J) THE FOLLOWING APPLY:
(1) THE BOARD SHALL PROMULGATE PROPOSED REGULATIONS UNDER
THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS "THE CLEAN
STREAMS LAW," OR OTHER LAWS OF THIS COMMONWEALTH THAT LIMIT, FOR
PURPOSES OF DEVELOPING EFFLUENT LIMITATIONS FOR POINT SOURCE
DISCHARGES, THE APPLICABILITY OF THE WATER QUALITY CRITERION FOR
MANGANESE UNDER 25 PA. CODE CH. 93 (RELATING TO WATER QUALITY
STANDARDS) TO AN UPSTREAM AREA WITHIN FIVE MILES OR LESS OF A
KNOWN POTABLE WATER SUPPLY OR KNOWN PRIVATE WATER SUPPLY. WITHIN
NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION, THE
BOARD SHALL PROMULGATE PROPOSED REGULATIONS.
(2) AS USED IN THIS SUBSECTION:
"POINT SOURCE DISCHARGE" SHALL HAVE THE MEANING GIVEN TO IT
UNDER 25 PA. CODE § 93.1 (RELATING TO DEFINITIONS).
"POTABLE WATER SUPPLY" SHALL HAVE THE MEANING GIVEN TO IT
UNDER 25 PA. CODE § 93.3 (RELATING TO PROTECTED WATER USES).
SECTION 7. SECTION 1937-A(C) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 1937-A. MUNICIPAL RECYCLING GRANTS.--* * *
(C) (1) [THIS SECTION] SUBSECTIONS (A) AND (B) SHALL NOT
APPLY IF THE RECYCLING NEEDS OF ALL THE CITIZENS OF THE COUNTY
CANNOT BE MET.
(2) [THIS SECTION] SUBSECTIONS (A) AND (B) SHALL NOT APPLY
TO ANY MUNICIPALITY THAT HAS RECEIVED ANY GRANT UNDER SECTION
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902 OF THE "MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE
REDUCTION ACT" PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
(D) THE FEE IMPOSED UNDER SECTION 701 OF THE ACT OF JULY 28,
1988 (P.L.556, NO.101), KNOWN AS THE "MUNICIPAL WASTE PLANNING,
RECYCLING AND WASTE REDUCTION ACT," SHALL CONTINUE TO BE IMPOSED
THROUGH JANUARY 1, 2023.
(E) THE MONEY IN THE RECYCLING FUND ESTABLISHED UNDER
SECTION 706 OF THE "MUNICIPAL WASTE PLANNING, RECYCLING AND
WASTE REDUCTION ACT" SHALL NOT BE TRANSFERRED TO THE SOLID WASTE
ABATEMENT FUND AND SHALL REMAIN IN THE RECYCLING FUND FOR THE
PURPOSES SET FORTH UNDER THE "MUNICIPAL WASTE PLANNING,
RECYCLING AND WASTE REDUCTION ACT."
SECTION 8. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1938-A. WATER TREATMENT FACILITIES.--(A) THE WATER
TREATMENT FACILITIES PROVIDING WATER DISPOSAL SERVICES
EXCLUSIVELY RELATING TO CONVENTIONAL OIL AND GAS WELLS AND
OPERATING UNDER NATIONAL POLLUTANT DISCHARGE AND ELIMINATION
SYSTEM AND OTHER PERMITS ISSUED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, SHALL BE ALLOWED TO OPERATE UNDER
EXISTING PERMITS AS OF THE EFFECTIVE DATE OF THIS SUBSECTION,
THROUGH DECEMBER 31, 2019. FOR THE PURPOSE OF THIS SUBSECTION,
THE TERM "CONVENTIONAL OIL AND GAS WELL" SHALL HAVE THE SAME
MEANING AS PROVIDED IN SECTION 2 OF THE ACT OF JUNE 23, 2016
(P.L.375, NO.52), KNOWN AS THE "PENNSYLVANIA GRADE CRUDE
DEVELOPMENT ACT."
(B) (RESERVED).
SECTION 9. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XIX-B
POWERS AND DUTIES OF DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES
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SECTION 1901-B. (RESERVED).
SECTION 1902-B. STATE PARK FEASIBILITY STUDY.
THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES SHALL
CONDUCT A FEASIBILITY STUDY FOR THE ESTABLISHMENT OF A STATE
PARK IN WYOMING COUNTY, AND SHALL REPORT THE RESULTS OF THE
STUDY TO THE GENERAL ASSEMBLY WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION. THE STUDY SHALL INCLUDE AN APPRAISAL OF
THE FAIR MARKET VALUE OF THE REAL PROPERTY PROPOSED FOR THE
STATE PARK.
SECTION 10. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2215-A. OLDER ADULT DAILY LIVING CENTERS.-- A
FACILITY THAT PROVIDES SERVICES ONLY TO INDIVIDUALS ENROLLED IN
A PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY OPERATED IN
ACCORDANCE WITH AN AGREEMENT BETWEEN THE PROGRAM PROVIDER, THE
DEPARTMENT OF HUMAN SERVICES AND THE CENTERS FOR MEDICARE AND
MEDICAID SERVICES SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE
ACT OF JULY 11, 1990 (P.L.499, NO.118), KNOWN AS THE "OLDER
ADULT DAILY LIVING CENTERS LICENSING ACT."
SECTION 2336. CHILD PROTECTIVE SERVICES FEES.--THE
DEPARTMENT OF HUMAN SERVICES MAY CHARGE A FEE NOT TO EXCEED
THIRTEEN DOLLARS ($13) IN ORDER TO CONDUCT THE CERTIFICATION AS
REQUIRED UNDER 23 PA.C.S. § 6344(B)(2) (RELATING TO EMPLOYEES
HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS),
EXCEPT THAT NO FEE SHALL BE CHARGED TO AN INDIVIDUAL WHO MAKES
THE REQUEST IN ORDER TO APPLY TO BECOME A VOLUNTEER WITH AN
AFFILIATE OF BIG BROTHERS OF AMERICA OR BIG SISTERS OF AMERICA
OR WITH A RAPE CRISIS CENTER OR DOMESTIC VIOLENCE SHELTER.
SECTION 11. ARTICLE XXIII-A OF THE ACT IS AMENDED BY ADDING
A SUBARTICLE HEADING TO READ:
(A) GENERAL PROVISIONS
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SECTION 12. ARTICLE XXIII-A OF THE ACT IS AMENDED BY ADDING
A SUBARTICLE TO READ:
(B) DRUG AND ALCOHOL RECOVERY HOUSES
SECTION 2311-A. 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:
"DEPARTMENT." THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS OF
THE COMMONWEALTH.
"DRUG AND ALCOHOL RECOVERY HOUSE." HOUSING FOR INDIVIDUALS
RECOVERING FROM DRUG OR ALCOHOL ADDICTION, WHICH PROVIDES THOSE
INDIVIDUALS WITH A SAFE AND SUPPORTIVE DRUG AND ALCOHOL-FREE
ENVIRONMENT, PEER SUPPORT AND OTHER RECOVERY SUPPORT SERVICES
THAT MAY INCLUDE COORDINATION OF TREATMENT SERVICES.
SECTION 2312-A. POWERS AND DUTIES OF DEPARTMENT.
THE DEPARTMENT SHALL LICENSE OR CERTIFY DRUG AND ALCOHOL
RECOVERY HOUSES DIRECTLY OR THROUGH A CONTRACTED ENTITY, AS
DEFINED BY DEPARTMENT GUIDELINES, WHICH SHALL ADHERE TO NATIONAL
ALLIANCE FOR RECOVERY RESIDENCES STANDARDS WITH MODIFICATIONS
DEEMED NECESSARY BY THE DEPARTMENT. ALL REFERRALS FROM STATE
AGENCIES OR STATE-FUNDED FACILITIES SHALL BE TO LICENSED OR
CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSES, AND ONLY LICENSED OR
CERTIFIED RECOVERY HOUSES MAY BE ELIGIBLE TO RECEIVE FEDERAL OR
STATE FUNDING TO DELIVER DRUG AND ALCOHOL RECOVERY HOUSING
SERVICES.
SECTION 2313-A. REGULATIONS FOR LICENSURE OR CERTIFICATION OF
DRUG AND ALCOHOL RECOVERY HOUSES.
(A) REGULATIONS.--THE DEPARTMENT MAY PROMULGATE REGULATIONS
FOR THE LICENSURE OR CERTIFICATION OF DRUG AND ALCOHOL RECOVERY
HOUSES THAT RECEIVE FUNDS OR REFERRALS FROM THE DEPARTMENT, OR A
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FEDERAL, STATE OR OTHER COUNTY AGENCY, TO ENSURE THAT THE DRUG
AND ALCOHOL RECOVERY HOUSES PROVIDE A SAFE ENVIRONMENT FOR
RESIDENTS. THE REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING:
(1) UPON ADMISSION, ENSURING THAT RESIDENTS ARE INFORMED
OF ALL DRUG AND ALCOHOL RECOVERY HOUSE RULES, RESIDENCY
REQUIREMENTS AND LEASE AGREEMENTS.
(2) POLICIES AND PROCEDURES FOR MANAGEMENT OF ALL FUNDS
RECEIVED AND EXPENDED BY THE DRUG AND ALCOHOL RECOVERY HOUSE
IN ACCORDANCE WITH STANDARD ACCOUNTING PRACTICES, INCLUDING
FUNDS RECEIVED FROM OR MANAGED ON BEHALF OF RESIDENTS OF THE
HOUSE. AS USED IN THIS PARAGRAPH, THE TERM "FUNDS" DOES NOT
INCLUDE PUBLIC ASSISTANCE BENEFITS, INCLUDING, BUT NOT
LIMITED TO, MEDICAL ASSISTANCE, CASH ASSISTANCE AND FOOD
STAMPS.
(3) POLICIES AND PROCEDURES ADDRESSING THE SAFETY AND
PROTECTION OF RESIDENTS.
(4) POLICIES THAT PROMOTE RECOVERY BY REQUIRING RESIDENT
PARTICIPATION IN TREATMENT, SELF-HELP GROUPS OR OTHER
RECOVERY SUPPORTS.
(5) POLICIES REQUIRING ABSTINENCE FROM ALCOHOL AND OTHER
ILLICIT DRUGS.
(6) PROCEDURES REGARDING APPROPRIATE USE AND SECURITY OF
MEDICATION.
(7) THE MAINTENANCE OF THE PROPERTY IN WHICH THE DRUG
AND ALCOHOL RECOVERY HOUSE IS LOCATED, INCLUDING, BUT NOT
LIMITED TO, THE INSTALLATION OF FUNCTIONING SMOKE DETECTORS,
CARBON MONOXIDE DETECTORS AND FIRE EXTINGUISHERS.
(8) POLICIES AND PROCEDURES WHICH PROHIBIT AN OWNER,
HOUSE ADMINISTRATOR OR EMPLOYEE OF A DRUG AND ALCOHOL
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RECOVERY HOUSE FROM REQUIRING A RESIDENT TO SIGN ANY DOCUMENT
FOR THE PURPOSE OF RELINQUISHING THE RESIDENT'S PUBLIC
ASSISTANCE BENEFITS, INCLUDING, BUT NOT LIMITED TO, MEDICAL
ASSISTANCE, CASH ASSISTANCE AND FOOD STAMPS.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED
BY THE DEPARTMENT SHALL BE DEEMED TEMPORARY REGULATIONS THAT
SHALL NOT EXPIRE FOR A PERIOD OF THREE YEARS FOLLOWING
PUBLICATION. TEMPORARY REGULATIONS SHALL NOT BE SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(C) EXPIRATION OF AUTHORITY.--THE AUTHORITY OF THE
DEPARTMENT TO PROMULGATE TEMPORARY REGULATIONS UNDER SUBSECTION
(B) SHALL EXPIRE THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION. REGULATIONS ADOPTED AFTER THIS PERIOD SHALL BE
PROMULGATED AS PROVIDED BY LAW.
SECTION 2314-A. FUNDING.
A DRUG AND ALCOHOL RECOVERY HOUSE OR OTHER RECOVERY HOUSE
SHALL NOT BE AUTHORIZED TO RECEIVE FUNDING FROM THE DEPARTMENT
OR ANY FEDERAL, STATE OR COUNTY AGENCY WITHOUT LICENSURE OR
CERTIFICATION.
SECTION 2315-A. LICENSURE OR CERTIFICATION.
(A) TIME PERIOD.--LICENSURE OR CERTIFICATION SHALL LAST FOR
A PERIOD OF TWO YEARS.
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(B) COMPLIANCE OF EXISTING DRUG AND ALCOHOL RECOVERY
HOUSES.--A DRUG AND ALCOHOL RECOVERY HOUSE IN EXISTENCE ON THE
EFFECTIVE DATE OF THIS SECTION MAY BE DEEMED LICENSED OR
CERTIFIED BY THE DEPARTMENT AFTER INSPECTION AND IF THE DRUG AND
ALCOHOL RECOVERY HOUSE PROVIDES DOCUMENTATION TO THE DEPARTMENT
WITHIN 180 DAYS AFTER THE PROMULGATION OF REGULATIONS BY THE
DEPARTMENT THAT IT IS IN COMPLIANCE WITH THE REGULATIONS
PROMULGATED BY THE DEPARTMENT.
(C) FEE.--THE DEPARTMENT SHALL ESTABLISH A FEE TO BE PAID BY
EACH DRUG AND ALCOHOL RECOVERY HOUSE ADEQUATE TO CARRY OUT THE
PROVISIONS OF THIS SUBARTICLE.
SECTION 2316-A. REGISTRY.
THE DEPARTMENT SHALL CREATE AND MAINTAIN A PUBLICLY
ACCESSIBLE REGISTRY ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE
OF ALL LICENSED OR CERTIFIED DRUG AND ALCOHOL RECOVERY HOUSES
WITHIN THIS COMMONWEALTH, WHICH SHALL BE UPDATED ANNUALLY BY THE
DEPARTMENT.
SECTION 2317-A. VIOLATIONS.
(A) PENALTIES.--A PERSON OWNING A DRUG AND ALCOHOL RECOVERY
HOUSE THAT IS FUNDED, IN WHOLE OR IN PART, WITH FUNDING FROM THE
DEPARTMENT, OR A FEDERAL, OTHER STATE OR COUNTY AGENCY, THAT HAS
FAILED TO ATTAIN OR MAINTAIN LICENSURE OR CERTIFICATION OF A
DRUG AND ALCOHOL RECOVERY HOUSE AND HAS NOT BEEN LICENSED OR
CERTIFIED BY THE DEPARTMENT SHALL PAY A FINE OF $1,000 FOR EACH
VIOLATION.
(B) REFERRAL.--IF THE DEPARTMENT DETERMINES A DRUG AND
ALCOHOL RECOVERY HOUSE IS NOT IN COMPLIANCE WITH THIS ARTICLE
DUE TO AN ALLEGED VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW,
THE DEPARTMENT SHALL REFER THE MATTER TO THE APPROPRIATE AGENCY
FOR INVESTIGATION.
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SECTION 2318-A. RESTRICTED ACCOUNT.
ALL FINES AND FEES COLLECTED SHALL BE DEPOSITED INTO A
RESTRICTED ACCOUNT IN THE DEPARTMENT WHICH IS ESTABLISHED AND
SHALL BE KNOWN AS THE DRUG AND ALCOHOL RECOVERY HOUSE FUND.
MONEY IN THIS ACCOUNT IS TO BE UTILIZED FOR THE ENFORCEMENT OF
THIS SUBARTICLE.
SECTION 2319-A. COMPLIANCE WITH OTHER LAWS.
NOTHING IN THIS ACT SHALL PREVENT OR OTHERWISE RESTRICT A
DRUG AND ALCOHOL RECOVERY HOUSE FROM COMPLYING WITH THE
AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104
STAT. 327) OR OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAW.
SECTION 13. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2804. ALTERNATIVE ENERGY PORTFOLIO STANDARDS .--T HE
FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING SECTION 4 OF THE ACT OF NOVEMBER 30,
2004 (P.L.1672, NO.213), KNOWN AS THE "ALTERNATIVE ENERGY
PORTFOLIO STANDARDS ACT," IN ORDER TO QUALIFY AS AN ALTERNATIVE
ENERGY SOURCE ELIGIBLE TO MEET THE PHOTOVOLTAIC SHARE OF THIS
COMMONWEALTH'S COMPLIANCE REQUIREMENTS UNDER THE "ALTERNATIVE
ENERGY PORTFOLIO STANDARDS ACT" AND TO QUALIFY FOR SOLAR
RENEWABLE ALTERNATIVE ENERGY PORTFOLIO CREDITS, EACH SOLAR
PHOTOVOLTAIC SYSTEM MUST DO ONE OF THE FOLLOWING:
(I) DIRECTLY DELIVER THE ELECTRICITY IT GENERATES TO A
RETAIL CUSTOMER OF AN ELECTRIC DISTRIBUTION COMPANY OR TO THE
DISTRIBUTION SYSTEM OPERATED BY AN ELECTRIC DISTRIBUTION COMPANY
OPERATING WITHIN THIS COMMONWEALTH AND CURRENTLY OBLIGATED TO
MEET THE COMPLIANCE REQUIREMENTS CONTAINED UNDER THE
"ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT."
(II) BE DIRECTLY CONNECTED TO THE ELECTRIC SYSTEM OF AN
ELECTRIC COOPERATIVE OR MUNICIPAL ELECTRIC SYSTEM OPERATING
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WITHIN THIS COMMONWEALTH.
(III) CONNECT DIRECTLY TO THE ELECTRIC TRANSMISSION SYSTEM
AT A LOCATION THAT IS WITHIN THE SERVICE TERRITORY OF AN
ELECTRIC DISTRIBUTION COMPANY OPERATING WITHIN THIS
COMMONWEALTH.
(2) NOTHING UNDER THIS SECTION OR SECTION 4 OF THE
"ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT" SHALL AFFECT ANY OF
THE FOLLOWING:
(I) A CERTIFICATION ORIGINATING WITHIN THE GEOGRAPHICAL
BOUNDARIES OF THIS COMMONWEALTH GRANTED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION OF A SOLAR PHOTOVOLTAIC ENERGY GENERATOR AS
A QUALIFYING ALTERNATIVE ENERGY SOURCE ELIGIBLE TO MEET THE
SOLAR PHOTOVOLTAIC SHARE OF THIS COMMONWEALTH'S ALTERNATIVE
ENERGY PORTFOLIO COMPLIANCE REQUIREMENTS UNDER THE "ALTERNATIVE
ENERGY PORTFOLIO STANDARDS ACT."
(II) CERTIFICATION OF A SOLAR PHOTOVOLTAIC SYSTEM WITH A
BINDING WRITTEN CONTRACT FOR THE SALE AND PURCHASE OF
ALTERNATIVE ENERGY CREDITS DERIVED FROM SOLAR PHOTOVOLTAIC
ENERGY SOURCES ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
(3) THIS SECTION SHALL APPLY TO CONTRACTS ENTERED INTO OR
RENEWED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(4) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ALTERNATIVE ENERGY SOURCE." AS THE TERM "ALTERNATIVE ENERGY
SOURCES" IS DEFINED IN SECTION 2 OF THE "ALTERNATIVE ENERGY
PORTFOLIO STANDARDS ACT."
"ELECTRIC DISTRIBUTION COMPANY." AS DEFINED IN SECTION 2 OF
THE " ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT."
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SECTION 14. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XXVIII-E
JUDICIAL ADMINISTRATION
SECTION 2801-E. SENIOR JUDGE OPERATIONAL SUPPORT GRANTS.
THE COURT ADMINISTRATOR OF PENNSYLVANIA SHALL CONTINUE THE
PROGRAM CREATED UNDER 42 PA.C.S. § 1906 (RELATING TO SENIOR
JUDGE OPERATIONAL SUPPORT GRANTS) TO DEFRAY THE COSTS IMPOSED ON
COUNTIES BY THE RULES OF JUDICIAL ADMINISTRATION FOR FACILITIES
AND STAFF FOR SENIOR JUDGES ASSIGNED TO THE COURTS OF COMMON
PLEAS. THE FOLLOWING SHALL APPLY:
(1) GRANTS SHALL BE MADE AVAILABLE TO COUNTIES BASED ON
THE LEVEL OF OPERATIONAL SUPPORT PROVIDED BY A COUNTY TO ALL
OF THE FOLLOWING:
(I) S ENIOR JUDGES FORMERLY OF THE JUDICIAL DISTRICT
IN WHICH THE COUNTY IS SITUATED WHO ARE REGULARLY OR
PERIODICALLY ASSIGNED IN THAT COUNTY OR WHO ARE ASSIGNED
UNDER 42 PA.C.S. § 4544 (RELATING TO CONVENING
MULTICOUNTY INVESTIGATING GRAND JURY).
(II) VISITING SENIOR JUDGES.
(2) GRANTS SHALL BE MADE AVAILABLE TO COUNTIES TO
REIMBURSE THE COUNTIES FOR OPERATIONAL SUPPORT PROVIDED BY
THE COUNTY DURING THE PRECEDING CALENDAR YEAR. GRANTS SHALL
BE CALCULATED BASED ON USE OF JUDICIAL CHAMBERS, UTILIZATION
OF THE SERVICES OF A LAW CLERK AND UTILIZATION OF THE
SERVICES OF A SECRETARY, AS THE CHAMBERS OR SERVICES ARE
DEEMED ADEQUATE AND APPROPRIATE BY THE ADMINISTRATIVE OFFICE
OF PENNSYLVANIA COURTS AS FOLLOWS:
(I) USE OF JUDICIAL CHAMBERS SHALL BE REIMBURSED AT
THE RATE OF $60 PER DAY, BILLABLE IN ONE-HALF-DAY
INCREMENTS.
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(II) UTILIZATION OF SERVICES OF A LAW CLERK SHALL BE
REIMBURSED AT $20 PER HOUR.
(III) UTILIZATION OF SERVICES OF A SECRETARY SHALL
BE REIMBURSED AT $12 PER HOUR.
(3) COUNTIES SHALL BE REIMBURSED UPON TIMELY APPLICATION
BY THE BOARD OF COMMISSIONERS OR, IN THE ABSENCE OF A BOARD
OF COMMISSIONERS, THE EXECUTIVE AUTHORITY OF THE COUNTY OR,
IN THE CASE OF A COUNTY WHICH IS COTERMINOUS WITH A CITY OF
THE FIRST CLASS, THE MAYOR OF THE CITY OF THE FIRST CLASS.
THE APPLICATION MUST BE CERTIFIED BY THE PRESIDENT JUDGE OF
THE JUDICIAL DISTRICT IN WHICH THE COUNTY IS SITUATED AND
SHALL INCLUDE DOCUMENTATION AS MAY BE REQUIRED BY THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS. THE DUE DATES
FOR APPLICATIONS FOR OPERATIONAL SUPPORT SHALL BE ESTABLISHED
BY THE COURT ADMINISTRATOR OF PENNSYLVANIA.
(4) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
SHALL SET FORTH MINIMUM STANDARDS REGARDING ADEQUACY,
APPROPRIATENESS AND QUALITY OF JUDICIAL CHAMBERS AND SERVICES
REQUIRED TO QUALIFY FOR REIMBURSEMENT.
(5) IF THE TOTAL REIMBURSEMENT QUALIFYING FOR PAYMENT
FOR ANY CALENDAR YEAR EXCEEDS THE AMOUNT APPROPRIATED BY THE
GENERAL ASSEMBLY FOR THAT PURPOSE, THE COURT ADMINISTRATOR OF
PENNSYLVANIA SHALL PROPORTIONALLY REDUCE THE GRANT FOR EACH
COUNTY SO THAT THE TOTAL OF ALL GRANTS DOES NOT EXCEED THE
AMOUNT APPROPRIATED.
(6) A COUNTY MAY NOT RECEIVE MORE THAN 20% OF THE AMOUNT
APPROPRIATED FOR SENIOR JUDGE OPERATIONAL SUPPORT GRANTS IN
ANY FISCAL YEAR.
(7) NOT LATER THAN 60 DAYS FOLLOWING THE PAYMENT OF
GRANTS, THE COURT ADMINISTRATOR OF PENNSYLVANIA SHALL MAKE A
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REPORT TO THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES
SETTING FORTH THE PAYMENTS MADE TO COUNTIES AND THE SERVICES
PROVIDED.
SECTION 2802-E. SURCHARGE AND FEES.
(A) IMPOSITION OF SURCHARGE AND FEES.--IN ADDITION TO THE
FEES IMPOSED UNDER 42 PA.C.S. §§ 3733(A.1) (RELATING TO DEPOSITS
INTO ACCOUNT) AND 3733.1 (RELATING TO SURCHARGE), EXCEPT AS SET
FORTH IN SUBSECTION (B), THE FOLLOWING APPLY:
(1) A SURCHARGE OF $11.25 SHALL BE CHARGED AND
COLLECTED. THIS PARAGRAPH SHALL EXPIRE DECEMBER 31, 2020 .
(2) A PERMANENT FEE OF $2.50 SHALL BE CHARGED AND
COLLECTED.
(3) A PERMANENT FEE OF $2.50 SHALL BE CHARGED AND
COLLECTED.
(B) EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO A
CONVICTION OR GUILTY PLEA BASED ON THE FILING OF A TRAFFIC
CITATION CHARGING AN OFFENSE UNDER 75 PA.C.S. (RELATING TO
VEHICLES) WHICH IS CLASSIFIED AS SUMMARY UNDER A STATE STATUTE
OR LOCAL ORDINANCE AS PROVIDED IN THE PENNSYLVANIA RULES OF
CRIMINAL PROCEDURE.
(C) ALLOCATION AND APPROPRIATION.--
(1) THE SEPARATE RESERVE ACCOUNT WITHIN THE JUDICIAL
COMPUTER SYSTEM AUGMENTATION ACCOUNT ESTABLISHED UNDER 42
PA.C.S. § 3733.1(C)(1) IS CONTINUED. THE SURCHARGE UNDER
SUBSECTION (A)(1) SHALL BE DEPOSITED IN THE SEPARATE RESERVE
ACCOUNT UNDER THIS PARAGRAPH. NOTWITHSTANDING 42 PA.C.S. §
3732 (RELATING TO UTILIZATION OF FUNDS IN ACCOUNT), MONEY
DEPOSITED UNDER THIS PARAGRAPH IS APPROPRIATED TO THE SUPREME
COURT, UPON COMPLIANCE WITH ARTICLE XV OF THE ACT OF APRIL 9,
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1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, FOR THE
OPERATION OF THE JUDICIAL DEPARTMENT.
(2) THE FEE UNDER SUBSECTION (A)(2) SHALL BE DEPOSITED
INTO THE CRIMINAL JUSTICE ENHANCEMENT ACCOUNT.
(3) THE FEE UNDER SUBSECTION (A)(3) SHALL BE DEPOSITED
IN A RESTRICTED ACCOUNT IN THE GENERAL FUND AND SHALL BE
APPROPRIATED TO THE OFFICE OF ATTORNEY GENERAL'S GENERAL
GOVERNMENT OPERATIONS APPROPRIATION.
SECTION 15. THE ADDITION OF SECTION 2801-E OF THE ACT SHALL
APPLY RETROACTIVELY TO JUNE 30, 2017.
SECTION 16. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEALS UNDER
PARAGRAPH (2) ARE NECESSARY TO EFFECTUATE THE AMENDMENT OF
SECTION 613-A OF THE ACT.
(2) THE FOLLOWING PROVISIONS ARE REPEALED:
(I) SECTION 6(B), 8(C) AND 10 OF THE ACT OF MAY 27,
1937 (P.L.926, NO.249), REFERRED TO AS THE BEDDING AND
UPHOLSTERY LAW.
(II) SECTION 7(E) OF THE ACT OF DECEMBER 19, 1990
(P.L.805, NO.194), KNOWN AS THE ASBESTOS OCCUPATIONS
ACCREDITATION AND CERTIFICATION ACT.
(III) SECTION 6 OF THE ACT OF FEBRUARY 11, 1998
(P.L.58, NO.15), KNOWN AS THE COMBUSTIBLE AND FLAMMABLE
LIQUIDS ACT.
(IV) SECTION 5 OF THE ACT OF JUNE 19, 2002 (P.L.421,
NO.61), KNOWN AS THE PROPANE AND LIQUEFIED PETROLEUM GAS
ACT.
(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 1937-A(D) AND (E) OF THE ACT.
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(4) SECTIONS 701(D) AND 706(D) OF THE ACT OF JULY 28,
1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE
PLANNING, RECYCLING AND WASTE REDUCTION ACT, ARE REPEALED.
(5) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (6) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2336 OF THE ACT.
(6) 23 PA.C.S. § 6344(H) IS REPEALED.
(7) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (8) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SECTION 2802-E OF THE ACT.
(8) 42 PA.C.S. § 3733.1(A)(1) AND (2) AND (C)(1) AND (2)
ARE REPEALED.
SECTION 17. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF ARTICLE XIX-B OF THE ACT SHALL TAKE
EFFECT IN 60 DAYS.
(2) THE ADDITION OF SUBARTICLE B OF ARTICLE XXIII-A OF
THE ACT SHALL TAKE EFFECT IN 120 DAYS.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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