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SENATE AMENDED
A05414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1421
Session of
2021
INTRODUCED BY THOMAS, BOBACK, FARRY, FREEMAN, HILL-EVANS,
HOHENSTEIN, JAMES, KERWIN, LABS, MILLARD, PENNYCUICK,
POLINCHOCK, SCHROEDER, TOMLINSON, WEBSTER, RYAN, BURNS,
CIRESI, MIZGORSKI, DELLOSO, ORTITAY, T. DAVIS, WARREN,
SCHLEGEL CULVER, C. WILLIAMS AND SAINATO, MAY 14, 2021
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 20, 2022
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military Affairs,
further providing for burial details for veterans.
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
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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 definitions, repealing provisions relating to
money in account, providing for Executive Offices, for Whole-
Home Repairs Program and for arts and culture recovery
grants, further providing for emergency education relief to
nonpublic schools and for funding for library services and
providing for biotechnology research, for use of money, for
Child Care Stabilization Program, for Behavioral Health
Commission or Adult Mental Health, for Department of Revenue,
for State university assistance for fiscal year 2022-2023,
for Development Cost Relief Program, for Housing Options
Grant Program and for Department of Conservation and Natural
Resources; in Rental and Utility Assistance Grant Program,
further providing for reallocation of grants; in American
Rescue Plan Rental and Utility Assistance Grant Program,
further providing for department; in Treasury Department,
providing for Commonwealth payment security; 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, further
providing for transportation network company extension;
providing for Agriculture Conservation Assistance Program and
for Clean Water Procurement Program; in special funds,
further providing for funding, for transfer, for H2O PA
Account and for other grants; in additional special funds and
restricted accounts, further providing for establishment of
special fund and account, for use of fund, for distributions
from Pennsylvania Race Horse Development Fund, for Workers'
Compensation Security Fund transfer to COVID-19 Response
Restricted Account and for Opioid Settlement Restricted
Account; providing for additional special funds and
restricted accounts; in 2021-2022 budget implementation,
further providing for executive offices and for Department of
Human Services; in general budget implementation, further
providing for Executive Offices, for Department of
Corrections, for Department of Education, for Department of
Health, for Department of Labor and Industry, for Department
of Military and Veterans Affairs, for Department of Human
Services, for Department of Revenue, for Pennsylvania
Infrastructure Investment Authority, for Pennsylvania Board
of Probation and Parole, for Pennsylvania Public Television
Network Commission, for Pennsylvania Securities Commission
and for State Tax Equalization Board, providing for State-
related universities and further providing for surcharges and
for Multimodal Transportation Fund; providing for 2022-2023
budget implementation and for 2022-2023 restrictions on
appropriations for funds and accounts; and making related
repeals.
The General Assembly finds and declares as follows:
(1) The intent of this act is to provide for the
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implementation of the 2022-2023 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
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
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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
2022-2023 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 2022-2023 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 Act of 2022.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 705(b) of Title 51 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 705. Burial details for veterans.
* * *
(b) Contracts.--The department may enter into contracts with
a Statewide nonprofit fraternal society that represents various
veterans' groups or may request the services of members of the
Pennsylvania National Guard for the purpose of providing the
burial details authorized by this section. [In any such
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contract] If a contract is executed the department shall pay an
amount not exceeding [$150] $250 for each day that the burial
detail is provided, and no other expenses shall be paid by the
department under the contract.
* * *
Section 2. This act shall take effect in 60 30 days.
Section 1. Section 101-C of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is amended by
adding a definition to read:
Section 101-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"American Rescue Plan Act of 2021" or "ARPA." The American
Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4).
* * *
Section 2. Section 111-C(g) of the act is repealed:
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 June 30, 2021 (P.L.1325, and
Article I-J, shall be transferred to the General Fund for use
under section 602(c)(1) of the Social Security Act (49 Stat.
620, 42 U.S.C. ยง 802(c)(1)) for fiscal years beginning after
June 30, 2022.
(2) A transfer under paragraph (1) shall be made by the
State Treasurer on the following schedule:
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(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. ยง 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 3. Article I-C of the act is amended by adding a
subarticle to read:
SUBARTICLE B.1
EXECUTIVE OFFICES
Section 115-C. Transfer to the Unemployment Compensation Trust
Fund.
(a) Certification of information.--No later than September
1, 2022, November 1, 2022, December 15 2022 and February 1,
2023, the Secretary of Labor and Industry shall certify to the
Secretary of the Budget, 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 all of the following:
(1) The balance of the Unemployment Compensation Trust
Fund as of the date of the certification.
(2) The estimated revenues to be deposited into the
Unemployment Compensation Trust Fund for the remainder of the
fiscal year.
(3) The estimated expenditures from the Unemployment
Compensation Trust Fund for the remainder of the fiscal year.
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(4) The balance of the loans from the Federal Government
as of the date of the certification.
(5) Whether the balance of the loans under paragraph (4)
will subject the Commonwealth to a FUTA credit reduction if
the loans are not repaid by January 1, 2023.
(b) Transfer.--Upon receipt of a certification under
subsection (a), the Secretary of the Budget shall transfer
amounts from the appropriation for COVID Relief - ARPA -
Transfer to the Unemployment Compensation Trust Fund to the
Unemployment Compensation Trust Fund. Amounts transferred to the
Unemployment Compensation Trust Fund under this subsection shall
be used as follows:
(1) To repay advances prior to November 10, 2022, to
avoid a reduction in the tax credit available to employers
under 26 U.S.C. ยง 3302 (relating to credits against tax).
(2) To repay the entire outstanding advances prior to
January 1, 2023, to avoid a reduction in the tax credit
available to employers under 26 U.S.C. ยง 3302.
(3) Excess money remaining after advances are paid in
accordance with paragraphs (1) and (2) shall be used to repay
outstanding advances prior to April 30, 2023.
(4) After April 30, 2023, any remaining money shall be
used in the following order of priority:
(i) The repayment of outstanding advances.
(ii) The payment of benefits under the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
known as the Unemployment Compensation Law, if the
department determines that additional advances will not
be necessary for at least one year.
Section 116-C. Local Law Enforcement Support Grant Program.
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(a) Establishment.--The commission shall establish the Local
Law Enforcement Support Grant Program for law enforcement
agencies.
(b) Administration.--The program shall provide a law
enforcement agency with the necessary resources to allow the law
enforcement agency to implement information technology
improvements, purchase or upgrade equipment, cover
nontraditional law enforcement personnel costs, support
retention and recruitment efforts and provide necessary training
and cover related expenses.
(c) Applications.--The commission shall prescribe the form
and manner in which an application may be submitted to receive a
grant award under the program. The commission shall accept
applications on an annual basis.
(d) Use of grants.--From money appropriated for COVID Relief
- ARPA - Local Law Enforcement Support, a law enforcement agency
may use a grant award under the program for any of the
following:
(1) Technology and information technology improvements,
including, but not limited to, record management systems,
report management systems and national incident-based
reporting system updates.
(2) Hardware and software equipment, including, but not
limited to, body-worn cameras, vehicle cameras and mobile
information technology equipment.
(3) Nonsworn personnel costs, including, but not limited
to, civilian personnel, co-responder models, crisis
intervention specialists or civilian community relations
specialists.
(4) Nonreoccurring personnel costs for sworn officers,
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including, but not limited to, officer wellness programs,
programs that support increased diversity and retention and
recruitment programs.
(5) Policy development, evidence-based practices and
training, including, but not limited to, crisis intervention
training, use of force training, implicit bias training,
deescalation training and associated costs related to
training.
(e) Prioritization.--The commission shall prioritize issuing
grants under the program for areas of this Commonwealth with
high rates of violence or to law enforcement agencies with low
clearance rates.
(f) Limitations.--The following shall apply to grants issued
by the commission under the program:
(1) A grant award to a city of the first class shall not
exceed $25,000,000.
(2) A grant award to a city of the second class shall
not exceed $20,000,000.
(3) A grant award to a municipality with a population of
55,000 or greater based on the most recent Federal decennial
census, not including a city of the first class or a city of
the second class, shall not exceed $10,000,000.
(4) A grant award to a municipality with a population
between 18,000 and 55,000 based on the most recent Federal
decennial census, not including a city of the first class or
a city of the second class, shall not exceed $5,000,000.
(5) A grant award to a municipality with a population
less than 18,000 based on the most recent Federal decennial
census, not including a city of the first class or a city of
the second class, shall not exceed $1,000,000.
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(6) A grant award to a transit agency or campus police
or university police department shall not exceed $5,000,000.
(7) A grant award to an airport authority police
department or a county park police force shall not exceed
$500,000.
(g) Supplement not supplant.--Grant money allocated through
the program shall be used to supplement and not supplant
existing funding. Nothing in this section shall be construed to
prohibit a law enforcement agency from making an application to
receive a grant award under the program in a subsequent year for
the same purpose and amount in the prior year.
(h) Diversity.--The commission shall ensure that grant
awards made under the program are geographically dispersed
throughout this Commonwealth.
(i) Performance metrics.--The commission shall include
performance metrics to measure the progress of grants awarded
under the program.
(j) 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:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Law enforcement agency." Any of the following:
(1) A public agency of a political subdivision having
general police powers and charged with making arrests in
connection with the enforcement of the criminal or traffic
laws.
(2) A campus police or university police department, as
used in section 2416 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, certified
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by the Office of Attorney General as a criminal justice
agency under the definition of "criminal justice agency" in
18 Pa.C.S. ยง 9102 (relating to definitions).
(3) A railroad or street railway police department
formed with officers commissioned under 22 Pa.C.S. Ch. 33
(relating to railroad and street railway police) or any prior
statute providing for the commissioning.
(4) An airport authority police department, including
the Harrisburg International Airport Police.
(5) A county park police force under section 2511(b) of
the act of August 9, 1955 (P.L.323, No.130), known as The
County Code.
"Most recent Federal decennial census." The population
figures for the most recent Federal decennial census as
published by the Department of General Services in the most
recent Pennsylvania Manual as of the effective date of this
section.
"Program." The Local Law Enforcement Support Grant Program
established under subsection (a).
Section 117-C. Gun Violence Investigation and Prosecution Grant
Program.
(a) Establishment.--The commission shall establish the Gun
Violence Investigation and Prosecution Grant Program.
(b) Administration.--The program shall make grants to county
district attorneys' offices and local law enforcement agencies
to investigate and prosecute the following:
(1) A violation of 18 Pa.C.S. Ch. 61 (relating to
firearms and other dangerous articles).
(2) A crime of violence as defined in 42 Pa.C.S. ยง
9714(g) (relating to sentences for second and subsequent
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offenses) where a firearm or a replica of a firearm, as
defined in 42 Pa.C.S. ยง 9712(e) (relating to sentences for
offenses committed with firearms), is used in the commission
of the crime.
(c) Applications.--The commission shall prescribe the form
and manner in which an application may be submitted to receive a
grant award under the program. The commission shall accept
applications on an annual basis.
(d) Use of grant funds.--From money appropriated for COVID
Relief - ARPA - Gun Violence Investigation and Prosecution,
grant funds may be used for any of the following purposes:
(1) To improve and enhance coordination of Federal,
State and local law enforcement investigations and
prosecutions of violations of 18 Pa.C.S. Ch. 61 and crimes of
violence involving firearms.
(2) To support personnel costs, including salaries and
overtime, relating to investigations and prosecutions of
violations of 18 Pa.C.S. Ch. 61 and crimes of violence
involving firearms, with priority given to applications
focusing on straw purchasers and firearms trafficking.
(3) To purchase technology systems, including related
hardware and software, to improve investigations and
prosecutions or increase clearance rates, including the
purchase of gunshot detection technology and other
technologies that support firearm violence reduction
initiatives.
(4) Initiatives that support the tracing of firearms
used to commit crimes or delinquent acts and the
identification of illegal firearms traffickers.
(5) Any other efforts that aid in the investigation,
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arrest and prosecution of a crime involving firearms.
(e) Limitations.--The limitations under section 116-C(f) for
the law enforcement grant program shall apply to a grant awarded
under this section.
(f) Priority in awards.--In awarding grants under this
program, the commission shall prioritize applications for areas
of this Commonwealth experiencing high rates of gun violence.
The commission shall reserve no less than 10% of available grant
funds for county district attorneys' offices and law enforcement
agencies serving rural communities.
(g) Information collection.--To assist the commission in
determining the effectiveness of grant outcomes under the
program, the Administrative Office of Pennsylvania Courts shall
provide the commission with real-time data information on all
individuals charged with firearm offenses and their disposition
outcomes. The commission shall use the data received under this
subsection to provide a real-time analysis on grant recipient
outcomes on the commission's publicly accessible Internet
website.
(h) 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:
"Law enforcement agency." Shall have the same meaning as
provided under section 116-C(j).
"Program." The Gun Violence Investigation and Prosecution
Grant Program established under subsection (a).
Section 118-C. Violence Intervention and Prevention.
(a) Use of funds.--Money appropriated for COVID Relief -
ARPA - Violence Intervention and Prevention shall be used solely
to provide grants and technical assistance to community-based
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organizations, institutions of higher education, municipalities,
district attorneys and other entities in accordance with section
1306-B(b) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, and notwithstanding section
1306-B(h)(7) of the Public School Code of 1949 for programs
eligible under section 1306-B(j)(22) of the Public School Code
of 1949.
(b) (Reserved).
Section 4. The act is amended by adding sections to read:
Section 135-C. Whole-Home Repairs Program.
(a) Program established.--The department shall establish the
Whole-Home Repairs Program. In administering the Whole-Home
Repairs Program, the department shall coordinate with existing
Federal and State resources relating to home repairs. From money
appropriated for COVID Relief - ARPA - Whole Home Repairs
Program, the department shall award funds to no more than one
applicant per county. The department may develop and publish
guidelines to implement the Whole-Home Repairs Program. The
department and grantees may receive up to 4% each for
administrative costs to implement this subsection from money
appropriated for the Whole-Home Repairs Program. Nothing in this
subsection shall be construed to prohibit an applicant which
receives funds from the program under this section from
subgranting the funds to another entity approved by the
department to perform any of the purposes specified in
subsection (b), (c) or (d). An applicant which subgrants the
funds to another entity shall notify the department and the
department shall maintain a list of the applicants and
subgrantees contact information on its publicly accessible
Internet website.
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(b) Grants.--An applicant who receives funds from the Whole-
Home Repairs Program shall make grants available to homeowners
whose household income does not exceed 80% of the area median
income and shall make loans available to small landlords renting
affordable units and recorded against a residential property in
a mortgage security. A single grant to a homeowner or a single
loan to a small landlord may not exceed $50,000 per owner-
occupied or rental unit and may be used to address habitability
concerns, improve energy or water efficiency or to make units
accessible for individuals with disabilities.
(c) Loan forgiveness.--The following shall apply:
(1) A loan to a small landlord under paragraph (2) may
be forgiven if all of the following apply:
(i) The small landlord offered a three-year
extension of the lease to a tenant occupying a unit when
the funds were accepted by the small landlord.
(ii) Annual increases in monthly rent have not
exceeded 3% of the base rent or the unit has been
occupied by a tenant participating in the Housing Choice
Voucher Program for a period of no less than 15 years.
(iii) In the prior 15 years, the small landlord has
not committed a serious violation with regard to the
small landlord's rental property for which the small
landlord has taken no substantial steps to correct the
violation.
(iv) The small landlord has maintained ownership of
the unit for a period of no less than 15 years.
(2) The applicant shall recapture a loan not forgiven
under this paragraph.
(d) Use of funds.--An applicant who receives funds from the
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Whole-Home Repairs Program shall also use the funds to do all of
the following:
(1) Administer the program under this section, including
staff, implementing systems and data management tools
designed to maximize enrollment in all existing home repair
programs administered by nonprofit organizations,
governmental entities and public utilities.
(2) Invest in workforce development programs that will
connect trainees to jobs through committed employer
partnerships related to improving the habitability and
performance of homes, including cash stipends for trainees
and costs related to the design and implementation of pre-
apprenticeship, apprenticeship and publicly funded on-the-job
training programs.
(e) 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:
"Affordable unit." A unit where the rent is affordable to a
tenant at or below 60% of the area median income adjusted for
household size, as defined annually by the Pennsylvania Housing
Finance Agency's PennHOMES Program countywide limits.
"Applicant." A nonprofit or governmental entity that serves
one or more county.
"Department." The Department of Community and Economic
Development.
"Habitability concern." Home repairs that are required to
ensure that residential units are:
(1) fit for human habitation;
(2) free from defective conditions of health and safety
hazards, including asbestos, mold, pests and lead; or
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(3) free of conditions preventing the installation of
measures to improve energy or water efficiency and lower
utility costs.
"Small landlord." A person who meets all of the following
criteria:
(1) The person is a landlord.
(2) The person has an ownership stake in no more than
five properties and no more than 15 rental units.
(3) The person rents the properties or units under
paragraph (2) for use as a primary residence for a fee,
regardless of the length or form of lease.
Section 136-C. Arts and culture recovery grants.
(a) Use of funds.--From money appropriated for COVID Relief
- ARPA - Cultural and Museum Preservation Grant Program, the sum
of $15,000,000 shall be transferred to the Commonwealth
Financing Authority for the purpose of awarding grants to
nonprofit arts and culture organizations, local arts and culture
districts and arts and culture professionals located in this
Commonwealth to ensure the stability and recovery of the
Commonwealth's arts and culture sector from the COVID-19
pandemic. The authority shall issue guidelines to implement this
section, which, at a minimum, shall include the following:
(1) Eligibility requirements for grant awards to
nonprofit arts and culture organizations, local arts and
culture districts, professional artists and other individuals
or nonprofit entities which the authority determines meets
the intent of this program.
(2) Allowable use of grant funds, which shall include
reimbursement of revenue lost due to the COVID-19 pandemic,
funding for operating costs to maintain essential functions
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and recruit and retain core staff, costs related to
establishing new programs or marketing and any other use
which the authority determines meets the intent of this
program.
(3) Minimum and maximum grant amounts; provided that the
maximum grant award shall be $500,000 per applicant.
(b) (Reserved) .
Section 5. Section 141-C of the act is amended by adding a
subsection to read:
Section 141-C. Emergency education relief to nonpublic schools.
* * *
(a.1) Reallocation.--From money appropriated for Emergency
Education Relief to Nonpublic Schools in 2020-2021, $1,400,000
shall be reallocated to the amount appropriated for COVID Relief
GEER during the 2020-2021 fiscal year. The funding shall only be
used in accordance with Federal regulations and this section to
support nonpublic schools.
* * *
Section 6. Section 145-C(a) of the act is amended by adding
paragraphs to read:
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:
* * *
(6) Nonpublic schools that qualify for a grant under
paragraph (1) may choose any educational service provider
provided through an intermediate unit that is administering
the program under this section, in accordance with Federal
law and guidance.
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(7) No later than February 14, 2023, each intermediate
unit that is administering the program under this section
shall report to each nonpublic school for which it
administers a grant award of the amount of money that remains
unexpended and shall make a report to the Department of
Education of the total amount of money that remains
unexpended for all nonpublic schools for which it administers
grants.
* * *
Section 7. Section 146-C of the act, amended or added June
30, 2021 (P.L.62, No.24), is amended to read:
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.
(4) Any money to be distributed under this section which
remains unexpended, uncommitted or unencumbered as of the
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effective date of this paragraph, may be distributed at the
discretion of the State Librarian.
(b) (Reserved).
Section 8. The act is amended by adding sections to read:
Section 151-C. Biotechnology research.
(a) Use of funds.--From funds appropriated for COVID Relief
- ARPA - Biotechnology Research, the Department of Health shall
award grants to support any of the following Statewide
priorities:
(1) Attract, grow and expand biotechnology,
pharmaceutical, life science or health research and
development capacity located in this Commonwealth, including
partnerships between industry and institutions of higher
education.
(2) Increase biotechnology, pharmaceutical, life science
or health manufacturing capacity located in this
Commonwealth.
(3) Promote the growth or development of new and
innovative technologies from biotechnology, life science,
pharmaceutical and health fields.
(4) Support the commercialization of research in
biotechnology, pharmaceutical, life science or health fields,
including research developed or conducted in this
Commonwealth.
(b) Guidelines.--The Department of Health shall issue
guidelines to implement this section.
Section 161-C. Use of money.
(a) Uses.--The following shall apply:
(1) Subject to paragraph (2), from money appropriated
for COVID Relief - ARPA - Long-Term Living Programs,
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$250,000,000 shall be used for the following purposes:
(i) The sum of $131,157,000 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,
$104,926,000 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 2021 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 2021 as
reported under Article VIII-A of the Human
Services Code.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $104,926,000.
(B) Of the amount under this subparagraph,
$26,231,000 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 number of the facility's
licensed beds as of July 1, 2022; by
(b) the total licensed beds of all
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nonpublic and county nursing facilities as of
July 1, 2022.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $26,231,000.
(ii) The sum of $74,946,000 for the purpose of
making payments for personal assistance services provided
by home health care agencies, home care agencies and
direct care workers employed through the participant-
directed employer model. Each home health care provider,
home care provider or direct care worker employed through
the participant-directed employer model shall receive a
one-time payment, which shall be determined as follows:
(A) Of the amount under this subparagraph,
$59,957,000 shall be distributed as a one-time
payment to a home health care provider or home care
provider, which shall be determined as follows:
(I) Divide:
(a) the provider's number of medical
assistance 15-minute units, excluding
overtime, invoiced in the third quarter of
calendar year 2021; by
(b) the total medical assistance 15-
minute units for all home health care
providers and home care providers, excluding
overtime, invoiced in the third quarter of
calendar year 2021.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $59,957,000.
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(B) Of the amount under this subparagraph,
$14,989,000 shall be distributed as a one-time
payment to each direct care worker employed through
the participant-directed employer model who provides
personal assistance services, which shall be
determined as follows:
(I) Divide:
(a) the number of personal assistance
15-minute units provided by a direct care
worker employed through the participant-
directed employer model, excluding overtime,
invoiced in the third quarter of calendar
year 2021; by
(b) all personal assistance 15-minute
units provided by all direct care workers
employed through the participant-directed
employer model, excluding overtime, invoiced
in the third quarter of calendar year 2021.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $14,989,000.
(iii) The sum of $26,767,000 for the purpose of
making payments to assisted living residences and
personal care homes, which shall be allocated as follows:
(A) Of the amount under this subparagraph,
$24,090,000 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:
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(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
July 1, 2022; 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 July 1, 2022.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $24,090,000.
(B) Of the amount under this subparagraph,
$2,677,000 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 2022; by
(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 2022.
(II) Multiply:
(a) the quotient under subclause (I); by
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(b) $2,677,000.
(iv) The sum of $6,959,000 for the purpose of making
payments for adult day care services as a one-time
payment to each adult day care services provider, which
shall be determined as follows:
(A) Divide:
(I) the adult day care services provider's
total medical assistance fee-for-service and
Community HealthChoices payments for the third
quarter of calendar year 2021; by
(II) the sum of all adult day care services
providers' medical assistance fee-for-service and
Community HealthChoices payments for the third
quarter of calendar year 2021.
(B) Multiply:
(I) the quotient under clause (A); by
(II) $6,959,000.
(v) The sum of $535,000 for the purpose of making
payments for residential habilitation services as a one-
time payment to each provider, which shall be determined
as follows:
(A) Divide:
(I) the residential habilitation services
provider's total medical assistance fee-for-
service and Community HealthChoices payments for
the third quarter of calendar year 2021; by
(II) the total sum of all residential
habilitation medical assistance fee-for-service
and Community HealthChoices payments for the
third quarter of calendar year 2021.
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(B) Multiply:
(I) the quotient under clause (A); by
(II) $535,000.
(vi) The following shall apply:
(A) The sum of $4,283,000 for the purpose of
making payments for eligible Medicaid ventilator or
tracheostomy qualified medical assistance nonpublic
and county nursing facilities. A nonpublic or county
nursing facility shall qualify for payment if a
payment under section 443.1(7)(vii) of the Human
Services Code was made for the quarter ending March
31, 2022.
(B) The amount appropriated under this
subparagraph shall be distributed as a one-time
payment to each qualified medical assistance
nonpublic and county nursing facility, determined as
follows:
(I) Divide:
(a) the facility's payment amount
received under section 443.1(7)(vii) of the
Human Services Code for quarter ending March
31, 2022; by
(b) the sum of all payment amounts
received under section 443.1(7)(vii) of the
Human Services Code for the quarter ending
March 31, 2022.
(II) Multiply:
(a) the quotient under subclause (I); by
(b) $4,283,000.
(vii) The following shall apply:
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(A) The sum of $5,353,000 shall be used for
making payments to organizations that have entered
into an agreement with the Department of Human
Services to operate a Life Program, as defined under
section 602 of the Human Services Code, in a
specified county or set of counties, as determined by
the department. Each organization shall receive a
one-time payment, which shall be determined as
follows:
(I) Divide:
(a) the organization's total amount
reimbursed for long-term care - managed care
for the third quarter of calendar year 2021;
by
(b) the total amount reimbursed for
long-term care - managed care for the third
quarter of calendar year 2021.
(II) Multiply:
(a) the quotient under subclause (i); by
(b) $5,353,000.
(B) (Reserved).
(2) The following shall apply to an eligible person or
entity receiving a payment under paragraph (1):
(i) An eligible person or entity receiving a payment
under this section must be in operation as of July 1,
2022.
(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
the purpose of an audit review.
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(iii) A payment received may not otherwise be
reimbursed by a Federal, State or other source of
funding.
(3) From money appropriated for COVID Relief - ARPA -
Low-Income Home Energy Assistance Program, the entire amount
shall only be expended if:
(i) all other money received from the Federal
government for the LIHEAP Program, less any amounts
allowed to be carried over to the following fiscal year
under Federal law, are expended or committed; and
(ii) the Secretary of the Budget notifies 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 and the State Treasurer
that all State and non-American Rescue Plan Act Federal
funds have been expended or committed.
(b) (Reserved).
Section 162-C. Child Care Stabilization Program.
(a) Child Care Stabilization Program.--The Child Care
Stabilization Program is established within the department for
the purpose of making retention and recruitment payments to
qualified staff in accordance with this article, which shall be
distributed as one-time payments to each child-care provider who
applies and qualifies.
(b) Use of money.--From money appropriated for COVID Relief
- ARPA - Child Care Stabilization to the department, the entire
amount shall be used for making payments under the program under
this section.
(c) Applications.--The department shall develop an
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application for qualified child-care providers to apply for
program funding under this section. At the discretion of the
department, but no later than January 1, 2023, the department
shall begin accepting applications. The application shall be
made available and posted on the department's publicly
accessible Internet website. The department shall accept and
process applications on a rolling basis until either funding for
the program under this section has been exhausted or the Federal
deadline for the use of the American Rescue Plan Act of 2021,
whichever occurs first.
(d) Department decision.--The department shall approve or
deny an application received under subsection (c) no later than
30 days after receipt of the application.
(e) Conditions.--The following apply to payments received
under this section:
(1) Payment received from the department under this
section may not supplant existing staff wages and may not
otherwise be reimbursed by Federal or State funding.
(2) A qualified staff member may only receive one
payment for retention or recruitment under this section.
(3) Payment to a qualified staff member under this
section may not exceed $2,500.
(4) A qualified child-care provider receiving a payment
from the department under this section must be in operation
as of June 30, 2022, and must maintain operations until at
least December 31, 2022.
(5) A qualified child-care provider receiving a payment
from the department under this section shall spend the money
by the following deadlines:
(i) Staff retention payments under this section
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shall be made within 90 days of receipt of payment.
(ii) Staff recruitment payments under this section
shall be made within 180 days of receipt of payment.
(6) A qualified child-care provider receiving a payment
from the department under this section shall submit a report,
in a form and manner as prescribed by the department, as
follows:
(i) A qualified child-care provider receiving a
payment from the department under this section shall
submit a report to the department by:
(A) June 30, 2023, regarding staff retention
payments; or
(B) September 30, 2023, regarding staff
recruitment payments.
(ii) (Reserved).
(7) The department may recover a payment from a
qualified child-care provider that receives payment from the
department under this section if the entity does not comply
with the provisions of this section or with Federal or State
law or guidance. A qualified child-care provider that
receives a payment from the department under this section
shall provide documents, records and other information
related to a payment made under this section in the time,
manner and format requested by either the department or by
any other Federal or Commonwealth agency that is authorized
to audit the payments.
(f) Report.--Within 90 days of the reporting deadlines under
subsection (e), the department shall issue a report to the
chairperson and minority chairperson of the Appropriations
Committee of the Senate and the chairperson and minority
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chairperson of the Appropriations Committee of the House of
Representatives regarding the aggregate staff retention and
staff recruitment payment information received under subsection
(e). The report shall be posted to the department's publicly
accessible Internet website. The publicly available report may
not include any proprietary recruitment and retention plan
information.
(g) 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:
"Department." The Department of Human Services of the
Commonwealth.
"Qualified child-care provider." Either of the following:
(1) Child-care provider certified under 55 Pa. Code Chs.
3270 (relating to child day care centers), 3280 (relating to
group child day care homes) unless those providers are under
investigation of fraud, refuse to renew or revocation or 3290
(relating to family child care homes) unless those providers
are under investigation of fraud, refuse to renew or
revocation.
(2) A relative provider unless directly engaged in child
care supervision activities exempt from certification under
55 Pa. Code Chs. 3270, 3280 and 3290.
"Qualified staff." An employee of a qualified child-care
provider who is involved in direct supervision of children or
environmental services. The term shall not include executives,
contracted staff, administrators and administrative support
staff or owners of child-care provider.
Section 163-C. Behavioral Health Commission for Adult Mental
Health.
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(a) Commission.--The Behavioral Health Commission for Adult
Mental Health is established in the Department of Human
Services.
(b) Composition.--The commission shall consist of the
following members:
(1) The Secretary of Human Services or a designee.
(2) The Insurance Commissioner or a designee.
(3) The Secretary of Drug and Alcohol Programs or a
designee.
(4) The Secretary of Health or a designee.
(5) A representative of the Pennsylvania Commission on
Crime and Delinquency.
(6) An individual appointed by the President pro tempore
of the Senate.
(7) An individual appointed by the Minority Leader of
the Senate.
(8) An individual appointed by the Speaker of the House
of Representatives.
(9) An individual appointed by the Minority Leader of
the House of Representatives.
(10) The following members appointed by the Governor:
(i) Two active members of the Mental Health Planning
Council.
(ii) Two current or former behavioral health
consumers or family members with lived experience of
navigating diagnosis, treatment and recovery.
(iii) An individual from a list of recommendations
compiled by the Pennsylvania Association of County
Administrators of Mental Health and Developmental
Services with experience in county provision of mental
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health services to the uninsured and underinsured.
(iv) Two representatives of behavioral health
managed care organizations, one of whom must provide
services in a rural county and one of whom must provide
services in an urban county.
(v) An individual from a list of recommendations
compiled by the Hospital and Healthsystem Association of
Pennsylvania.
(vi) An individual member of local law enforcement
who is certified in crisis intervention teams and an
active member of a mental health crisis intervention team
with experience working in crisis response from a list of
recommendations compiled by the Pennsylvania Chiefs of
Police Association.
(vii) A psychologist who specializes in mental,
social and emotional development from a list of
recommendations compiled by the Pennsylvania
Psychological Association.
(viii) A licensed clinical social worker from a list
of recommendations compiled by the Pennsylvania Chapter
of the National Association of Social Workers.
(ix) An individual who is a subject matter expert in
evidenced-based trauma-informed treatment modalities and
trauma-informed approaches.
(x) An individual who specializes in culturally
competent behavioral health care.
(xi) A recognized subject matter expert in the
treatment of co-occurring mental health and substance use
disorders from a list of recommendations compiled by the
Rehabilitation and Community Providers Association with
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experience in behavioral health matters.
(xii) A recognized subject matter expert in
behavioral health from a list of recommendations compiled
by the Pennsylvania Association of Community Health
Centers.
(c) Chairperson.--The chairperson of the commission shall be
selected by the Governor from among the members of the
commission.
(d) Vice chairperson.--A vice chairperson shall be
designated by the chairperson of the commission from among the
members of the commission to preside at meetings in the absence
of the chairperson.
(e) (Reserved).
(f) Quorum.--A majority of the members of the commission
shall constitute a quorum and a quorum shall be required for all
actions.
(g) Actions.--A vote of the majority of the members of the
commission present shall be sufficient for all actions taken by
the commission. Members may participate in a meeting by means of
conference telephone or other electronic technology by means of
which all persons participating in the meeting can hear each
other. Participation in a meeting pursuant to this subsection
shall constitute presence at the meeting.
(h) Meetings.--The following shall apply:
(1) The commission shall hold its first meeting no later
than 60 days from the effective date of this subsection.
(2) The commission shall convene no less than two
meetings with county mental health administrations to review
the provision of behavioral health care and identify
recommendations for improvements in coordination of care. The
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commission shall hold at least one meeting with
representatives from a rural county mental health
administration and related entities and at least one meeting
with representatives from a mental health administration from
either an urban or suburban county and related entities.
(3) As used in this subsection, "related entities"
includes, but is not limited to, county commissioners,
managed care organizations, behavioral health managed care
organizations, single county authorities, hospitals, law
enforcement, district attorneys, county child welfare
agencies and county jails.
(i) Cooperation.--The Department of Human Services shall
cooperate with the commission to assist the commission in
carrying out its duties.
(j) Report.--The commission shall issue a report on its
recommendations for the allocation of funding for the following:
(1) Delivery of services by telemedicine.
(2) Behavioral health rates, network adequacy and mental
health payment parity.
(3) Workforce development and retention.
(4) Expansion of certified peer support specialist
services and peer-run services.
(5) The development and provision of crisis services.
(6) The integration of behavioral health and substance
use disorder treatment.
(7) Cultural competencies when providing behavioral
health care.
(8) The impact of social determinants of health on
behavioral health.
(9) The intersection of behavioral health and the
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criminal justice system.
(10) Establishing an integrated care model that can
deliver timely psychiatric care in a primary care setting.
(k) Recipients.--The report under subjection (j) shall be
made available on the Department of Human Services' publicly
accessible Internet website and shall be issued to the
following:
(1) The Governor.
(2) The Secretary of Human Services.
(3) The Secretary of the Budget.
(4) The President pro tempore of the Senate.
(5) The Majority Leader of the Senate.
(6) The Minority Leader of the Senate.
(7) The Speaker of the House of Representatives.
(8) The Majority Leader of the House of Representatives.
(9) The Minority Leader of the House of Representatives.
(10) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(11) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(12) The chairperson and minority chairperson of the
Health and Human Services Committee of the Senate.
(13) The chairperson and minority chairperson of the
Health Committee of the House of Representatives.
(14) The chairperson and minority chairperson of the
Human Services Committee of the House of Representatives.
(l) Termination.--The Behavioral Health Commission for Adult
Mental Health shall terminate upon the issuance of the report
under subsection (j).
Section 9. Article I-C of the act is amended by adding a
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subarticle to read:
SUBARTICLE I.1
DEPARTMENT OF REVENUE
Section 185-C. Property tax rent rebate.
(a) Use of money.--Amounts appropriated for COVID Relief -
ARPA - Property Tax Rent Rebate shall be transferred to the
State Lottery Fund and shall be used in accordance with this
section.
(b) Additional amount.--A claimant under section 704 and
Chapter 13 of the act of June 27, 2006 (1st Sp.Sess., P.L.1873,
No.1), known as the Taxpayer Relief Act, shall receive an
additional amount of property tax rebate or rent rebate in lieu
of property taxes. The amount of property tax rebate or rent
rebate in lieu of property taxes under this subsection shall be
equal to 70% of the claimant's property tax rebate or rent
rebate in lieu of property taxes under section 704 and Chapter
13 of the Taxpayer Relief Act for calendar year 2021.
(c) Manner of payment to claimant.--The amount due to a
claimant under subsection (b) shall be paid to the claimant in
the same manner as amounts due to a claimant under section 704
and Chapter 13 of the Taxpayer Relief Act for calendar year
2021.
(d) Coordination of payment.--No later than August 31, 2022,
the Department of Revenue shall begin making payments due to a
claimant under subsection (b) at the same time as amounts due to
the claimant under section 704 and Chapter 13 of the Taxpayer
Relief Act for calendar year 2021 are made.
(e) Application.--No additional application shall be
necessary for a claimant to receive the additional amount of
property tax rebate or rent rebate in lieu of property taxes
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under this subsection.
Section 10. The act is amended by adding sections to read:
Section 192.1-C. State university assistance for fiscal year
2022-2023.
(a) Program.--Money appropriated for COVID Relief - ARPA -
State System of Higher Education to the State System of Higher
Education shall be paid to the State universities for the 2022-
2023 fiscal year as provided in this section.
(b) Determination of payments.--Payments made to each State
university for the 2022-2023 fiscal year shall be determined as
follows:
(1) The Board of Governors of the State System of Higher
Education in consultation with the Chancellor of the State
System of Higher Education shall make payments in the
aggregate amount of $34,294,978 to the integrated
universities.
(2) The amount of $7,371,688 shall be paid to Cheyney
University, to be directed by the president of the
university, in consultation with the university's council of
trustees.
(3) An amount determined for each State university, to
be directed by the president of the university, in
consultation with the university's council of trustees, that
does not receive payment under paragraph (1) or (2) as
follows:
(i) Multiply the average of the 2020 and 2021 fall
full-time equivalent enrollment for the State university
by $83,333,334.
(ii) Divide the product under subparagraph (i) by
the average of the 2020 and 2021 fall full-time
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equivalent enrollment for all State universities eligible
to receive payments under this paragraph.
(c) Payment deadline.--Payments made under this section
shall be made no later than August 1, 2022.
(d) Reports.--The Chancellor of the State System of Higher
Education shall issue an interim report by December 31, 2022,
and a final report by July 15, 2023, 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
post the reports on the State System of Higher Education's
publicly accessible Internet website. The reports shall include
the following information:
(1) The 2020 and 2021 fall full-time equivalent
enrollment for each State university.
(2) The 2020 and 2021 fall full-time equivalent
enrollment for all State universities.
(3) The payment made to each State university under this
section.
(4) The total payments made to all State universities
under this section.
(5) A description of the use by the State university of
the payment.
(e) 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:
"Commonwealth University of Pennsylvania." The institution
consisting of Bloomsburg University of Pennsylvania, Lock Haven
University of Pennsylvania and Mansfield University
Pennsylvania, as consolidated under section 2002-A of the act of
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March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949.
"Fall Full-Time Equivalent Enrollment." The total credit
hours reported for the fall semester divided by 15 for
undergraduate students and 12 for graduate students, with clock-
hour enrollment converted to credit hours based upon national
standards.
"Integrated university." The term includes:
(1) Commonwealth University of Pennsylvania.
(2) Pennsylvania Western University.
"Pennsylvania Western University." The institution
consisting of California University of Pennsylvania, Clarion
University of Pennsylvania and Edinboro University of
Pennsylvania, as consolidated under section 2002-A of the Public
School Code of 1949.
"State university." An institution which is part of the
State System of Higher Education under Article XX-A of the
Public School Code of 1949.
Section 195-C. Development Cost Relief Program.
(a) Establishment.--The Development Cost Relief Program is
established in the agency to support the production of
developments by addressing financial deficiencies attributable
to the effects of the COVID-19 pandemic and other economic
factors. Money appropriated for COVID Relief - ARPA -
Development Cost Relief Program shall be used for the purposes
of this section.
(b) Eligibility.--A development which meets all of the
following criteria shall be eligible for an award under this
section:
(1) Has applied for, or has received a conditional or
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full allocation from the agency of, low-income housing tax
credits under section 42 of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. ยง 42) during the 2019, 2020,
2021, 2022 or 2023 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 cost increases, or a loss in equity
investment, as the result of conditions arising from or
related to the effects of the COVID-19 pandemic, which in the
judgment of the agency necessitates the provision of
additional funding to complete the development.
(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 funding should
be awarded, while ensuring that the development remains in
compliance with the low-income housing tax credit program.
(d) Determination.--A determination shall be made in
accordance with the following:
(1) Upon a determination of eligibility for money
allocated under this section, 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 provided for the program under this
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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. Projects which have
received or have been approved by the agency for construction
cost relief funding under section 194-C may receive additional
funding under the Development Cost Relief Program.
(f) Additional amounts.--In addition to any amounts
appropriated for the program under this section, any amounts
which have not been awarded by the agency under section 194-C
shall be available for award under this section.
(g) 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 multifamily rental development.
Section 196-C. Housing Options Grant Program.
(a) Establishment.--The agency shall establish a grant
program to be known as the Housing Options Grant Program.
(b) Purpose.--The program shall make grants available from
amounts appropriated for COVID Relief - ARPA - Affordable
Housing Construction for the development of affordable housing
units, including, but not limited to, building new units,
rehabbing existing properties to make them affordable housing
units or preserving existing affordable units.
(c) Duties.--The agency shall make grants available to
developers or nonprofit organizations consistent with the
purposes of this section.
(d) Requirements.--A grant shall be made to a developer or a
nonprofit organization for a project that meets the requirements
for an award under the Federal Low Income Housing Tax Credit. To
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be eligible for a grant under this section, a developer or
nonprofit organization must agree to provide matching funds of
at least 25% of the grant amount to be awarded for the
development. All grants shall be awarded no later than December
31, 2024.
(e) Diversity.--The agency shall ensure that the grants are
geographically diverse across the Commonwealth.
(f) Reporting.--No later than June 30, 2023, and each June
30 thereafter, the agency shall report to the Governor and the
General Assembly and post on the agency's publicly accessible
Internet website:
(1) The number of grants awarded to a developer and
nonprofit organization.
(2) The county in which each grant is awarded.
(3) The total number of applications received in the
previous fiscal year and the amount of funds request.
(4) Any other information the agency deems necessary.
(g) 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.
"Program." The Housing Options Grant Program established
under subsection (a).
Section 11. Article I-C of the act is amended by adding a
subarticle to read:
SUBARTICLE N
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Section 198-C. State Parks and Outdoor Recreation Program.
(a) Establishment.--The State Parks and Outdoor Recreation
Program is established in the department to support the
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rehabilitation, repair and development of park and forest areas
within this Commonwealth. Money appropriated to the department
for COVID Relief - ARPA - State Parks and Outdoor Recreation
Program shall be used to make awards for the program.
(b) Eligibility.--A project shall be eligible for an award
under the program if:
(1) One of the following:
(i) The project rehabilitates, repairs or develops a
State park, State forest land or the facilities of a
State park or State forest land.
(ii) The award will be used for the acquisition of
lands for a State park or State forest.
(2) The project is to plan, educate the public of,
acquire, develop, rehabilitate or repair:
(i) Greenways.
(ii) Recreational trails, including connections
between trails.
(iii) Open space, natural areas, river corridors and
access to riverfronts.
(iv) Watersheds.
(v) Community parks and recreations facilities.
(vi) Community conservation and beautification
projects.
(vii) Heritage areas and other conservation and
recreations.
(c) Allocation.--
(1) From money appropriated for the program, 75% shall
be used by the department for projects that meet the
requirements of subsection (b)(1).
(2) From money appropriated for the program, 25% shall
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be used by the department to provide grants to eligible
entities for projects that meet the requirements of
subsection (b)(2).
(d) Application.--The department shall make available to an
eligible entity an application that requires information as
determined necessary by the department to verify the need for
the project and to determine the extent to which the awards
shall be awarded.
(e) Award amounts.--Awards made to eligible entities for
projects that meet the requirements of subsection (b)(2) shall
not be less than $50,000, and shall not be more than $5,000,000.
(f) Determination.--Upon a determination of eligibility for
an award, the department shall provide the eligible entity with
a letter of commitment indicating the conditional amount of the
award.
(g) Matching funds.--The department may require matching
funds for awards for eligible entities for projects awarded
under subsection (b)(2).
(h) Report.--After the awarding of grants, the department
shall provide a 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 Environmental Resources and Energy
Committee of the Senate and the chairperson and minority
chairperson of the Environmental Resources and Energy Committee
of the House of Representatives that includes the following
information:
(1) The total number of projects receiving awards.
(2) A list of eligible entities that received awards.
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(3) The amount received by an eligible entity for each
project.
(i) 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:
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Eligible entity." A county, municipality, council of
governments, conservation district or authorized organization.
"Program." The State Parks and Outdoor Recreation Program
under this section.
Section 12. Sections 105-D(b) and 103-E(7) of the act,
amended or added June 30, 2021 (P.L.62, No.24), are amended to
read:
Section 105-D. Reallocation of grants.
* * *
(b) Time.--If the department determines that excess funds
will remain on 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, the department may recoup and reallocate excess funding
to other counties that have demonstrated a funding shortfall[.]
and the ability to spend additional funds within a timeframe to
be determined by the department. Any excess funding shall be
reallocated by the department [according to the reallocation
methodology under section 103-D(a)(7).] in a manner to ensure
that funds are spent by the Federal deadline for the use of
funds.
* * *
Section 103-E. Department.
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The department shall have the power and duty to:
* * *
(7) [Recoup and reallocate unobligated grant funds as
identified by the county, a county agency or a contracted
entity.] If the department determines that excess funds will
remain on September 30, 2025, or as of any updated Federal
deadline for the use of grant funds for emergency rental
assistance under the American Rescue Plan, the department may
recoup and reallocate excess funds to other counties that
have demonstrated a funding shortfall and the ability to
spend additional funds within a timeframe to be determined by
the department. Any excess funding shall be recouped and
reallocated by the department as needed in a manner to ensure
that funds are spent by the Federal deadline for the use of
funds.
* * *
Section 13. The act is amended by adding a section to read:
Section 301.5. Commonwealth Payment Security.-- (a) To
ensure the secure disbursement of public funds under the
custodial control of the State Treasurer on behalf of any
Commonwealth department, agency, board or commission of the
executive branch, the Treasury Department shall select and
require the implementation and maintenance of electronic payment
security standards, measures and procedures that, in the opinion
of the State Treasurer, are consistent with national financial
industry standards for the electronic movement of funds and
necessary to detect and prevent the fraudulent expenditure of
public funds and reduce administrative costs and financial
losses associated with invalid or improper fund disbursements.
(b) The electronic payment security standards, measures and
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procedures required under subsection (a) shall be designed to
confirm and verify the existence, status, standing, maturity and
signatory authority of the banking account, authenticate account
ownership and control and accurately identify the identity of
intended payment counterparties, prior to the initiation and
completion of a payment to the account or against the account.
(c) Each Commonwealth department, agency, board or
commission of the executive branch for which the Treasury
Department makes payment disbursements shall cooperate and
assist in the implementation of this section. The departments,
agencies, boards and commissions for which the Office of the
Budget provides comptroller services shall work with the Office
of the Budget to implement this section.
(d) The following shall apply:
(1) Within ninety days of the effective date of this
section, the State Treasurer shall provide the Commonwealth
departments, agencies, boards and commissions of the executive
branch for which Treasury Department makes payment disbursements
with a list of vendors that the Treasury Department has
qualified to provide the payment security services under
subsection (a).
(2) Within eighteen months of the effective date of this
section, the Commonwealth departments, agencies, boards or
commissions of the executive branch for which the Treasury
Department makes payment disbursements shall implement
subsection (a) by procuring electronic payment security services
in accordance with 62 Pa.C.S. (relating to procurement) from the
list of vendors provided by the State Treasurer under paragraph
(1).
(3) The State Treasurer shall update the list of qualified
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vendors required by paragraph (1) every two years. The
Commonwealth departments, agencies, boards and commissions of
the executive branch for which the Treasury Department makes
payment disbursements shall procure electronic payment security
services from the updated list of qualified vendors upon the
expiration of their contracts for the services in accordance
with 62 Pa.C.S.
Section 14. Section 1601.2-E(e) of the act, amended June 30,
2021 (P.L.62, No.24), is amended to read:
Section 1601.2-E. Oil and Gas Lease Fund.
* * *
(e) Annual transfers.--The following apply:
(1) (i) Except as provided under subparagraph (ii), for
the 2017-2018 fiscal year and each fiscal year
thereafter, $20,000,000 shall be transferred from the
fund to the Marcellus Legacy Fund for distribution to the
Environmental Stewardship Fund.
(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 [and], 2021-2022 and 2022-2023 fiscal year.
(2) For the 2017-2018 fiscal year and each fiscal year
thereafter, $15,000,000 shall be transferred from the fund to
the Marcellus Legacy Fund for distribution to the Hazardous
Sites Cleanup Fund.
Section 15. Section 1606-M of the act is amended to read:
Section 1606-M. Transportation network company extension.
Notwithstanding 53 Pa.C.S. ยง 57A22(1) (relating to
assessment), the provisions of 53 Pa.C.S. ยง 57A22 shall not
expire until December 31, [2022] 2027.
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Section 16. The act is amended by adding articles to read:
Article XVI-R
Agriculture Conservation Assistance Program
Section 1601-R. 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:
"Agricultural erosion and sediment control plan." A site-
specific plan identifying BMPs to minimize accelerated erosion
and sedimentation from agricultural runoff required by 25 Pa.
Code Ch. 102 (relating to erosion and sediment control).
"Agricultural operation." The management and use of farming
resources for production of crops, livestock or poultry.
"Agriculturally impaired stream miles." Stream miles that
are designated impaired due to the identified source being
agriculture as defined by the most recent Pennsylvania
Integrated Water Quality Monitoring and Assessment Report by the
Department of Environmental Protection.
"Animal concentration areas." The following:
(1) Barnyards, feedlots, loafing areas, exercise lots or
other similar animal confinement areas that will not maintain
a growing crop or where deposited manure nitrogen is in
excess of crop needs.
(2) The term does not include:
(i) Areas managed as pastures or other cropland.
(ii) Pasture access ways, if they do not cause
direct flow of nutrients to surface water or groundwater.
"Best management practice" or "BMP." A practice or
combination of practices determined by the commission or United
States Department of Agriculture Natural Resources Conservation
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Service to be effective and practical, considering
technological, economic and institutional factors, to manage
nutrients and sediment to protect surface water and groundwater.
"Commission." The State Conservation Commission.
"Conservation district." A county conservation district
established under the act of May 15, 1945 (P.L.547, No.217),
known as the Conservation District Law.
"Conservation plan." A United States Department of
Agriculture Natural Resources Conservation Service Plan,
including a schedule for implementation, that identifies site
specific conservation best management practices on an
agricultural operation.
"Cropland acres." The acres of land used to produce adapted
crops for harvest, which includes both cultivated and
noncultivated crops and areas managed for forage production that
are harvested by livestock, or a combination of livestock and
mechanical harvesting.
"Eligible applicant." Any person or other legal entity that
has legal or financial responsibility for one of the following:
(1) an the agricultural operation in which they are
engaged; or
(2) property on which an agricultural operation takes
place.
"Erosion." The natural process by which the surface of the
land is worn away by water, wind or chemical action.
"Livestock." Animals raised, stabled, fed or maintained on
an agricultural operation with the purpose of generating income
or providing work, recreation or transportation. The term does
not include aquatic species.
"Manure management plan." A plan developed and implemented
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in accordance with 25 Pa. Code Ch. 91 (relating to general
provisions).
"Nutrient." A substance or recognized plant nutrient,
element or compound which is used or sold for its plant
nutritive content or its claimed nutritive value. The term
includes, but is not limited to, livestock and poultry manures,
compost as fertilizer, commercially manufactured chemical
fertilizers, biosolids or combinations thereof.
"Nutrient management plan." A written site-specific plan
which incorporates BMPs to manage the use of plant nutrients for
crop production and water quality protection consistent with the
criteria established in 3 Pa.C.S. ยงยง 504 (relating to powers and
duties of commission) and 506 (relating to nutrient management
plans).
"Poultry." Birds raised, fed or maintained on an
agricultural operation with the purpose of generating income.
"Program." The Agriculture Conservation Assistance Program
established under this article.
"Sediment." Soils or other erodible materials transported by
storm water as a product of erosion.
"Surface waters." Perennial and intermittent streams,
rivers, lakes, reservoirs, ponds, wetlands, springs, natural
seeps and estuaries. The term does not include water at
facilities approved for wastewater treatment, such as wastewater
treatment impoundments, cooling water ponds and constructed
wetlands used as part of a wastewater treatment process.
"Technical assistance." Advice, technical expertise,
information, training and tools provided to a landowner,
commission, conservation district or others regarding program
implementation, including, but not limited to, the proper
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planning, design and installation of best management practices.
"Watershed implementation plan." A plan created to achieve
water quality improvement goals within a watershed of this
Commonwealth, including, but not limited to, Chesapeake Bay
Watershed implementation plans, county action plans or other
watershed-based restoration and implementation plans.
Section 1602-R. Establishment.
The Agriculture Conservation Assistance Program is
established in the commission.
Section 1603-R. Sources of funding.
Funding for the program may be provided through any of the
following:
(1) Money appropriated for purposes of the program.
(2) Amounts made available from the Clean Streams Fund
under section 1712-A.2(c)(1).
(3) Federal money appropriated or authorized for
purposes of the program.
(4) Money received from another governmental agency
through an interagency agreement or memorandum of
understanding.
(5) A gift or other contribution from a public or
private source.
(6) Return on money dedicated for the program, including
interest on loans, investment interest or refunds.
Section 1604-R. Powers, duties and administration.
(a) Administration.--The commission may dedicate up to 4% of
the funds allocated under section 1603-R for expenses incurred
in administration of the program. Up to 4% of the funds provided
under section 1603-R may be committed by the commission to
compensate the entities performing the administrative tasks and
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activities under subsection (c).
(b) Powers and duties of commission.--The commission shall:
(1) Adopt guidelines and criteria for:
(i) Administration and oversight of the program.
(ii) Best management practices to be implemented and
receive funding under the program.
(2) Provide a system of program evaluation and quality
control.
(3) Develop a training, education and technical
assistance program for technicians, engineers and other
individuals performing work under the program.
(4) Designate or adopt a system for collecting and
reporting of collected data on funded practices to
governmental agencies, in a manner consistent with criteria
established under Federal and State laws.
(c) Delegation of powers and duties.--In performance of its
powers and duties, the commission may delegate to conservation
districts, The Pennsylvania State University, or other entity
determined appropriate by the commission, certain duties and
responsibilities necessary to carry out the program.
(d) Apportionment criteria.--The commission shall apportion
the funds under section 1603-R to participating conservation
districts based on written apportionment criteria developed by
the commission to establish priorities based on preventing
nutrient and sediment pollution. The following shall apply:
(1) The apportionment criteria shall consider:
(i) Agriculturally impaired stream miles.
(ii) The number of cropland acres.
(iii) The number of farms.
(iv) The number of livestock and poultry.
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(v) Other criteria as established by the commission.
(2) Any apportioned funds that are not used in any
fiscal year may roll over for the following fiscal year. Any
unused apportioned funds after two years shall be
reapportioned to participating conservation districts in the
following year, consistent with the apportionment criteria
prescribed under paragraph (1).
(e) Powers and duties of participating conservation
districts.--The following shall apply:
(1) Each conservation district participating in the
program shall manage and administer funds apportioned by the
commission in a manner consistent with this article and the
guidelines established by the commission. Each participating
conservation district shall enter into an agreement with the
commission to establish the administrative responsibilities
and activities to be performed by the conservation district.
(2) Funds apportioned to a participating conservation
district shall be used for:
(i) Approving and providing financial assistance to
an eligible applicant to install and implement BMPs,
consistent with the criteria for approval of projects
provided under subsection (h).
(ii) Costs for technical training and education and
technical assistance in administration of projects
approved by the conservation district, including
technical assistance provided by the Pennsylvania Fish
and Boat Commission and third parties in accordance with
the provisions of subsection (b)(3).
(iii) Establishment of procedures for submission and
approval of applications for financial assistance for
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BMPs that minimize, to the extent feasible, procedural
tasks and obligations for applicants.
(iv) Adoption of written criteria for ranking of
applications for financial assistance and determination
of proposed projects to be given priority.
(v) Entering into written agreements with recipients
of approved funding.
(vi) Administration and procedures to ensure
recipients of financial assistance timely complete
projects in a manner that meets established design and
construction standards.
(vii) Adoption of procedures to ensure that
recipients of the approved funding will fully comply with
requirements for future maintenance activities
established under the terms of agreement.
(viii) Development of procedures to ensure proper
performance of agreements executed under the program.
(ix) Other duties and responsibilities necessary to
carry out the purposes of this chapter.
(3) A participating district may dedicate up to 6% of
the annual amount apportioned by the commission under
subsection (d) for expenses incurred in administration of the
program. For purposes of this paragraph, expenses for
technical assistance under subsection (e)(2)(ii) shall not be
considered as expenses incurred in administration of the
program.
(f) Advisory committee.--Within a conservation district, a
committee may be appointed by the conservation district board to
advise the program and identify local priorities and
opportunities to complement other programs. The committee shall
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include, at a minimum, one staff member of the conservation
district and one local representative of the United States
Department of Agriculture Natural Resources Conservation Service
and may include up to three other local representatives who are
knowledgeable of agricultural operations and conservation.
(g) Applications and certifications.--The following shall
apply:
(1) In a county with a delegated conservation district,
an eligible applicant may apply to the delegated conservation
district for an eligible project under the program. In a
county without a participating delegated conservation
district, an eligible applicant may apply directly to the
commission for an eligible project under the program. The
conservation district and commission shall prescribe the
respective form and manner of the application. The
application, at a minimum, shall include:
(i) The location of the project.
(ii) The description of the project, including the
planned BMPs.
(iii) If applicable, the amount and sources of
funding available for the project.
(iv) The total cost of the project.
(v) Any other information as required by the
conservation district or commission, as applicable.
(vi) Relevance of the project to the development,
improvement or implementation of the applicant's manure
or nutrient management plan, conservation plan or
agricultural erosion and sediment control plan.
(2) The conservation district or commission, as
applicable, shall review complete applications based upon the
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criteria established under subsection (h) on an ongoing basis
and in the order received. Within 90 days of receipt of a
complete application, unless extenuating circumstances
prevent the conservation district or commission from doing
so, the conservation district or commission, as applicable,
shall notify the applicant of:
(i) Whether the project is approved for funding
under the program.
(ii) The total amount of funds approved for the
project.
(iii) The amount of each type of funding approved
for the project.
(3) Upon completion of a project funded under this
program, the eligible applicant who received the approval for
the project shall notify the conservation district or
commission, as applicable, of the completion of the project
and shall submit all documents to certify the completion.
(4) Projects funded under this program may be subject to
inspection by the commission, conservation district or their
designated agent.
(5) The funds shall be distributed upon certification
and verification that the funded project has been completed
and design and construction standards have been met.
(h) Criteria for evaluation of applications.--In approving
applications for eligible projects under the program, the
applicable delegated conservation district or commission shall
give priority to complete applications based upon the following
criteria:
(1) The project meets the goals of any applicable
watershed implementation plan or county action plan.
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(2) If applicable to the agricultural operation, the
applicant has a conservation plan or agricultural erosion and
sediment control plan and a manure management plan or
nutrient management plan. Development of such plans shall be
included in the application if not yet developed prior to the
application.
(3) The project implements best management practices
included in a conservation plan, agricultural erosion and
sediment control plan, manure management plan or nutrient
management plan. For purposes of this paragraph, the
conservation district or commission shall give priority to
projects that implement best management practices for control
of nitrogen or phosphorus or sediment.
(4) An agricultural operation with an animal
concentration area shall have implemented best management
practices necessary to abate storm water runoff, loss of
sediment, loss of nutrients and runoff of other pollutants
from the animal concentration area, or the implementation of
such best management practices shall be included in an
application for funds.
(5) Proximity to surface waters, public drinking water
sources or karst geology with underground drainage systems or
open sinkholes.
(6) The project meets the design and construction
standards established by the commission. If standards do not
exist for a best management practice approved by the
commission, the commission may establish or approve design,
construction and certification standards for such a best
management practice.
(7) Any other criteria considered by the conservation
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district, as applicable, and approved by the commission.
(i) Liability for failure of performance.--An eligible
applicant receiving funds under an approved project who fails to
adequately perform any term of the agreement executed for the
project shall be liable for repayment of money provided to the
eligible applicant related to adequate performance of the
agreement term. The commission or its designated agent may take
action to enforce the terms of the agreement with the eligible
applicant under agreement with the commission or its designated
agent in law or equity to compel adequate performance of a
project agreement or recoup funds provided under an approved
project for which the recipient is liable for repayment under
this article. Any funds repaid to the commission as a result of
failure of performance of a project agreement may be provided to
the conservation district that was party to that project
agreement for use in other project agreements.
(j) Reports.--The commission shall perform a periodic
program assessment, develop an annual report and provide the
report to:
(1) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate.
(2) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the House of
Representatives.
(3) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the Senate.
(4) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the House of
Representatives.
ARTICLE XVI-S
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CLEAN WATER PROCUREMENT PROGRAM
Section 1601-S. Scope of article.
This article relates to the Clean Water Procurement Program.
Section 1602-S. 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:
"Aggregator." A person or entity that facilitates or
coordinates a best management practice implemented by other
persons for nutrient or sediment reduction. The term includes an
agricultural or conservation business, educational institution
or nonprofit agricultural or conservation organization that:
(1) acts on behalf of farmers through a production
contract or cooperative membership; or
(2) administers a publicly or privately supported
program for implementation of a best management practice to
reduce nutrient or sediment pollution on a farm.
"Authority." The Pennsylvania Infrastructure Investment
Authority.
"Best management practice." A practice or combination of
practices determined by the commission or by the Natural
Resources Conservation Service of the United States Department
of Agriculture to be effective and practical, considering
technological, economic and institutional factors, to manage
nutrient and sediment to protect surface water and groundwater.
"Chesapeake Bay TMDL." The most current Chesapeake Bay TMDL
for nitrogen, phosphorus and sediment as established by the
Environmental Protection Agency.
"Commission." The State Conservation Commission.
"Department." The Department of Environmental Protection of
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the Commonwealth.
"Locally impaired watershed." The land area not larger than
a watershed corresponding to a 12-digit Hydrologic Unit Code as
designated by the United States Geological Survey, that includes
a body of water on the Commonwealth's list of impaired waters
under section 303(d) of the Federal Water Pollution Control Act
(62 Stat. 1155, 33 U.S.C. ยง 1251 et seq.).
"Nutrient." Nitrogen or phosphorus.
"Nutrient or sediment reduction." A reduction in a nitrogen,
phosphorus or sediment pollution load discharged to surface
water or groundwater that can be directly quantified or modeled
using any model approved or accepted by the department or the
Environmental Protection Agency for the purpose of determining
the amount of nutrient or sediment pollution reduction, in
pounds per year, achieved by implementing a best management
practice.
"Program." The Clean Water Procurement Program established
under section 1603-S.
"Qualified bidder." A person or aggregator with a
verification plan approved by the department that meets the
following criteria:
(1) The person or aggregator is not listed on the
Debarment and Suspension List maintained by the Department of
General Services.
(2) The person or aggregator is not in default of a loan
or funding agreement administered by the authority or any
other Commonwealth agency.
(3) The person or aggregator does not have a history of
notice of violation of the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law or regulations of the
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department.
"Sediment." Soils or other erodible materials transported by
storm water as a product of erosion.
"Small farm." An agricultural operation, except for a CAFO
as defined in 25 Pa. Code ยง 92a.2 (relating to definitions).
"TMDL." Total maximum daily load.
"Verification plan." A written plan that details the method
that a qualified bidder will use to verify performance of a best
management practice for nutrient or sediment reduction in
accordance with a protocol approved or accepted by the
department.
"Verified nutrient or sediment reduction." Nutrient or
sediment reduction measured in pounds created by a best
management practice pursuant to a verification plan and approved
by the department.
Section 1603-S. Establishment.
The Clean Water Procurement Program is established and shall
provide for the purchase of a verified nutrient or sediment
reduction through a competitive bidding process consistent with
62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).
Section 1604-S. Sources of funding.
Funding for the program may be provided through any of the
following:
(1) Money appropriated for the purposes of the program.
(2) Amounts made available from the Cleans Streams Fund
under section 1712-A.2(c)(2).
(3) Federal money appropriated to or authorized for the
purposes of the program.
(4) Money received from another governmental agency
through an interagency agreement or memorandum of
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understanding.
(5) A gift or other contribution from a public or
private source.
(6) Return on money dedicated to the program, including,
but not limited to, interest on loans, investment interest or
refunds.
Section 1605-S. Administrative expenses.
No more than 4% of the money appropriated for the program may
be used by the department to implement the program.
Section 1606-S. Duties of authority.
The authority shall have all of the following duties:
(1) Issue a request for proposals or initiate a
competitive bidding process under 62 Pa.C.S. Pt. I (relating
to Commonwealth Procurement Code) for the supply of a
verified nutrient or sediment reduction toward the
achievement of the Chesapeake Bay TMDL. The authority shall
require that a response to the request for proposals or
competitive bidding process shall include:
(i) The legal name, address and contact information,
including, where available, a telephone number and email
address of the person submitting the proposal.
(ii) A description of the project or practices to be
used or implemented to achieve the proposed nutrient or
sediment reduction, including an estimate of the amount
of reduction in pounds per year for each year of the
contract and the basis for estimates.
(iii) The location where the projects or practices
will be used or implemented.
(iv) The expected life of each reduction that will
be achieved as a result of the proposed projects or
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practices.
(v) A description of the ownership, or written
agreement with the owner, of each parcel of land or
facility that will be used in implementing the projects
or practices.
(vi) A description of the measures to be used to
quantify, by measurement or modeling, the amounts of the
reductions of nutrients or sediment resulting from the
proposed projects or practices, and a verification plan
to verify the reductions, at such times or intervals as
the authority or the department shall specify.
(vii) A suggested payment schedule.
(viii) A statement of the qualified bidder's
qualification, experience and resources.
(ix) A statement of the qualified bidder's proposed
surety and other financial assurances.
(2) Evaluate, in consultation with the department and
the commission, the responses to the request for proposals or
competitive bidding process under paragraph (1).
(3) Execute a contract with a qualified bidder. A
contract under this paragraph:
(i) May not be for a term of more than 10 years.
(ii) Shall require periodic submissions from a
qualified bidder in accordance with a verification plan
approved by the department.
(iii) Shall require that payment be conditioned on
the achievement of specific outcomes based on defined
performance targets in accordance with a verification
plan approved by the department.
(iv) Shall specify measures that the authority will
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take in the event of a failure by the qualified bidder to
meet or satisfy any performance obligation, or otherwise
fail to comply with any term or condition of the
contract, including the withholding of payments or
portions of payments that would otherwise be made, the
use of payment adjustments and time schedules, including
the extension of any target date, if performance targets
or schedules are not met, cancellation of the contract in
the event of a substantial failure of performance that
cannot be readily corrected or mitigated, and other
measures as may be appropriate.
(4) After the department has verified a nutrient or
sediment reduction, purchase a verified nutrient or sediment
reduction in accordance with the terms of a contract under
paragraph (3).
Section 1607-S. Publicly funded reductions.
A verified nutrient or sediment reduction funded entirely by
public funding shall not be eligible to be purchased under the
program. If a percentage of a verified nutrient or sediment
reduction is funded by public funding, the percentage of the
remaining verified nutrient or sediment reduction that is
eligible to be purchased shall be commensurate with the
percentage of the verified nutrient or sediment reduction that
is not provided by public funding.
Section 1608-S. Criteria.
The criteria for the evaluation of responses to the request
for proposals or competitive bidding process under section 1606-
S(1) and the weighted percentage to be applied to each factor in
the evaluation of the responses shall be determined by the
authority in consultation with the department and commission and
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be published as part of the request for proposals or competitive
bidding process under section 1606-S(1). The criteria to be
considered must include all of the following:
(1) A verified nutrient or sediment reduction in a
locally impaired watershed.
(2) A verified nutrient or sediment reduction in a
county designated by the department as a Tier 1 Chesapeake
Bay county.
(3) The dollar cost per pound of nutrient or sediment
removed.
(4) The extent to which the project includes small
farms.
(5) The quantity of nutrient or sediment loads
anticipated to be reduced.
(6) The extent to which the project would provide
additional community and environmental benefits, including
mitigation of flooding, human exposure to toxic substances
and climate change.
(7) Any additional criteria determined relevant and
necessary by the authority, department and commission.
Section 1609-S. Annual report.
The authority shall publish and make available to the public
an annual report on the program detailing all of following for
the prior year:
(1) The total cost of the program.
(2) The best management practices implemented which
resulted in nutrient or sediment reductions.
(3) The verified nutrient or sediment reductions
achieved toward the satisfaction of the Chesapeake Bay TMDL.
(4) The total cost for each verified nutrient or
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sediment reduction.
(5) The participation of small farms in the program.
Section 1610-S. Duties of department.
The department shall:
(1) Advise the authority as the authority establishes
criteria under section 1608-S.
(2) Review and approve a verification plan submitted
with a response to a request for proposals or competitive
bidding process under section 1606-S(1) and advise the
authority regarding the acceptability of a verification plan,
including what changes, if any, must be made in order for it
to be acceptable. To be approved, a verification plan must
describe the procedures that can be easily used by the
bidder, the department or a technically qualified inspection
contractor engaged by the department, to inspect any projects
or practices utilized by a bidder and determine the amount of
any reduction of nutrients or sediment being achieved under
the terms of the contract.
(3) Evaluate the responses to the request for proposals
or competitive bidding process based on the criteria under
section 1608-S and advise the authority regarding the
acceptability of the responses.
(4) In accordance with a contract under section 1606-
S(3), ensure, through inspections, compliance audits or other
means, that a qualified bidder is in compliance with an
approved verification plan. The department may enter into an
agreement with a third party to perform the duty under this
paragraph.
Section 1611-S. Duties of commission.
The commission shall:
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(1) Advise the authority as it establishes criteria
under section 1608-S.
(2) Review a response to a request for proposals or
competitive bidding process under section 1606-S(1) and
advise the authority accordingly.
Section 1612-S. Regulations.
The department may promulgate regulations necessary to
administer the provisions of this article. A lack of regulations
promulgated under this section shall not preclude the
department, the commission or the authority from administering
and implementing the provisions of this article.
Section 1613-S. Expiration.
This article shall expire 10 years after the effective date
of this section.
Section 17. Section 1702-A(b)(1) of the act is amended by
adding a subparagraph to read:
Section 1702-A. Funding.
* * *
(b) Transfer of portion of surplus.--
(1) Except as may be provided in paragraph (2), for
fiscal years beginning after June 30, 2002, the following
apply:
* * *
(xiii) If the Secretary of the Budget certifies that
there is a surplus in the General Fund for the 2021-2022
fiscal year, the amount of $2,100,000,000 shall be
deposited by the end of the next succeeding quarter into
the Budget Stabilization Reserve Fund.
* * *
Section 18. Section 1711-A of the act is amended to read:
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Section 1711-A. Transfer.
(a) Transfer.--Notwithstanding section 704 of the act of
July 6, 1989 (P.L.169, No.32), known as the Storage Tank and
Spill Prevention Act, the Secretary of the Budget shall, by
October 15, 2002, transfer the sum of $100,000,000 from the
Underground Storage Tank Indemnification Fund to the General
Fund.
(b) Repayment.--The sum transferred under this section shall
be repaid to the Underground Storage Tank Indemnification Fund
after June 30, 2004, and before July 1, 2029, plus interest.
(c) Annual payment amount.--An annual payment amount shall
be included in the budget submission required pursuant to
section 613 of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929.
(d) Notice and expiration.--Upon determination by the
Secretary of the Budget that the money transferred from the
Underground Storage Tank Indemnification Fund under subsection
(a) has been repaid to the Underground Storage Tank
Indemnification Fund, the Secretary of the Budget shall transmit
a notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin. This subarticle shall expire upon
publication of the notice under this subsection.
Section 19. Section 1772.1-A(a) of the act is amended and
the section is amended by adding a subsection to read:
Section 1772.1-A. H2O PA Account.
(a) Establishment.--There is established in the Gaming
Economic Development and Tourism Fund a restricted account to be
known as the H2O PA Account, which shall contain the following:
(1) Moneys available from transfers under section 1772-A
and Chapter 5 of the act of July 9, 2008 (P.L.908, No.63),
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known as the H2O PA Act.
(2) Moneys available from transfers under 58 Pa.C.S. ยง
2315(a.1)(4) (relating to Statewide initiatives).
(2.1) Of the money appropriated for COVID Relief - ARPA
- Transfer to Commonwealth Financing Authority - Water and
Sewer Projects, $214,400,000 shall be deposited in the
account.
(3) Other appropriations or transfers made to the
account.
* * *
(d) Application of Federal law.--Notwithstanding any
provision of this subarticle or the H2O PA Act to the contrary,
grants awarded from money deposited in the account under
subsection (a)(2.1) shall be made in accordance with applicable
Federal law.
Section 20. Section 1774.1-A of the act is amended by adding
a subsection to read:
Section 1774.1-A. Other grants.
* * *
(a.4) Additional water and sewer projects.--Of the money
appropriated for COVID Relief - ARPA - Transfer to Commonwealth
Financing Authority - Water and Sewer Projects, $105,600,000
shall be transferred to the authority for distribution or
reimbursement for water and sewer projects with a cost of not
less than $30,000 and not more than $500,000. In determining the
grant amount for the purpose of this subsection, the authority
shall not include the matching funds requirement in the
calculation of the cost of the project. Notwithstanding any
provisions of this subarticle to the contrary, grants awarded
under this section shall be made in accordance with applicable
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Federal law.
* * *
Section 21. Sections 1712-A.1(a)(2)(ii) and 1713-A.1(b)(1.8)
of the act, amended or added June 30, 2021 (P.L.62, No.24), are
amended to read:
Section 1712-A.1. Establishment of special fund and account.
(a) Tobacco Settlement Fund.--
* * *
(2) The following shall be deposited into the Tobacco
Settlement Fund:
* * *
(ii) For fiscal years 2019-2020, 2020-2021 [and],
2021-2022 and 2022-2023, an amount equal to the annual
debt service due in the fiscal year as certified by the
Secretary of the Budget pursuant to section 2804 of the
Tax Reform Code of 1971, as published in the Pennsylvania
Bulletin on March 3, 2018, at 48 Pa.B. 1406, shall be
transferred to the fund from the taxes collected under
Article XII of the Tax Reform Code of 1971 by April 30
following the beginning of the fiscal year. A deposit
under this paragraph shall occur prior to the deposits
and transfers under section 1296 of the Tax Reform Code
of 1971.
* * *
Section 1713-A.1. Use of fund.
* * *
(b) Appropriations.--The following shall apply:
* * *
(1.8) For fiscal [year] years 2021-2022 and 2022-2023,
the General Assembly shall appropriate money in the fund in
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accordance with the following percentages based on the sum of
the portion of the annual payment deposited and the amount
deposited under section 1712-A.1(a)(2)(ii) in the fiscal
year:
(i) Four and five-tenths percent for tobacco use
prevention and cessation programs under Chapter 7 of the
Tobacco Settlement Act.
(ii) Twelve and six-tenths percent to be allocated
as follows:
(A) Seventy percent to fund research under
section 908 of the Tobacco Settlement Act.
(B) Thirty percent as follows:
(I) One million dollars for spinal cord
injury research programs under section 909.1 of
the Tobacco Settlement Act.
(II) From the amount remaining after the
amount under subclause (I) has been determined:
(a) Seventy-five percent for pediatric
cancer research institutions within this
Commonwealth that are equipped and actively
conducting pediatric cancer research
designated by the Secretary of Health to be
eligible to receive contributions. No more
than $2,500,000 in a fiscal year shall be
made available to any one pediatric cancer
research institution.
(b) Twenty-five percent for capital and
equipment grants to be allocated by the
Department of Health to entities engaging in
biotechnology research, including entities
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engaging in regenerative medicine research,
regenerative medicine medical technology
research, hepatitis and viral research, drug
research and clinical trials related to
cancer, research relating to pulmonary
embolism and deep vein thrombosis, genetic
and molecular research for disease
identification and eradication, vaccine
immune response diagnostics, nanotechnology
research and the commercialization of applied
research.
(iii) One percent for health and related research
under section 909 of the Tobacco Settlement Act.
(iv) Eight and eighteen hundredths percent for the
uncompensated care payment program under Chapter 11 of
the Tobacco Settlement Act.
(v) Thirty percent for the purchase of Medicaid
benefits for workers with disabilities under Chapter 15
of the Tobacco Settlement Act.
(vi) Forty-three and seventy-two hundredths percent
shall remain in the fund to be separately appropriated
for health-related purposes.
* * *
Section 22. Section 1723-A.1(a)(2)(i.8) and (3)(v) and (b)
of the act, amended June 30, 2021 (P.L.62, No.24), are amended
and subsection (a)(3) is amended by adding a subparagraph to
read:
Section 1723-A.1. Distributions from Pennsylvania Race Horse
Development Fund.
(a) Distributions.--Funds in the fund are appropriated to
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the department on a continuing basis for the purposes set forth
in this subsection and shall be distributed to each active and
operating Category 1 licensee conducting live racing as follows:
* * *
(2) Distributions from the fund shall be allocated as
follows:
* * *
(i.8) The following apply:
(A) For fiscal year 2021-2022, the sum of
$19,659,000 in the fund shall be transferred to the
account in 22 equal weekly amounts beginning on [the
effective date of this subparagraph.] July 1, 2021.
(B) For fiscal year 2022-2023, the sum of
$14,659,000 in the fund shall be transferred to the
account in 22 equal weekly amounts beginning on the
effective date of this clause.
* * *
(3) The following shall apply:
* * *
(v) For fiscal year 2020-2021, the department shall
transfer $10,066,000 from the fund to the State Racing
Fund pursuant to 3 Pa.C.S. ยง 9374(a). [3 Pa.C.S. ยง
9374(a) shall expire June 30, 2022.]
* * *
(vii) For fiscal year 2022-2023, the department
shall transfer $10,066,000 from the fund to the State
Racing Fund under subsection (b).
(b) [(Reserved).] Annual transfers to State Racing Fund.--
The General Assembly shall authorize the transfer of funds from
the fund to the State Racing Fund to provide for each cost
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associated with the collection and research of and testing for
medication, which shall include the cost of necessary personnel,
equipment, supplies and facilities, except holding barns or
stables, to be located at horse race facilities, grounds or
enclosures or at other locations designated by the commission.
All such costs shall be reviewed and approved by the commission.
The transfer shall be made in 52 equal weekly installments
during the fiscal year before any other distribution from the
fund. This subsection shall expire on June 30, 2025.
Section 23. Section 1738-A.1 of the act, added February 5,
2021 (P.L.1, No.1), is amended to read:
Section 1738-A.1. Workers' Compensation Security Fund transfer
to COVID-19 Response Restricted Account.
(a) Repayment.--Any amount transferred from the Workers'
Compensation Security Fund under section 1726-M(e) which is not
deposited under section 134-C(c) shall be repaid to the Workers'
Compensation Security Fund by July 1, 2029. If the Commonwealth
receives a payment of at least $145,000,000 from the Federal
Government for the mitigation of general revenue losses incurred
as a result of the public health emergency with respect to the
Coronavirus Disease 2019, $145,000,000 of the payment shall be
used to repay the Workers' Compensation Security Fund within 180
days of receipt from the Federal Government.
(b) Notice and expiration.--Upon determination by the
Secretary of the Budget that the money transferred from the
Workers' Compensation Security Fund under subsection (a) has
been repaid to the Workers' Compensation Security Fund, the
Secretary of the Budget shall transmit a notice to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin. This section shall expire upon publication of the
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notice under this subsection.
Section 24. Section 1792-A.1 of the act, added June 30, 2021
(P.L.62, No.24), is amended to read:
Section 1792-A.1. Opioid Settlement Restricted Account.
(a) Establishment.--The Opioid Settlement Restricted Account
is established within the General Fund as a restricted account.
(b) Deposits.--Money received by a State agency as a result
of a settlement, litigation [or an], enforcement action [related
to] or a court-ordered distribution pursuant to a
Bankruptcy Code (11 U.S.C. ยง 101 et seq.) approved plan, arising
from claims made by the Commonwealth [relating to] related to
the marketing, manufacturing, sale, promotion, distribution,
prescribing or dispensing of opioids shall be deemed funds of
the Commonwealth and shall, upon receipt, be deposited into the
account. Interest earned on money in the account shall be
deposited into the account.
(b.1) Exclusion.--Money received by county, municipal or
local governments and agencies, including district attorneys,
arising from claims concerning the marketing, manufacturing,
sale, promotion, distribution, prescribing or dispensing of
opioids shall not be deemed funds of the Commonwealth and shall
not be deposited into the account.
(c) Use.--Money in the account may only be used upon
appropriation by the General Assembly.
Section 25. The act is amended by adding an article to read:
ARTICLE XVII-A.2
ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS
SUBARTICLE A
FEDERAL INFRASTRUCTURE PROJECT ACCOUNT
Section 1701-A.2. Definitions.
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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 Federal Infrastructure Project Account
continued under section 1702-A.2(a).
Section 1702-A.2. Federal Infrastructure Project Account.
(a) Continuation.--The account established under section
6105.1 of the act of June 30, 2021 (P.L.499, No.1A), known as
the General Appropriation Act of 2021, is continued as a
restricted account within the General Fund.
(b) Deposits.--Money appropriated to or transferred to the
account shall be deposited into the account.
(c) Use.--Money in the account may only be used upon
appropriation by the General Assembly.
SUBARTICLE B
CLEAN STREAMS FUND
Section 1711-A.2. 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:
"Fund." The Clean Streams Fund established under section
1712-A.2(a).
Section 1712-A.2. Clean Streams Fund.
(a) Establishment.--The Clean Streams Fund is established in
the State Treasury.
(b) Deposits.--The following shall be deposited into the
fund:
(1) Money appropriated to the fund for COVID Relief -
ARPA - Transfer to the Clean Streams Fund.
(2) Money appropriated for purposes of the fund.
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(3) Federal money appropriated or authorized for
purposes of the fund.
(4) Money received from a governmental agency through an
interagency agreement or memorandum of understanding.
(5) A gift or other contribution from a public or
private source.
(6) Return on money dedicated for the fund, including,
but not limited to, interest on loans, investment interest or
refunds.
(c) Distribution.--Money deposited into the fund under
subsection (b) shall be distributed as follows:
(1) Seventy percent to the State Conservation Commission
established under the act of May 15, 1945 (P.L.547, No.217),
known as the Conservation District Law, to implement the
Agriculture Conservation Assistance Program under Article
XVI-R.
(2) Ten percent to the Pennsylvania Infrastructure
Investment Authority to implement the Pennsylvania Clean
Water Procurement Program under Article XVI-S.
(3) Ten percent to the Nutrient Management Fund
established under 3 Pa.C.S. ยง 512 (relating to Nutrient
Management Fund).
(4) Four percent to the Department of Environmental
Protection for grants and reimbursements to municipalities
and counties under section 17 of the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act.
(5) Four percent to the Department of Conservation and
Natural Resources for the Keystone Tree Restricted Account
established under 27 Pa.C.S. ยง 6602 (relating to
establishment).
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(6) Two percent to the Acid Mine Drainage Abatement and
Treatment Fund.
SUBARTICLE C
SPORTS TOURISM AND MARKETING ACCOUNT
Section 1721-A.2. 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:
"Department." The Department of Community and Economic
Development of this Commonwealth.
"Eligible applicant." A municipality, a local authority, a
nonprofit organization or a legal entity that is participating
or plans to participate in a competitive selection process
conducted by a site selection organization not located in this
Commonwealth for the purpose of securing a single year or
multiyear commitment from the site selection organization to
conduct the sporting event at one or more locations in this
Commonwealth.
"Financial assistance." A grant, loan or loan guarantee
awarded by the department.
"High quality, amateur and professional sporting or esports
event." The term includes, but is not limited to, any of the
following and any activity related to or associated with the
following:
(1) The Amateur Athletic Union Junior Olympic Games.
(2) The Breeders' Cup World Championships.
(3) A game of the National Collegiate Athletic
Association College Football Playoff or its successor.
(4) A National Collegiate Athletic Association college
football bowl game.
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(5) A Formula One automobile race.
(6) The Major League Baseball All-Star Game.
(7) The Major League Soccer All-Star Game or the Major
League Soccer Cup.
(8) A mixed martial arts championship.
(9) The Moto Grand Prix of the United States.
(10) A National Association for Stock Car Auto Racing
All-Star Race or season-ending Championship Race.
(11) The National Basketball Association All-Star Game.
(12) A National Collegiate Athletic Association Final
Four tournament game, including men's and women's basketball
and ice hockey.
(13) A National Collegiate Athletic Association men's or
women's individual or team championship game or tournament.
(14) A national collegiate championship of an amateur
sport sanctioned by the national governing body of the sport
that is recognized by the United States Olympic Committee.
(15) A Triple Crown Horse Race or a Triple Crown Harness
Race.
(16) The National Hockey League All-Star Game.
(17) An Olympic activity, including a Junior or Senior
activity, training program or feeder program sanctioned by
the United States Olympic Committee's Community Olympic
Development Program.
(18) A Super Bowl.
(19) A United States Golf Association professional or
amateur championship.
(20) The Ryder Cup, Walker Cup or Solheim Cup.
(21) The Professional Golfers' Association Championship.
(22) A World Cup soccer game or the World Cup soccer
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tournament.
(23) The World Games.
(24) The X Games.
(25) The Invictus Games.
"Site selection organization." The term includes:
(1) The Amateur Athletic Union.
(2) The College Football Playoff Administration or its
successor.
(3) The Entertainment and Sports Programming Network or
an affiliate.
(4) The Federation Internationale de Football
Association.
(5) The International World Games Association.
(6) Major League Baseball.
(7) Major League Soccer.
(8) The National Association for Stock Car Auto Racing.
(9) The National Basketball Association.
(10) The National Collegiate Athletic Association.
(11) The National Cutting Horse Association.
(12) The National Football League.
(13) The National Hockey League.
(14) The Ultimate Fighting Championship.
(15) The United States Golf Association.
(16) The Professional Golfers' Association of America.
(17) The United States Olympic Committee.
(18) The national governing body of a sport that is
recognized by:
(i) The Federation Internationale de l'Automobile.
(ii) Formula One Management Limited.
(iii) The National Thoroughbred Racing Association.
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(iv) The United States Olympic Committee.
Section 1722-A.2. Sports Tourism and Marketing Account.
(a) Establishment.--The Sports Tourism and Marketing Account
is established in the Pennsylvania Gaming Economic Development
and Tourism Fund as a restricted account. The purpose of the
Sports Tourism and Marketing Account shall be to attract high-
quality, amateur and professional sporting and esports events to
this Commonwealth for the purposes of advancing and promoting
year-round tourism, economic impact and quality of life through
sport.
(b) Administration and distribution.--The Sports Tourism and
Marketing Account shall be administered by the department.
(c) Duties of department.--The department shall:
(1) Issue program guidelines to implement this section.
(2) Establish procedures for eligible applicants to
apply for financial assistance from the Sports Tourism and
Marketing Account.
(3) Determine the form and manner by which an applicant
can apply for financial assistance with the department.
(4) Award financial assistance to eligible applicants in
accordance with this section. The department shall make
payments to recipients in accordance with an agreement
executed between the recipient and the department.
(d) Use of funds.--The department may award financial
assistance in the form of a single year or multiyear award for
any of the following:
(1) The costs relating to the preparations necessary for
conducting the event.
(2) The costs of conducting the event at the venue,
including costs of an improvement or renovation to an
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existing facility at the venue. The financial assistance
under this section shall be limited to 20% of the total cost
of an improvement or renovation to an existing facility,
except if the facility is publicly owned.
(3) Promotion, marketing and programming costs
associated with the event.
(4) Paid advertising and media buys within this
Commonwealth related to the event.
(5) Production and technical expenses related to the
event.
(6) Site fees and costs, such as labor, rentals,
insurance, security and maintenance.
(7) Machinery and equipment purchases associated with
the conduct of the event.
(8) Public infrastructure upgrades or public safety
improvements that will directly or indirectly benefit the
conduct of the event.
(9) Costs related to land acquisition directly related
to the conduct of the event. The financial assistance under
this section shall be limited to 20% of the total acquisition
cost, except if the venue at which the event will be
conducted is publicly owned.
(10) On-site hospitality during the conduct of the
event.
(e) Prohibitions.--
(1) Except as provided under paragraph (2), financial
assistance awarded under this section may not be used for any
of the following:
(i) To solicit the relocation of a professional
sports franchise located in this Commonwealth.
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(ii) To construct an arena, stadium, playing field,
racetrack, golf course or any other venue or surface upon
which the sporting event will take place.
(iii) To conduct usual and customary maintenance of
the facility or venue where the sporting event will take
place.
(2) Paragraph (1) shall not prohibit a disbursement from
the Sports Tourism and Marketing Account for the construction
of temporary structures within an arena, stadium or indoor or
outdoor venue where the sporting event will be conducted that
are necessary for the conduct of an event or temporary
maintenance of a facility that is necessary for the
preparation for or conduct of an event.
Section 1723-A.2. Transfer of funds.
Notwithstanding 4 Pa.C.S. ยง 13C62(b)(3) (relating to sports
wagering tax), for fiscal year 2022-2023, an amount equal to 5%
of the tax revenue generated by the tax imposed under 4 Pa.C.S.
ยง 13C62 or $2,500,000, whichever is greater, shall be
transferred to the Sports Tourism and Marketing Account for use
by the department in accordance with this subarticle. The amount
transferred under this section may not exceed $5,000,000.
Section 1724-A.2. Study of economic impact.
No later than nine months after the completion of an event
conducted in this Commonwealth that received funds under this
subarticle, the Independent Fiscal Office shall complete a
report analyzing the direct and indirect economic impact the
event had on the Commonwealth, the county and geographic region
in which the event was conducted. The report shall be provided
to the chairperson and minority chairperson of the
Appropriations Committee of the Senate and the chairperson and
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minority chairperson of the Appropriations Committee of the
House of Representatives and shall be posted on the Independent
Fiscal Office's publicly accessible Internet website.
SUBARTICLE D
ELECTION INTEGRITY RESTRICTED ACCOUNT
Section 1731-A.2. (Reserved).
Section 1732-A.2. Election Integrity Restricted Account.
(a) Establishment.--The Election Integrity Restricted
Account is established in the General Fund as a restricted
account.
(b) Annual transfer.--No later than August 1, 2022, and each
August 1 thereafter, the sum of $45,000,000 shall be transferred
from funds received under the authority of Article III of the
act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
of 1971, to the Election Integrity Restricted Account.
(c) Limitation on use.--Money in the Election Integrity
Restricted Account may only be expended upon enactment of a
statute to provide for the use of the money in the account and
upon appropriation by the General Assembly.
Section 26. Sections 1712-B(2)(v) and 1729-B(8) and (9) of
the act, repealed and added June 30, 2021 (P.L.62, No.24), are
amended to read:
Section 1712-B. Executive offices.
The following apply to appropriations for the Pennsylvania
Commission on Crime and Delinquency:
* * *
(2) The following apply:
* * *
[(v) From the amount appropriated, $250,000 shall be
available to the Judicial Computer System Financial Audit
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Committee to carry out its duties pursuant to legislation
enacted by the Commonwealth after the effective date of
this subparagraph.]
* * *
Section 1729-B. Department of Human Services.
The following apply to appropriations for the Department of
Human Services:
* * *
(8) From the appropriation for 2-1-1 Communications,
$750,000 shall be allocated for a Statewide 2-1-1 System
Grant Program, and $4,000,000 shall be used for nonrecurring
infrastructure enhancements to the Statewide 2-1-1 System.
(9) The appropriation for services for the visually
impaired includes the following:
(i) an allocation of [$2,584,000] $3,084,000 for
Statewide professional services provider association for
the blind to provide training and supportive services for
individuals who are blind and preschool vision screenings
and eye safety education; and
(ii) an allocation of [$518,000] $618,000 to provide
specialized services and prevention of blindness services
in cities of the first class.
* * *
Section 27. Section 1712-E of the act is amended by adding a
subsection to read:
Section 1712-E. Executive Offices.
* * *
(d) Non-State financial participation.--For the purpose of
determining non-State financial participation for a
redevelopment assistance capital project as defined under
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section 302 of the act of February 9, 1999 (P.L.1, No.1), known
as the Capital Facilities Debt Enabling Act, money distributed
to counties under 58 Pa.C.S. ยง 2314(d) (relating to distribution
of fee) may not be considered State funds if the redevelopment
assistance capital project serves a purpose which is an eligible
use under 58 Pa.C.S. ยง 2314(g).
Section 28. Section 1721-E of the act is amended to read:
Section 1721-E. Department of Corrections.
(a) Appropriations.--The following shall apply to
appropriations for the Department of Corrections:
(1) When making expenditures from appropriations for the
operation of State correctional institutions, the Department
of Corrections shall give consideration to minimum relief
factor values calculated when determining staffing levels for
corrections officers and food service instructors at each
State correctional institution.
(2) [(Reserved).] The annual general government
operations funding for the Pennsylvania Parole Board shall be
appropriated to the Department of Corrections via a separate
line item appropriation.
(3) The annual general government operations funding for
the Board of Pardons shall be appropriated to the Department
of Corrections via a separate line item appropriation.
(b) (Reserved).
Section 29. Sections 1722-E and 1725-E of the act are
amended by adding subsections to read:
Section 1722-E. Department of Education.
* * *
(f) Payments from basic education funding or school
employees' Social Security appropriations prohibited.--
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Notwithstanding section 1724-A of the Public School Code of 1949
or 24 Pa.C.S. ยง 8329 (relating to payments on account of social
security deductions from appropriations), no payments shall be
made to charter schools, regional charter schools or cyber
charter schools authorized under Article XVII-A of the Public
School Code of 1949 to provide for Social Security and Medicare
contributions from money appropriated for basic education
funding or school employees' Social Security.
(g) Payments from required contributions for public school
employees' retirement appropriations prohibited.--
Notwithstanding section 1724-A of the Public School Code of 1949
or 24 Pa.C.S. ยงยง 8326 (relating to contributions by the
Commonwealth) and 8535 (relating to payments to school entities
by Commonwealth), no payments shall be made to charter schools,
regional charter schools or cyber charter schools authorized
under Article XVII-A of the Public School Code of 1949 from
money appropriated for payment of required contributions for
public school employees' retirement.
Section 1725-E. Department of Health.
* * *
(d) Repayment by Rural Health Redesign Center Authority.--No
later than 15 days after the effective date of this subsection,
the Secretary of Health and the Chair of the Rural Health
Redesign Center Authority shall enter into an agreement to amend
the Intergovernmental Agreement dated June 1, 2020, in
accordance with the following:
(1) The Rural Health Redesign Center Authority shall
repay the entire balance owed to the Department of Health no
later than June 30, 2024.
(2) The Rural Health Redesign Center Authority shall not
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be required to make partial repayments prior to June 30,
2024.
Section 30. Sections 1727-E(c) and 1728-E of the act are
amended to read:
Section 1727-E. Department of Labor and Industry.
* * *
(c) Reemployment Fund.--Five percent of the contributions on
wages paid under section 301.4 of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, from July 1, 2018, through September 30,
[2022] 2024, shall be deposited into the Reemployment Fund to
the extent the contributions are paid on or before December 31,
[2022] 2024. The department may deposit contributions in
accordance with section 301.4(e)(2) of the Unemployment
Compensation Law before depositing contributions in accordance
with this subsection and section 301.4(e)(3) of the Unemployment
Compensation Law.
Section 1728-E. Department of Military and Veterans Affairs.
(a) Distributed generation systems.--The definition of
"customer-generator" in section 2 of the act of November 30,
2004 (P.L.1672, No.213), known as the Alternative Energy
Portfolio Standards Act, shall include net-metered distributed
generation systems owned, operated or supporting the Department
of Military and Veterans Affairs on property owned or leased and
operated by the department with a nameplate capacity not to
exceed the department's annual electric needs to support the
department's facilities on its property.
(b) Contracts for burial details for veterans.--The
Department of Military and Veterans Affairs may enter into
contracts with a Statewide nonprofit fraternal society that
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represents various veterans' groups or may request the services
of members of the Pennsylvania National Guard for the purpose of
providing the burial details authorized by 51 Pa.C.S. ยง 705
(relating to burial details for veterans). If a contract under
this subsection is executed, the department shall pay an amount
not exceeding $250 for each day that the burial detail is
provided, and no other expenses shall be paid by the department
under the contract. Other terms of the contract shall be in
accordance with 51 Pa.C.S. ยง 705.
(c) Pay of Pennsylvania National Guard and Pennsylvania
Guard.--Notwithstanding any provision of the current Armed
Forces Pay and Allowance Act under 37 U.S.C. (relating to pay
and allowances of the uniformed services) or a successor statute
or 51 Pa.C.S. ยง 3101 (relating to pay of officers and enlisted
personnel on special duty) or 3102 (relating to pay of officers
and enlisted personnel in active State service), the base pay of
members of the Pennsylvania National Guard or Pennsylvania Guard
ordered to duty under 51 Pa.C.S. ยง 3101 or 3102 shall not be
less than $180 per day.
Section 31. Section 1729-E introductory paragraph of the act
is amended and the section is amended by adding a subsection to
read:
Section 1729-E. Department of Human Services.
(a) Appropriations.--The following shall apply to
appropriations for the Department of Human Services:
* * *
(b) Home and Community-Based Services for Individuals with
Intellectual Disabilities Augmentation Account.--
(1) A restricted account is established in the General
Fund to be known as the Home and Community-Based Services for
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Individuals with Intellectual Disabilities Augmentation
Account.
(2) Money in the account shall not lapse.
(3) The following shall be deposited in the account:
(i) The net proceeds of the sale of real property
which served as a state center for individuals with
intellectual disabilities.
(ii) An annual transfer from the General Fund to the
account in accordance with the following:
(A) If the amount of the appropriation for state
centers for individuals with intellectual
disabilities in a fiscal year is less than the amount
of the appropriation for the prior fiscal year, the
Secretary of the Budget shall certify the difference
as the amount to be transferred.
(B) The transfer under this subparagraph shall
be made no later than last day of the first quarter
of a fiscal year.
(iii) Any amounts appropriated or transferred to the
account.
(4) Money in the account is hereby appropriated to the
Department of Human Services to provide home and community-
based supports, including quality direct support professional
capacity, to provide housing supports for individuals with
intellectual disabilities and to provide home and community-
based supports for people on the emergency waiting list as
determined by the department after receiving input from the
Office of Developmental Programs and the Information Sharing
and Advisory Committee.
Section 32. Section 1730-E(c)(2) and (3) of the act are
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amended and the subsection is amended by adding a paragraph to
read:
Section 1730-E. Department of Revenue.
* * *
(c) Military installation remediation program.--
Notwithstanding Chapter 3-A of the act of December 8, 2004
(P.L.1801, No.238), known as the Transit Revitalization
Investment District Act, and any law providing for the
confidentiality of tax records, the following shall apply:
* * *
(2) The qualified authority shall have access to State
or local tax information filed on or after November 27, 2019,
by a qualified business for a designated parcel under section
301-A(a)(4) of the Transit Revitalization Investment District
Act solely for the purpose of documenting the certification
required under Chapter 3-A of the Transit Revitalization
Investment District Act[.] or determining the amount
allocated to any uses specified under section 303-A(a) of the
Transit Revitalization Investment District Act. Any other use
of the tax information described in this subsection shall be
prohibited as provided under law.
(2.1) The following apply to a qualified authority:
(i) The terms of members of the governing body of a
qualified authority serving as of December 31, 2022,
shall terminate on December 31, 2022.
(ii) Notwithstanding 53 Pa.C.S. ยง 5610(a) (relating
to governing body), beginning on January 1, 2023, the
governing body of a qualified authority shall be composed
of the following members, who shall be appointed by the
qualified municipality:
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(A) Five permanent residents of the qualified
municipality.
(B) Two permanent residents of a municipality
that has within its geographic bounds a former
military installation where activities caused per-
and polyfluoroalkyl public drinking water
contamination and which municipality is immediately
adjacent to a qualified municipality.
(iii) The terms of members of the board of the
qualified authority who are appointed under subparagraph
(ii) after December 31, 2022, shall be staggered as
provided under 53 Pa.C.S. ยง 5610.
(3) As used in this [section] subsection, the following
words and phrases shall have the meanings given to them in
this paragraph unless the context clearly indicates
otherwise:
"Military installation remediation project." As defined
in section 103 of the Transit Revitalization Investment
District Act.
"Qualified authority." As defined in section 103 of the
Transit Revitalization Investment District Act.
"Qualified municipality." As defined in section 103 of
the Transit Revitalization Investment District Act.
"Qualified tax." As defined in section 103 of the
Transit Revitalization Investment District Act.
"Qualified taxpayer." As defined in section 103 of the
Transit Revitalization Investment District Act.
Section 33. Sections 1740-E, 1742-E, 1743-E, 1744-E and
1745-E of the act are amended to read:
Section 1740-E. Pennsylvania Infrastructure Investment
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Authority [(Reserved)].
(a) Use of certain Federal funds.--
(1) Federal funds received by the Commonwealth pursuant
to the Infrastructure Investment and Jobs Act of 2021 (Public
Law 117-58) or the Water Infrastructure Improvements for the
Nation Act of 2016 (Public Law 114-322) and which are
appropriated to the Pennsylvania Infrastructure Investment
Authority for water projects under paragraph (2) shall be
administered by the Pennsylvania Infrastructure Investment
Authority in accordance with the Infrastructure Investment
and Jobs Act of 2021 and the Water Infrastructure
Improvements for the Nation Act of 2016.
(2) Paragraph (1) shall apply to Federal funds
appropriated to the Pennsylvania Infrastructure Investment
Authority for the following purposes:
(i) From amounts appropriated from Clean Water State
Revolving Fund for programs to address emerging
contaminants.
(ii) From amounts appropriated from Drinking Water
State Revolving Fund for programs to address lead service
line replacement and emerging contaminants.
(iii) From amounts appropriated for Water
Infrastructure Improvements for the Nation Act of 2016
for programs to address small and underserved communities
and emerging contaminants.
(iv) Other Federal amounts that are made available
under the Infrastructure Investment and Jobs Act of 2021
or the Water Infrastructure Improvements for the Nation
Act of 2016 which are eligible to be awarded as a grant
or principal forgiveness.
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(3) Awards of Federal funds by the Pennsylvania
Infrastructure Investment Authority under paragraph (1) shall
not be subject to the provisions of sections 10(e), 10(i) and
any other conflicting provision of the act of March 1, 1988
(P.L.82, No.16), known as the Pennsylvania Infrastructure
Investment Authority Act.
(4) The Pennsylvania Infrastructure Investment Authority
shall issue guidance on the implementation of paragraphs (1)
and (3).
(b) (Reserved).
Section 1742-E. [Pennsylvania Board of Probation and Parole]
(Reserved).
Section 1743-E. [Pennsylvania Public Television Network
Commission] (Reserved).
Section 1744-E. [Pennsylvania Securities Commission]
(Reserved).
Section 1745-E. [State Tax Equalization Board] (Reserved).
Section 34. The act is amended by adding a section to read:
Section 1754-E. State-related universities.
(a) Appropriations.--The following shall apply to
appropriations to State-related universities:
(1) Money appropriated to State-related universities
shall only be used for costs directly related to the
provision of instruction for graduate and undergraduate
students and costs incurred in providing student-related
services and community outreach services, consistent with the
existing laws of this Commonwealth.
(2) (Reserved).
(b) (Reserved).
Section 35. Section 1795.1-E(c)(3)(i) of the act is amended,
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subsection (b) is amended by adding a paragraph, subsection (c)
(1) is amended by adding a subparagraph and the section is
amended by adding a subsection to read:
Section 1795.1-E. Surcharges.
* * *
(b) Imposition.--
* * *
(3) An additional surcharge of $10 shall be charged and
collected by a division of the unified judicial system. This
paragraph shall expire July 31, 2023. The additional
surcharge under this paragraph shall be deposited into the
Judicial Department Operations Augmentation Account under
subsection (d).
(c) Other surcharge and fees.--
(1) In addition to the fees imposed under 42 Pa.C.S. ยงยง
3733(a.1) and 3733.1 (relating to surcharge), except as set
forth in paragraph (2), the following apply:
* * *
(iv) A surcharge of $11.25 shall be charged and
collected by a division of the unified judicial system.
This subparagraph shall expire July 31, 2023. The
surcharge under this subparagraph shall be deposited into
the Judicial Department Operations Augmentation Account
under subsection (d).
* * *
(3) The following apply:
[(i) The separate reserve account within the
Judicial Computer System Augmentation Account established
under 42 Pa.C.S. ยง 3733.1(c)(1) is continued, and the
surcharge under paragraph (1)(i) shall be deposited into
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the separate reserve account. Notwithstanding 42 Pa.C.S.
ยง 3732 (relating to utilization of funds in account),
money deposited under this paragraph is appropriated to
the Supreme Court, upon compliance with Article XV, for
the operation of the Judicial Department.]
* * *
(d) Judicial Department Operations Augmentation Account.--
The separate reserve account within the Judicial Computer System
Augmentation Account established under the former 42 Pa.C.S. ยง
3733.1(c)(1) is reestablished as a restricted revenue account in
the General Fund to be known as the Judicial Department
Operations Augmentation Account. Notwithstanding 42 Pa.C.S. ยง
3732 (relating to utilization of funds in account), money
deposited in the restricted revenue account is appropriated to
the Supreme Court, upon compliance with Article XV, for the
operation of the Judicial Department.
Section 36. Section 1798.3-E(d) of the act, amended June 30,
2021 (P.L.62, No.24), is amended to read:
Section 1798.3-E. Multimodal Transportation Fund.
* * *
(d) Expiration.--This section shall expire December 31,
[2022] 2023.
Section 37. The act is amended by adding articles to read:
ARTICLE XVII-F.1
2022-2023 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 1701-F.1. Applicability.
Except as specifically provided in this article, this article
applies to the General Appropriation Act of 2022 and all other
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appropriation acts of 2022.
Section 1702-F.1. 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:
"General Appropriation Act of 2022." The act of ,
2022 (P.L. , No. ), known as the General Appropriation Act of
2022.
"Human Services Code." The act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code.
"Most recent Federal decennial census." The population
figures for the most recent Federal decennial census as
published by the Department of General Services in the most
recent Pennsylvania Manual as of the effective date of this
section.
"Public School Code of 1949." The act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
"Secretary." The Secretary of the Budget of the
Commonwealth.
"TANFBG." Temporary Assistance for Needy Families Block
Grant.
Section 1703-F.1. (Reserved).
Section 1704-F.1. (Reserved).
SUBARTICLE B
EXECUTIVE DEPARTMENTS
Section 1711-F.1. Governor (Reserved).
Section 1712-F.1. Executive offices.
The following apply to appropriations for the executive
offices:
(1) The following apply to money appropriated for the
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Pennsylvania Commission on Crime and Delinquency:
(i) No less than the amount used in the 2014-2015
fiscal year shall be used to support the Statewide
Automated Victim Information and Notification System
(SAVIN) to provide offender information through county
jails.
(ii) No less than the amount used in the 2014-2015
fiscal year shall be used for a residential treatment
community facility for at-risk youth located in a county
of the fifth class.
(iii) From the amount appropriated, $400,000 shall
be used for an innovative police data sharing pointer
index system that will allow participating law
enforcement agencies access to incident report data.
(iv) From the amount appropriated, $600,000 shall be
used for a diversion program for first-time nonviolent
offenders facing prison sentences. The diversion program
must include education and employment services, case
management and mentoring.
(v) No less than $3,000,000 shall be available as a
pilot program to offset costs incurred by a city of the
first class and a county of the second class A that is
also a home rule county in connection with hiring
additional assistant district attorneys designated as a
Special United States Attorney by a United States
Attorney's office through participation in the Project
Safe Neighborhoods program and who will exclusively
prosecute crimes under 18 U.S.C. ยง 922(g) (relating to
unlawful acts).
(vi) $500,000 shall be used to support a Statewide
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child predator unit.
(vii) $500,000 shall be used for training and
equipment needs to support improvements in the
identification, investigation and prosecution of 18
Pa.C.S. ยง 6312 (relating to sexual abuse of children).
(viii) $100,000 shall be allocated for criminal
indigent defense training.
(2) From money appropriated for violence and delinquency
prevention programs:
(i) no less than the amount used in the 2014-2015
fiscal year shall be used for programs in a city of the
second class; and
(ii) no less than the amount used in the 2014-2015
fiscal year shall be used for blueprint mentoring
programs that address reducing youth violence in cities
of the first, second and third class with programs in
cities of the second class and third class also receiving
a proportional share of $200,000.
(3) Money appropriated for violence intervention and
prevention shall be used solely to provide grants and
technical assistance to community-based organizations,
institutions of higher education, municipalities, district
attorneys and other entities in accordance with section 1306-
B(b) of the Public School Code of 1949 and notwithstanding
section 1306-B(h)(7) of the Public School Code of 1949 for
programs eligible under section 1306-B(j)(22) of the Public
School Code of 1949.
(4) Money appropriated for county intermediate
punishment shall be distributed to counties for county adult
probation supervision and drug and alcohol and mental health
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treatment programs for offenders sentenced to restrictive
conditions of probation imposed under 42 Pa.C.S. ยง 9763(c) or
(d) (relating to conditions of probation) and are certified
in accordance with 42 Pa.C.S. ยง 2154.1(b) (relating to
adoption of guidelines for restrictive conditions). The
portion of money for drug and alcohol and mental health
treatment programs shall be based on national statistics that
identify the percentage of incarcerated individuals that are
in need of treatment for substance issues but in no case
shall be less than 80% of the amount appropriated.
Section 1713-F.1. Lieutenant Governor (Reserved).
Section 1714-F.1. Attorney General.
The following shall apply to appropriations to the Attorney
General:
(1) From amounts appropriated for a joint local-State
firearm task force in a city of the first class, no more than
20% may be allocated for a district attorney in a city of the
first class.
(2) (Reserved) .
Section 1715-F.1. Auditor General.
The following shall apply to appropriations to the Department
of the Auditor General:
(1) From money appropriated for special financial
audits, $500,000 shall be used for the financial auditing of
entities that receive money through contracts with the
Department of Human Services from money appropriated for
Medical Assistance - Capitation, Medical Assistance Community
HealthChoices, Medical Assistance - Long-term Living, Mental
Health Services or the Intellectual Disabilities - Community
Waiver Program.
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(2) Appropriations made to the Department of Auditor
General shall include funding to conduct an audit of a school
district in which the school board has approved a motion to
request an audit by the Auditor General within the six months
prior to the effective date of this paragraph. The audit
shall be conducted as provided by law. To the extent
possible, the audit shall include a review of the books,
contracts and transactions of the school district, including
those related to Federal and State funding of the school
district for the previous five school years.
Section 1716-F.1. Treasury Department (Reserved).
Section 1717-F.1. Department of Aging (Reserved).
Section 1718-F.1. Department of Agriculture.
The following apply to appropriations for the Department of
Agriculture:
(1) From money appropriated for general government
operations, the following apply:
(i) No less than the amount transferred in the 2014-
2015 fiscal year shall be transferred to the Dog Law
Restricted Account.
(ii) No less than $250,000 shall be used for the
Commission of Agricultural Education Excellence to assist
in development and implementation of agricultural
education programming.
(2) From money appropriated for agricultural
preparedness and response, the following shall apply:
(i) No less than $25,000,000 shall be used for costs
associated with preparing for and responding to an
outbreak of highly pathogenic avian influenza in the form
of grants to assist with income losses and costs
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associated with workforce payroll and benefits, mortgage
interest and rent payments, utility payments, costs of
delayed repopulating and reopening facilities and other
losses or costs associated with response not otherwise
eligible for or covered by Federal funding, insurance,
contracts or other funding sources.
(ii) no less than $6,000,000 shall be used for costs
incurred by the Pennsylvania Animal Diagnostic Laboratory
System in preparing for and responding to an outbreak of
highly pathogenic avian influenza.
(3) From money appropriated for agricultural excellence
programs, no less than $250,000 shall be allocated to the
Center for Beef Excellence for grants to be used for producer
education and physical infrastructure development to increase
the inventory of beef cattle in this Commonwealth.
(4) From money appropriated for agricultural research,
the following apply:
(i) No less than $300,000 shall be used for an
agricultural resource center.
(ii) No less than $100,000 shall be used for
agricultural law research programs, including those
addressing energy development, in conjunction with a
land-grant university.
(5) From money appropriated for hardwoods research and
promotion, at least 80% of the money shall be equally
distributed among the hardwood utilization groups of this
Commonwealth established prior to the effective date of this
section.
(6) Money appropriated for the Animal Health and
Diagnostic Commission shall be equally distributed to the
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animal diagnostic laboratory system laboratories located at a
land grant university and at a school of veterinary medicine
located within this Commonwealth.
Section 1719-F.1. Department of Community and Economic
Development.
The following apply to appropriations for the Department of
Community and Economic Development:
(1) From money appropriated for general government
operations, no less than $1,900,000 shall be used to support
a manufacturing technology development effort, to assist
Pennsylvania small businesses with enhanced cyber security
and to test coal ash refuse extraction of rare earth metals
for domestic chip manufacturing in a county of the fourth
class with a population of at least 143,679 but not more than
144,200, under the most recent Federal decennial census.
(2) (Reserved).
(3) From money appropriated for marketing to attract
tourists:
(i) $4,093,000 to fund the activities of the tourism
office within the department; and
(ii) the remaining money includes an allocation to
be used to plan, market and conduct a series of arts and
cultural activities that generate Statewide and regional
economic impact, and $500,000 shall be used for an annual
Statewide competition serving approximately 2,000
athletes with intellectual disabilities from across this
Commonwealth to be held in a county of the fourth class.
(4) From money appropriated for Pennsylvania First, no
less than $8,000,000 shall be used to fund the Workforce and
Economic Development Network of Pennsylvania (WEDnetPA) for
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workforce training grants provided through an alliance of
educational providers, including, but not limited to, State
System of Higher Education universities, the Pennsylvania
College of Technology and community colleges located in this
Commonwealth.
(5) From money appropriated for Keystone Communities:
(i) $6,377,000 shall be used to fund the Main Street
Program, Elm Street Program, Enterprise Zone Program and
accessible housing. The allocation for the Main Street
Program, Elm Street Program, Enterprise Zone Program and
accessible housing shall be distributed in the same
proportion as amounts allocated in fiscal year 2012-2013.
(ii) The remaining money shall be used for projects
supporting economic growth, community development and
municipal assistance throughout this Commonwealth.
(6) From money appropriated for partnerships for
regional economic performance, the amount of $1,000,000 shall
be distributed on a pro rata basis for grants and other
activities allowed under Department of Community and Economic
Development guidelines in effect for fiscal year 2021-2022.
(7) Notwithstanding section 4(1) of the act of October
11, 1984 (P.L.906, No.179), known as the Community
Development Block Grant Entitlement Program for Nonurban
Counties and Certain Other Municipalities, the Commonwealth
may use up to 3% of the money received pursuant to the
Housing and Community Development Act of 1974 (Public Law 93-
383, 88 Stat. 633) for administrative costs.
(8) Money appropriated for local municipal relief shall
include an allocation to provide State assistance to
individuals, persons or political subdivisions directly
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affected by natural or manmade disasters, public safety
emergencies, other situations that pose a public safety
danger or other situations at the discretion of the
department. State assistance may be limited to grants for
projects that do not qualify for Federal assistance to help
repair damages to primary residences, personal property and
public facilities and structures. Grants shall be made
available for reimbursement in a disaster emergency area only
when a Presidential disaster declaration does not cover the
area or when the department determines that a public safety
emergency has occurred.
Section 1720-F.1. Department of Conservation and Natural
Resources (Reserved).
Section 1721-F.1. Department of Corrections.
The following apply to appropriations for the Department of
Corrections:
(1) From amounts appropriated for general government
operations, no less than $1,750,000 shall be used for
nonnarcotic medication substance use disorder treatment,
which may include the establishment and administration of a
nonnarcotic medication assisted substance abuse treatment
grant program.
(2) Notwithstanding any other provision of law to the
contrary, for the purposes of any program funded under
paragraph (1) and established under 61 Pa.C.S. Ch. 46
(relating to nonnarcotic medication assisted substance abuse
treatment grant pilot program), the term "eligible offender"
means a defendant or inmate convicted of a criminal offense
who will be committed to the custody of the county and who
meets the clinical criteria for an opioid or alcohol use
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disorder as determined by a physician.
Section 1722-F.1. Department of Drug and Alcohol Programs
(Reserved).
Section 1723-F.1. Department of Education.
The following shall apply to appropriations to the Department
of Education:
(1) From money appropriated for general government
operations, no less than $1,500,000 shall be used for an
educational and professional development online course
initiative. The department shall establish a central online
clearinghouse in accordance with the Public School Code of
1949, which shall include an online database of online
courses for students in grades K-12 and online professional
development courses, and to make the clearinghouse accessible
to school entities, nonpublic schools, home education
programs and the general public.
(2) From money appropriated for the Pre-K Counts
Program, the per-student grant award amount for grants made
pursuant to section 1514-D of the Public School Code of 1949
shall be increased by 14.3% over the amount paid in fiscal
year 2021-2022.
(3) From an appropriation for adult and family literacy
programs, summer reading programs and the adult high school
diplomas program. The following apply:
(i) no less than the amount allocated in the 2014-
2015 fiscal year shall be allocated for an after-school
learning program servicing low-income students located in
a county of the sixth class with a population, based on
the most recent Federal decennial census, of at least
60,000 but not more than 70,000; and
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(ii) no less than the amount allocated in the 2016-
2017 fiscal year shall be used for an after-school
learning program servicing low-income students located in
a county of the third class with a population, based on
the most recent Federal decennial census, of at least
320,000 but not more than 321,000.
(4) Notwithstanding any other provision of law, the
appropriation for pupil transportation may not be redirected
for any purpose.
(5) From money appropriated for Pennsylvania Chartered
Schools for Deaf and Blind Children, the following apply:
(i) Upon distribution of the final tuition payment
for the fiscal year, the balance of the appropriation,
excluding amounts under subparagraph (ii), shall be used
to pay the schools' increased share of required
contributions for public school employees' retirement and
shall be distributed pro rata based on each school's
contributions for the prior fiscal year.
(ii) $1,000,000 is included for capital-related
costs and deferred maintenance to be divided equally
between each approved private school.
(6) Notwithstanding any other provision of law, the
amount of money set aside under section 2509.8 of the Public
School Code of 1949 shall be allocated to each approved
private school with a day tuition rate determined to be less
than $32,000 during the 2010-2011 school year. The allocation
shall be no less than the amount allocated in the 2015-2016
fiscal year.
(7) Money appropriated for regional community college
services shall be distributed to each entity that received
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funding in fiscal year 2019-2020 in an amount equal to the
amount it received in that fiscal year and a pro rata share
of $85,000.
(8) Notwithstanding any other provision of law, money
appropriated for community education councils shall be
distributed in a manner that each community education council
which received funding in fiscal year 2021-2022 shall receive
an amount equal to the amount it received in that fiscal year
and a pro rata share of $96,000.
Section 1724-F.1. Department of Environmental Protection
(Reserved).
Section 1725-F.1. Department of General Services.
From money appropriated to the Department of General Services
for Capitol fire protection, the City of Harrisburg shall use
the money to support the provisions of fire services to the
Capitol complex.
Section 1726-F.1. Department of Health.
The following apply to appropriations for the Department of
Health:
(1) From money appropriated for general government
operations, sufficient money is included for the coordination
of donated dental services.
(2) From money appropriated for diabetes programs,
$100,000 shall be allocated for Type I diabetes awareness,
education and outreach.
(3) From money appropriated for primary health care
practitioner, the following apply:
(i) No less than $3,451,000 shall be used for
Primary Care Loan Repayment Grant Awards.
(ii) No less than $1,500,000 shall be used for the
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Pennsylvania Academy of Family Physicians Residency
Program.
(iii) Grantees other than as provided under
subparagraphs (i) and (ii) that received amounts in the
2021-2022 fiscal year shall receive the amount each
grantee received in the 2021-2022 fiscal year and a pro
rata allocation of $558,000.
(4) Money appropriated for services for children with
special needs shall be distributed to grantees in the same
proportion as distributed in fiscal year 2019-2020.
(5) From money appropriated for adult cystic fibrosis
and other chronic respiratory illnesses, the following apply:
(i) No less than $212,000 shall be used for a
program promoting cystic fibrosis research in a county of
the second class.
(ii) No less than $106,000 shall be used for
research related to childhood cystic fibrosis in a city
of the first class with a hospital that is nationally
accredited as a cystic fibrosis treatment center and
specializes in the treatment of children.
(iii) Any money not used under subparagraph (i) or
(ii) shall be distributed to grantees in the same
proportion as distributed in fiscal year 2019-2020.
(6) Money appropriated for diagnosis and treatment for
Cooley's anemia shall be distributed to grantees in the same
proportion as distributed in fiscal year 2019-2020.
(7) Money appropriated for hemophilia services shall be
distributed to grantees in the same proportion as distributed
in fiscal year 2019-2020.
(8) Money appropriated for lupus programs shall be
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distributed proportionately to each entity that received
funding in fiscal year 2018-2019.
(9) From money appropriated for sickle cell anemia
services, including camps for children with sickle cell
anemia, the following shall apply:
(i) Grantees which received amounts in fiscal year
2019-2020 shall receive an amount which is in the same
proportion as distributed in fiscal year 2019-2020.
(ii) $75,000 shall be distributed to a qualifying
academic medical center located in a county of the third
class with a population between 260,000 and 270,000 under
the most recent Federal decennial census for expanded
care of adult sickle cell disease.
(10) Money appropriated for Lyme disease includes
$930,000 for costs related to free tick testing for residents
performed in conjunction with a university that is part of
the State System of Higher Education, including outreach and
marketing.
(11) Money appropriated for biotechnology research shall
include allocations for regenerative medicine research, for
regenerative medicine medical technology, for hepatitis and
viral research, for drug research and clinical trials related
to cancer, pulmonary embolism and deep vein thrombosis, for
genetic and molecular research for disease identification and
eradication, for vaccine immune response diagnostics, for
nanotechnology and for the commercialization of applied
research.
(12) From the appropriation for leukemia/lymphoma, the
entire amount shall be allocated to a branch of an eastern
Pennsylvania chapter of a nonprofit organization, where the
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branch is located within a city of the third class that is
located in two counties of the third class, dedicated to
awareness, education, patient assistance and outreach related
to blood cancer.
Section 1727-F.1. Insurance Department (Reserved).
Section 1728-F.1. Department of Labor and Industry.
The following apply to appropriations to the Department of
Labor and Industry:
(1) From money appropriated for Industry Partnerships,
no less than the amount allocated in the 2014-2015 fiscal
year shall be used for a work force development program that
links veterans with employment in a home rule county that was
formerly a county of the second class A.
(2) (Reserved).
Section 1729-F.1. Department of Military and Veterans Affairs
(Reserved).
Section 1730-F.1. Department of Human Services.
The following apply to appropriations for the Department of
Human Services:
(1) From money appropriated for mental health services
or from Federal money, $580,000 shall be used for the
following:
(i) The operation and maintenance of a network of
web portals that provide comprehensive referral services,
support and information relating to early intervention,
prevention and support for individuals with mental health
or substance abuse issues, county mental health offices,
providers and others that provide mental and behavioral
health treatment and related services.
(ii) The expansion of the existing web portals,
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including services and resources for military veterans
and their families, including comprehensive referral
services for transitional, temporary and permanent
housing, job placement and career counseling and other
services for military veterans returning to civilian
life.
(2) (Reserved).
(3) Subject to the availability of Federal money and
eligibility under Federal TANFBG rules, grantees who operated
within the PA WorkWear program in the prior fiscal year and
who remain in operation shall be offered a grant for the
fiscal year to continue service delivery under substantially
similar terms as previous PA WorkWear grants unless both
parties agree to alternate terms. Nothing in this paragraph
shall prohibit the Department of Human Services from offering
a grant to a prospective PA WorkWear provider to replace a
prior grantee who chooses not to continue to operate in the
program.
(4) From money appropriated for medical assistance
capitation:
(i) No less than the amount used in the 2014-2015
fiscal year shall be used for prevention and treatment of
depression and its complications in older Pennsylvanians
in a county of the second class.
(ii) Subject to Federal approval as may be necessary
and contingent on Federal financial participation,
sufficient funds are included to provide rates for
ambulance transportation at the following amounts,
beginning on January 1, 2023:
(A) For basic life support, not less than $325
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per loaded trip.
(B) For advanced life support, not less than
$400 per loaded trip.
(C) For ground mileage, not less than $4 per
mile for each loaded mile beyond 20 loaded miles.
(5) The following shall apply to amounts appropriated
for medical assistance fee-for-service:
(i) Payments to hospitals for Community Access Fund
grants shall be distributed under the formulas utilized
for these grants in fiscal year 2014-2015. If the total
funding available under this subparagraph is less than
that available in fiscal year 2014-2015, payments shall
be made on a pro rata basis.
(ii) Amounts allocated from money appropriated for
fee-for-service used for the SelectPlan for Women's
preventative health services shall be used for women's
medical services, including noninvasive contraception
supplies.
(iii) Notwithstanding any other law, money
appropriated for medical assistance payments for fee-for-
service care, exclusive of inpatient services provided
through capitation plans, shall include sufficient money
for two separate All Patient Refined Diagnostic Related
Group payments for inpatient acute care general hospital
stays for:
(A) normal newborn care; and
(B) mothers' obstetrical delivery.
(iv) No less than $330,000 shall be used for cleft
palates and other craniofacial anomalies.
(v) No less than $800,000 shall be distributed to a
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hospital for clinical ophthalmologic services located in
a city of the first class.
(vi) No less than $700,000 shall be distributed for
improvements to an acute care hospital located in a city
of the first class.
(vii) No less than $5,000,000 shall be distributed
to a hospital in a city of the third class in a home rule
county that was formerly a county of the second class A,
provided that services and specialties available on the
effective date of this paragraph must remain available
until July 1, 2023, and compliance with any other
requirements imposed by the Department of Human Services.
The Department of Human Services may recoup funds from
any hospital failing to meet the conditions under this
paragraph.
(viii) No less than $2,000,000 shall be distributed
to a university located in a city of the first class to
research the impact of trauma-informed programs on
community violence prevention and health disparities.
(ix) No less than $3,000,000 shall be distributed to
an enrolled outpatient therapy service provider located
in a city of the second class in a county of the second
class that provides behavioral health and medical
rehabilitation pediatric outpatient services.
(x) No less than $2,500,000 shall be distributed to
an acute care hospital in a city of the third class with
a population between 14,000 and 15,000 according to the
most recent Federal decennial census in a county of the
third class with a population between 360,000 and 370,000
according to the most recent Federal decennial census.
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(xi) Subject to Federal approval as may be necessary
and contingent on Federal financial participation,
sufficient funds are included to provide rates for
ambulance transportation at the following amounts,
beginning on January 1, 2023:
(A) For basic life support, not less than $325
per loaded trip.
(B) For advanced life support, not less than
$400 per loaded trip.
(C) For ground mileage, not less than $4 per
mile for each loaded mile beyond 20 loaded miles.
(6) To supplement the money appropriated to the
department for medical assistance for workers with
disabilities, in addition to the monthly premium under
section 1503(b)(1) of the act of June 26, 2001 (P.L.755,
No.77), known as the Tobacco Settlement Act, the department
may adjust the percentage of the premium upon approval of the
Centers for Medicare and Medicaid Services as authorized
under Federal requirements. Failure to make payments in
accordance with this paragraph or section 1503(b)(1) of the
Tobacco Settlement Act shall result in the termination of
medical assistance coverage.
(7) Qualifying physician practice plans that received
money for fiscal year 2017-2018 shall not receive less than
the State appropriation made available to those physician
practice plans during fiscal year 2017-2018.
(8) Federal or State money appropriated under the
General Appropriation Act of 2022 in accordance with 35
Pa.C.S. ยง 8107.3 (relating to funding) not used to make
payments to hospitals qualifying as Level III trauma centers
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or seeking accreditation as Level III trauma centers shall be
used to make payments to hospitals qualifying as Levels I and
II trauma centers.
(9) Qualifying academic medical centers that received
money for fiscal year 2017-2018 shall receive the same amount
from the State appropriation made available to those academic
medical centers during fiscal year 2017-2018.
(10) Money appropriated for medical assistance
transportation shall only be utilized as a payment of last
resort for transportation for eligible medical assistance
recipients.
(11) The following shall apply:
(i) Money appropriated for women's service programs
grants to nonprofit agencies whose primary function is to
promote childbirth and provide alternatives to abortion
shall be expended to provide services to women until
childbirth and for up to 12 months thereafter, including
food, shelter, clothing, health care, counseling,
adoption services, parenting classes, assistance for
postdelivery stress and other supportive programs and
services and for related outreach programs. Agencies may
subcontract with other nonprofit entities that operate
projects designed specifically to provide all or a
portion of these services. Projects receiving money
referred to in this subparagraph shall not promote, refer
for or perform abortions or engage in any counseling
which is inconsistent with the appropriation referred to
in this subparagraph and shall be physically and
financially separate from any component of any legal
entity engaging in such activities.
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(ii) Federal money appropriated for TANFBG
Alternatives to Abortion shall be utilized solely for
services to women whose gross family income is below 185%
of the Federal poverty guidelines.
(12) From money appropriated for medical assistance
long-term living:
(i) No less than the amount distributed in the 2014-
2015 fiscal year shall be distributed to a county nursing
home located in a home rule county that was formerly a
county of the second class A with more than 725 beds and
a Medicaid acuity at 0.79 as of August 1, 2015.
(ii) No less than the amount used in the 2020-2021
fiscal year shall be distributed to a nonpublic nursing
home located in a county of the first class with more
than 395 beds and a Medicaid acuity at 1.15 as of August
1, 2021, to ensure access to necessary nursing care in
that county.
(iii) $5,000,000 shall be distributed to a nonpublic
nursing home located in a county of the eighth class with
more than 119 beds and a Medicaid acuity at 1.07 as of
August 1, 2021, to ensure access to necessary nursing
home care in that county.
(iv) An additional $500,000 shall be paid in equal
payments to nursing facilities which remain open as of
the effective date of this section that qualified for
supplemental ventilator care and tracheostomy care
payments in fiscal year 2014-2015 with a percentage of
medical assistance recipient residents who required
medically necessary ventilator care or tracheostomy care
greater than 90%.
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(v) Subject to Federal approval of necessary
amendments of the Title XIX State Plan, $16,000,000 is
allocated for medical assistance day-one incentive
payments to qualified nonpublic nursing facilities under
methodology and criteria under section 443.1(7)(vi) of
the Human Services Code. The Department of Human Services
shall determine a nonpublic nursing facility's overall
and medical assistance occupancy rate to qualify for a
medical assistance day-one incentive payment for the
fiscal year based on a nursing facility's resident day
quarter ending December 31, 2019, for the first of two
payments and a nursing facility's resident day quarter
ending March 31, 2020, for the second of two payments.
(vi) No less than $500,000 shall be allocated to a
special rehabilitation facility in peer group number 13
in a city of the third class with a population between
115,000 and 120,000 based upon the most recent Federal
decennial census.
(vii) Subject to Federal approval, sufficient funds
are included to provide a 17.5% annualized rate increase
effective January 1, 2023, that is calculated in
accordance with section 443.1 of the Human Services Code
and 55 Pa. Code Chs. 1187 (relating to nursing facility
services) and 1189 (relating to county nursing facility
services), including for costs associated with compliance
with section 443.13 of the Human Services Code.
(13) From money appropriated for Medical Assistance
Community HealthChoices, subject to Federal approval,
sufficient funds are included to make payments with dates of
service beginning January 1, 2023, in accordance with section
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443.1(7)(iv.1) of the Human Services Code.
(14) From money appropriated for autism intervention and
services:
(i) $600,000 shall be allocated to a behavioral
health facility located in a county of the fifth class
with a population between 130,000 and 135,000 under the
most recent Federal decennial census and shall be
distributed to a health system that operates both a
general acute care hospital and a behavioral health
facility that has a center for autism and developmental
disabilities located in a county of the fifth class with
a population between 130,000 and 135,000 under the most
recent Federal decennial census;
(ii) $300,000 shall be allocated to an institution
of higher education that provides autism education and
diagnostic curriculum located in a city of the first
class that operates a center for autism in a county of
the second class A;
(iii) $300,000 shall be allocated to an institution
of higher education that provides autism education and
diagnostic curriculum and is located in a county of the
second class;
(iv) no less than the amount distributed in the
2014-2015 fiscal year shall be allocated for programs to
promote the health and fitness of persons with
developmental disabilities located in a city of the first
class;
(v) $500,000 shall be allocated for the expansion of
an adult autism program in a county of the third class;
and
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(vi) $600,000 shall be allocated for an entity that
provides alternative educational services to individuals
with autism and developmental disabilities in the county
which was most recently designated as a county of the
second class A.
(15) (Reserved).
(16) From money appropriated for child-care services, no
less than $25,000,000 shall be allocated to apply an income
limit for subsidized child care during redetermination of
eligibility to no more than 300% of the Federal poverty
income guidelines or 85% of the State median income,
whichever is lower. Notwithstanding any other provision of
law, the department shall determine copayment amounts for
family incomes above 235% of the Federal poverty income
guidelines in order to support economic self-sufficiency. The
department shall transmit notice of the copayment schedule to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(17) (Reserved).
(18) Money appropriated for breast cancer screening may
be used for women's medical services, including noninvasive
contraception supplies.
(19) From the appropriation for 2-1-1 Communications,
$750,000 shall be allocated for a Statewide 2-1-1 System
Grant Program.
(20) The appropriation for services for the visually
impaired includes the following:
(i) an allocation of $3,084,000 for a Statewide
professional services provider association for the blind
to provide training and supportive services for
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individuals who are blind and preschool vision screenings
and eye safety education; and
(ii) an allocation of $618,000 to provide
specialized services and prevention of blindness services
in cities of the first class.
(21) The provisions of 8 U.S.C. ยงยง 1611 (relating to
aliens who are not qualified aliens ineligible for Federal
public benefits), 1612 (relating to limited eligibility of
qualified aliens for certain Federal programs) and 1642
(relating to verification of eligibility for Federal public
benefits) shall apply to payments and providers.
(22) The following duty shall apply:
(i) The Secretary of Human Services shall report on
a quarterly basis in person to the secretary, 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
information documenting each of the following State
appropriations and their associated Federal
appropriations:
(A) Medical Assistance - Capitation.
(B) Medical Assistance - Fee-for-Service.
(C) Payment to Federal Government - Medicare
Drug Program.
(D) Medical Assistance - Workers with
Disabilities.
(E) Medical Assistance - Long-Term Living.
(F) Medical Assistance - Community
HealthChoices.
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(G) Long-Term Care Managed Care.
(H) Intellectual Disabilities - Intermediate
Care Facilities.
(I) Intellectual Disabilities - Community Waiver
Program.
(J) Autism Intervention and Services.
(K) Early Intervention.
(ii) The information included in a report under
subparagraph (i) shall include the following:
(A) Number of enrollees by month.
(B) Average cost per enrollee.
(C) Required payment amounts by appropriation
during the fiscal year.
(D) Revised estimate of the money needed by
appropriation to make required payments for the
remainder of the fiscal year.
(iii) If revised estimates under subparagraph (ii)
(D) indicate supplemental money may be necessary, the
secretary shall provide a detailed explanation, in
writing, of the reasons the revised estimates differ from
the General Appropriation Act of 2022, or information
provided previously under this paragraph.
(23) The Department of Human Services shall not add non-
medically necessary services to the Medical Assistance
Program that would result in the need for a supplemental
appropriation without the approval of the General Assembly.
Each proposed service shall be outlined in the Governor's
Executive Budget or subsequent updates provided in writing to
the General Assembly.
(24) Of the funding appropriated for COVID Relief - ARPA
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- Adult Mental Health Programs, no funding shall be expended
until enabling legislation is enacted by the General
Assembly.
Section 1731-F.1. Department of Revenue (Reserved).
Section 1732-F.1. Department of State (Reserved).
Section 1733-F.1. Department of Transportation.
The following shall apply to appropriations for the
Department of Transportation:
(1) From money appropriated for infrastructure projects,
$1,900,000 shall be allocated for costs related to capital
equipment for a rural transit service headquartered in this
Commonwealth that provides intercity line-run service with at
least six different line runs.
(2) (Reserved).
Section 1734-F.1. Pennsylvania State Police (Reserved).
Section 1735-F.1. Pennsylvania Emergency Management Agency.
The following shall apply to appropriations for the
Pennsylvania Emergency Management Agency:
(1) Money appropriated for search and rescue programs
shall be used to support programs related to training working
service dogs focusing on rescue and public safety.
(2) Money appropriated for the State Fire Commissioner
includes funding for a Statewide recruitment and retention
coordinator and regional technical advisors to develop,
implement and deliver recruitment and retention training
programs and provide technical assistance to local fire
organizations and local governments.
(3) Money appropriated for State disaster assistance
shall be used to provide individual disaster recovery
assistance to assist in the recovery from emergencies and
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non-federally declared disasters. Amounts under this
paragraph may be used for critical needs assistance and to
repair damage to residential properties not compensated by
insurance or any other funding sources. The agency shall
publish guidelines to implement this paragraph.
Section 1736-F.1. State-related universities.
The following shall apply to appropriations for State-related
universities:
(1) Representatives from a State-related university
which receives funding under the act of , (P.L. , No. ) known
as the State-related University Nonpreferred Appropriation
Act of 2022, shall appear before the Appropriations Committee
of the Senate and the Appropriations Committee of the House
of Representatives no fewer than three times during the
fiscal year.
(2) Every tuition invoice that includes a discount due
to money appropriated under the State-related University
Nonpreferred Appropriation Act of 2022 shall specify that the
funding for the discount comes from money appropriated by the
General Assembly.
Section 1737-F.1. State System of Higher Education (Reserved).
Section 1738-F.1. Pennsylvania Higher Education Assistance
Agency.
The following shall apply to appropriations for the
Pennsylvania Higher Education Assistance Agency:
(1) The Pennsylvania Higher Education Assistance Agency
shall allocate $500,000 from the Higher Education Assistance
Fund for the Cheyney University Keystone Academy.
(2) From money appropriated for payment of education
assistance grants, the amount of $1,000,000 shall be
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allocated to a State-owned university located in Tioga County
for merit scholarships.
(3) From money appropriated for Pennsylvania Internship
Program grants, funds may be used for internship and seminar
programs.
Section 1739-F.1. Thaddeus Stevens College of Technology.
The following shall apply to appropriations for the Thaddeus
Stevens College of Technology:
(1) From funds appropriated for Thaddeus Stevens College
of Technology, the President of the college shall cause to be
prepared and submitted to the President Pro Tempore of the
Senate, the Speaker of the House of Representatives , the
Majority Leader and the Minority Leader of Senate, the
Majority Leader and the Minority Leader of the House of
Representatives, the chairperson and minority chairperson of
the Education Committee of the Senate, the chairperson and
minority chairperson of the Education Committee of the House
of Representatives and the Secretary of Education a
comprehensive report outlining the use of funds appropriated,
to specifically include the strategies and use of funds to
expand student enrollment.
(2) (Reserved).
Section 1740-F.1. Pennsylvania Historical and Museum Commission
(Reserved).
Section 1741-F.1. Environmental Hearing Board (Reserved).
Section 1742-F.1. Health Care Cost Containment Council
(Reserved).
Section 1743-F.1. State Ethics Commission (Reserved).
Section 1744-F.1. Commonwealth Financing Authority.
Notwithstanding any provision of law or guidelines to the
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contrary, for the purposes of the Statewide Local Share Account
Program, the Department of Community and Economic Development
may not deem an application ineligible if it is for a project
where a down payment was required and the applicant made the
down payment after the application submission date. This section
shall apply regardless of when a purchase agreement was
executed.
SUBARTICLE C
STATE GOVERNMENT SUPPORT AGENCIES
Section 1751-F.1. Legislative Reference Bureau (Reserved).
Section 1752-F.1. Legislative Budget and Finance Committee
(Reserved).
Section 1753-F.1. Legislative Data Processing Committee
(Reserved).
Section 1754-F.1. Joint State Government Commission (Reserved).
Section 1755-F.1. Local Government Commission (Reserved).
Section 1756-F.1. Legislative Audit Advisory Commission
(Reserved).
Section 1757-F.1. Independent Regulatory Review Commission
(Reserved).
Section 1758-F.1. Capitol Preservation Committee (Reserved).
Section 1759-F.1. Pennsylvania Commission on Sentencing
(Reserved).
Section 1760-F.1. Center for Rural Pennsylvania (Reserved).
Section 1761-F.1. Commonwealth Mail Processing Center
(Reserved).
Section 1762-F.1. Legislative Reapportionment Commission
(Reserved).
Section 1763-F.1. Independent Fiscal Office (Reserved).
SUBARTICLE D
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JUDICIAL DEPARTMENT
Section 1771-F.1. Supreme Court (Reserved).
Section 1772-F.1. Superior Court (Reserved).
Section 1773-F.1. Commonwealth Court (Reserved).
Section 1774-F.1. Courts of common pleas (Reserved).
Section 1775-F.1. Community courts; magisterial district judges
(Reserved).
Section 1776-F.1. Philadelphia Municipal Court (Reserved).
Section 1777-F.1. Judicial Conduct Board (Reserved).
Section 1778-F.1. Court of Judicial Discipline (Reserved).
Section 1779-F.1. Juror cost reimbursement (Reserved).
Section 1780-F.1. County court reimbursement (Reserved).
SUBARTICLE E
GENERAL ASSEMBLY
(Reserved)
ARTICLE XVII-F.2
2022-2023 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
Section 1701-F.2. Applicability.
Except as specifically provided in this article, this article
applies to the act of , 2022 (P.L. , No. ), known as
the General Appropriation Act of 2022, and all other
appropriation acts of 2022.
Section 1702-F.2. 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:
"General Appropriation Act of 2022. " The act of , 2022
(P.L. , No. ), known as the General Appropriation Act of 2022.
"Most recent Federal decennial census." The population
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figures for the most recent Federal decennial census as
published by the Department of General Services in the most
recent Pennsylvania Manual as of the effective date of this
section.
Section 1703-F.2. State Lottery Fund.
The following apply:
(1) Money appropriated for PENNCARE shall not be
utilized for administrative costs by the Department of Aging.
(2) (Reserved).
Section 1704-F.2. Tobacco Settlement Fund (Reserved).
Section 1705-F.2. Judicial Computer System Augmentation Account
(Reserved).
Section 1706-F.2. Emergency Medical Services Operating Fund
(Reserved).
Section 1707-F.2. The State Stores Fund (Reserved).
Section 1708-F.2. Motor License Fund.
The following shall apply to appropriations from the Motor
License Fund:
(1) From money appropriated to the Department of
Transportation for municipal traffic signals, $5,000,000
shall be used by the Department of Transportation to provide
grants to municipalities to install and maintain traffic
signal technologies at traffic control signals which will be
connected to a central location using the Commonwealth
communications network. Municipalities shall not be required
to provide matching funds as a condition of receiving a grant
under this paragraph. The following traffic signal
technologies shall be eligible for a grant under this
paragraph:
(i) A system that synchronizes and times traffic
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signals.
(ii) Adaptive signal control technology that
utilizes sensors to monitor traffic flow, vehicle delay
and queues in order to optimize the timing plan of the
traffic signal in real time.
(iii) Controller, detection and communication
technology to support traffic signal timing and
synchronization updates using automated traffic signal
performance measures.
(iv) Controller and communication technology to
support unified command and control.
(2) (Reserved).
Section 1709-F.2. Aviation Restricted Account (Reserved).
Section 1710-F.2. Hazardous Material Response Fund (Reserved).
Section 1711-F.2. Milk Marketing Fund (Reserved).
Section 1712-F.2. HOME Investment Trust Fund (Reserved).
Section 1713-F.2. Tuition Account Guaranteed Savings Program
Fund (Reserved).
Section 1714-F.2. Banking Fund (Reserved).
Section 1715-F.2. Firearm Records Check Fund (Reserved).
Section 1716-F.2. Ben Franklin Technology Development Authority
Fund (Reserved).
Section 1717-F.2. Oil and Gas Lease Fund (Reserved).
Section 1718-F.2. Home Improvement Account (Reserved).
Section 1719-F.2. Cigarette Fire Safety and Firefighter
Protection Act Enforcement Fund (Reserved).
Section 1720-F.2. Insurance Regulation and Oversight Fund
(Reserved).
Section 1721-F.2. Pennsylvania Race Horse Development
Restricted Receipts Account (Reserved).
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Section 1722-F.2. Justice Reinvestment Fund (Reserved).
Section 1723-F.2. Multimodal Transportation Fund (Reserved).
Section 1724-F.2. State Racing Fund (Reserved).
Section 1725-F.2. ABLE Savings Program Fund (Reserved).
Section 1726-F.2. Tourism Promotion Fund (Reserved).
Section 1727-F.2. Enhanced Revenue Collection Account
(Reserved).
Section 1728-F.2. (Reserved).
Section 1729-F.2. Opioid Settlement Restricted Account.
From money appropriated from the Opioid Settlement Restricted
Account, the sum of $1,000,000 shall be distributed to Office of
the District Attorney in a county of the third class with a
population between 349,000 and 350,000 under the most recent
Federal decennial census.
Section 1730-F.2. COVID-19 Response Restricted Account
(Reserved).
Section 1731-F.2. Pennsylvania Preferred ยฎ Trademark Licensing
Fund.
Notwithstanding 3 Pa.C.S. ยง 4616 (relating to Pennsylvania
Preferredยฎ Trademark Licensing Fund), the Department of
Agriculture may use money deposited into the Pennsylvania
Preferredยฎ Trademark Licensing Fund to promote one or more of
the funding objectives under 3 Pa.C.S. ยง 4616(c) through the
awarding of grants.
Section 1732-F.2. Agricultural Conservation Easement Purchase
Fund.
In addition to the uses provided in section 7.3 of the act of
June 18, 1982 (P.L.549, No.159), entitled "An act p roviding for
the administration of certain Commonwealth farmland within the
Department of Agriculture," the department may use up to a total
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of $165,000 in the Agricultural Conservation Easement Purchase
Fund under section 7.1 of the act of June 18, 1982 (P.L.549,
No.159), entitled "An act providing for the administration of
certain Commonwealth farmland within the Department of
Agriculture," to issue grants not to exceed $5,000 each for
succession planning to ensure that agricultural operations
continue on land subject to agricultural conservation easements.
The department, in consultation with the State Agricultural Land
Preservation Board, shall establish eligibility criteria for
awarding grants under this section.
Section 1733-F.2. Restricted receipt accounts.
(a) Authority.--The Secretary of the Budget may create
restricted receipt accounts for the purpose of administering
Federal grants only for the purposes designated in this section.
(b) Department of Community and Economic Development.--The
following restricted receipt accounts may be established for the
Department of Community and Economic Development:
(1) ARC Housing Revolving Loan Program.
(2) (Reserved).
(c) Department of Conservation and Natural Resources.--The
following restricted receipt accounts may be established for the
Department of Conservation and Natural Resources:
(1) Federal Aid to volunteer fire companies.
(2) Land and Water Conservation Fund Act of 1965 (Public
Law 88-578, 16 U.S.C. ยง 460l-4 et seq.).
(3) National Forest Reserve Allotment.
(d) Department of Education.--The following restricted
receipt accounts may be established for the Department of
Education:
(1) Education of the Disabled - Part C.
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(2) LSTA - Library Grants.
(3) The Pennsylvania State University Federal Aid.
(4) Emergency Immigration Education Assistance.
(5) Education of the Disabled - Part D.
(6) Homeless Adult Assistance Program.
(7) Severely Handicapped.
(8) Medical Assistance Reimbursements to Local Education
Agencies.
(e) Department of Environmental Protection.--The following
restricted receipt accounts may be established for the
Department of Environmental Protection:
(1) Federal Water Resources Planning Act.
(2) Flood Control Payments.
(3) Soil and Water Conservation Act - Inventory of
Programs.
(f) Department of Drug and Alcohol Programs.--The following
restricted receipt accounts may be established for the
Department of Drug and Alcohol Programs:
(1) Share Loan Program.
(2) (Reserved).
(g) Department of Transportation.--The following restricted
receipt accounts may be established for the Department of
Transportation:
(1) Capital Assistance Elderly and Handicapped Programs.
(2) Railroad Rehabilitation and Improvement Assistance.
(3) Ridesharing/Van Pool Program - Acquisition.
(h) Pennsylvania Emergency Management Agency.--The following
restricted receipt accounts may be established for the
Pennsylvania Emergency Management Agency:
(1) Receipts from Federal Government - Disaster Relief -
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Disaster Relief Assistance to State and Political
Subdivisions.
(2) (Reserved).
(i) Pennsylvania Historical and Museum Commission.--The
following restricted receipt accounts may be established for the
Pennsylvania Historical and Museum Commission:
(1) Federal Grant - National Historic Preservation Act.
(2) (Reserved).
(j) Executive offices.--The following restricted receipt
accounts may be established for the executive offices:
(1) Retired Employees Medicare Part D.
(2) Justice Assistance.
(3) Juvenile Accountability Incentive.
(4) Early Retiree Reinsurance Program.
Section 1734-F.2. Fund transfers.
(a) Transfer to Environmental Stewardship Fund.--From money
received under the authority of Article III of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the
sum of $12,317,000 shall be transferred to the Environmental
Stewardship Fund.
(b) Applicability.--Section 1795.2-E shall not apply to
fiscal year 2022-2023.
Section 38. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 1721-E(a)(2) and (3) of the act.
(2) Section 29 of the act of June 30, 2021 (P.L.260,
No.59), is repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the amendment of
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section 1728-E(b) of the act.
(4) 51 Pa.C.S. ยง 705(b) is repealed.
(5) The General Assembly declares that the repeal under
paragraph (6) is necessary to effectuate the addition of
section 1730-E(c)(2.1) of the act.
(6) Section 305-A(a) and (b) of the act of December 8,
2004 (P.L.1801, No.238), known as the Transit Revitalization
Investment District Act, is repealed insofar as it is
inconsistent with section 1730-E(c)(2.1) of the act.
Section 39. The following shall apply retroactively to July
1, 2022:
(1) The repeal of section 111-C(g) of the act.
(2) The addition of Subarticle A of Article XVII-A.2 of
the act.
(3) The addition of section 1722-E(f) and (g) of the
act.
(4) The amendment of section 1740-E of the act.
(5) The addition of section 1754-E of the act.
(6) The addition of Articles XVII-F.1 and XVII-F.2 of
the act.
Section 40. This act shall take effect immediately.
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