PRIOR PRINTER'S NOS. 309, 1436, 1627,
1637, 1655
PRINTER'S NO. 1700
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
327
Session of
2019
INTRODUCED BY ARGALL, SCAVELLO, FOLMER, MARTIN, VOGEL, J. WARD,
REGAN, STEFANO AND BROWNE, FEBRUARY 26, 2019
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, MAY 13, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"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; 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," providing for COVID-19
emergency statutory and regulatory suspensions and waivers
reporting requirements, for COVID-19 debt cost reduction
review and for COVID-19 Cost and Recovery Task Force; in
powers and duties of the Department of General Services and
its departmental administrative and advisory boards and
commissions, providing for report of State facilities owned
or leased; providing for emergency regulatory tolling AND FOR
COVID-19 COUNTY EMERGENCY MITIGATION PLAN FOR BUSINESSES; and
making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding
articles to read:
ARTICLE XXI-C
COVID-19 EMERGENCY STATUTORY AND
REGULATORY SUSPENSIONS AND WAIVERS
REPORTING REQUIREMENTS
Section 2101-C. 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:
"Order." Any of the following:
(1) the declaration of disaster emergency issued by the
Governor on March 6, 2020, published in 50 Pa.B. 1644 (March
21, 2020); or
(2) a declaration of disaster emergency relating to the
novel coronavirus known as "COVID-19" which is issued after
March 6, 2020.
Section 2102-C. Notification required.
(a) Suspensions, modifications and waivers requiring
modification.--The Office of the Governor shall notify the
individuals under subsection (c) no later than provided under
subsection (b) when a specific statute or regulation is
suspended, modified or waived under the authority of the order
or when a specific statute or regulation is first treated as
being suspended, modified or waived under a blanket suspension,
modification or waiver under the order. A notification under
this paragraph shall, at minimum, notify the individuals of the
following:
(1) Any provision of regulatory statute or regulation
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suspended or modified under 35 Pa.C.S. Ch. 73 Subch. A
(relating to Commonwealth services) under the order.
(2) Any provision of law or regulation suspended by the
Secretary of Health under the order.
(3) Any provision of law or regulation suspended or
waived by the Secretary of Education under the order.
(4) Any laws or Federal or State regulations related to
the drivers of commercial vehicles waived or suspended by the
Department of Transportation under the order.
(b) Timeline for notification.--The following shall apply:
(1) An initial notification under this section shall be
made within two days of the effective date of this article
and shall include notifications of all suspensions,
modifications and waivers under subsection (a) which occurred
prior to the effective date of this article.
(2) A notification under this section other than an
initial report under paragraph (1) shall be made within one
day of the suspension, modification or waiver under
subsection (a).
(c) Individuals to be notified.--A notification required to
be issued under this section shall be sent in writing by
electronic means to the President pro tempore of the Senate, the
Speaker of the House of Representatives, the Majority Leader of
the Senate, the Minority Leader of the Senate, the Majority
Leader of the House of Representatives and the Minority Leader
of the House of Representatives.
ARTICLE XXI-D
COVID-19 DEBT COST REDUCTION REVIEW
Section 2101-D. Review of refinancing opportunities.
The Treasury Department, in conjunction with the Secretary of
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the Budget, the Auditor General and any chairperson of an
authority, commission, agency , OR board or other State-
authorized entity that has the power to issue debt, shall
identify and review all outstanding debt obligations of the
Commonwealth and its authorities, commissions, agencies , AND
boards or other State- authorized entities and submit a report of
the findings to the General Assembly no later than June
SEPTEMBER 30, 2020. In addition to the identification and review
of all outstanding debt obligations, the report shall identify
options for the refinancing of the outstanding debt obligations
to reduce the costs to the Commonwealth and its authorities.
EACH AGENCY IDENTIFIED UNDER THIS SECTION SHALL PROVIDE TO THE
TREASURY DEPARTMENT, WITHIN 30 DAYS FOLLOWING THE EFFECTIVE DATE
OF THIS SECTION, INFORMATION AS MAY BE REQUESTED BY THE TREASURY
DEPARTMENT, INCLUDING THE FOLLOWING, RELATED TO ALL OUTSTANDING
DEBT OBLIGATIONS OF THE AGENCY:
(1) TOTAL OUTSTANDING AMOUNT OF ALL OBLIGATIONS.
(2) MOST RECENT AUDITED FINANCIAL STATEMENT OF THE
AGENCY.
(3) DESCRIPTION OF EACH OBLIGATION, IDENTIFYING SENIOR
OR SUBORDINATE DEBT AND FEDERAL TAX TREATMENT.
(4) ACCOUNT OF ALL SECURITY PLEDGED FOR EACH OBLIGATION.
(5) MOST RECENT RATING ASSOCIATED WITH EACH DEBT
OBLIGATION, INCLUDING RATE COVENANT AND MATURITY DATE.
(6) LIST OF ALL ADDITIONAL ASSOCIATED AGENCY OBLIGATIONS
OR COVENANTS.
(7) ANNUAL DEBT SERVICE COST, DEBT SERVICE FUND AND DEBT
SERVICE RESERVE FUND FOR EACH DEBT OBLIGATION.
(8) RISK FACTORS AND DISCLOSURE STATEMENTS ASSOCIATED
WITH EACH DEBT OBLIGATION.
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(9) PENDING LITIGATION THAT MAY FINANCIALLY IMPACT THE
DEBT OBLIGATIONS OF THE AGENCY.
ARTICLE XXI-E
COVID-19 COST AND RECOVERY TASK FORCE
Section 2101-E. Legislative findings.
The General Assembly finds and declares as follows:
(1) A novel coronavirus, known as COVID-19, entered the
United States in late January 2020 and has spread throughout
the states, including this Commonwealth.
(2) On March 6, 2020, the Governor declared a disaster
emergency, citing a threat of imminent disaster that is of
such a magnitude and severity as to necessitate extraordinary
measures to protect the health, safety and life of this
Commonwealth's citizens.
(3) The impact of COVID-19, including all the necessary
measures taken to mitigate the spread of the disease, has
severely disrupted the Commonwealth and its subdivisions and
is producing short-term and long-term negative economic
consequences.
(4) In order to effectively manage the current disaster,
all branches of the Commonwealth's government must work
cooperatively to identify immediate and urgent issues,
provide a structure to catalog the Commonwealth's response to
the disaster emergency and create a forum to receive
testimony, information and recommendations from individuals,
business and industry.
(5) In addition to managing the existing public health
challenges of COVID-19, the Commonwealth will need a recovery
plan once the emergency subsides to address the innumerable
issues resulting from the disaster emergency, including the
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impact to the economy.
(6) The most effective manner to achieve these critical
needs is to form an interbranch task force.
Section 2102-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Order." As follows:
(1) The declaration of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020).
(2) A declaration of disaster emergency relating to the
novel coronavirus, known as COVID-19, issued after March 6,
2020.
"Task force." The COVID-19 Cost and Recovery Task Force
established under section 2103-E(a).
Section 2103-E. Task force.
(a) Establishment.--The COVID-19 Cost and Recovery Task
Force is established.
(b) Membership.--The task force shall consist of the
following members, appointed within five days of the effective
date of this section:
(1) The Governor or a designee.
(2) The President pro tempore of the Senate or a
designee .
(3) The Majority Leader of the Senate or a designee .
(4) The Minority Leader of the Senate or a designee .
(5) The Speaker of the House of Representatives or a
designee .
(6) The Majority Leader of the House of Representatives
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or a designee .
(7) The Minority Leader of the House of Representatives
or a designee .
(8) The Chief Justice of the Supreme Court or a
designee.
(9) A judge of the Superior Court or Commonwealth Court
or a judge of the court of common pleas appointed by the
Chief Justice of the Supreme Court.
(c) Method of appointment.--An appointing authority under
subsection (b) shall make appointment or replacement appointment
by the transmission of a letter to the Governor, all ex officio
members and all appointing authorities under subsection (b).
(c.1) Executive advisors.--The following shall serve as
advisors to the task force:
(1) An officer or employee of the Department of
Agriculture to represent the Secretary of Agriculture.
(2) An officer or employee of the Department of Banking
and Securities to represent the Secretary of Banking and
Securities.
(3) An officer or employee of the Department of
Community and Economic Development to represent the Secretary
of Community and Economic Development.
(4) An officer or employee of the Department of
Education to represent the Secretary of Education.
(5) An officer or employee of the Department of Human
Services to represent the Secretary of Human Services.
(6) An officer or employee of the Insurance Department
to represent the Insurance Commissioner.
(7) An officer or employee of the Department of Labor
and Industry to represent the Secretary of Labor and
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Industry.
(8) An officer or employee of the Department of
Transportation to represent the Secretary of Transportation.
(d) Advisory committees.--The following shall apply:
(1) The task force may establish advisory committees to
review issues relating to the COVID-19 public health
emergency that require executive, legislative or judicial
action and to report related information to the task force.
(2) Members of an advisory committee shall be
individuals appointed by the task force who have experience
in the issue being reviewed. Members of the task force and
individuals who are not members of the task force may be
appointed to an advisory committee.
(3) Individuals appointed to an advisory committee who
are not members of the task force shall represent the
geographic, racial, gender and socioeconomic diversity of
this Commonwealth. Individuals appointed to an advisory
committee who are not members of the task force may not be a
lobbyist as defined in 65 Pa.C.S. § 13A03 (relating to
definitions) or an officer or an employee of a political
party or political committee as defined in section 801 or
1621(h) of the act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code.
(4) A member of the task force shall serve as the
chairperson of each advisory committee.
(5) An advisory committee established under this
subsection may be directed to review issues related to issues
arising from the COVID-19 pandemic and the impact those
issues have had on the Commonwealth.
(e) Chairperson.--The Governor or a designee under
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subsection (b)(1) shall serve as chairperson of the task force.
(f) Participation.--A member not physically present may
participate by teleconference or video conference.
(g) Quorum and voting.--The following shall apply:
(1) A majority of the members of the task force
participating in person, teleconference or video conference
shall constitute a quorum.
(2) Action of the task force must be authorized or
ratified by majority vote of the members of the task force.
(h) Meetings.--The following shall apply:
(1) The task force shall meet at least once a week.
Additional meetings may be called by the chairperson as
necessary. The chairperson shall schedule a meeting upon
written request of four members of the task force.
(2) The first meeting shall be convened within 10 days
of the effective date of this paragraph.
(3) The task force may take actions necessary to conform
to public gathering requirements ordered or recommended by
the Secretary of Health or the Centers for Disease Control.
(4) The task force shall permit the public to view or
listen to an advisory committee meeting through
contemporaneous methods and make the recordings available on
the Department of Community and Economic Development's
publicly accessible Internet website.
(5) The task force or an advisory committee may hold
public hearings if necessary.
(i) Expenses.--Members shall not receive compensation but
shall be reimbursed for actual expenses incurred in service of
the task force.
(j) Support.--The Office of the Governor, the Senate, the
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House of Representatives and the Administrative Offices of the
Pennsylvania Courts shall provide administrative services to the
task force or advisory committee .
(k) Applicability.--The following shall apply:
(1) (i) Except as provided under subparagraph (ii), the
act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law, shall apply to the task force.
(ii) Correspondence between a person and a member of
the task force and records accompanying the
correspondence submitted under section 2104-E(a)(3) shall
be exempt from access by a requester under the Right-to-
Know Law. This subparagraph shall not apply to
correspondence between a member and a principal or
lobbyist under 65 Pa.C.S. Ch. 13A (relating to lobbying).
(2) Except as provided under paragraph (3), the task
force shall be deemed an agency for the purposes of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(3) Public notice of a meeting of the task force shall
be made by the issuance of a press release by the chairperson
no less than 24 hours prior to a meeting.
(4) A member of the task force shall be deemed a public
official for the purpose of 65 Pa.C.S. Ch. 11 (relating to
ethics standards and financial disclosure). A statement
required to be filed by a member under 65 Pa.C.S. § 1104(a)
(relating to statement of financial interests required to be
filed) due to the individual's membership on the task force
shall be filed only with the State Ethics Commission.
(5) The task force shall be considered an independent
agency for the purposes of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act.
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Section 2104-E. Functions of task force.
(a) Powers.--The task force shall have the following powers:
(1) To request periodic updates from each agency under
the Governor's jurisdiction, independent agencies, the
legislature and the unified judicial system on any actions
taken in response to the COVID-19 public health emergency.
(2) To appoint advisory committees under section 2103-
E(d).
(3) To receive communications from individuals,
businesses, nonprofit entities, local governments and any
other entity regarding issues under subsection (b)(2).
(b) Duties.--The task force shall have the following duties:
(1) To monitor and track the response by the
Commonwealth to the COVID-19 public health emergency during
the time that the order remains active, including all actions
taken under the authority of the order.
(2) To identify issues of immediate public importance
relating to the COVID-19 public health emergency that require
executive, legislative or judicial action and to make
recommendations to the proper branch in a timely fashion.
(3) To develop and submit a recovery plan to the
Executive Branch, Legislative Branch and Judicial Branch of
the Commonwealth's government. A recovery plan shall include
a documented, structured approach that describes how the
Commonwealth and its political subdivisions can expeditiously
resume mission-critical functions, including the restoration
of housing, transportation, education and other public
services and economic activity to levels equal to or better
than their predisaster states through a series of short-term,
intermediate and long-term strategies and actions. The
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recovery plan may be based in part or in whole on the Federal
Emergency Management Agency's resources for recovery planning
and managing recovery.
(4) To make a final report no later than six months
after the order is terminated by executive order,
proclamation or operation of law documenting all of the
following:
(i) Actions taken by executive agencies under the
order.
(ii) Legislative enactments made in response to the
COVID-19 public health emergency.
(iii) Judicial orders made in response to the COVID-
19 public health emergency.
(iv) A summary of actions undertaken by local
governments in response to the COVID-19 public health
emergency.
(v) A detailed summary of the actions taken by the
task force and each advisory committee established under
section 2103-E(d).
Section 2105-E. Appropriation.
The amount of $1,000 is appropriated from the General Fund to
the Department of Community and Economic Development for payment
of reasonable expenses under section 2103-E(i). The
appropriation under this section shall not lapse until the
expiration of this article under section 2106-E. Any amount of
the appropriation unexpended or uncommitted upon the expiration
under section 2106-E shall lapse.
Section 2106-E. Expiration.
This article shall expire six months after the order is
terminated by executive order, proclamation or operation of law.
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Section 2. The act is amended by adding a section to read:
Section 2402.3. Report of State Facilities Owned or
Leased.-- (a) The Department of General Services shall conduct
an annual survey of State facility usage.
(b) Each executive agency, independent agency and State-
affiliated entity shall report to the Department of General
Services each State facility which is under its control or which
it uses.
(c) The report under subsection (b) shall include, at a
minimum, the following information:
(1) Whether the State facility is State-owned or leased.
(2) Whether the State facility is occupied or vacant.
(3) The size of the State facility as measured in square
feet.
(4) The total expenditures for utilities per State facility
for the preceding twelve months.
(5) The amount of rent paid for the preceding twelve months
for any State facility that is leased.
(6) The purpose of the State facility.
(7) How to reduce costs associated with the State facility.
(d) Survey information under subsection (c) shall be
reported no later than June 30 of each year.
(e) On or before July 31 of each year, the Department of
General Services shall compile and report the survey information
obtained under subsection (c) to the chairperson and minority
chairperson of the State Government Committee of the Senate and
the chairperson and minority chairperson of the State Government
Committee of the House of Representatives.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
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"Executive agency" means an executive agency as defined in 62
Pa.C.S. § 103 (relating to definitions).
"Independent agency" means an independent agency as defined
in 62 Pa.C.S. § 103.
"State-affiliated entity" means a State-affiliated entity as
defined in 62 Pa.C.S. § 103.
"State facility " means a habitable structure or space under
the control of or used by an executive agency, independent
agency or State-affiliated entity.
Section 3. The act is amended by adding an article ARTICLES
to read:
ARTICLE XXVIII-G
EMERGENCY REGULATORY TOLLING
Section 2801-G. Emergency regulatory tolling.
(a) Tolling.--Except as set forth in subsection (c), a time
period applicable under the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act, to a proposed
regulation, a final-form regulation or a final-omitted
regulation as of the effective date of this section is tolled
under subsection (b). The following apply:
(1) A proposed regulation under this subsection may not
be submitted as a final-form regulation.
(2) A final-form regulation under this subsection may
not be promulgated as a regulation.
(3) A final-omitted regulation under this subsection may
not be promulgated as a regulation.
(b) Tolled period.--A time period under subsection (a) is
tolled until 90 days after the declaration is terminated by
executive order, proclamation or operation of law.
(c) Waiver.--Subsection (a) does not apply if there is a
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waiver through the following process:
(1) Prior to the expiration of the tolled period tolling
under subsection (b), a Commonwealth agency may petition to
the appropriate standing committees of the Senate and House
of Representatives under section 7(d) of the Regulatory
Review Act, for a waiver of the tolling under subsection (a).
The petition must be:
(i) in writing;
(ii) signed by the head of the Commonwealth agency
or its governing body; and
(iii) submitted to the chair of each standing
committee for distribution to members.
(2) The waiver must be granted by a majority vote of
each standing committee.
(d) Definition.--As used in this section, the term
"declaration" means the declaration of disaster emergency issued
by the Governor on March 6, 2020, published in 50 Pa.B. 1644
(March 21, 2020) and any renewal of the state of disaster
emergency.
ARTICLE XXVIII-H
COVID-19 COUNTY EMERGENCY MITIGATION
PLAN FOR BUSINESSES
SECTION 2801-H. COVID-19 COUNTY EMERGENCY MITIGATION PLAN FOR
BUSINESSES.
(A) MITIGATION PLAN.--NOTWITHSTANDING 35 PA.C.S. § 7301
(RELATING TO GENERAL AUTHORITY OF GOVERNOR), SECTIONS 2102 AND
2106 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, SECTION 8(A) OF THE ACT OF APRIL
27, 1905 (P.L.312, NO.218), ENTITLED "AN ACT CREATING A
DEPARTMENT OF HEALTH, AND DEFINING ITS POWERS AND DUTIES," AND
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SECTION 5 OF THE ACT OF APRIL 23, 1956 (1955 P.L.1510, NO.500),
KNOWN AS THE DISEASE PREVENTION AND CONTROL LAW OF 1955, THE
GOVERNING BODY OF A COUNTY, IN CONSULTATION WITH ITS COUNTY
EMERGENCY MANAGEMENT AGENCY, COUNTY HEALTH DEPARTMENT, COUNTY
HEALTH OFFICER OR ANY OTHER APPROPRIATE HEALTH OR EMERGENCY
MANAGEMENT OFFICIAL, MAY DEVELOP AND IMPLEMENT A COUNTYWIDE PLAN
TO MITIGATE THE SPREAD OF COVID-19 FOR BUSINESSES IN ACCORDANCE
WITH SUBSECTION (B). THE COUNTYWIDE MITIGATION PLAN, INCLUDING
ANY MODIFICATIONS TO THE COUNTYWIDE MITIGATION PLAN AUTHORIZED
UNDER SUBSECTION (E), SHALL BE PUBLISHED ON THE COUNTY'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) DEVELOPMENT.--THE COUNTYWIDE MITIGATION PLAN SHALL
PROVIDE AS FOLLOWS:
(1) ALL BUSINESSES IDENTIFIED AS "ESSENTIAL CRITICAL
INFRASTRUCTURE" IN AN ADVISORY MEMORANDUM ON IDENTIFICATION
OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19
RESPONSE, AS PUBLISHED BY THE UNITED STATES CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY (CISA), AND WHICH OPERATE
USING RECOMMENDED GUIDANCE FOR MITIGATING EXPOSURE TO COVID-
19 FROM THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND
THE ORDER OF THE SECRETARY OF HEALTH DIRECTING PUBLIC HEALTH
SAFETY MEASURES FOR BUSINESSES PERMITTED TO MAINTAIN IN-
PERSON OPERATIONS SHALL BE PERMITTED TO OPERATE WITHIN THE
COUNTY.
(2) FOR A BUSINESS NOT INCLUDED IN AN ADVISORY
MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL
INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE, AS PUBLISHED
BY CISA, THE BUSINESS SHALL BE PERMITTED TO OPERATE WITHIN A
COUNTY IF THE BUSINESS:
(I) COMPLIES WITH RECOMMENDED GUIDANCE FOR
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MITIGATING EXPOSURE TO COVID-19 FROM THE CENTERS FOR
DISEASE CONTROL AND PREVENTION AND THE ORDER OF THE
SECRETARY OF HEALTH DIRECTING PUBLIC HEALTH SAFETY
MEASURES FOR BUSINESSES PERMITTED TO MAINTAIN IN-PERSON
OPERATIONS; AND
(II) HAS NOT BEEN DESIGNATED IN THE COUNTYWIDE
MITIGATION PLAN AS A DISALLOWED INDUSTRY.
(3) ANY BUSINESS AUTHORIZED TO OPERATE BY THE GOVERNOR
SHALL BE AUTHORIZED TO OPERATE UNDER A COUNTYWIDE MITIGATION
PLAN.
(C) COMPLIANCE.--NOTWITHSTANDING THE ORDERS ISSUED BY THE
GOVERNOR AND THE SECRETARY OF HEALTH RELATING TO THE CLOSURE OF
NONLIFE-SUSTAINING BUSINESSES ON MARCH 19, 2020, AS MAY BE
AMENDED OR SUPERSEDED BY SUBSEQUENT BUSINESS OPERATION EXECUTIVE
ORDERS, AND THE STATEWIDE STAY-AT-HOME ORDER ISSUED BY THE
GOVERNOR AND THE SECRETARY OF HEALTH ON APRIL 1, 2020, AS MAY BE
AMENDED OR SUPERSEDED BY SUBSEQUENT EXECUTIVE ORDERS, A BUSINESS
THAT COMPLIES WITH THE REQUIREMENTS OF THE COUNTY MITIGATION
PLAN MAY OPERATE WITHIN THE COUNTY AND INDIVIDUALS MAY LEAVE
THEIR RESIDENCE FOR THE PURPOSE OF PERFORMING WORK FOR THE
BUSINESS OR PATRONIZING THE BUSINESS.
(D) LIMITATION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO:
(1) REQUIRE A COUNTY TO RESCIND A LOCAL DECLARATION OF
EMERGENCY RELATING TO COVID-19; OR
(2) REVOKE, RESCIND OR OVERRULE THE PROCLAMATION OF
DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020,
PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL
OF THE STATE OF DISASTER EMERGENCY.
(E) MODIFICATION.--AT ANY TIME, THE GOVERNING BODY OF A
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COUNTY MAY TAKE AN ACTION TO MODIFY THE COUNTYWIDE MITIGATION
PLAN TO EXPAND OR RESTRICT THE INDUSTRIES AUTHORIZED TO OPERATE
IN THE COUNTY OR RESCIND THE COUNTYWIDE MITIGATION PLAN
ENTIRELY. ADVANCE NOTICE OF AN ACTION TO MODIFY OR RESCIND A
COUNTYWIDE MITIGATION PLAN SHALL BE PUBLISHED ON THE COUNTY'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE NO LATER THAN TWO DAYS
BEFORE THE IMPLEMENTATION OF THE ACTION.
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"BUSINESS." ANY CORPORATION, PARTNERSHIP, LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP, BUSINESS TRUST, SOLE
PROPRIETOR OR ANY OTHER INDIVIDUAL OR ENTITY DOING BUSINESS AND
OPERATING WITHIN A PHYSICAL LOCATION IN THIS COMMONWEALTH,
REGARDLESS OF WHETHER THE PHYSICAL LOCATION IS OPEN TO THE
PUBLIC.
"COUNTY." A COUNTY OR HOME RULE CHARTER COUNTY OF ANY
CLASSIFICATION.
"COVID-19." THE NOVEL CORONAVIRUS AS IDENTIFIED IN THE
DECLARATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON
MARCH 6, 2020, PUBLISHED AT 50 PA.B 1644 (MARCH 21, 2020).
"DISALLOWED INDUSTRY." AN INDUSTRY THAT HAS BEEN PROHIBITED
UNDER THE COUNTY MITIGATION PLAN. THE TERM SHALL NOT INCLUDE AN
INDUSTRY THAT INCLUDES A BUSINESS THAT IS AUTHORIZED TO OPERATE
PURSUANT TO ANY OF THE FOLLOWING:
(1) A BUSINESS IDENTIFIED AS "ESSENTIAL CRITICAL
INFRASTRUCTURE" IN AN ADVISORY MEMORANDUM ON IDENTIFICATION
OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19
RESPONSE, PUBLISHED BY CISA.
(2) A BUSINESS AUTHORIZED TO OPERATE BY THE GOVERNOR.
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"GOVERNING BODY." THE BOARD OF COUNTY COMMISSIONERS OR THE
COUNTY EXECUTIVE OR OTHER PERSON EXERCISING THE FUNCTIONS OF THE
COUNTY EXECUTIVE IN A COUNTY WITHOUT A BOARD OF COUNTY
COMMISSIONERS.
"INDUSTRY." A PARTICULAR FORM OR BRANCH OF ECONOMIC OR
COMMERCIAL ACTIVITY.
Section 4. This act shall take effect as follows:
(1) The addition of section 2402.3 of the act shall take
effect in 180 days.
(2) The remainder of this act shall take effect
immediately.
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