Regular Session 2021-2022 Senate Bill 0385 P.N. 0868

PRIOR PRINTER'S NO. 391

PRINTER'S NO. 868

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

385

Session of

2021

INTRODUCED BY BROOKS, J. WARD, PHILLIPS-HILL AND KEARNEY,

MARCH 11, 2021

SENATOR J. WARD, AGING AND YOUTH, AS AMENDED, JUNE 8, 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,

every State depository and every debtor or creditor of the

Commonwealth," in emergency COVID-19 response, providing for

building occupant protection A LONG-TERM CARE FACILITY

VENTILATION GRANT PROGRAM.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.343, No.176), known

as The Fiscal Code, is amended by adding a section to read:

Section 161-C. Building occupant protection.

(a) Additional appropriations.--For the 2021-2022 fiscal

year, from money that is received by the Commonwealth from the

Federal Government for COVID-19 relief or related purposes on or

after the effective date of this subsection, the sum of

$3,000,000 is appropriated to the Department of Human Services

for the purpose of building occupant protection under subsection

(b).

(b) Use of money .-- The amount appropriated under subsection

(a) may be used for any of the following purposes:

(1) 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.

(vii) Filtration.

(viii) Ultra-violet germicidal irradiation.

(ix) Personalized ventilation systems for certain

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high-risk tasks.

(x) Portable, free-standing high-efficiency

particulate air filters.

(2) The design, installation, operation and maintenance

of heating, ventilating and air-conditioning systems,

including air-cleaning and local exhaust ventilation systems,

to decrease the risk of infection transmission.

(3) The development of emergency preparedness plans to

mitigate exposure to infectious aerosols and to decrease the

risk of infection transmission.

SECTION 1. ARTICLE I-C OF THE ACT OF APRIL 9, 1929 (P.L.343,

NO.176), KNOWN AS THE FISCAL CODE, IS AMENDED BY ADDING A

SUBARTICLE TO READ:

SUBARTICLE B.1

APPROPRIATIONS FROM THE ACCOUNT

SECTION 115-C. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"CURRENT FISCAL YEAR." THE FISCAL YEAR BEGINNING JULY 1,

2021, AND ENDING JUNE 30, 2022.

SECTION 116-C. CONSTRUCTION WITH THE GENERAL APPROPRIATION ACT

OF 2021.

ALL APPROPRIATIONS CONTAINED IN THIS SUBARTICLE FROM THE

GENERAL FUND SHALL BE IN ADDITION TO ANY APPROPRIATION UNDER THE

ACT OF (P.L. , NO.1A) , KNOWN AS THE GENERAL APPROPRIATION ACT

OF 2021.

SECTION 117-C. APPROPRIATIONS FROM THE ACCOUNT.

TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR

THE CURRENT FISCAL YEAR, $5,000,000 OF FEDERAL AMOUNTS IS

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APPROPRIATED FROM THE COVID-19 RESPONSE RESTRICTED ACCOUNT FOR

COVID RELIEF - LONG-TERM CARE FACILITY VENTILATION GRANT PROGRAM

UNDER SECTION 135-C.

SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 135-C. LONG-TERM CARE FACILITY VENTILATION GRANT

PROGRAM.

(A) USE OF FUNDS.--FROM MONEY APPROPRIATED TO THE DEPARTMENT

FOR COVID RELIEF - LONG-TERM CARE FACILITY VENTILATION GRANT

PROGRAM, $5,000,000 SHALL BE TRANSFERRED TO THE AUTHORITY AND

SHALL BE USED TO MAKE GRANTS UNDER THIS SECTION.

(B) ESTABLISHMENT OF PROGRAM.--THE AUTHORITY SHALL ESTABLISH

THE PROGRAM AS A STATEWIDE GRANT PROGRAM.

APPLICATIONS AND AWARD GRANTS TO LONG-TERM CARE FACILITIES IN

ACCORDANCE WITH THIS SECTION.

(D) APPLICATION.--THE AUTHORITY SHALL DEVELOP AN APPLICATION

FOR LONG-TERM CARE FACILITIES TO APPLY FOR A GRANT UNDER THIS

SECTION WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.

THE APPLICATION SHALL BE MADE AVAILABLE AND POSTED ON THE

AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AND SHALL BE IN

A FORM THAT CAN BE COMPLETED ELECTRONICALLY OR THROUGH THE

UNITED STATES MAIL.

(E) DEADLINE.--NO APPLICATION FOR A GRANT UNDER THIS SECTION

MAY BE SUBMITTED 60 DAYS AFTER THE DATE THE AUTHORITY MAKES THE

APPLICATION AVAILABLE AND POSTED ON THE AUTHORITY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

(F) GUIDELINES.--THE AUTHORITY SHALL ESTABLISH GUIDELINES

THAT ARE CONSISTENT WITH THE PROVISIONS OF THIS SECTION WITHIN

30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE GUIDELINES

SHALL BE:

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(1) SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION AS A NOTICE IN THE PENNSYLVANIA BULLETIN.

(2) POSTED ON THE AUTHORITY'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(G) PROGRAM REQUIREMENTS.--A LONG-TERM CARE FACILITY MAY BE

ELIGIBLE FOR A GRANT PROVIDED THAT THE FACILITY SUBMITS A PAID

INVOICE FOR WORK COMPLETED DURING THE DECLARED COVID-19

EMERGENCY OR SUBMITS A CONTRACTUAL AGREEMENT FOR ANY OF THE

FOLLOWING PURPOSES:

(1) 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.

(VII) FILTRATION.

(VIII) ULTRA-VIOLET 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.

(2) THE DESIGN, INSTALLATION, OPERATION AND MAINTENANCE

OF HEATING, VENTILATING AND AIR-CONDITIONING SYSTEMS,

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INCLUDING AIR-CLEANING AND LOCAL EXHAUST VENTILATION SYSTEMS,

TO DECREASE THE RISK OF INFECTION TRANSMISSION.

(3) THE DEVELOPMENT OF EMERGENCY PREPAREDNESS PLANS TO

MITIGATE EXPOSURE TO INFECTIOUS AEROSOLS AND TO DECREASE THE

RISK OF INFECTION TRANSMISSION.

(H) GRANT LIMITS.--THE AUTHORITY MAY AWARD A GRANT TO A

LONG-TERM CARE FACILITY NOT TO EXCEED $15,000.

(I) AWARD OF GRANTS.--THE AUTHORITY SHALL AWARD GRANTS AND

MAKE GRANT PAYMENTS UNDER THIS SECTION NO LATER THAN TWO MONTHS

AFTER THE DEADLINE FOR SUBMITTING THE GRANT APPLICATION OR 30

DAYS PRIOR TO ANY FEDERAL OR STATE IMPOSED DEADLINE ESTABLISHED

FOR THE USE OF SUCH FUNDS, WHICHEVER IS SOONER. THE AUTHORITY

SHALL ENSURE THAT GRANTS ARE MADE AVAILABLE TO ALL GEOGRAPHIC

AREAS OF THIS COMMONWEALTH.

(J) EXPIRATION.--THIS SECTION SHALL EXPIRE AFTER THE MONEY

TRANSFERRED TO THE AUTHORITY UNDER SUBSECTION (A) HAS BEEN

EXHAUSTED. THE AUTHORITY SHALL TRANSMIT NOTICE OF THE DATE THAT

THE MONEY IS EXHAUSTED TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION IN THE PENNSYLVANIA BULLETIN.

(K) RETURN OF GRANTS.--IF A LONG-TERM CARE FACILITY RECEIVES

A GRANT BUT FAILS TO COMPLETE A PROJECT FOR THE PURPOSES

AUTHORIZED UNDER SUBSECTION (G), THE FACILITY MUST RETURN THE

FUNDS TO THE AUTHORITY, WHICH WILL BE REDIRECTED TO THE GENERAL

FUND.

(L) INELIGIBILITY.--A LONG-TERM CARE FACILITY THAT HAS

ALREADY RECEIVED REIMBURSEMENT FOR A QUALIFYING PROJECT UNDER

SUBSECTION (G,) WILL BE INELIGIBLE TO PARTICIPATE IN THE

PROGRAM.

(M) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AUTHORITY." THE COMMONWEALTH FINANCING AUTHORITY.

"COVID-19." THE CORONAVIRUS DISEASE 2019, AN INFECTIOUS

DISEASE CAUSED BY SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS

2 THAT WAS FIRST IDENTIFIED DURING DECEMBER 2019 IN WUHAN,

CHINA.

"LONG-TERM CARE FACILITIES." ANY OF THE FOLLOWING:

(1) 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.

(2) 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.

(3) A PERSONAL CARE HOME AS DEFINED IN SECTION 1001 OF

THE HUMAN SERVICES CODE.

"PROGRAM." LONG-TERM CARE FACILITY VENTILATION GRANT PROGRAM

ESTABLISHED UNDER THIS SECTION.

Section 2 3. This act shall take effect immediately.

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