Regular Session 2019-2020 Senate Bill 0327 P.N. 1700

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).

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.

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.

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.

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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.

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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