PRINTER'S NO. 1911
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1516
Session of
2019
INTRODUCED BY CAUSER, PASHINSKI, BERNSTINE, BURGOS, A. DAVIS,
T. DAVIS, DeLISSIO, FEE, FREEMAN, GREINER, HANBIDGE, HARKINS,
HERSHEY, HICKERNELL, M. K. KELLER, LONGIETTI, MALAGARI,
MENTZER, MILLARD, MOUL, NEILSON, OWLETT, RADER, RYAN, SAPPEY,
SAYLOR, SNYDER, STRUZZI, ULLMAN, WEBSTER, ZIMMERMAN, McNEILL
AND IRVIN, MAY 29, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 29, 2019
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, establishing the Agriculture Rapid Response
Disaster Readiness Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a part to read:
PART X
EMERGENCIES
Chapter
111. Agriculture Rapid Response Disaster Readiness Account
CHAPTER 111
AGRICULTURE RAPID RESPONSE DISASTER READINESS ACCOUNT
Sec.
11101. Declaration of purpose.
11102. Definitions.
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11103. Authority.
11104. Eligible disaster funding.
11105. Recordkeeping and audit.
11106. Cooperation.
11107. Agriculture Rapid Response Disaster Readiness Account.
11108. Applicability.
§ 11101. Declaration of purpose.
The purpose of this chapter is to establish a restricted
account within the department to provide emergency money for
training, equipment and other resources necessary for rapid
responses to transmissible diseases, plant pests, plant
diseases, controlled and noxious weeds, foodborne illnesses and
natural and other disasters affecting agriculture in this
Commonwealth.
§ 11102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Agriculture Rapid Response Disaster Readiness
Account established under section 11107 (relating to Agriculture
Rapid Response Disaster Readiness Account).
"Controlled plant." As defined under section 1502 (relating
to definitions).
"Hazardous substance." As defined under section 2303
(relating to definitions).
"Invasive species." A species declared to be invasive by the
Governor's Invasive Species Council of Pennsylvania.
"Noxious weed." As defined under section 1502.
"Person." An individual, partnership, association, firm,
corporation, local agency, agency of the Federal Government or
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the Commonwealth or other legal entity.
"Plant pest." As defined under the act of December 16, 1992
(P.L.1228, No.162), known as the Plant Pest Act.
"Transmissible disease." As defined under section 2303.
§ 11103. Authority.
(a) Authority and duty.--The department shall have the
authority and duty to:
(1) Administer the provisions of this chapter.
(2) Allocate money in accordance with this chapter.
(b) Training programs.--The department may develop training
programs and training program requirements and allocate money in
a manner consistent with this chapter.
(c) Competitive bidding.--The department shall use a
competitive bidding process for contracts awarded under this
chapter and may not make sole source procurements.
§ 11104. Eligible disaster funding.
Purposes for which money from the account may be used by the
department shall include, but are not limited to, the following:
(1) To mitigate, contain, control, eradicate, prevent or
limit the spread of:
(i) Transmissible disease.
(ii) Hazardous substance contamination.
(iii) Plant pests.
(iv) Invasive species.
(v) Plant diseases.
(vi) Noxious weeds.
(vii) Controlled plants.
(viii) Foodborne illness.
(2) To assist in providing transportation of livestock
feed from a commercial feed establishment in the event of a
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disaster declaration issued by the Governor that includes the
department.
(3) To make grants for and acquire data regarding animal
health research and animal disease diagnosis. No more than
$100,000 may be used for this purpose in a year.
(4) To provide additional financial assistance as may be
requested in a declaration of disaster issued by the Governor
that includes the department.
§ 11105. Recordkeeping and audit.
(a) Eligible person receiving money.--The department shall
require a person receiving money under this chapter to keep and
provide upon request records as the department believes are
necessary to ensure money is spent in accordance with this
chapter. The person must reside in this Commonwealth. The
records shall include the name and address of the person,
evidence of the eligible disaster for which the money was
received and a copy of each invoice and expenditure to account
for the expenditure of money received. The department may
request production of the documents and may copy and hold the
documents as the department deems necessary. The department may
enter onto the premises of the person in order to carry out the
department's duties under this chapter.
(b) Department records.--The department shall keep a record
of all expenditures from the account, which shall include the
date, eligible purpose of the expenditure and any eligible
entity that may have received the funding. The General Assembly
may request a report, including the required records, from the
department on a fiscal year basis or as the General Assembly
believes necessary.
§ 11106. Cooperation.
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In order to increase the efficiency of the department
regarding the administration and implementation of this chapter,
the department may cooperate and enter into agreements with the
appropriate regulatory agencies of the Federal Government and
any other Commonwealth agency in furtherance of this chapter.
§ 11107. Agriculture Rapid Response Disaster Readiness Account.
(a) Establishment.--The Agriculture Rapid Response Disaster
Readiness Account is established as a special nonlapsing account
in the State Treasury. All money allocated to or supplements to
the account and the interest collected on money and supplements
shall be paid into the account. All money placed into the
account and the interest the account accrues are appropriated to
the department on a continuing basis for activities necessary to
meet the requirements of this chapter.
(b) Supplements to account.--The account may be supplemented
by money received from the following sources:
(1) State money appropriated to the department.
(2) Federal money appropriated to the department.
(3) Money received from other governmental agencies
through an interagency agreement or memorandum of
understanding.
(4) Gifts and other contributions from public and
private sources.
(c) Account administration.--The department may adopt
procedures for the use of money in the account, including the
creation of subaccounts within the account for the purposes of
allocation of money authorized under this chapter.
(d) Deposit and use of money.--An administrative action may
not prevent the deposit of money into the account in the fiscal
year in which the money is received. The money shall only be
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used for the purposes authorized under this chapter and shall
not be transferred or diverted to any other purpose by
administrative action, except as specifically provided for in
section 11106 (relating to cooperation).
§ 11108. Applicability.
This chapter shall apply to the distribution of account money
allocated or made available to the department beginning with the
2019-2020 fiscal year and each fiscal year thereafter. The
department shall not be liable for a commitment or for
completion of a partially completed or partially funded project
which cannot be completed due to the unavailability of
Commonwealth money or future Commonwealth appropriations.
Section 2. This act shall take effect in 60 days.
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