SENATE AMENDED
PRIOR PRINTER'S NOS. 3140, 3408
PRINTER'S NO. 3506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2310
Session of
2024
INTRODUCED BY TAKAC, PROBST, HILL-EVANS, KHAN, CEPEDA-FREYTIZ,
SCHLOSSBERG, N. NELSON, SAPPEY, SANCHEZ, BELLMON, PASHINSKI,
CONKLIN, KINKEAD, DALEY, STEELE, CAUSER, FRIEL, KENYATTA,
VENKAT, HADDOCK, GIRAL, COOK, MADSEN, GREEN AND WEBSTER,
MAY 21, 2024
SENATOR MARTIN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 11, 2024
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for the Agriculture Innovation Grant
Program; and promulgating regulations.
AMENDING TITLE 3 (AGRICULTURE) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, ESTABLISHING THE AGRICULTURE INNOVATION GRANT
PROGRAM AND THE AGRICULTURE INNOVATION BOARD.
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
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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 EMERGENCY EDUCATION RELIEF TO NONPUBLIC
SCHOOLS; PROVIDING FOR STATE HEALTH INSURANCE EXCHANGE
AFFORDABILITY PROGRAM; IN TREASURY DEPARTMENT, FURTHER
PROVIDING FOR INVESTMENT OF MONEYS; IN OIL AND GAS WELLS,
FURTHER PROVIDING FOR OIL AND GAS LEASE FUND; IN
TRANSPORTATION NETWORK COMPANIES, MOTOR CARRIER COMPANIES AND
PARKING AUTHORITY OF A CITY OF THE FIRST CLASS; PROVIDING FOR
OPERATION OF TAXICABS; IN ASSESSMENTS, FURTHER PROVIDING FOR
INTERMEDIATE CARE FACILITIES FOR PERSONS WITH AN INTELLECTUAL
DISABILITY ASSESSMENTS AND FOR HOSPITAL ASSESSMENTS; IN
ATTORNEY GENERAL, PROVIDING FOR COSTS OF INVESTIGATION AND
LITIGATION UNDER UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW; PROVIDING FOR PENNSYLVANIA MINORITY BUSINESS
DEVELOPMENT AUTHORITY AND FOR AGRICULTURE INNOVATION GRANT
PROGRAM; IN SPECIAL FUNDS, PROVIDING FOR PENNSYLVANIA
CONVENTION CENTER; IN TOBACCO SETTLEMENT FUND, FURTHER
PROVIDING FOR ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT AND
FOR USE OF FUND; IN PENNSYLVANIA RACE HORSE DEVELOPMENT FUND,
FURTHER PROVIDING FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE
HORSE DEVELOPMENT FUND; IN MISCELLANEOUS LIMITATIONS AND
TRANSFERS, PROVIDING FOR REFUND OF 2009 ASSESSMENT BY
INSURANCE DEPARTMENT; IN CLEAN STREAMS FUNDS, FURTHER
PROVIDING FOR CLEAN STREAMS FUND; IN SERVICE AND
INFRASTRUCTURE IMPROVEMENT FUND, FURTHER PROVIDING FOR
DEPOSITS; IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING
FOR EXECUTIVE OFFICES, FOR DEPARTMENT OF AGRICULTURE, FOR
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, FOR
DEPARTMENT OF GENERAL SERVICES, FOR DEPARTMENT OF LABOR AND
INDUSTRY, FOR PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND
FOR COMMONWEALTH FINANCING AUTHORITY, PROVIDING FOR MIXED-USE
REVITALIZATION PROGRAM, FURTHER PROVIDING FOR SUPREME COURT,
FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND AND FOR
MULTIMODAL TRANSPORTATION FUND AND PROVIDING FOR SCHOOL
SAFETY AND SECURITY FUND; IN 2023-2024 BUDGET IMPLEMENTATION,
FURTHER PROVIDING FOR DEPARTMENT OF HUMAN SERVICES AND FOR
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR 2024-2025 BUDGET
IMPLEMENTATION, FOR 2024-2025 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS, FOR STREAMLINING PERMITS FOR ECONOMIC
EXPANSION AND DEVELOPMENT PROGRAM, FOR PENNSYLVANIA STRATEGIC
INVESTMENT TO ENHANCE SITES (PA SITES) PROGRAM AND FOR FISCAL
SUPPLEMENTS TO STATUTORY PROGRAMS; MAKING REPEALS; AND MAKING
AN EDITORIAL CHANGE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
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is amended by adding a chapter to read:
CHAPTER 110
AGRICULTURE INNOVATION GRANT PROGRAM
Sec.
11001. Scope of chapter.
11002. Purpose.
11003. Definitions.
11004. Agriculture Innovation Grant Program.
11005. Board membership.
11006. Grant funds and eligibility.
11007. Funding.
11008. Limitation of grants.
11009. Applications.
11010. Disposition of grants.
11011. Regulations.
§ 11001. Scope of chapter.
This chapter shall be known and may be cited as the
Agriculture Innovation Grant Program.
§ 11002. Purpose.
It is the intent of the General Assembly to offer
reimbursement grants to promote and support agricultural
innovation to ensure the competitiveness, resiliency,
environmental stewardship and vitality of farms and
agribusinesses in this Commonwealth. Grants will assist
producers of agricultural commodities, agriculture service
providers, cooperatives, packers and processors in the
implementation of innovation that increases efficiency,
encourages sustainable practices, utilizes renewable energy or
sequesters carbon.
§ 11003. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural commodity." As defined in the act of June 10,
1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.
"Board." The Agriculture Innovation Board established under
section 11005 (relating to board membership).
"Commission." The State Conservation Commission.
"Cooperative association." Any cooperative marketing
association of producers which the Secretary of Agriculture
determines, after application by the cooperative association,
to:
(1) be qualified under the provisions of the Cooperative
Marketing Association Act (42 Stat. 388, 7 U.S.C. §§ 291 and
292) and organized as a cooperative agricultural association
under the laws of this Commonwealth and any other state; and
(2) have full authority in the sale of affected
agricultural commodity of its members and to be engaged in
making collective sales of or marketing the commodity or its
products for its members.
"Department." The Department of Agriculture of the
Commonwealth.
"Eligible applicant." An applicant that meets one of the
following criteria:
(1) A person who grows an agricultural commodity and who
has anticipated sales greater than $2,000 a year.
(2) A person who provides technical assistance or
services to farmers for conservation, engineering, plant
inspection, crop protection, soil amendments, nutrient
management and similar services.
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(3) A person or cooperative association that utilizes
agricultural commodities to create products or energy.
"Innovation." The practical implementation of ideas that
result in new products, processes or services.
"Lending institution." As defined under section 603
(relating to definitions).
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Program." The Agriculture Innovation Grant Program
established under section 11004 (relating to Agriculture
Innovation Grant Program).
§ 11004. Agriculture Innovation Grant Program.
The Agriculture Innovation Grant Program is established
within the department. The program shall be administered by the
department, in consultation with the commission and the board,
to provide reimbursement grants to eligible applications for
costs associated with one or more of the following:
(1) Utilization of innovation to improve energy
efficiency, improve water quality, reduce water consumption,
reduce odors or address solid waste concerns.
(2) Increased processing of agricultural commodities
that sequester carbon into durable goods.
(3) Technology that produces energy from agricultural
sources, including manure, food waste or biomass.
(4) Technology that reduces the amount of greenhouse
gases used or emitted by farms.
(5) Equipment that provides low-carbon or no-carbon
energy sources from agriculture commodities.
(6) Technology that assists eligible applicants with the
management of their farms, including diagnostic tools and
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services.
(7) Technology that assists a packer, processor or
cooperative in the sorting, grading or production of
agricultural commodities more efficiently.
(8) Innovations that improve biosecurity or health of
plants and animals.
(9) Innovations that support cybersecurity or data
analytics.
§ 11005. Board membership.
The Agriculture Innovation Board is established and shall
consist of the following members, with a majority of members
constituting a quorum:
(1) The Secretary of Agriculture or a designee, who
shall serve as chairperson.
(2) The Secretary of Community and Economic Development,
or a designee.
(3) The Executive Director of the State Conservation
Commission or a designee.
(4) A representative of a higher educational facility
located in this Commonwealth.
(5) A board member of a rural electric cooperative
located in this Commonwealth.
(6) A member of a cooperative association located in
this Commonwealth.
(7) An employee of a lending institution located in this
Commonwealth.
(8) A person or an employee of a person engaged in the
production or processing of an agricultural commodity in this
Commonwealth.
(9) An employee of a conservation organization doing
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work in this Commonwealth.
§ 11006. Grant funds and eligibility.
(a) Planning project grant.--An eligible applicant may apply
for a grant for a project focused on developing strategic plans
to improve agricultural practices, technologies, operations or
approaches within a specific business, geographic area or
network, to which the following shall apply:
(1) The amount of a grant shall be no less than $7,500
and no more than $50,000.
(2) A grantee must use non-State sourced matching funds
equal to at least 30% of the grant amount for the project.
(b) On-farm project grant.--An eligible applicant may apply
for a grant for a project that focuses on implementing
practices, technologies or approaches on an individual farm or
property producing an agricultural commodity, to which the
following shall apply:
(1) The amount of the grant shall be no less than $5,000
and no more than $200,000.
(2) A grantee must use non-State sourced matching funds
equal to at least 50% of the grant amount for the project.
(c) Regional impact project grant.--An eligible applicant
may apply for a grant for a project designed to address
challenges, promote efficiencies or achieve specific goals for
multiple eligible applicants, to which the following shall
apply:
(1) The amount of the grant shall be no less than
$100,000 and no more than $2,000,000.
(2) The grantee must use non-State sourced matching
funds equal to at least 50% of the grant amount for the
project.
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(3) The project must impact two or more persons or
businesses or be a cooperative association that grows,
harvests, processes, packs or manages agricultural
commodities.
§ 11007. Funding.
The department shall accept funds from the following sources:
(1) Money appropriated to the department for the
purposes of this chapter.
(2) Gifts or donations of money, securities or other
personal property except real estate, which, or the income of
which, shall be used to carry out the purposes of this
chapter.
§ 11008. Limitation of grants.
(a) Limitation.--A grant under section 11006 (relating to
grant funds and eligibility) may only be awarded to the extent
money is appropriated by the General Assembly or provided by
other sources.
(b) Approval of grant.--The board may approve a grant that
is less than the requested amount.
(c) Conditions.--The department may impose restrictions or
special conditions upon issuance of a grant.
(d) Reimbursement grants.--
(1) A grant awarded under section 11006 shall be a
reimbursement grant. The amount of reimbursement shall be
based on actual eligible costs submitted by an approved
applicant for an approved project during any fiscal year in
which grants are offered.
(2) Grant money shall not be used to reimburse any
portion of an in-kind contribution to an eligible project.
(3) Grant money may not be used to pay or reimburse
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wages or salaries of grant recipient staff.
(4) Grant money may not be used to reimburse any portion
of project costs that are paid or reimbursed under another
Federal or State grant program.
(e) Cap on grants.--A single eligible applicant may not be
awarded more than $2,000,000 in a one-year period, calculated
from the date on which the department awards the initial grant.
§ 11009. Applications.
(a) Submission.--Applications for grants shall be submitted
in a manner and on a form as prescribed by the department.
(b) Evaluation.--The board shall meet at least twice each
year to evaluate and award grants to eligible applicants based
on the following application criteria:
(1) The ability of the applicant to complete the
project.
(2) The ability of the applicant to incorporate one or
more of the innovations under section 11004 (relating to
Agriculture Innovation Grant Program).
(3) How the project fulfills one or more of the
innovations under section 11004.
(4) The number of jobs created or retained due to the
project.
(5) The ability of the applicant to sustain the project.
(6) Any other criteria as determined by the department.
§ 11010. Disposition of grants.
(a) Written agreement.--The department may require a written
agreement describing the terms and conditions of the grant.
(b) Verification.--The department may require verification
of grant expenditures.
(c) Criteria.--The department may establish criteria under
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which the department may demand the return of all or a portion
of the grant money.
§ 11011. Regulations.
The department shall administer this chapter and may
prescribe and adopt regulations or program policy guidelines as
it deems necessary to administer this chapter.
Section 2. This act shall take effect in 60 days.
SECTION 1. TITLE 3 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 110
AGRICULTURE INNOVATION GRANT PROGRAM
SEC.
11001. SCOPE OF CHAPTER.
11002. PURPOSE.
11003. DEFINITIONS.
11004. AGRICULTURE INNOVATION GRANT PROGRAM.
11005. BOARD.
11006. GRANT FUNDS AND ELIGIBILITY.
11007. FUNDING.
11008. LIMITATION OF GRANTS.
11009. APPLICATIONS AND DISPOSITION OF GRANTS.
11010. REGULATIONS.
§ 11001. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO THE AGRICULTURE INNOVATION GRANT
PROGRAM.
§ 11002. PURPOSE.
IT IS THE INTENT OF THE GENERAL ASSEMBLY TO OFFER
REIMBURSEMENT GRANTS TO PROMOTE AND SUPPORT AGRICULTURAL
INNOVATION TO ENSURE THE COMPETITIVENESS, RESILIENCY,
ENVIRONMENTAL STEWARDSHIP AND VITALITY OF FARMS, AGRIBUSINESSES
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AND AGRICULTURAL SUPPORT SERVICES IN THIS COMMONWEALTH.
§ 11003. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AGRICULTURAL COMMODITY." AS DEFINED IN THE ACT OF JUNE 10,
1982 (P.L.454, NO.133), REFERRED TO AS THE RIGHT-TO-FARM LAW.
"BOARD." THE AGRICULTURE INNOVATION BOARD ESTABLISHED UNDER
SECTION 11005 (RELATING TO BOARD).
"CONSERVATION DISTRICT." AS DEFINED IN SECTION 503 (RELATING
TO DEFINITIONS).
"COOPERATIVE ASSOCIATION." AS DEFINED IN SECTION 4502
(RELATING TO DEFINITIONS).
"DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE
COMMONWEALTH.
"ELIGIBLE APPLICANT." AN APPLICANT THAT MEETS ONE OF THE
FOLLOWING CRITERIA:
(1) A PERSON WHO GROWS AN AGRICULTURAL COMMODITY AND WHO
HAS ANTICIPATED SALES GREATER THAN $2,000 A YEAR.
(2) A PERSON WHO PROCESSES AN AGRICULTURAL COMMODITY AND
HAS ANTICIPATED SALES GREATER THAN $10,000 A YEAR.
(3) A PERSON WHO PROVIDES TECHNICAL ASSISTANCE OR
SERVICES TO FARMERS FOR CONSERVATION, ENGINEERING, VETERINARY
CARE, ANIMAL DISEASE MANAGEMENT, FARM MANAGEMENT,
AGRICULTURAL COMMODITY PRODUCTION, NUTRIENT MANAGEMENT OR
SIMILAR SERVICES.
(4) A PERSON OR COOPERATIVE ASSOCIATION THAT UTILIZES
AGRICULTURAL COMMODITIES TO CREATE PRODUCTS OR ENERGY.
"INNOVATION." THE PRACTICAL IMPLEMENTATION OF IDEAS THAT
RESULTS IN NEW PRODUCTS, PROCESSES OR SERVICES.
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"LENDING INSTITUTION." AS DEFINED UNDER SECTION 603
(RELATING TO DEFINITIONS).
"LICENSED DOCTOR OF VETERINARY MEDICINE." A PERSON WHO IS
CURRENTLY LICENSED UNDER THE ACT OF DECEMBER 27, 1974 (P.L.995,
NO.326), KNOWN AS THE VETERINARY MEDICINE PRACTICE ACT.
"PERSON." AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION, FIRM,
CORPORATION OR ANY OTHER LEGAL ENTITY.
"PROGRAM." THE AGRICULTURE INNOVATION GRANT PROGRAM
ESTABLISHED UNDER SECTION 11004 (RELATING TO AGRICULTURE
INNOVATION GRANT PROGRAM).
§ 11004. AGRICULTURE INNOVATION GRANT PROGRAM.
THE AGRICULTURE INNOVATION GRANT PROGRAM IS ESTABLISHED
WITHIN THE DEPARTMENT. THE PROGRAM SHALL BE ADMINISTERED BY THE
DEPARTMENT, IN CONSULTATION WITH THE BOARD, TO PROVIDE
REIMBURSEMENT GRANTS TO ELIGIBLE APPLICANTS FOR COSTS ASSOCIATED
WITH ONE OR MORE OF THE FOLLOWING:
(1) UTILIZATION OF INNOVATION TO IMPROVE ENERGY
EFFICIENCY, IMPROVE WATER QUALITY, REDUCE WATER CONSUMPTION,
REDUCE ODORS OR ADDRESS SOLID WASTE CONCERNS.
(2) UTILIZATION OF INNOVATION TO IMPROVE PRODUCTION,
PROCESSING, COMMERCIALIZATION OR UTILIZATION OF AGRICULTURAL
COMMODITIES.
(3) INNOVATION THAT PRODUCES ENERGY FROM AGRICULTURAL
SOURCES, INCLUDING MANURE, FOOD WASTE OR BIOMASS.
(4) INNOVATION EQUIPMENT THAT PROVIDES LOW-CARBON OR NO-
CARBON ENERGY SOURCES FROM AGRICULTURAL COMMODITIES.
(5) INNOVATION TECHNOLOGY THAT ASSISTS ELIGIBLE
APPLICANTS WITH THE MANAGEMENT OF THEIR FARMS, INCLUDING
DIAGNOSTIC TOOLS AND SERVICES.
(6) INNOVATION TECHNOLOGY THAT ASSISTS A PACKER,
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PROCESSOR OR COOPERATIVE IN MORE EFFICIENT SORTING, GRADING
OR PROCESSING OF AGRICULTURAL COMMODITIES.
(7) INNOVATION THAT IMPROVES BIOSECURITY OR HEALTH OF
PLANTS OR ANIMALS.
(8) INNOVATION THAT SUPPORTS CYBERSECURITY OR DATA
ANALYTICS.
§ 11005. BOARD.
(A) ESTABLISHMENT.--THE AGRICULTURE INNOVATION BOARD IS
ESTABLISHED AND SHALL CONSIST OF THE FOLLOWING MEMBERS:
(1) THE SECRETARY OF AGRICULTURE OR A DESIGNEE WHO SHALL
SERVE AS CHAIRPERSON.
(2) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT
OR A DESIGNEE.
(3) AN EMPLOYEE OF A CONSERVATION DISTRICT SELECTED BY
THE EXECUTIVE DIRECTOR OF THE STATE CONSERVATION COMMISSION.
(4) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR:
(I) A REPRESENTATIVE OF AN INSTITUTION OF HIGHER
EDUCATION LOCATED IN THIS COMMONWEALTH.
(II) A BOARD MEMBER OF A RURAL ELECTRIC COOPERATIVE
LOCATED IN THIS COMMONWEALTH.
(III) A MEMBER OF A COOPERATIVE ASSOCIATION LOCATED
IN THIS COMMONWEALTH.
(IV) AN EMPLOYEE OF A LENDING INSTITUTION LOCATED IN
THIS COMMONWEALTH.
(V) A PERSON OR AN EMPLOYEE OF A PERSON ENGAGED IN
THE PRODUCTION OR PROCESSING OF AN AGRICULTURAL COMMODITY
IN THIS COMMONWEALTH.
(VI) A LICENSED DOCTOR OF VETERINARY MEDICINE WHO IS
NOT AN EMPLOYEE OF THE COMMONWEALTH.
(5) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT
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PRO TEMPORE OF THE SENATE OR A DESIGNEE WHO SHALL BE AN
EMPLOYEE OF THE SENATE.
(6) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY
LEADER OF THE SENATE OR A DESIGNEE WHO SHALL BE AN EMPLOYEE
OF THE SENATE.
(7) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR A DESIGNEE
WHO SHALL BE AN EMPLOYEE OF THE HOUSE OF REPRESENTATIVES.
(8) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES OR A
DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE HOUSE OF
REPRESENTATIVES.
(B) QUORUM.--SEVEN MEMBERS OF THE BOARD SHALL CONSTITUTE A
QUORUM. THE CONSENT OF NO LESS THAN SEVEN MEMBERS OF THE BOARD,
WITH FIVE OF THE CONSENTING MEMBERS AS SPECIFIED UNDER
SUBSECTION (A)(1), (5), (6), (7) AND (8), SHALL BE NECESSARY TO
AWARD GRANTS TO ELIGIBLE APPLICANTS UNDER SUBSECTION (D).
(C) TERMS.--A BOARD MEMBER APPOINTED UNDER SUBSECTION (A)
(3), (4), (5), (6), (7) AND (8) SHALL SERVE A TERM OF TWO YEARS
AND MAY BE REAPPOINTED TO SUCCESSIVE TERMS. A VACANCY SHALL BE
FILLED IN THE SAME MANNER AS APPOINTMENTS ARE MADE UNDER
SUBSECTION (A).
(D) DUTIES.--THE BOARD SHALL MEET AS NECESSARY TO EVALUATE
AND AWARD GRANTS UNDER SECTION 11006 (RELATING TO GRANT FUNDS
AND ELIGIBILITY) TO ELIGIBLE APPLICANTS BASED ON THE FOLLOWING
CRITERIA:
(1) THE ABILITY OF THE APPLICANT TO COMPLETE THE
PROJECT.
(2) THE ABILITY OF THE APPLICANT TO INCORPORATE ONE OR
MORE OF THE INNOVATIONS UNDER SECTION 11004 (RELATING TO
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AGRICULTURE INNOVATION GRANT PROGRAM).
(3) HOW THE PROJECT FULFILLS ONE OR MORE OF THE
INNOVATIONS UNDER SECTION 11004.
(4) THE ABILITY OF THE APPLICANT TO SUSTAIN THE PROJECT.
(5) ANY OTHER CRITERIA AS DETERMINED BY THE DEPARTMENT,
IN CONSULTATION WITH THE BOARD.
§ 11006. GRANT FUNDS AND ELIGIBILITY.
(A) INNOVATION PLANNING PROJECT GRANT.--AN ELIGIBLE
APPLICANT MAY APPLY FOR A GRANT TO DEVELOP A STRATEGIC PLAN TO
UTILIZE INNOVATION TO IMPROVE AGRICULTURAL PRACTICES,
TECHNOLOGIES, OPERATIONS OR APPROACHES WITHIN A SPECIFIC
BUSINESS, GEOGRAPHIC AREA OR NETWORK. THE FOLLOWING SHALL APPLY
TO A GRANT UNDER THIS SUBSECTION:
(1) THE AMOUNT OF A GRANT SHALL BE NO LESS THAN $7,500
AND NO MORE THAN $50,000.
(2) A GRANTEE MUST USE NON-STATE SOURCED MATCHING FUNDS
EQUAL TO AT LEAST 30% OF THE GRANT AMOUNT FOR THE PROJECT.
(B) ON-SITE PROJECT GRANT.--AN ELIGIBLE APPLICANT MAY APPLY
FOR A GRANT FOR A PROJECT THAT FOCUSES ON IMPLEMENTING
INNOVATION PRACTICES, TECHNOLOGIES OR APPROACHES ON AN
INDIVIDUAL FARM OR PROPERTY PRODUCING OR PROCESSING AN
AGRICULTURAL COMMODITY. THE FOLLOWING SHALL APPLY TO A GRANT
UNDER THIS SUBSECTION:
(1) THE AMOUNT OF THE GRANT SHALL BE NO LESS THAN $5,000
AND NO MORE THAN $200,000.
(2) A GRANTEE MUST USE NON-STATE SOURCED MATCHING FUNDS
EQUAL TO AT LEAST 50% OF THE GRANT AMOUNT FOR THE PROJECT.
(C) REGIONAL IMPACT PROJECT GRANT.--AN ELIGIBLE APPLICANT
MAY APPLY FOR A GRANT FOR A PROJECT DESIGNED TO ADDRESS
CHALLENGES, PROMOTE EFFICIENCIES OR ACHIEVE SPECIFIC GOALS FOR
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MULTIPLE ELIGIBLE APPLICANTS. THE FOLLOWING SHALL APPLY TO A
GRANT UNDER THIS SUBSECTION:
(1) THE AMOUNT OF THE GRANT SHALL BE NO LESS THAN
$100,000 AND NO MORE THAN $2,000,000.
(2) THE GRANTEE MUST USE NON-STATE SOURCED MATCHING
FUNDS EQUAL TO AT LEAST 50% OF THE GRANT AMOUNT FOR THE
PROJECT.
(3) THE PROJECT MUST IMPACT TWO OR MORE PERSONS OR
BUSINESSES OR BE A COOPERATIVE ASSOCIATION THAT GROWS,
HARVESTS, PROCESSES, PACKS OR MANAGES AN AGRICULTURAL
COMMODITY.
§ 11007. FUNDING.
THE DEPARTMENT SHALL ACCEPT FUNDS FROM THE FOLLOWING SOURCES:
(1) MONEY APPROPRIATED TO THE DEPARTMENT FOR THE
PURPOSES OF THIS CHAPTER.
(2) GIFTS OR DONATIONS OF MONEY, SECURITIES OR OTHER
PERSONAL PROPERTY EXCEPT REAL ESTATE, WHICH, OR THE INCOME OF
WHICH, SHALL BE USED TO CARRY OUT THE PURPOSES OF THIS
CHAPTER.
§ 11008. LIMITATION OF GRANTS.
(A) LIMITATION.--A GRANT UNDER SECTION 11006 (RELATING TO
GRANT FUNDS AND ELIGIBILITY) MAY ONLY BE AWARDED TO THE EXTENT
MONEY IS APPROPRIATED BY THE GENERAL ASSEMBLY OR PROVIDED BY
OTHER SOURCES.
(B) APPROVAL OF GRANT.--THE BOARD MAY APPROVE A GRANT THAT
IS LESS THAN THE REQUESTED AMOUNT.
(C) CONDITIONS.--THE DEPARTMENT AND THE BOARD MAY IMPOSE
RESTRICTIONS OR SPECIAL CONDITIONS UPON ISSUANCE OF A GRANT.
(D) REIMBURSEMENT GRANTS.--
(1) A GRANT AWARDED UNDER SECTION 11006 SHALL BE A
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REIMBURSEMENT GRANT. THE AMOUNT OF REIMBURSEMENT SHALL BE
BASED ON ACTUAL COSTS SUBMITTED BY AN APPROVED ELIGIBLE
APPLICANT FOR A PROJECT AWARDED A GRANT DURING ANY FISCAL
YEAR IN WHICH GRANTS ARE OFFERED.
(2) GRANT MONEY SHALL NOT BE USED TO REIMBURSE ANY
PORTION OF AN IN-KIND CONTRIBUTION TO AN ELIGIBLE PROJECT.
(3) GRANT MONEY MAY NOT BE USED TO PAY OR REIMBURSE
WAGES OR SALARIES OF A GRANT RECIPIENT OR GRANT RECIPIENT
STAFF.
(4) GRANT MONEY MAY NOT BE USED TO REIMBURSE ANY PORTION
OF PROJECT COSTS THAT ARE PAID OR REIMBURSED UNDER ANOTHER
FEDERAL OR STATE GRANT PROGRAM.
(E) CAP ON GRANTS.--A SINGLE ELIGIBLE APPLICANT MAY NOT BE
AWARDED MORE THAN $2,000,000 IN A FISCAL YEAR.
§ 11009. APPLICATIONS AND DISPOSITION OF GRANTS.
(A) SUBMISSION.--APPLICATIONS FOR GRANTS SHALL BE SUBMITTED
IN A MANNER AND ON A FORM AS PRESCRIBED BY THE DEPARTMENT.
(B) WRITTEN AGREEMENT.--THE DEPARTMENT MAY REQUIRE A WRITTEN
AGREEMENT DESCRIBING THE TERMS AND CONDITIONS OF THE GRANT.
(C) VERIFICATION.--THE DEPARTMENT MAY REQUIRE VERIFICATION
OF GRANT EXPENDITURES.
(D) CRITERIA.--THE DEPARTMENT MAY ESTABLISH CRITERIA UNDER
WHICH THE DEPARTMENT MAY DEMAND THE RETURN OF ALL OR A PORTION
OF THE GRANT MONEY.
§ 11010. REGULATIONS.
THE DEPARTMENT SHALL ADMINISTER THE PROVISIONS OF THIS
CHAPTER AND, WITH THE APPROVAL OF THE BOARD, SHALL PRESCRIBE AND
ADOPT PROGRAM POLICY GUIDELINES OR REGULATIONS TO ADMINISTER AND
ENFORCE THIS CHAPTER.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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SECTION 1. SECTION 141-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 141-C. EMERGENCY EDUCATION RELIEF TO NONPUBLIC SCHOOLS.
* * *
(A.2) UNUSED MONEY.--FROM THE REMAINING MONEY APPROPRIATED
FOR COVID RELIEF - ARPA - EMERGENCY ASSISTANCE TO NON-PUBLIC
SCHOOLS, UP TO $3,000,000 SHALL BE REALLOCATED TO AWARD GRANTS
TO NONPUBLIC SCHOOLS. A NONPUBLIC SCHOOL THAT QUALIFIES FOR A
GRANT UNDER THIS SUBSECTION MAY CHOOSE AN EDUCATIONAL SERVICE
PROVIDER PROVIDED THROUGH AN INTERMEDIATE UNIT THAT IS
ADMINISTERING A PROGRAM TO AWARD GRANTS UNDER THIS SUBSECTION IN
ACCORDANCE WITH FEDERAL LAW AND GUIDANCE.
* * *
SECTION 1.1. THE ACT IS AMENDED BY ADDING AN ARTICLE TO
READ:
ARTICLE II-G
STATE HEALTH INSURANCE EXCHANGE AFFORDABILITY PROGRAM
SECTION 201-G. 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:
"ACCOUNT." THE EXCHANGE AFFORDABILITY ASSISTANCE ACCOUNT
ESTABLISHED UNDER SECTION 203-G.
"AFFORDABLE CARE ACT." THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT (PUBLIC LAW 111-148, 124 STAT. 119), AS AMENDED BY THE
HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010 (PUBLIC LAW
111-152, 124 STAT. 1029).
"AFFORDABILITY ASSISTANCE PROGRAM." THE AFFORDABILITY
ASSISTANCE PROGRAM ESTABLISHED UNDER SECTION 202-G(A).
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"AMERICAN RESCUE PLAN." THE AMERICAN RESCUE PLAN OF 2021
(PUBLIC LAW 117-2, 135 STAT. 4).
"DEPARTMENT." THE INSURANCE DEPARTMENT OF THE COMMONWEALTH.
"ELIGIBLE INDIVIDUAL." AN INDIVIDUAL OR HOUSEHOLD WHO MEETS
THE FINANCIAL REQUIREMENTS UNDER SECTION 202-G(B).
"EXCHANGE AUTHORITY." THE PENNSYLVANIA HEALTH INSURANCE
EXCHANGE AUTHORITY ESTABLISHED UNDER 40 PA.C.S. § 9302(A)
(RELATING TO PENNSYLVANIA HEALTH INSURANCE EXCHANGE AUTHORITY).
"HEALTH INSURANCE POLICY." A POLICY, SUBSCRIBER CONTRACT,
CERTIFICATE OR PLAN ISSUED BY AN INSURER THAT PROVIDES MEDICAL
OR HEALTH CARE COVERAGE. THE TERM INCLUDES A DENTAL ONLY AND A
VISION ONLY POLICY. THE TERM DOES NOT INCLUDE ANY OF THE
FOLLOWING:
(1) AN ACCIDENT ONLY POLICY.
(2) A CREDIT ONLY POLICY.
(3) A LONG-TERM CARE OR DISABILITY INCOME POLICY.
(4) A SPECIFIED DISEASE POLICY.
(5) A MEDICARE SUPPLEMENT POLICY.
(6) A TRICARE POLICY, INCLUDING A CIVILIAN HEALTH AND
MEDICAL PROGRAM OF THE UNIFORMED SERVICES (CHAMPUS)
SUPPLEMENT POLICY.
(7) A FIXED INDEMNITY POLICY.
(8) A HOSPITAL INDEMNITY POLICY.
(9) A WORKER'S COMPENSATION POLICY.
(10) AN AUTOMOBILE MEDICAL PAYMENT POLICY UNDER 75
PA.C.S. (RELATING TO VEHICLES).
(11) A HOMEOWNER'S INSURANCE POLICY.
(12) ANY OTHER SIMILAR POLICIES PROVIDING FOR LIMITED
BENEFITS.
"MEDICAL ASSISTANCE PROGRAM." THE MEDICAL ASSISTANCE PROGRAM
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ESTABLISHED UNDER ARTICLE IV OF THE ACT OF JUNE 13, 1967
(P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE.
"REINSURANCE PROGRAM." THE COMMONWEALTH HEALTH INSURANCE
REINSURANCE PROGRAM ESTABLISHED UNDER 40 PA.C.S. § 9502(B)
(RELATING TO IMPLEMENTATION OF WAIVER AND ESTABLISHMENT OF
REINSURANCE PROGRAM).
SECTION 202-G. AFFORDABILITY ASSISTANCE PROGRAM.
(A) ESTABLISHMENT.--THE AFFORDABILITY ASSISTANCE PROGRAM IS
ESTABLISHED UNDER THE EXCHANGE AUTHORITY. BEGINNING IN PLAN YEAR
2025, THE AFFORDABILITY ASSISTANCE PROGRAM SHALL INCENTIVIZE
ENROLLMENT IN HEALTH INSURANCE POLICIES OFFERED ON THE EXCHANGE
AS SPECIFIED UNDER SUBSECTION (B) CONTINGENT ON FUNDS BEING
AVAILABLE UNDER SECTION 203-G.
(B) FINANCIAL ASSISTANCE.--THE AFFORDABILITY ASSISTANCE
PROGRAM SHALL PROVIDE FINANCIAL ASSISTANCE TO ELIGIBLE
INDIVIDUALS PURCHASING A HEALTH INSURANCE POLICY THROUGH THE
EXCHANGE. THE EXCHANGE AUTHORITY SHALL DETERMINE THE AMOUNT OF
FINANCIAL ASSISTANCE BASED ON THE ADJUSTED GROSS INCOME OF AN
INDIVIDUAL. THE FOLLOWING SHALL APPLY:
(1) AN INDIVIDUAL WHO HAS AN ADJUSTED GROSS INCOME THAT
IS NOT LOWER THAN 151% OF THE FEDERAL POVERTY LIMIT AND DOES
NOT EXCEED 300% OF THE FEDERAL POVERTY LIMIT SHALL BE AN
ELIGIBLE INDIVIDUAL FOR FINANCIAL ASSISTANCE UNDER THE
AFFORDABILITY ASSISTANCE PROGRAM.
(2) AN INDIVIDUAL OR HOUSEHOLD WITH ADJUSTED GROSS
INCOME THAT IS LESS THAN 150% OF THE FEDERAL POVERTY LIMIT,
BUT IS NOT ELIGIBLE FOR THE MEDICAL ASSISTANCE PROGRAM MAY
BE DEEMED AN ELIGIBLE INDIVIDUAL FOR FINANCIAL ASSISTANCE
UNDER THE AFFORDABILITY ASSISTANCE PROGRAM UPON THE
EXPIRATION FOR ANY REASON OF FEDERAL SUBSIDIES USED TO
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INCENTIVIZE THE PURCHASE OF HEALTH INSURANCE POLICIES THROUGH
THE EXCHANGE PROVIDED UNDER THE AMERICAN RESCUE PLAN.
(C) LIMITATIONS.--FINANCIAL ASSISTANCE TO AN ELIGIBLE
INDIVIDUAL UNDER THIS SECTION MAY NOT BE USED TO INCENTIVIZE THE
PURCHASE OF A BRONZE LEVEL PLAN DEFINED IN 42 U.S.C. § 18022
(RELATING TO ESSENTIAL HEALTH BENEFITS REQUIREMENTS).
(D) REQUIREMENTS OF EXCHANGE AUTHORITY.--THE AFFORDABILITY
ASSISTANCE PROGRAM SHALL BE SUBJECT 40 PA.C.S. CH. 93 (RELATING
TO STATE-BASED EXCHANGE) PERTAINING STATUTORY REQUIREMENTS ON
THE OPERATIONS OF THE EXCHANGE AUTHORITY, INCLUDING 40 PA.C.S.
§§ 9310 (RELATING TO AUDITS) AND 9311 (RELATING TO REPORTS).
SECTION 203-G. EXCHANGE AFFORDABILITY ASSISTANCE ACCOUNT.
A RESTRICTED ACCOUNT IS ESTABLISHED IN THE STATE TREASURY TO
BE KNOWN AS THE EXCHANGE AFFORDABILITY ASSISTANCE ACCOUNT. MONEY
IN THE ACCOUNT SHALL INCLUDE ANY OF THE FOLLOWING:
(1) MONEY RECEIVED AS PART OF A DISBURSEMENT FROM THE
JOINT UNDERWRITERS ASSOCIATION SHALL BE DEPOSITED INTO THE
ACCOUNT TO BE USED BY THE EXCHANGE IN ACCORDANCE WITH SECTION
202-G.
(2) MONEY APPROPRIATED BY THE GENERAL ASSEMBLY.
(3) UP TO $50,000,000 MAY BE USED EACH YEAR FOR THE
PROGRAM FROM FUNDS RECEIVED UNDER PARAGRAPH (1).
SECTION 204-G. APPLICATION FOR STATE REINSURANCE PROGRAM.
(A) APPLICATION.--NOTWITHSTANDING THE PROVISIONS OF 40
PA.C.S. § 9501(A) (RELATING TO APPLICATION), THE DEPARTMENT
SHALL, NO LATER THAN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION, SHALL APPLY TO THE UNITED STATES SECRETARY OF HEALTH
AND HUMAN SERVICES UNDER SECTION 1332 OF THE AFFORDABLE CARE ACT
FOR A STATE INNOVATION WAIVER TO:
(1) WAIVE THE APPLICABLE PROVISIONS OF THE AFFORDABLE
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CARE ACT WITH RESPECT TO HEALTH INSURANCE COVERAGE IN THIS
COMMONWEALTH;
(2) ESTABLISH A REINSURANCE PROGRAM IN ACCORDANCE WITH
AN APPROVED WAIVER; AND
(3) MAXIMIZE FEDERAL FUNDING FOR THE REINSURANCE PROGRAM
FOR PLAN YEARS BEGINNING ON OR AFTER IMPLEMENTATION OF THE
REINSURANCE PROGRAM.
(B) (RESERVED).
SECTION 2. SECTION 301.1(I)(2) OF THE ACT IS AMENDED TO
READ:
SECTION 301.1. INVESTMENT OF MONEYS.--* * *
(I) * * *
(2) THE AUTHORITY TO INVEST OR REINVEST THE MONEYS OF ANY
FUND PURSUANT TO THIS SUBSECTION SHALL EXPIRE DECEMBER 31,
[2024] 2034. THE TREASURY DEPARTMENT MAY MAINTAIN INVESTMENTS
PURSUANT TO THIS SUBSECTION WHICH ARE IN EXISTENCE ON THE
EXPIRATION DATE IN THIS PARAGRAPH FOR NOT MORE THAN TWO YEARS
FOLLOWING SUCH EXPIRATION DATE.
SECTION 3. SECTION 1601.2-E(E)(1)(II) OF THE ACT, AMENDED
DECEMBER 13, 2023 (P.L.251, NO.34), IS AMENDED TO READ:
SECTION 1601.2-E. OIL AND GAS LEASE FUND.
* * *
(E) ANNUAL TRANSFERS.--THE FOLLOWING APPLY:
(1) * * *
(II) NO AMOUNT SHALL BE TRANSFERRED FROM THE FUND TO
THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE
ENVIRONMENTAL STEWARDSHIP FUND FOR THE 2019-2020, 2020-
2021, 2021-2022, 2022-2023 [AND], 2023-2024 AND 2024-2025
FISCAL YEAR.
* * *
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SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1608-M. OPERATION AS TAXICAB.
(A) PROHIBITION.--NOTWITHSTANDING 53 PA.C.S. §§ 5714
(RELATING TO CERTIFICATE AND MEDALLION REQUIRED) AND 57B02(C)(6)
(RELATING TO REGULATION OF TAXICABS AND LIMOUSINES), THE
FOLLOWING VEHICLES MAY NOT CONTINUE IN OPERATION AS A TAXICAB:
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), A VEHICLE
THAT IS MORE THAN 10 MODEL YEARS OLD.
(2) A VEHICLE THAT IS MORE THAN 12 MODEL YEARS OLD IF
THE VEHICLE IS AN ALTERNATIVE FUEL VEHICLE.
(3) A VEHICLE THAT HAS BEEN DRIVEN MORE THAN 350,000
MILES.
(B) AUTHORIZATION.--NOTWITHSTANDING SUBSECTION (A), THE
AUTHORITY MAY AUTHORIZE THE OPERATION OF ANTIQUE VEHICLES IN
CALL OR DEMAND SERVICE IN CIRCUMSTANCES AS THE AUTHORITY MAY
DEEM APPROPRIATE.
(C) 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:
"ALTERNATIVE FUEL VEHICLE." AS DEFINED IN SECTION 2 OF THE
ACT OF NOVEMBER 29, 2004 (P.L.1376, NO.178) KNOWN AS THE
ALTERNATIVE FUELS INCENTIVE ACT.
"AUTHORITY." AS DEFINED IN 53 PA.C.S. § 5701 (RELATING TO
DEFINITIONS).
"TAXICAB." AS DEFINED IN 53 PA.C.S. § 5701.
SECTION 1602-O. INTERMEDIATE CARE FACILITIES FOR PERSONS WITH
AN INTELLECTUAL DISABILITY ASSESSMENTS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ASSESSMENTS
AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-C OF THE ACT OF
JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE,
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SHALL CONTINUE AND REMAIN IN EFFECT UNTIL JUNE 30, 2029. THE
ASSESSMENTS SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE
VIII-C OF THE HUMAN SERVICES CODE.
SECTION 1603-O. HOSPITAL ASSESSMENTS.
(A) ASSESSMENTS.--NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE ASSESSMENTS AUTHORIZED AND IMPLEMENTED UNDER ARTICLE
VIII-E OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE
HUMAN SERVICES CODE, SHALL CONTINUE AND REMAIN IN EFFECT UNTIL
JUNE 30, 2029, EXCEPT AS OTHERWISE PROVIDED UNDER THIS SECTION.
BEGINNING JULY 1, 2024, THE FOLLOWING SHALL APPLY:
(1) IN ORDER TO GENERATE ADDITIONAL REVENUES FOR THE
PURPOSE OF ASSURING THAT MEDICAL ASSISTANCE RECIPIENTS HAVE
ACCESS TO HOSPITAL AND OTHER HEALTH CARE SERVICES, AND
SUBJECT TO THE CONDITIONS AND REQUIREMENTS SPECIFIED UNDER
ARTICLE VIII-E OF THE HUMAN SERVICES CODE, A MUNICIPALITY
MAY, BY ORDINANCE, IMPOSE AN ASSESSMENT ON THE FOLLOWING:
(I) EACH GENERAL ACUTE CARE HOSPITAL.
(II) EACH HIGH-VOLUME MEDICAID HOSPITAL.
(III) EACH CANCER HOSPITAL.
(IV) EACH CHILDREN'S HOSPITAL.
(2) A MUNICIPALITY SHALL, BY ORDINANCE, ESTABLISH THE
ASSESSMENT IMPOSED UNDER PARAGRAPH (1) AS A PERCENTAGE OF
EACH HOSPITAL'S NET PATIENT REVENUE REDUCED BY ALL REVENUES
RECEIVED FROM MEDICARE FOR THE YEAR AS THE MUNICIPALITY SHALL
SPECIFY, AND MAY ESTABLISH DIFFERENT ASSESSMENT PERCENTAGES
AS FOLLOWS:
(I) AN ASSESSMENT PERCENTAGE FOR A HOSPITAL
IDENTIFIED UNDER PARAGRAPH (1)(I) AND (III).
(II) AN ASSESSMENT PERCENTAGE FOR A HOSPITAL
IDENTIFIED UNDER PARAGRAPH (1)(II).
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(III) AN ASSESSMENT PERCENTAGE FOR A HOSPITAL
IDENTIFIED UNDER PARAGRAPH (1)(IV).
(3) A MUNICIPALITY MAY INCLUDE APPROPRIATE
ADMINISTRATIVE PROVISIONS IN AN ORDINANCE ADOPTED UNDER
PARAGRAPH (2), INCLUDING, WITHOUT LIMITATION, PROVISIONS FOR
THE COLLECTION OF INTEREST AND PENALTIES AND PROVISIONS FOR
THE CALCULATION AND IMPOSITION OF THE ASSESSMENT ON A
HOSPITAL SUBJECT TO THE ASSESSMENT WHICH, DURING A FISCAL
YEAR IN WHICH THE ASSESSMENT IS IMPOSED, CHANGES OWNERSHIP OR
CONTROL, BEGINS OPERATIONS, CLOSES OR EXPERIENCES ANY OTHER
CHANGE THAT AFFECTS THE HOSPITAL'S STATUS AS A GENERAL ACUTE
CARE HOSPITAL, HIGH-VOLUME MEDICAID HOSPITAL, CANCER HOSPITAL
OR CHILDREN'S HOSPITAL.
(4) NOTWITHSTANDING SECTION 804-E(B)(2) OF THE HUMAN
SERVICES CODE, FUNDS IN THE RESTRICTED ACCOUNT ESTABLISHED
UNDER SECTION 804-E(B) SHALL BE USED BY THE DEPARTMENT OF
HUMAN SERVICES TO MAKE PAYMENTS TO MEDICAL ASSISTANCE MANAGED
CARE ORGANIZATIONS FOR ADDITIONAL PAYMENTS FOR HEALTH CARE
SERVICES WITHIN THE MUNICIPALITY.
(5) THE SECRETARY OF HUMAN SERVICES SHALL SEEK FEDERAL
APPROVAL FROM THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES AS NECESSARY TO MAKE THE PAYMENTS AUTHORIZED
UNDER PARAGRAPH (4) AND SECTION 804-E(B) OF THE HUMAN
SERVICES CODE.
(B) 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:
"CANCER HOSPITAL." A FREE-STANDING ACUTE CARE HOSPITAL
ORGANIZED PRIMARILY FOR THE TREATMENT OF AND RESEARCH ON CANCER
AND WHICH IS AN EXEMPT HOSPITAL AS DEFINED IN SECTION 801-G OF
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