SENATE AMENDED
PRIOR PRINTER'S NO. 1442
PRINTER'S NO. 1932
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1348
Session of
2021
INTRODUCED BY SAYLOR, MAY 5, 2021
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 25, 2021
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
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every State depository and every debtor or creditor of the
Commonwealth," in general budget implementation, further
providing for Department of Human Services.
AMENDING THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), ENTITLED
"AN ACT RELATING TO THE FINANCES OF THE STATE GOVERNMENT;
PROVIDING FOR CANCER CONTROL, PREVENTION AND RESEARCH, FOR
AMBULATORY SURGICAL CENTER DATA COLLECTION, FOR THE JOINT
UNDERWRITING ASSOCIATION, FOR ENTERTAINMENT BUSINESS
FINANCIAL MANAGEMENT FIRMS, FOR PRIVATE DAM FINANCIAL
ASSURANCE AND FOR REINSTATEMENT OF ITEM VETOES; PROVIDING FOR
THE SETTLEMENT, ASSESSMENT, COLLECTION, AND LIEN OF TAXES,
BONUS, AND ALL OTHER ACCOUNTS DUE THE COMMONWEALTH, THE
COLLECTION AND RECOVERY OF FEES AND OTHER MONEY OR PROPERTY
DUE OR BELONGING TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
INCLUDING ESCHEATED PROPERTY AND THE PROCEEDS OF ITS SALE,
THE CUSTODY AND DISBURSEMENT OR OTHER DISPOSITION OF FUNDS
AND SECURITIES BELONGING TO OR IN THE POSSESSION OF THE
COMMONWEALTH, AND THE SETTLEMENT OF CLAIMS AGAINST THE
COMMONWEALTH, THE RESETTLEMENT OF ACCOUNTS AND APPEALS TO THE
COURTS, REFUNDS OF MONEYS ERRONEOUSLY PAID TO THE
COMMONWEALTH, AUDITING THE ACCOUNTS OF THE COMMONWEALTH AND
ALL AGENCIES THEREOF, OF ALL PUBLIC OFFICERS COLLECTING
MONEYS PAYABLE TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
AND ALL RECEIPTS OF APPROPRIATIONS FROM THE COMMONWEALTH,
AUTHORIZING THE COMMONWEALTH TO ISSUE TAX ANTICIPATION NOTES
TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF
SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF
PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF
CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY
DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE
GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND
CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,
ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN EMERGENCY COVID-19 RESPONSE, FURTHER
PROVIDING FOR MONEY IN ACCOUNT, PROVIDING FOR ELEMENTARY AND
SECONDARY SCHOOL EMERGENCY RELIEF FOR SCHOOL DISTRICTS,
CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS, FOR EMERGENCY
RELIEF FOR OTHER EDUCATIONAL ENTITIES, FOR EMERGENCY
EDUCATION RELIEF TO NONPUBLIC SCHOOLS, FOR FUNDING FOR
LIBRARY SERVICES AND FOR ALLOCATION FROM ARPA - ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF - ADMINISTRATION,
FURTHER PROVIDING FOR DEPARTMENT OF HEALTH AND FOR USE OF
MONEY, PROVIDING FOR PENNSYLVANIA HOUSING FINANCE AGENCY AND
ESTABLISHING THE CONSTRUCTION COST RELIEF PROGRAM; IN RENTAL
AND UTILITY ASSISTANCE GRANT PROGRAM, FURTHER PROVIDING FOR
RENTAL AND UTILITY ASSISTANCE GRANT PROGRAM, FOR DEPARTMENT
AND FOR REALLOCATION OF GRANTS; PROVIDING FOR AMERICAN RESCUE
PLAN RENTAL AND UTILITY ASSISTANCE GRANT PROGRAM, FOR
HOMEOWNERS ASSISTANCE GRANT PROGRAM, FOR WATER ASSISTANCE
PROGRAM AND FOR CHILD CARE STABILIZATION PROGRAM; IN BONUS
AND TAX REPORTS AND RETURNS AND REPORTS AND RECORDS RELATING
TO TAX COLLECTIONS, FURTHER PROVIDING FOR CONFIDENTIAL
INFORMATION; IN OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL
AND GAS LEASE FUND; PROVIDING FOR ANGEL INVESTMENT VENTURE
CAPITAL PROGRAM AND FOR TRANSPORTATION PILOT PROGRAMS; IN
SPECIAL FUNDS, FURTHER PROVIDING FOR FUNDING AND FOR
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EXPIRATION; IN ADDITIONAL SPECIAL FUNDS AND RESTRICTED
ACCOUNTS, FURTHER PROVIDING FOR ESTABLISHMENT OF SPECIAL FUND
AND ACCOUNT, FOR USE OF FUND AND FOR DISTRIBUTIONS FROM
PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AND PROVIDING FOR
OPIOID SETTLEMENT RESTRICTED ACCOUNT; PROVIDING FOR 2021-2022
BUDGET IMPLEMENTATION AND FOR 2021-2022 RESTRICTIONS ON
APPROPRIATIONS FOR FUNDS AND ACCOUNTS; IN GENERAL BUDGET
IMPLEMENTATION, FURTHER PROVIDING FOR DEPARTMENT OF
EDUCATION, FOR DEPARTMENT OF GENERAL SERVICES, FOR
PENNSYLVANIA GAMING CONTROL BOARD, FOR DEPARTMENT OF LABOR
AND INDUSTRY, FURTHER PROVIDING FOR DEPARTMENT OF HUMAN
SERVICES, PROVIDING FOR STATE EMPLOYEES' RETIREMENT SYSTEM,
FURTHER PROVIDING FOR MULTIMODAL TRANSPORTATION FUND AND
PROVIDING FOR PUBLIC TRANSPORTATION TRUST FUND; IN SCHOOL
DISTRICT DEBT REFINANCING BONDS, FURTHER PROVIDING FOR
SINKING FUND CHARGES FOR SCHOOL BUILDING PROJECTS; IN 2020-
2021 RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS,
FURTHER PROVIDING FOR FUND TRANSFERS; AND MAKING RELATED
REPEALS.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2021-2022 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 THIS
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
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SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES 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
APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
2021-2022 COMMONWEALTH BUDGET.
(7) EVERY PROVISION OF THIS ACT RELATES TO THE
IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH
FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL
OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE
COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT
THE 2021-2022 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY
APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT
PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR
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 (P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION
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ACT OF 2021.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1729-E(5) and (6) of the act of April 9,
1929 (P.L.343, No.176), known as The Fiscal Code, are amended
and the section is amended by adding a paragraph to read:
Section 1729-E. Department of Human Services.
The following shall apply to appropriations for the
Department of Human Services:
* * *
(5) The department, upon approval of the secretary, may
transfer Federal money appropriated for Temporary Assistance
for Needy Families Block [Grant Child] Grant - Child Care
Assistance to the Child Care and Development Fund Block
[Grant Child] Grant - Child Care Services appropriation to
provide child-care services to additional low-income families
if the transfer of money will not result in a deficit in the
appropriation. The secretary shall provide notice 10 days
prior to a transfer under this paragraph to the chairperson
and minority chairperson of the Appropriations Committee of
the Senate and the chairperson and minority chairperson of
the Appropriations Committee of the House of Representatives.
(6) The department, upon approval of the secretary, may
transfer Federal money appropriated for Child Care and
Development Fund Block [Grant Child] Grant - Child Care
Assistance to the Child Care and Development Fund Block
[Grant Child] Grant - Child Care Services appropriation to
provide child-care services to additional low-income
families[, provided that] if the transfer of money will not
result in a deficit in the appropriation. The secretary shall
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provide notice 10 days prior to a transfer under this
paragraph to the chairperson and minority chairperson of the
Appropriations Committee of the Senate and the chairperson
and minority chairperson of the Appropriations Committee of
the House of Representatives.
(6.1) In accordance with Federal law, the department,
upon approval of the secretary, may transfer Federal money
from the Temporary Assistance for Needy Families Block Grant
to the Child Care and Development Fund Block Grant and the
Social Services Block Grant if the transfer of money will not
result in a deficit in an appropriation. The secretary shall
provide notice 10 days prior to a transfer to the chairperson
and minority chairperson of the Appropriations Committee of
the Senate and the chairperson and minority chairperson of
the Appropriations Committee of the House of Representatives.
Section 2. This act shall take effect July 1, 2021, or
immediately, whichever is later.
SECTION 1. SECTION 111-C OF THE ACT OF APRIL 9, 1929
(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 111-C. MONEY IN ACCOUNT.
* * *
(G) TRANSFER.--
(1) FEDERAL MONEY FROM THE CORONAVIRUS STATE FISCAL
RECOVERY FUND IN THE ACCOUNT OTHER THAN AMOUNTS APPROPRIATED
UNDER PART XXX OF THE ACT OF (P.L. , NO. ), KNOWN AS THE
GENERAL APPROPRIATION ACT OF 2021, SHALL BE TRANSFERRED TO
THE GENERAL FUND FOR USE UNDER 42 U.S.C. § 802(C)(1) (PUBLIC
LAW 117-2, 135 STAT. 223) FOR FISCAL YEARS BEGINNING AFTER
JUNE 30, 2022.
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(2) A TRANSFER UNDER PARAGRAPH (1) SHALL BE MADE BY THE
STATE TREASURER ON THE FOLLOWING SCHEDULE:
(I) FOR THE 2022-2023 FISCAL YEAR, THE TRANSFER
SHALL BE MADE NO EARLIER THAN JULY 31, 2022.
(II) FOR THE 2023-2024 FISCAL YEAR, THE TRANSFER
SHALL BE MADE NO EARLIER THAN JULY 31, 2023.
(3) THE AMOUNT OF THE TRANSFER UNDER PARAGRAPH (1) MADE
FOR A FISCAL YEAR MAY NOT BE HIGHER THAN THE AMOUNT WHICH MAY
BE USED FOR THE FISCAL YEAR UNDER 42 U.S.C. § 802(C)(1).
(4) ANY MONEY WHICH REMAINS IN THE ACCOUNT AFTER A
TRANSFER UNDER PARAGRAPH (1) SHALL BE TRANSFERRED UNDER
PARAGRAPH (2) IN THE FOLLOWING FISCAL YEAR.
SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 143-C. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER
CHARTER SCHOOLS.
(A) GENERAL RULE.--FROM MONEY APPROPRIATED FOR COVID RELIEF
- ARPA - ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF, THE
FOLLOWING SHALL APPLY:
(1) THE AMOUNT OF $249,847,658 SHALL BE DISTRIBUTED TO
SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS
AS GRANTS TO ADDRESS STUDENT LEARNING LOSS AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT, CHARTER SCHOOL OR CYBER CHARTER SCHOOL FROM THE
ALLOCATION OF FEDERAL FUNDS UNDER TITLE I, PART A OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (PUBLIC
LAW 89-10, 20 U.S.C. § 6301 ET SEQ.) FOR THE 2020-2021
SCHOOL YEAR BY $249,847,658.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY SCHOOL DISTRICTS, CHARTER
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SCHOOLS AND CYBER CHARTER SCHOOLS FROM THE ALLOCATION OF
FEDERAL FUNDS UNDER TITLE I, PART A OF THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 1965 FOR THE 2020-2021 SCHOOL
YEAR.
(2) THE AMOUNT OF $49,969,532 SHALL BE DISTRIBUTED TO
SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS
AS GRANTS FOR SUMMER ENRICHMENT PROGRAMS AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT, CHARTER SCHOOL OR CYBER CHARTER SCHOOL FROM THE
ALLOCATION OF FEDERAL FUNDS UNDER TITLE I, PART A OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 FOR THE
2020-2021 SCHOOL YEAR BY $49,969,532.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY SCHOOL DISTRICTS, CHARTER
SCHOOLS AND CYBER CHARTER SCHOOLS FROM THE ALLOCATION OF
FEDERAL FUNDS UNDER TITLE I, PART A OF THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 1965 FOR THE 2020-2021 SCHOOL
YEAR.
(3) THE AMOUNT OF $49,969,532 SHALL BE DISTRIBUTED TO
SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS
AS GRANTS FOR COMPREHENSIVE AFTER-SCHOOL PROGRAMS AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE SCHOOL
DISTRICT, CHARTER SCHOOL OR CYBER CHARTER SCHOOL FROM THE
ALLOCATION OF FEDERAL FUNDS UNDER TITLE I, PART A OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 FOR THE
2020-2021 SCHOOL YEAR BY $49,969,532.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY SCHOOL DISTRICTS, CHARTER
SCHOOLS AND CYBER CHARTER SCHOOLS FROM THE ALLOCATION OF
FEDERAL FUNDS UNDER TITLE I, PART A OF THE ELEMENTARY AND
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SECONDARY EDUCATION ACT OF 1965 FOR THE 2020-2021 SCHOOL
YEAR.
(B) GRANT USES.--GRANT MONEY RECEIVED UNDER THIS SECTION
SHALL BE USED BY THE SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER
CHARTER SCHOOLS TO IMPLEMENT EVIDENCE-BASED INTERVENTIONS TO
ADDRESS LEARNING LOSS, PROVIDE SUMMER ENRICHMENT PROGRAMS AND
PROVIDE COMPREHENSIVE AFTER-SCHOOL PROGRAMS IN RESPONSE TO THE
ACADEMIC, SOCIAL, EMOTIONAL AND MENTAL HEALTH NEEDS OF STUDENTS
AND SUBGROUPS OF STUDENTS IMPACTED BY THE COVID-19 PUBLIC HEALTH
EMERGENCY THAT SUPPLEMENT SCHOOL PROGRAMS AND ACTIVITIES.
(B.1) MINIMUM GRANT USE REQUIREMENTS.--A SCHOOL DISTRICT,
CHARTER SCHOOL OR CYBER CHARTER SCHOOL, IN CONSULTATION WITH THE
DEPARTMENT OF EDUCATION, SHALL AT A MINIMUM USE THE GRANT MONEY
UNDER SUBSECTION (A)(1) AS FOLLOWS:
(1) THIRTY PERCENT OF THE MONEY SHALL BE USED TO ADDRESS
THE SOCIAL, EMOTIONAL AND MENTAL HEALTH NEEDS OF STUDENTS.
(2) TEN PERCENT OF THE MONEY SHALL BE USED TO PROVIDE
PROFESSIONAL DEVELOPMENT AND TECHNICAL ASSISTANCE TO
EDUCATORS, SCHOOL SUPPORT STAFF, SCHOOL LEADERS AND SCHOOL
HEALTH PROFESSIONALS TO ADDRESS THE SOCIAL, EMOTIONAL AND
MENTAL HEALTH NEEDS OF STUDENTS.
(3) EIGHT PERCENT OF THE MONEY SHALL BE USED TO ADDRESS
READING REMEDIATION AND IMPROVEMENT FOR STUDENTS.
(C) USE OF MONEY.--THE MONEY ALLOCATED FOR DISTRIBUTION
UNDER THIS SECTION SHALL NOT LAPSE AND MUST BE UTILIZED THROUGH
THE PERIOD DURING WHICH ARPA - ELEMENTARY AND SECONDARY SCHOOL
EMERGENCY RELIEF FUNDS MAY BE SPENT ACCORDING TO FEDERAL LAW.
(D) EXISTING PERSONNEL.--WHEN AVAILABLE, EXISTING PERSONNEL
SHALL BE UTILIZED BY SCHOOL DISTRICTS, CHARTER SCHOOLS AND CYBER
CHARTER SCHOOLS TO STAFF PROGRAMS AND ACTIVITIES ESTABLISHED
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WITH GRANT MONEY UNDER THIS SECTION.
(E) NOTICE OF GRANT AMOUNT.--WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL NOTIFY
EACH SCHOOL DISTRICT, CHARTER SCHOOL AND CYBER CHARTER SCHOOL OF
THE AMOUNT OF GRANT MONEY, ITEMIZED BY PROGRAM AND ACTIVITY, TO
BE RECEIVED UNDER SUBSECTION (A).
(F) PLAN REQUIRED.--WITHIN 90 DAYS OF RECEIPT OF THE
NOTIFICATION UNDER SUBSECTION (E), THE SCHOOL DISTRICT, CHARTER
SCHOOL OR CYBER CHARTER SCHOOL SHALL SUBMIT A THREE-PART PLAN,
IN A MANNER DETERMINED BY THE DEPARTMENT OF EDUCATION, TO THE
DEPARTMENT OF EDUCATION THAT OUTLINES THE PROPOSED USE OF THE
GRANT MONEY, ITEMIZED BY PROGRAM AND ACTIVITY. THE PLAN SHALL
INCLUDE:
(1) A DESCRIPTION OF EACH PROGRAM AND ACTIVITY.
(2) A NARRATIVE OUTLINING THE EXPECTED BENEFIT OF EACH
PROGRAM AND ACTIVITY.
(3) A BUDGET FOR EACH PROGRAM AND ACTIVITY DETAILING
PERSONNEL AND OPERATING COSTS.
(G) DEPARTMENT REVIEW OF PLAN.--WITHIN 90 DAYS OF RECEIPT OF
A PLAN SUBMITTED UNDER SUBSECTION (F), THE DEPARTMENT OF
EDUCATION SHALL REVIEW AND APPROVE OR DENY THE PLAN. THE
DEPARTMENT MAY NOT APPLY CRITERIA IN ADDITION TO FEDERAL LAW OR
FEDERAL GUIDANCE WHEN APPROVING THE USE OF GRANT MONEY UNDER THE
PLAN. IF THE DEPARTMENT OF EDUCATION FAILS TO COMPLETE ITS
REVIEW OF A PLAN WITHIN 90 DAYS, THE PLAN SHALL BE DEEMED
APPROVED. IF THE DEPARTMENT OF EDUCATION DENIES A PLAN, THE
DEPARTMENT OF EDUCATION SHALL NOTIFY THE APPLICANT AND STATE THE
REASONS FOR THE DENIAL. A PLAN THAT IS DENIED MUST BE REVISED
AND RESUBMITTED TO THE DEPARTMENT OF EDUCATION WITHIN 15 DAYS IN
ORDER FOR THE DEPARTMENT OF EDUCATION TO CONTINUE TO REVIEW AND
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APPROVE OR DENY THE PLAN. WITHIN 30 DAYS OF RESUBMISSION OF A
DENIED PLAN, THE DEPARTMENT OF EDUCATION SHALL REVIEW AND
APPROVE OR DENY THE RESUBMITTED PLAN.
(H) REPORTING.--THE DEPARTMENT OF EDUCATION SHALL SUBMIT AN
INTERIM REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES NO LATER THAN NOVEMBER 1, 2021.
THE REPORT SHALL INCLUDE THE NUMBER OF APPROVED AND DENIED
PLANS, THE AMOUNT OF EACH GRANT AND THE INTENDED USES OF THE
GRANT MONEY AS STATED IN THE PLANS.
(I) FINAL REPORT.--THE DEPARTMENT OF EDUCATION SHALL SUBMIT
A FINAL REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES NO LATER THAN NOVEMBER 1, 2025.
THE REPORT SHALL INCLUDE:
(1) THE NUMBER OF APPROVED AND DENIED PLANS.
(2) THE AMOUNT OF EACH GRANT.
(3) THE INTENDED USES OF THE GRANT MONEY AS STATED IN
THE PLANS.
(4) AN ANALYSIS OF THE ACADEMIC IMPROVEMENT RESULTING
FROM THE PROGRAMS AND ACTIVITIES IMPLEMENTED BY SCHOOL
DISTRICTS, CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS WITH
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MONEY ALLOCATED FOR DISTRIBUTION UNDER THIS SECTION.
SECTION 144-C. EMERGENCY RELIEF FOR OTHER EDUCATIONAL ENTITIES.
(A) GENERAL RULE.--FROM MONEY APPROPRIATED FOR COVID RELIEF
- ARPA - ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF, THE
FOLLOWING SHALL APPLY:
(1) THE AMOUNT OF $43,500,000 SHALL BE DISTRIBUTED TO
AREA CAREER AND TECHNICAL SCHOOLS AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE AREA CAREER
AND TECHNICAL SCHOOL FROM THE SECONDARY CAREER AND
TECHNICAL EDUCATION SUBSIDY UNDER SECTION 2502.8 OF THE
ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
PUBLIC SCHOOL CODE OF 1949, FOR SCHOOL YEAR 2019-2020 BY
$43,500,000.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY AREA CAREER AND TECHNICAL
SCHOOLS FROM THE SECONDARY CAREER AND TECHNICAL EDUCATION
SUBSIDY UNDER SECTION 2502.8 OF THE PUBLIC SCHOOL CODE OF
1949 FOR SCHOOL YEAR 2019-2020.
(2) THE AMOUNT OF $15,000,000 SHALL BE DISTRIBUTED TO
APPROVED PRIVATE SCHOOLS, THE CHARTERED SCHOOLS FOR THE
EDUCATION OF THE DEAF OR THE BLIND AND THE PRIVATE
RESIDENTIAL REHABILITATIVE INSTITUTIONS AS FOLLOWS:
(I) MULTIPLY THE 2019-2020 AVERAGE DAILY MEMBERSHIP
OF THE APPROVED PRIVATE SCHOOL, CHARTERED SCHOOL FOR THE
EDUCATION OF THE DEAF OR THE BLIND OR PRIVATE RESIDENTIAL
REHABILITATIVE INSTITUTION BY $15,000,000.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE 2019-2020 AVERAGE DAILY MEMBERSHIP FOR ALL
APPROVED PRIVATE SCHOOLS, CHARTERED SCHOOLS FOR THE
EDUCATION OF THE DEAF OR THE BLIND AND PRIVATE
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RESIDENTIAL REHABILITATIVE INSTITUTIONS.
(3) THE AMOUNT OF $43,500,000 SHALL BE DISTRIBUTED TO
INTERMEDIATE UNITS AS FOLLOWS:
(I) MULTIPLY THE INTERMEDIATE UNIT'S 2020-2021
MARKET VALUE/INCOME AID RATIO BY THE INTERMEDIATE UNIT'S
2019-2020 AVERAGE DAILY MEMBERSHIP.
(II) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (I) BY
$43,500,000.
(III) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (II) BY
THE SUM OF THE PRODUCTS OF THE 2020-2021 MARKET
VALUE/INCOME AID RATIO MULTIPLIED BY THE 2019-2020
AVERAGE DAILY MEMBERSHIP FOR ALL INTERMEDIATE UNITS.
(IV) EACH INTERMEDIATE UNIT SHALL RESERVE 10% OF ITS
ALLOCATION UNDER THIS PARAGRAPH TO PROVIDE SUPPORT TO
SCHOOL ENTITIES, IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION.
(V) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM
"AVERAGE DAILY MEMBERSHIP" SHALL MEAN THE SUM OF THE
AVERAGE DAILY MEMBERSHIP OF THE INTERMEDIATE UNIT'S
COMPONENT SCHOOL DISTRICTS.
(4) THE AMOUNT OF $14,000,000 SHALL BE DISTRIBUTED TO
ADDITIONAL TARGETED SUPPORT AND IMPROVEMENT SCHOOLS UNDER THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (PUBLIC LAW
89-10, 20 U.S.C. § 6301 ET SEQ.) AS FOLLOWS:
(I) MULTIPLY THE 2019-2020 ECONOMICALLY
DISADVANTAGED ENROLLMENT OF THE ADDITIONAL TARGETED
SUPPORT AND IMPROVEMENT SCHOOL BY $14,000,000.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE 2019-2020 ECONOMICALLY DISADVANTAGED
ENROLLMENT FOR ALL ADDITIONAL TARGETED SUPPORT AND
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IMPROVEMENT SCHOOLS.
FOR PURPOSES OF THIS PARAGRAPH, "ECONOMICALLY DISADVANTAGED
ENROLLMENT" SHALL MEAN THE ECONOMICALLY DISADVANTAGED
ENROLLMENT REPORTED THROUGH THE PENNSYLVANIA INFORMATION
MANAGEMENT SYSTEM IN OCTOBER 2019.
(5) THE AMOUNT OF $19,908,593 SHALL BE DISTRIBUTED TO
EDUCATIONAL PROGRAMS FOR NEGLECTED, DELINQUENT AND AT-RISK
YOUTH AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE EDUCATION
PROGRAM FOR NEGLECTED, DELINQUENT AND AT-RISK YOUTH FROM
THE ALLOCATION OF FEDERAL FUNDS UNDER TITLE I, PART D OF
THE ELEMENTARY AND SECONDARY EDUCATION SCHOOL ACT OF
1965, RELATED TO EDUCATIONAL PROGRAMS FOR NEGLECTED,
DELINQUENT AND AT-RISK YOUTH FOR THE SCHOOL YEAR 2021-
2022, BY $19,908,593.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY EDUCATIONAL PROGRAMS FOR
NEGLECTED, DELINQUENT AND AT-RISK YOUTH FROM THE
ALLOCATION OF FEDERAL FUNDS UNDER TITLE I, PART D OF THE
ELEMENTARY AND SECONDARY EDUCATION SCHOOL ACT OF 1965,
RELATED TO EDUCATIONAL PROGRAMS FOR NEGLECTED, DELINQUENT
AND AT-RISK YOUTH FOR THE SCHOOL YEAR 2021-2022.
FOR PURPOSES OF THIS PARAGRAPH, "EDUCATIONAL PROGRAMS FOR
NEGLECTED, DELINQUENT AND AT-RISK YOUTH" SHALL MEAN:
(I) AN ADULT CORRECTIONAL INSTITUTION IN WHICH
PERSONS, INCLUDING PERSONS UNDER 21 YEARS OF AGE, ARE
CONFINED AS A RESULT OF CONVICTION FOR A CRIMINAL
OFFENSE.
(II) AN INSTITUTION FOR DELINQUENT CHILDREN AND
YOUTH, AS DETERMINED BY THE DEPARTMENT OF EDUCATION,
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WHETHER A PUBLIC OR PRIVATE RESIDENTIAL FACILITY, OTHER
THAN A FOSTER HOME, OPERATED PRIMARILY FOR THE CARE OF
CHILDREN AND YOUTH WHO HAVE BEEN ADJUDICATED DELINQUENT
OR IN NEED OF SUPERVISION AND HAVE HAD AN AVERAGE LENGTH
OF STAY IN THE INSTITUTION OF AT LEAST 30 DAYS.
(III) AN INSTITUTION FOR NEGLECTED CHILDREN AND
YOUTH, AS DETERMINED BY THE DEPARTMENT OF EDUCATION,
WHETHER A PUBLIC OR PRIVATE RESIDENTIAL FACILITY, OTHER
THAN A FOSTER HOME, OPERATED PRIMARILY FOR THE CARE OF
CHILDREN AND YOUTH WHO HAVE BEEN COMMITTED TO THE
INSTITUTION OR VOLUNTARILY PLACED IN THE INSTITUTION
UNDER APPLICABLE STATE LAW DUE TO:
(A) ABANDONMENT;
(B) NEGLECT; OR
(C) DEATH OF THEIR PARENTS OR GUARDIANS AND HAVE
HAD AN AVERAGE LENGTH OF STAY IN THE INSTITUTION OF
AT LEAST 30 DAYS.
(IV) A COMMUNITY DAY PROGRAM THAT PROVIDES A REGULAR
PROGRAM OF INSTRUCTION THROUGH A STATE AGENCY AT A
COMMUNITY DAY SCHOOL OPERATED SPECIFICALLY FOR NEGLECTED,
DELINQUENT AND AT-RISK YOUTH.
(B) USE OF MONEY.--THE MONEY ALLOCATED FOR DISTRIBUTION
UNDER THIS SECTION SHALL NOT LAPSE AND MUST BE UTILIZED THROUGH
THE PERIOD DURING WHICH ARPA - ELEMENTARY AND SECONDARY SCHOOL
EMERGENCY RELIEF FUNDS MAY BE SPENT ACCORDING TO FEDERAL LAW.
SECTION 145-C. EMERGENCY EDUCATION RELIEF TO NONPUBLIC SCHOOLS.
(A) APPLICATION AND REPORTING.--FROM MONEY APPROPRIATED FOR
COVID RELIEF - ARPA - EMERGENCY ASSISTANCE TO NON-PUBLIC
SCHOOLS, THE FOLLOWING SHALL APPLY:
(1) THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO
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NONPUBLIC SCHOOLS THAT ARE ELIGIBLE TO APPLY FOR MONEY UNDER
THIS SECTION A NOTICE AND APPLICATION WHICH INCLUDES THE
APPROPRIATE USES OF THE MONEY AND ANY OTHER INFORMATION
REQUIRED. THE NOTICE AND APPLICATION SHALL BE PROVIDED NO
LATER THAN 30 DAYS AFTER THE COMMONWEALTH RECEIVES THE MONEY
FROM THE FEDERAL GOVERNMENT.
(2) THE DEPARTMENT OF EDUCATION SHALL APPROVE OR DENY AN
APPLICATION UNDER THIS SECTION NO LATER THAN 30 DAYS AFTER
THE RECEIPT OF THE APPLICATION.
(3) THE DEPARTMENT OF EDUCATION MAY NOT APPLY
ELIGIBILITY CRITERIA OTHER THAN THAT REQUIRED BY FEDERAL LAW
OR FEDERAL GUIDANCE.
(4) THE DEPARTMENT OF EDUCATION SHALL SUBMIT AN INTERIM
REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES NOT LATER THAN 90
DAYS AFTER AN AWARD OF MONEY IS MADE UNDER THIS SECTION. THE
REPORT SHALL INCLUDE THE NUMBER OF APPROVED AND DENIED
APPLICATIONS, THE AMOUNT OF EACH AWARD AND THE INTENDED USES
OF THE MONEY AS STATED IN THE APPLICATIONS.
(5) THE DEPARTMENT OF EDUCATION SHALL SUBMIT A FINAL
REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE AND THE
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CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES BY JUNE 30, 2022.
THE REPORT SHALL INCLUDE THE NUMBER OF APPROVED AND DENIED
APPLICATIONS UNDER THIS SECTION, THE AMOUNT OF EACH AWARD AND
THE INTENDED USES OF THE MONEY AS STATED IN THE APPLICATION.
(B) (RESERVED).
SECTION 146-C. FUNDING FOR LIBRARY SERVICES.
(A) GENERAL RULE.--FROM MONEY APPROPRIATED FOR COVID RELIEF
- ARPA - IMLS, THE FOLLOWING SHALL APPLY:
(1) EACH LIBRARY RECEIVING AN ALLOCATION IN FISCAL YEAR
2020-2021 UNDER SECTION 2324 OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
SHALL RECEIVE AN EQUAL SHARE OF $890,000.
(2) THE AMOUNT OF $3,810,000 SHALL BE DISTRIBUTED TO
LIBRARIES AS FOLLOWS:
(I) MULTIPLY THE AMOUNT RECEIVED BY THE LIBRARY IN
FISCAL YEAR 2020-2021 UNDER SECTION 2324 OF THE PUBLIC
SCHOOL CODE OF 1949 BY $3,810,000.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE
SUM OF THE AMOUNTS RECEIVED BY LIBRARIES UNDER SECTION
2324 OF THE PUBLIC SCHOOL CODE OF 1949.
(3) THE AMOUNT OF $86,000 SHALL BE ALLOCATED TO THE
STATE LIBRARY FOR ADMINISTRATION.
(B) (RESERVED).
SECTION 147-C. ALLOCATION FROM ARPA - ELEMENTARY AND SECONDARY
SCHOOL EMERGENCY RELIEF - ADMINISTRATION.
(A) GENERAL RULE.--FROM MONEY APPROPRIATED FOR COVID RELIEF
- ARPA - ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF -
ADMINISTRATION, THE SUM OF $14,000,000 SHALL BE ALLOCATED TO THE
DEPARTMENT OF EDUCATION FOR ADMINISTRATIVE COSTS, INCLUDING
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COSTS TO MANAGE AND OVERSEE THE ARPA - ELEMENTARY AND SECONDARY
SCHOOL EMERGENCY RELIEF AND ARPA - EMERGENCY ASSISTANCE TO NON-
PUBLIC SCHOOLS FUNDS AND REPORTING REQUIREMENTS.
(B) USE OF MONEY.--THE MONEY ALLOCATED UNDER THIS SECTION
SHALL NOT LAPSE AND MUST BE UTILIZED THROUGH THE PERIOD DURING
WHICH ARPA - ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF
FUNDS MAY BE SPENT ACCORDING TO FEDERAL LAW.
SECTION 3. SECTION 150-C(B)(3) OF THE ACT, ADDED MAY 29,
2020 (P.L.186, NO.24), IS AMENDED TO READ:
SECTION 150-C. DEPARTMENT OF HEALTH.
* * *
(B) LIMITATIONS.--THE FOLLOWING SHALL APPLY:
* * *
(3) A PAYMENT RECEIVED UNDER THIS SECTION MAY ONLY BE
USED TO COVER NECESSARY COVID-19-RELATED COSTS, INCLUDING,
BUT NOT LIMITED TO, THOSE:
(I) NOT OTHERWISE REIMBURSED BY FEDERAL, STATE OR
ANOTHER SOURCE OF FUNDING.
(II) INCURRED DURING THE PERIOD [BETWEEN] BEGINNING
MARCH 1, 2020, AND [NOVEMBER 30, 2020] ENDING DECEMBER
31, 2021.
(III) SUBPARAGRAPH (II) SHALL NOT APPLY TO
UNEXPENDED FUNDS RETURNED AND APPROPRIATED UNDER SECTION
111-C(D.1).
SECTION 4. SECTION 160-C(A)(11)(III) OF THE ACT, ADDED MAY
29, 2020 (P.L.186, NO.24), IS AMENDED AND THE SUBSECTION IS
AMENDED BY ADDING PARAGRAPHS TO READ:
SECTION 160-C. USE OF MONEY.
(A) USES.--THE FOLLOWING SHALL APPLY:
* * *
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(10.1) SUBJECT TO PARAGRAPH (12), FROM MONEY
APPROPRIATED FOR COVID RELIEF - ARPA - LONG-TERM LIVING
PROGRAMS, $282,000,000 SHALL BE USED FOR THE FOLLOWING
PURPOSES:
(I) THE SUM OF $247,000,000, FOR THE PURPOSE OF
MAKING PAYMENTS TO NONPUBLIC AND COUNTY NURSING
FACILITIES, WHICH SHALL BE ALLOCATED AS FOLLOWS:
(A) OF THE AMOUNT UNDER THIS SUBPARAGRAPH,
$198,000,000 SHALL BE DISTRIBUTED AS A ONE-TIME
PAYMENT TO EACH NONPUBLIC AND COUNTY NURSING
FACILITY, WHICH SHALL BE DETERMINED AS FOLLOWS:
(I) DIVIDE:
(A) THE FACILITY'S NUMBER OF MEDICAL
ASSISTANCE DAYS FOR THE THIRD QUARTER OF
CALENDAR YEAR 2019 AS REPORTED UNDER ARTICLE
VIII-A OF THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE; BY
(B) THE TOTAL NUMBER OF MEDICAL
ASSISTANCE DAYS FOR ALL FACILITIES FOR THE
THIRD QUARTER OF CALENDAR YEAR 2019 AS
REPORTED UNDER ARTICLE VIII-A OF THE HUMAN
SERVICES CODE.
(II) MULTIPLY:
(A) THE QUOTIENT UNDER SUBCLAUSE (I); BY
(B) $198,000,000.
(B) OF THE AMOUNT UNDER THIS SUBPARAGRAPH,
$49,000,000 SHALL BE DISTRIBUTED AS A ONE-TIME
PAYMENT TO EACH NONPUBLIC AND COUNTY NURSING
FACILITY, WHICH SHALL BE DETERMINED AS FOLLOWS:
(I) DIVIDE:
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(A) THE NUMBER OF THE FACILITY'S
LICENSED BEDS AS OF MARCH 31, 2020; BY
(B) THE TOTAL LICENSED BEDS OF ALL
NONPUBLIC AND COUNTY NURSING FACILITIES AS OF
MARCH 31, 2020.
(II) MULTIPLY:
(A) THE QUOTIENT UNDER SUBCLAUSE (I); BY
(B) $49,000,000.
(II) THE SUM OF $5,000,000 SHALL BE USED BY THE
DEPARTMENT OF HUMAN SERVICES FOR THE PURPOSE OF AWARDING
GRANTS UNDER THIS SECTION AS FOLLOWS:
(A) THE DEPARTMENT SHALL DEVELOP AN APPLICATION
FOR LONG-TERM CARE FACILITIES TO APPLY FOR A GRANT
UNDER THIS SUBPARAGRAPH WITHIN 30 DAYS OF THE
EFFECTIVE DATE OF THIS SECTION. THE APPLICATION SHALL
BE MADE AVAILABLE AND POSTED ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) A LONG-TERM CARE FACILITY MAY BE ELIGIBLE
FOR A GRANT UNDER THIS SUBPARAGRAPH FOR THE
IMPLEMENTATION OF BEST PRACTICES REGARDING INDOOR AIR
MANAGEMENT STRATEGIES AIMED AT REDUCING THE RISK OF
TRANSMISSION OF, AND OCCUPANT EXPOSURE TO COVID-19,
INCLUDING ANY OF THE FOLLOWING:
(I) DILUTION.
(II) AIRFLOW PATTERNS.
(III) OUTDOOR AIR VENTILATION.
(IV) PRESSURIZATION.
(V) DEMAND-CONTROLLED VENTILATION.
(VI) TEMPERATURE AND HUMIDITY DISTRIBUTION
AND CONTROL.
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(VII) FILTRATION.
(VIII) ULTRAVIOLET GERMICIDAL IRRADIATION.
(IX) PERSONALIZED VENTILATION SYSTEMS FOR
CERTAIN HIGH-RISK TASKS.
(X) PORTABLE, FREE-STANDING HIGH-EFFICIENCY
PARTICULATE AIR FILTERS.
(XI) IONIZATION TECHNOLOGY.
(XII) OZONATION.
(C) TO THE EXTENT FUNDS ARE AVAILABLE, THE
DEPARTMENT MAY AWARD A GRANT TO A LONG-TERM CARE
FACILITY IN ACCORDANCE WITH THIS SUBPARAGRAPH, WHICH
MAY NOT EXCEED $15,000.
(D) THE DEPARTMENT SHALL ENSURE THAT GRANTS
UNDER THIS SUBPARAGRAPH ARE MADE AVAILABLE TO ALL
GEOGRAPHIC AREAS OF THIS COMMONWEALTH.
(E) GRANTS MAY BE AWARDED TO ANY OF THE
FOLLOWING LONG-TERM CARE FACILITIES:
(I) A LONG-TERM CARE NURSING FACILITY AS
DEFINED IN SECTION 802.1 OF THE ACT OF JULY 19,
1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
FACILITIES ACT.
(II) AN ASSISTED LIVING RESIDENCE AS DEFINED
IN SECTION 1001 OF THE ACT OF JUNE 13, 1967
(P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES
CODE.
(III) A PERSONAL CARE HOME AS DEFINED IN
SECTION 1001 OF THE HUMAN SERVICES CODE.
(III) THE SUM OF $30,000,000 FOR THE PURPOSE OF
MAKING PAYMENTS TO ASSISTED LIVING RESIDENCES AND
PERSONAL CARE HOMES, WHICH SHALL BE ALLOCATED AS FOLLOWS:
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(A) OF THE AMOUNT UNDER THIS SUBPARAGRAPH,
$27,000,000 SHALL BE DISTRIBUTED AS A ONE-TIME
PAYMENT TO EACH ASSISTED LIVING RESIDENCE AND
PERSONAL CARE HOME, WHICH SHALL BE DETERMINED AS
FOLLOWS:
(I) DIVIDE:
(A) THE OCCUPANCY OF THE ASSISTED LIVING
RESIDENCE OR PERSONAL CARE HOME, AS
DETERMINED BY THE DEPARTMENT OF HUMAN
SERVICES' MOST RECENT INSPECTION ON OR BEFORE
APRIL 1, 2020; BY
(B) THE TOTAL OCCUPANCY OF ALL ASSISTED
LIVING RESIDENCES, INCLUDING THOSE WITH A
SPECIAL CARE DESIGNATION, AND PERSONAL CARE
HOMES, AS DETERMINED BY THE DEPARTMENT OF
HUMAN SERVICES' MOST RECENT INSPECTIONS ON OR
BEFORE APRIL 1, 2020.
(II) MULTIPLY:
(A) THE QUOTIENT UNDER SUBCLAUSE (I); BY
(B) $27,000,000.
(B) OF THE AMOUNT UNDER THIS SUBPARAGRAPH,
$3,000,000 SHALL BE DISTRIBUTED AS A ONE-TIME PAYMENT
TO EACH PERSONAL CARE HOME, WHICH SHALL BE DETERMINED
AS FOLLOWS:
(I) DIVIDE:
(A) THE PERSONAL CARE FACILITY'S NUMBER
OF INDIVIDUALS FOR WHOM THE FACILITY RECEIVED
A PAYMENT FROM THE DEPARTMENT OF HUMAN
SERVICES FOR SUPPLEMENTAL SECURITY INCOME IN
MARCH 2020; BY
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(B) THE TOTAL OF ALL PERSONAL CARE
FACILITIES' INDIVIDUALS FOR WHOM PAYMENTS FOR
SUPPLEMENTAL SECURITY INCOME WERE MADE BY THE
DEPARTMENT OF HUMAN SERVICES IN MARCH 2020.
(II) MULTIPLY:
(A) THE QUOTIENT UNDER SUBCLAUSE (I); BY
(B) $3,000,000.
(11) THE FOLLOWING APPLY:
* * *
(III) A PAYMENT RECEIVED UNDER THIS SECTION MAY ONLY
BE USED TO COVER NECESSARY COVID-19 RELATED COSTS,
INCLUDING, BUT NOT LIMITED TO, A COST:
(A) NOT OTHERWISE REIMBURSED BY FEDERAL, STATE
OR OTHER SOURCE OF FUNDING; AND
(B) INCURRED DURING THE PERIOD [BETWEEN]
BEGINNING MARCH 1, 2020, AND [NOVEMBER 30, 2020.]
ENDING DECEMBER 31, 2021.
(C) CLAUSE (B) SHALL NOT APPLY TO UNEXPENDED
FUNDS RETURNED AND APPROPRIATED UNDER SECTION 111-
C(D.1).
(12) THE FOLLOWING APPLY TO AN ELIGIBLE PERSON OR ENTITY
RECEIVING A PAYMENT UNDER PARAGRAPH (10.1):
(I) AN ELIGIBLE PERSON OR ENTITY RECEIVING A PAYMENT
UNDER THIS SECTION MUST BE IN OPERATION AS OF JUNE 1,
2021.
(II) A PERSON OR ENTITY RECEIVING A PAYMENT SHALL
PROVIDE DOCUMENTATION TO THE DEPARTMENT OF HUMAN
SERVICES, IN A FORMAT PRESCRIBED BY THE DEPARTMENT, FOR
PURPOSES OF AN AUDIT REVIEW.
(III) A PAYMENT RECEIVED MAY NOT OTHERWISE BE
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REIMBURSED BY A FEDERAL, STATE OR OTHER SOURCE OF
FUNDING.
(IV) A PAYMENT RECEIVED SHALL BE OBLIGATED BY
DECEMBER 31, 2024, AND SPENT BY DECEMBER 31, 2026.
* * *
SECTION 5. ARTICLE I-C OF THE ACT IS AMENDED BY ADDING A
SUBARTICLE TO READ:
SUBARTICLE M
PENNSYLVANIA HOUSING FINANCE AGENCY
SECTION 194-C. CONSTRUCTION COST RELIEF PROGRAM.
(A) ESTABLISHMENT.--THE CONSTRUCTION COST RELIEF PROGRAM IS
ESTABLISHED IN THE AGENCY TO SUPPORT THE PRODUCTION OF
DEVELOPMENTS BY ADDRESSING FINANCIAL DEFICIENCIES DIRECTLY
ATTRIBUTABLE TO THE EFFECTS OF THE COVID-19 PANDEMIC. MONEY
APPROPRIATED TO THE AGENCY FOR COVID RELIEF - ARPA -
CONSTRUCTION COST RELIEF, SHALL BE USED TO MAKE AWARDS UNDER THE
PROGRAM UNDER THIS SECTION.
(B) ELIGIBILITY.--A DEVELOPMENT WHICH MEETS ALL OF THE
FOLLOWING SHALL BE ELIGIBLE FOR AN AWARD UNDER THIS SECTION:
(1) HAS RECEIVED A CONDITIONAL ALLOCATION FROM THE
AGENCY OF LOW-INCOME HOUSING TAX CREDITS UNDE R SECTION 42 OF
THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26
U.S.C. § 42) DURING THE 2019, 2020 OR 2021 APPLICATION
CYCLES.
(2) HAS NOT, AS OF THE EFFECTIVE DATE OF THIS SECTION,
RECEIVED A CERTIFICATE OF OCCUPANCY FOR EACH UNIT WITHIN THE
DEVELOPMENT.
(3) HAS EXPERIENCED A COST INCREASE RELATED TO
CONSTRUCTION MATERIAL PRICING OR HAS EXPERIENCED A LOSS IN
EQUITY INVESTMENT AS A DIRECT RESULT OF CONDITIONS ARISING
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DUE TO EFFECTS OF THE COVID-19 PANDEMIC, WHICH FURTHER
JEOPARDIZED COMPLETION OF THE PROJECT.
(C) APPLICATION.--THE AGENCY SHALL MAKE AVAILABLE TO AN
ELIGIBLE DEVELOPMENT AN APPLICATION THAT REQUIRES INFORMATION,
AS DETERMINED NECESSARY BY THE AGENCY, TO VERIFY THE NEED OF THE
DEVELOPMENT AND TO DETERMINE THE EXTENT TO WHICH THE AWARDS
SHOULD BE AWARDED, WHILE ENSURING THAT THE DEVELOPMENT REMAINS
IN COMPLIANCE WITH THE LOW-INCOME HOUSING TAX CREDIT PROGRAM.
(D) DETERMINATION.--
(1) UPON A DETERMINATION OF ELIGIBILITY FOR MONEY FROM
THE FUND, THE AGENCY SHALL PROVIDE THE DEVELOPMENT WITH A
LETTER OF COMMITMENT INDICATING THE CONDITIONAL AWARD AMOUNT.
(2) THE AGENCY SHALL USE THE SAME CLOSING PROCESS AND
TERMS FOR AN AWARD OF MONEY FROM THE FUND AS IS USED FOR AN
AWARD FROM THE PENNSYLVANIA HOUSING AFFORDABILITY AND
REHABILITATION ENHANCEMENT PROGRAM FOR A LOW-INCOME HOUSING
TAX CREDIT RECIPIENT DEVELOPMENT.
(E) LIMITATION.--MONEY APPROPRIATED FOR THE PROGRAM UNDER
THIS SECTION MAY NOT BE USED TO SUPPLANT OTHER AGENCY-COMMITTED
RESOURCES EXCEPT IF THE DEVELOPMENT RISKS NONCOMPLIANCE WITH THE
LOW-INCOME HOUSING TAX CREDIT PROGRAM.
(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:
"AGENCY." THE PENNSYLVANIA HOUSING FINANCE AGENCY.
"DEVELOPMENT." AN AFFORDABLE MULTI-FAMILY RENTAL
DEVELOPMENT.
SECTION 6. SECTIONS 102-D(B), 103-D(A)(7.1) AND (8) AND 105-
D OF THE ACT, ADDED FEBRUARY 5, 2021 (P.L.1, NO.1), ARE AMENDED
TO READ:
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SECTION 102-D. RENTAL AND UTILITY ASSISTANCE GRANT PROGRAM.
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(B) COUNTY.--EACH COUNTY IS ELIGIBLE TO PARTICIPATE IN THE
PROGRAM. THE FOLLOWING SHALL APPLY:
(1) GRANT FUNDS RECEIVED BY A COUNTY UNDER THIS ARTICLE
SHALL BE USED FOR THE PROVISION OF SERVICES UNDER SUBSECTION
(A). TO THE EXTENT PERMITTED BY FEDERAL LAW, ASSOCIATED
ADMINISTRATIVE COSTS AND HOUSING STABILITY SERVICES SHALL NOT
EXCEED 9.09% OF THE AMOUNT OF THE GRANT FUNDS. [NOT MORE THAN
5% OF THE GRANT FUNDS SHALL BE UTILIZED TO COVER THE COSTS OF
ADMINISTERING THE PROGRAM.]
(2) A COUNTY MAY NOT USE THE GRANT FUNDS RECEIVED AS THE
NON-STATE MATCH FOR OTHER STATE FUNDS, PROGRAMS OR GRANTS.
(3) COUNTIES THAT PARTICIPATE IN THE HUMAN SERVICES
BLOCK GRANT PROGRAM UNDER ARTICLE XIV-B OF THE ACT OF JUNE
13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE,
MUST USE THE FUNDS FOR ELIGIBLE SERVICES UNDER THIS ARTICLE.
(4) A COUNTY IS PROHIBITED FROM PLACING ANY
STIPULATIONS, RESTRICTIONS OR LIMITATIONS ON ASSISTANCE OR
ELIGIBILITY THAT ARE IN ADDITION TO FEDERAL LAW OR GUIDANCE
OR THIS ARTICLE.
* * *
SECTION 103-D. DEPARTMENT.
(A) POWERS AND DUTIES.--THE DEPARTMENT SHALL HAVE THE POWER
AND DUTY TO:
* * *
(7.1) [PREPARE] PREPARE A MONTHLY CONSOLIDATED REPORT
WITH INFORMATION FROM ALL COUNTIES SUBMITTED UNDER SECTION
104-D(4) AND SHALL SUBMIT THE REPORT ON A MONTHLY BASIS TO
THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
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APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF
THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL ALSO BE POSTED
AND MAINTAINED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE.
(8) BY [MARCH 31, 2022,] DECEMBER 20, 2022, OR 90 DAYS
AFTER ANY UPDATED FEDERAL DEADLINE FOR THE USE OF FUNDS FOR
EMERGENCY RENTAL ASSISTANCE UNDER THE CONSOLIDATED
APPROPRIATIONS ACT, 2021 (PUBLIC LAW 116-260, 134 STAT.
1182), WHICHEVER IS LATER, ISSUE A REPORT TO THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF
THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES
AND SHALL POST THE REPORT TO THE DEPARTMENT'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE. THE REPORT SHALL INCLUDE THE
FOLLOWING INFORMATION:
(I) THE TOTAL AMOUNT OF FUNDS RECEIVED BY A COUNTY.
(II) THE TOTAL AMOUNT OF FUNDS SPENT BY A COUNTY FOR
SERVICES UNDER SECTION 102-D(A).
(III) THE TOTAL AMOUNT OF EXCESS FUNDING OR
SHORTFALL IDENTIFIED BY A COUNTY AS OF [DECEMBER 31,
2021.] SEPTEMBER 20, 2022, OR AS OF ANY UPDATED FEDERAL
DEADLINE FOR THE USE OF FUNDS FOR EMERGENCY RENTAL
ASSISTANCE UNDER THE CONSOLIDATED APPROPRIATIONS ACT,
2021, WHICHEVER IS LATER.
(IV) THE TOTAL NUMBER OF HOUSEHOLDS THAT APPLIED FOR
ASSISTANCE.
(V) THE TOTAL NUMBER OF HOUSEHOLDS THAT RECEIVED
ASSISTANCE.
(VI) THE TOTAL AMOUNT OF FUNDING SOUGHT BY SERVICES
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UNDER SECTION 102-D(A).
(VII) THE TOTAL AMOUNT OF ASSISTANCE PROVIDED BY
SERVICES UNDER SECTION 102-D(A).
(VIII) AN ITEMIZATION OF ALL EXPENDITURES FOR
ADMINISTRATIVE COSTS.
* * *
SECTION 105-D. REALLOCATION OF GRANTS.
(A) OBLIGATED FUNDS.--COUNTIES MUST CERTIFY TO THE
DEPARTMENT BY JULY 31, 2021:
(1) [WHETHER THE COUNTY HAS OBLIGATED 65%] THE
PERCENTAGE OF ITS GRANT FUNDS OBLIGATED UNDER SECTION 102-
D(C).
(2) (I) THE AMOUNT OF FUNDING THAT IS EXPECTED TO BE
OBLIGATED FOR THE PERIOD AUGUST 1, 2021, THROUGH
[DECEMBER 31, 2021, ALONG WITH] SEPTEMBER 20, 2022, OR AS
OF ANY UPDATED FEDERAL DEADLINE FOR THE USE OF FUNDS FOR
EMERGENCY RENTAL ASSISTANCE UNDER THE CONSOLIDATED
APPROPRIATIONS ACT, 2021 (PUBLIC LAW 116-260, 134 STAT.
1182) , WHICHEVER IS LATER; AND
(II) PROJECTIONS OF ANY EXCESS FUNDING OR A FUNDING
SHORTFALL THROUGH [DECEMBER 31, 2021.] SEPTEMBER 20,
2022, OR AS OF ANY UPDATED FEDERAL DEADLINE FOR THE USE
OF FUNDS FOR EMERGENCY RENTAL ASSISTANCE UNDER THE
CONSOLIDATED APPROPRIATIONS ACT, 2021, WHICHEVER IS
LATER.
(B) TIME.--IF THE [COUNTY CERTIFIES] DEPARTMENT DETERMINES
THAT EXCESS FUNDS WILL REMAIN ON [DECEMBER 31, 2021, BEGINNING
AUGUST 15, 2021,] SEPTEMBER 20, 2022, OR AS OF ANY UPDATED
FEDERAL DEADLINE FOR THE USE OF FUNDS FOR EMERGENCY RENTAL
ASSISTANCE UNDER THE CONSOLIDATED APPROPRIATIONS ACT, 2021,
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WHICHEVER IS LATER, THE DEPARTMENT MAY RECOUP AND REALLOCATE
EXCESS FUNDING TO OTHER COUNTIES THAT HAVE DEMONSTRATED A
FUNDING SHORTFALL. ANY FUNDING SHALL BE REALLOCATED BY THE
DEPARTMENT ACCORDING TO THE REALLOCATION METHODOLOGY UNDER
SECTION 103-D(A)(7).
(C) ADDITIONAL ALLOCATION.--IF THE COMMONWEALTH RECEIVES AN
ADDITIONAL ALLOCATION UNDER THE CONSOLIDATED APPROPRIATIONS ACT,
2021, AS A RESULT OF OTHER STATES NOT HAVING MET THEIR THRESHOLD
UNDER FEDERAL LAW, THE DEPARTMENT SHALL DISTRIBUTE REALLOCATED
FUNDING TO COUNTIES WHO HAVE OBLIGATED [AT LEAST 65%] A
SPECIFIED PERCENTAGE OF THEIR INITIAL ALLOCATION, AS DETERMINED
BY THE DEPARTMENT, BY [JULY 31, 2021] SEPTEMBER 30, 2021,
ACCORDING TO THE REALLOCATION METHODOLOGY UNDER SECTION 103-D(A)
(7) AND HAVE CERTIFIED A SHORTFALL DEMONSTRATING ADDITIONAL NEED
UNDER SUBSECTION (A)(2).
SECTION 7. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE I-E
AMERICAN RESCUE PLAN RENTAL AND
UTILITY ASSISTANCE GRANT PROGRAM
SECTION 101-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:
"AMERICAN RESCUE PLAN." AMERICAN RESCUE PLAN ACT OF 2021
(PUBLIC LAW 117-2, 135 STAT. 4).
"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE
COMMONWEALTH.
"PROGRAM." THE AMERICAN RESCUE PLAN RENTAL AND UTILITY
ASSISTANCE GRANT PROGRAM ESTABLISHED UNDER SECTION 102-E.
"UTILITIES." INCLUDES SEPARATELY STATED ELECTRICITY, GAS,
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WATER AND SEWER, TRASH REMOVAL AND ENERGY COSTS, SUCH AS FUEL
OIL. TELECOMMUNICATIONS SERVICES, SUCH AS TELEPHONE AND CABLE,
DELIVERED TO THE RENTAL DWELLING ARE NOT CONSIDERED TO BE
UTILITIES.
SECTION 102-E. AMERICAN RESCUE PLAN RENTAL AND UTILITY
ASSISTANCE GRANT PROGRAM.
(A) ESTABLISHMENT.--THE AMERICAN RESCUE PLAN RENTAL AND
UTILITY ASSISTANCE GRANT PROGRAM IS ESTABLISHED WITHIN THE
DEPARTMENT. THE PROGRAM SHALL PROVIDE THE FOLLOWING SERVICES TO
ELIGIBLE INDIVIDUALS:
(1) RENTAL ASSISTANCE, INCLUDING THE FOLLOWING:
(I) RENT.
(II) RENTAL ARREARS.
(III) UTILITIES AND HOME ENERGY COSTS.
(IV) UTILITIES AND HOME ENERGY COST ARREARS.
(V) OTHER EXPENSES RELATED TO HOUSING TO THE EXTENT
PERMITTED BY FEDERAL LAW AND GUIDANCE.
(2) HOUSING STABILITY SERVICES, INCLUDING CASE
MANAGEMENT AND OTHER SERVICES INTENDED TO KEEP HOUSEHOLDS
STABLY HOUSED.
(B) COUNTY.--EACH COUNTY IS ELIGIBLE TO PARTICIPATE IN THE
PROGRAM. THE FOLLOWING SHALL APPLY:
(1) GRANT FUNDS RECEIVED BY A COUNTY UNDER THIS ARTICLE
SHALL BE USED FOR THE PROVISION OF SERVICES UNDER SUBSECTION
(A). TO THE EXTENT PERMITTED BY FEDERAL LAW OR GUIDANCE, THE
FOLLOWING SHALL APPLY:
(I) NO MORE THAN 10% OF FUNDS MAY BE USED TO PROVIDE
HOUSING STABILITY SERVICES.
(II) ASSOCIATED ADMINISTRATIVE COSTS, INCLUDING
COSTS RELATED TO ELIGIBILITY DETERMINATION OF APPLICANTS,
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MAY NOT EXCEED 15% OF THE TOTAL AMOUNT OF GRANT FUNDS.
(2) A COUNTY MAY NOT USE THE GRANT FUNDS RECEIVED AS THE
NON-STATE MATCH FOR OTHER STATE FUNDS, PROGRAMS OR GRANTS.
(3) COUNTIES THAT PARTICIPATE IN THE HUMAN SERVICES
BLOCK GRANT PROGRAM UNDER ARTICLE XIV-B OF THE ACT OF JUNE
13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE,
MUST USE THE FUNDS FOR ELIGIBLE SERVICES UNDER THIS ARTICLE.
(4) A COUNTY IS PROHIBITED FROM PLACING ANY
STIPULATIONS, RESTRICTIONS OR LIMITATIONS ON ASSISTANCE OR
ELIGIBILITY THAT ARE IN ADDITION TO FEDERAL LAW OR GUIDANCE
OR THIS ARTICLE.
(C) DISTRIBUTION.--EXCEPT AS PROVIDED UNDER PARAGRAPH (6),
GRANT FUNDS SHALL BE DISTRIBUTED AS FOLLOWS:
(1) FROM MONEY APPROPRIATED FOR THE PROGRAM, EACH COUNTY
SHALL RECEIVE AN AMOUNT EQUAL TO THE POPULATION PROPORTION
AMOUNT AS DETERMINED BY PARAGRAPHS (3) AND (4). FOR PURPOSES
OF THIS PARAGRAPH, A COUNTY'S POPULATION SHALL BE EQUAL TO
THE PUBLISHED ESTIMATE BY THE UNITED STATES CENSUS BUREAU
POPULATION ESTIMATES PROGRAM FOR CALENDAR YEAR 2019.
(2) THE DEPARTMENT SHALL DISTRIBUTE FUNDING TO COUNTIES
30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
(3) FOR THE PURPOSES OF THIS SUBSECTION, THE POPULATION
PROPORTION SHALL BE DETERMINED AS FOLLOWS:
(I) THE POPULATION ESTIMATE OF THE COUNTY; DIVIDED
BY
(II) THE SUM OF THE POPULATION ESTIMATES OF ALL
COUNTIES.
(4) COUNTIES SHALL RECEIVE A DISBURSEMENT IN AN AMOUNT
NECESSARY SO THAT THE TOTAL DISBURSEMENT TO A COUNTY IS
DETERMINED AS FOLLOWS:
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(I) ADD:
(A) THE AMOUNT OF MONEY RECEIVED BY THE
COMMONWEALTH FROM THE FEDERAL GOVERNMENT FOR
EMERGENCY RENTAL ASSISTANCE UNDER THE AMERICAN RESCUE
PLAN ACT, 2021; AND
(B) THE AMOUNT OF MONEY PAID DIRECTLY BY THE
FEDERAL GOVERNMENT TO COUNTIES FOR EMERGENCY RENTAL
ASSISTANCE THE AMERICAN RESCUE PLAN ACT, 2021.
(II) MULTIPLY:
(A) THE COUNTY'S POPULATION PROPORTION; AND
(B) THE SUM UNDER SUBPARAGRAPH (I).
(5) AN AMOUNT EQUAL TO A DISBURSEMENT RECEIVED BY A
COUNTY DIRECTLY FROM THE FEDERAL GOVERNMENT FOR RENTAL
ASSISTANCE THROUGH THE AMERICAN RESCUE PLAN ACT SHALL BE
DEDUCTED FROM THE AMOUNT CALCULATED UNDER PARAGRAPH (4).
(6) GRANT FUNDS RECEIVED BY THE COMMONWEALTH UNDER
SECTION 3201(B)(3) OF THE AMERICAN RESCUE PLAN SHALL BE
DISTRIBUTED AND USED FOR LOW-INCOME, HIGH-NEEDS HOUSEHOLDS IN
ACCORDANCE WITH FEDERAL LAW OR GUIDANCE.
(D) HUMAN SERVICES BLOCK GRANT PROGRAM.--MONEY RECEIVED BY A
COUNTY UNDER THE PROGRAM MAY NOT BE INCLUDED IN THE CALCULATION
OF THE ALLOCATION OF FUNDS UNDER THE HUMAN SERVICES BLOCK GRANT
PROGRAM UNDER SECTION 1405-B OF THE HUMAN SERVICES CODE.
(E) REDUCTION OF OBLIGATIONS.--THE FOLLOWING SHALL APPLY:
(1) ANY PAYMENTS RECEIVED BY THE LANDLORD, A UTILITY
SERVICE PROVIDER OR A PAYEE FROM A PAYMENT MADE UNDER THIS
SECTION SHALL BE USED TO REDUCE THE AMOUNT OF THE TENANT'S
OBLIGATION TO THE LANDLORD, UTILITY SERVICE PROVIDER OR A
PAYEE.
(2) A LANDLORD OR UTILITY SERVICE PROVIDER SHALL NOT BE
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REQUIRED TO WAIVE ANY OUTSTANDING OBLIGATIONS FOR RENT OR
UTILITY PAYMENTS AS A CONDITION TO PARTICIPATE IN THE
PROGRAM.
(3) EXCEPT AS PROVIDED UNDER FEDERAL LAW OR GUIDANCE OR
PARAGRAPH (4), AMOUNTS PROVIDED FOR RENT, RENTAL ARREARS,
UTILITIES AND HOME ENERGY COSTS, UTILITY AND HOME ENERGY COST
ARREARS AND OTHER EXPENSES RELATED TO HOUSING SHALL BE MADE
TO THE LESSOR, UTILITY OR PAYEE ON BEHALF OF AN APPLICANT.
(4) IF A LANDLORD OR UTILITY SERVICE PROVIDER REFUSES TO
PARTICIPATE IN OR COOPERATE WITH THE PROGRAM, PAYMENT MAY BE
MADE DIRECTLY TO AN INDIVIDUAL IN ACCORDANCE WITH FEDERAL LAW
OR GUIDANCE. A PAYMENT RECEIVED BY AN INDIVIDUAL MUST BE
FORWARDED TO THE LANDLORD, UTILITY SERVICE PROVIDER OR PAYEE
TO REDUCE THE TENANT'S OBLIGATION.
(F) TRANSFER PROHIBITED.--THE DEPARTMENT SHALL USE FUNDING
FROM THE PROGRAM ONLY FOR THE PURPOSE OF SERVICES PROVIDED UNDER
SUBSECTION (A) PROVIDED FOR UNDER THE AMERICAN RESCUE PLAN. THE
FUNDING MAY NOT BE TRANSFERRED TO OTHER PROGRAMS WITHIN THE
DEPARTMENT.
(G) ELIGIBILITY.--TO THE EXTENT PERMITTED BY FEDERAL LAW OR
GUIDANCE, AN APPLICANT MAY SELF-CERTIFY INCOME ELIGIBILITY FOR
THE PROGRAM.
SECTION 103-E. DEPARTMENT.
THE DEPARTMENT SHALL HAVE THE POWER AND DUTY TO:
(1) IMPLEMENT AND ADMINISTER THE PROGRAM IN ACCORDANCE
WITH FEDERAL LAW OR GUIDANCE. THE DEPARTMENT SHALL COMPILE
AND TRANSMIT ANY INFORMATION NECESSARY TO IMPLEMENT THE
PROGRAM AND COMPLY WITH PROGRAMMATIC AND ELIGIBILITY
REQUIREMENTS UNDER FEDERAL LAW AND FEDERAL GUIDANCE. THE
DEPARTMENT IS PROHIBITED FROM PLACING ANY ADDITIONAL
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STIPULATIONS ON COUNTIES THAT ARE NOT IN ACCORDANCE WITH
FEDERAL LAW OR GUIDANCE OR THIS ARTICLE. IF A COUNTY FAILS TO
PARTICIPATE IN THE PROGRAM OR IF FUNDS ARE NOT EXPENDED
WITHIN THE TIME REQUIREMENTS OF THIS ARTICLE, THE DEPARTMENT
MAY ADMINISTER THE SERVICES OF THE PROGRAM.
(2) MONITOR COUNTY GOVERNMENTS' ADMINISTRATION OF THE
GRANT TO ENSURE COMPLIANCE WITH FEDERAL AND STATE
REQUIREMENTS.
(3) ALLOCATE AND DISBURSE GRANT FUNDS TO COUNTIES.
(4) REQUIRE COUNTIES TO SUBMIT REPORTS CONTAINING
INFORMATION REQUIRED BY THE DEPARTMENT AND AS NECESSARY FOR
COMPLIANCE WITH THE AMERICAN RESCUE PLAN IN THE FORM AND BY
THE DEADLINE PRESCRIBED BY THE DEPARTMENT.
(5) MONITOR, INSPECT OR AUDIT THE FINANCIAL, OPERATING
AND ACCOUNTING RECORDS OF A COUNTY AGENCY OR CONTRACTED
ENTITY THAT RECEIVES GRANT FUNDS, IF DEEMED NECESSARY BY THE
DEPARTMENT.
(6) WITHHOLD, RECOVER OR REDUCE GRANT FUNDS OF A COUNTY
AGENCY OR CONTRACTED ENTITY DETERMINED TO HAVE ADMINISTERED
THE PROGRAM IN VIOLATION OF FEDERAL OR STATE REQUIREMENTS.
(7) RECOUP AND REALLOCATE UNOBLIGATED GRANT FUNDS AS
IDENTIFIED BY THE COUNTY, A COUNTY AGENCY OR A CONTRACTED
ENTITY.
(7.1) PREPARE A QUARTERLY CONSOLIDATED REPORT WITH
INFORMATION FROM ALL COUNTIES SUBMITTED UNDER SECTION 104-
E(4) AND SHALL SUBMIT THE REPORT ON A QUARTERLY BASIS TO THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS
COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES. THE REPORT SHALL ALSO BE POSTED AND
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MAINTAINED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
(8) NINETY DAYS AFTER DECEMBER 31, 2025, OR ANY UPDATED
FEDERAL DEADLINE FOR THE USE OF FUNDS FOR EMERGENCY RENTAL
ASSISTANCE UNDER THE AMERICAN RESCUE PLAN, WHICHEVER IS
LATER, ISSUE A REPORT TO THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND
THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND
SHALL POST THE REPORT TO THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE. THE REPORT SHALL INCLUDE THE FOLLOWING
INFORMATION:
(I) THE TOTAL AMOUNT OF FUNDS RECEIVED BY A COUNTY.
(II) THE TOTAL AMOUNT OF FUNDS SPENT BY A COUNTY FOR
SERVICES UNDER SECTION 102-E(A).
(III) THE TOTAL NUMBER OF HOUSEHOLDS THAT APPLIED
FOR ASSISTANCE.