Amendment 3358 to House Bill 1300 P.N. 2107, Regular Session 2023-2024

H1300B2107A03358 AJB:JMT 12/13/23 #90 A03358

AMENDMENTS TO HOUSE BILL NO. 1300

Sponsor: SENATOR PITTMAN

Printer's No. 2107

Amend Bill, page 1, lines 1 through 31; pages 2 through 6,

lines 1 through 30; page 7, lines 1 through 11; by striking out

all of said lines on said pages and inserting

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

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

declined and unclaimed allocations; providing for 911

emergency communication services and for institutions of

purely public charity; in Department of Revenue, providing

for exclusion from classes of income; providing for indigent

defense; in oil and gas wells, further providing for Oil and

Gas Lease Fund; in transportation network companies, motor

carrier companies and parking authority of a city of the

first class, providing for designated municipal agent and

authorized salvor for city of the first class; in human

services, providing for medical assistance dental services

and packages; providing for Attorney General, for

Pennsylvania Long-Term Care Council, for Pennsylvania child

and dependent care enhancement tax credit program and for

additional keystone opportunity expansion zones; in special

funds, further providing for funding; in additional special

funds and restricted accounts, further providing for

establishment of special fund and account, for use of fund

and for distributions from Pennsylvania Race Horse

Development Fund and repealing provisions relating to

Enhanced Revenue Collection Account; in additional special

funds and restricted accounts, further providing for

definitions, for Sports Tourism and Marketing Account and for

transfer of funds and providing for Service and

Infrastructure Improvement Fund; in general budget

implementation, further providing for executive offices, for

Department of Agriculture, for Department of Community and

Economic Development, for Department of Conservation and

Natural Resources, for Department of Health, for Department

of Human Services and for Pennsylvania State Police,

providing for Commonwealth Financing Authority, further

providing for Federal and Commonwealth use of forest land and

for Multimodal Transportation Fund and repealing provisions

relating to sales by distilleries; providing for 2023-2024

budget implementation, for 2023-2024 restrictions on

appropriations for funds and accounts, for 2023-2024 fund

transfers and for prior year appropriations; making repeals;

and making an editorial change.

The General Assembly finds and declares as follows:

(1) The intent of this act is to provide for the

implementation of the 2023-2024 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

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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

sources of funding and enactment of statutes to achieve full

compliance with these constitutional provisions.

(6) For the reasons under 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 2023-2024

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 2023-2024 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 August 3, 2023 (P.L. , No.1A), known as the General

Appropriation Act of 2023.

Amend Bill, page 7, lines 14 through 30; pages 8 through 259,

lines 1 through 30; page 260, lines 1 through 8; by striking out

all of said lines on said pages and inserting

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

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

Section 148-C. Declined and unclaimed allocations.

The following provisions apply to Federal money appropriated

or approved by an executive authorization to the Department of

Education from the American Rescue Plan Act of 2021 (Public Law

117-2, 135 Stat. 4) or the Consolidated Appropriations Act, 2021

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(Public Law 116-260, 134 Stat. 1182), respectively, for local

education agencies:

(1) Within 30 days of the effective date of this

section, the Department of Education shall notify each local

education agency to determine whether the local education

agency intends to decline money allocated to the local

education agency under the American Rescue Plan Act of 2021

or the Consolidated Appropriations Act, 2021, or both, as

applicable.

(2) The notice shall state the amount of money allocated

to the local education agency and direct the local education

agency to respond, within 60 days of the notice, as to

whether the local education agency intends to decline the

allocation.

(3) If the local education agency fails to respond as

directed in the notice, the Department of Education may deem

that the money allocated to the local education agency is

unclaimed.

(4) The Department of Education shall calculate the

amount of money declined and unclaimed by all local education

agencies and shall report to the Secretary of the Budget the

aggregate amount, the appropriations from which the money was

appropriated and the amount that needs to be deducted from

each appropriation in order to equal the aggregate amount.

(5) After receipt of the report, the Secretary of the

Budget shall establish a restricted account and transfer to

the restricted account a sum equal to the aggregate amount,

not to exceed $26,000,000, and shall deduct the proper amount

from the appropriations identified under paragraph (4). The

money of the restricted account is appropriated on a

continuing basis to the Department of Education for the

purpose specified in paragraph (6).

(6) The Department of Education may use money in the

restricted account to provide performance monitoring of

grant-funded operations and to ensure compliance with

achievement and performance goals as required under 2 CFR Pt.

200 Subpt. D (relating to post federal award requirements).

(7) The Department of Education shall prepare and make a

report available on its publicly accessible Internet website.

The report shall state the local education agencies that have

declined and unclaimed money under this section and the

corresponding amounts declined and unclaimed. The report

shall be available no later than 30 days after receipt of the

responses from local education agencies under paragraph (2).

Section 1.1. The act is amended by adding articles to read:

ARTICLE I-K

911 EMERGENCY COMMUNICATION SERVICES

Section 101-K. 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:

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"911 communication." Transmission of information to a PSAP

for the initial reporting of police, fire, medical or other

emergency situation.

"911 communications service." As follows:

(1) A service that allows the two-way transmission,

conveyance or routing of voice, data, audio, video or any

information of signals, including cable and Internet protocol

services, to a point or between or among points by or through

any electronic, radio, satellite, cable, optical, microwave

or other medium or method in existence on or after the

effective date of this definition, regardless of protocol

used for the transmission or conveyance, only if that service

is capable of contacting a PSAP by entering or dialing the

digits 911 and is subject to applicable Federal or State

requirements to provide the 911 dialing capability.

(2) The term does not include wireless and Internet-

protocol-enabled services that are exempt from Federal

Communications Commission regulations for 911 communications

service, 911 service and next generation 911 service.

"911 system." A system capable of receiving and processing a

911 communication throughout a defined geographic area. The term

shall include a county or county-based regional 911 system or a

PSAP.

"Agency." The Pennsylvania Emergency Management Agency.

"Call." A two-way communication established using a 911

communications service.

"Next generation 911 service." 911 service using, in whole

or in part, next generation 911 technology.

"Next generation 911 technology." Equipment, products or

services that enable a PSAP to receive calls for emergency

assistance by voice, text, video, Internet protocol or other

technology authorized by Federal law, regulation or industry

standard. The term includes any new technology with the same or

similar functionality.

"Public safety answering point" or "PSAP." The agency-

approved entity that receives 911 communications from a defined

geographic area and processes those calls according to a

specific operational policy. The term shall refer to a county or

county-based regional 911 system.

"Regional." A geographic area that includes more than one

county.

Section 102-K. Surcharge.

(a) Rates.--

(1) Before March 1, 2024, the surcharge under 35 Pa.C.S.

§ 5306.2(a) (relating to uniform 911 surcharge) shall be

$1.65.

(2) After February 29, 2024, and before February 1,

2026, the surcharge under 35 Pa.C.S. § 5306.2(a) shall be

$1.95.

(b) Notification.--Before February 8, 2024, the agency shall

transmit notice to the Legislative Reference Bureau for

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publication of the surcharge increase in the next available

issue of the Pennsylvania Bulletin.

Section 103-K. Efficiency study.

(a) Requirements.--The Legislative Budget and Finance

Committee, in conjunction with the Joint State Government

Commission and the Local Government Commission, shall study the

following and make recommendations with respect to all of the

following:

(1) Determining any efficiencies that can be gained in

the current 911 system or potential efficiencies that can be

gained with a different 911 system.

(2) Reviewing:

(i) operations in other states;

(ii) the amount of funding that the other states

provide through all funding sources, including the state

funding per capita; and

(iii) the makeup of the local share.

(3) Options for the consolidation of county 911 systems,

including the option of regional task forces proposed by the

agency.

(4) Options to allow 911 system employees to work from

home.

(5) The use of artificial intelligence and other

innovative technology for the operation of a 911 system and

988 suicide and crisis lifeline. This paragraph includes

recommended standards.

(6) The integration of the 988 suicide and crisis

lifeline into the 911 system. This paragraph includes

protocols to support the effective communication and

coordination of responders, law enforcement and fire and

ambulance services, during a behavioral health crisis.

(7) The integration of Pennsylvania State Police

dispatch into the 911 system.

(8) Standards and procedures which should be followed

when a behavioral health crisis is routed to 988 as an

alternative to law enforcement. This paragraph includes

consideration of cultural or linguistic barriers and policies

established by the National Suicide Prevention Lifeline.

(9) The use of automatic alarms and call stacking,

including recommended standards.

(b) Consultation.--The committee and the commissions under

subsection (a) may consult with the agency, the 911 Advisory

Board, the County Commissioners Association of Pennsylvania, the

Pennsylvania Chapter of National Emergency Number Association

and other stakeholders in order to conduct the study under

subsection (a).

(1) By December 30, 2024, the Legislative Budget and

Finance Committee shall submit a final report with

recommendations to the chair and minority chair of the

Veterans Affairs and Emergency Preparedness Committee of the

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Senate and the chair and minority chair of the Veterans

Affairs and Emergency Preparedness Committee of the House of

Representatives.

(2) Within 30 days of submission of the report under

paragraph (1), the Legislative Budget and Finance Committee

shall transmit a copy of the final report to the Legislative

Reference Bureau for publication in the next available issue

of the Pennsylvania Bulletin.

Section 104-K. Termination.

The provisions of 35 Pa.C.S. Ch. 53 (relating to 911

emergency communication services) shall expire January 31, 2029.

ARTICLE I-L

INSTITUTIONS OF PURELY PUBLIC CHARITY

Section 101-L. 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:

"Institution." As defined in section 3 of the act of

November 26, 1997 (P.L.508, No.55), known as the Institutions of

Purely Public Charity Act.

Section 102-L. Charity to persons.

Notwithstanding section 5(e)(5) of the act of November 26,

1997 (P.L.508, No.55), known as the Institutions of Purely

Public Charity Act, an institution shall be considered to

benefit a substantial and indefinite class of persons who are

legitimate subjects of charity if:

(1) the institution is a domestic fraternal society,

order or association, that operates under a lodge system, the

net earnings of which are devoted to religious, charitable,

scientific, literary, educational and fraternal purposes and

qualifies for an exemption from taxation under 26 U.S.C. §

501(c)(8) and (10) (relating to exemption from tax on

corporations, certain trusts, etc.) and:

(i) the organization has been operating in this

Commonwealth for at least 100 years upon the effective

date of this subparagraph ; and

(ii) the organization has not been issued a license

under the act of April 12, 1951 (P.L.90, No.21), known as

the Liquor Code.

(2) the institution is a title-holding organization that

qualifies for an exemption from taxation under 26 U.S.C. §

501(c)(2) that is wholly owned or controlled by one or more

qualifying fraternal organization described under paragraph

(1).

Section 1.2. The act is amended by adding a section to read:

Section 202.3. Exclusion from Classes of Income.--

Notwithstanding any other provision of law, amounts paid or

incurred by an employer of an employe for dependent care

assistance provided to the employe that are excludable under 26

U.S.C. § 129 (relating to dependent care assistance programs)

may not be included in any of the classes of income enumerated

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under section 303 of the act of March 4, 1971 (P.L.6, No.2),

known as the Tax Reform Code of 1971.

Section 2. The act is amended by adding an article to read:

ARTICLE II-F

INDIGENT DEFENSE

Section 201-F. Scope of article.

This article relates to indigent defense.

Section 202-F. 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:

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

"Indigent defense services." The legal representation

provided to indigent adult defendants and juvenile respondents

through either a public defender's office, contracted counsel or

conflict counsel.

Section 203-F. Indigent Defense Advisory Committee.

(a) Establishment.--The Indigent Defense Advisory Committee

is established within the commission.

(b) Composition.--The committee shall consist of a

chairperson and the following members to be selected as follows:

(1) The executive director of the Interbranch Commission

for Gender, Racial and Ethnic Fairness, or a designee, who

shall serve as an ex officio and nonvoting member.

(2) The executive director of the Public Defender

Association of Pennsylvania or a designee.

(3) The executive director of the Pennsylvania

Commission on Sentencing, or a designee, who shall serve as

an ex officio and nonvoting member.

(4) The executive director of the Pennsylvania District

Attorneys Association, or a designee, who shall serve as an

ex officio and nonvoting member.

(5) The Commonwealth Victim Advocate, or a designee, who

shall serve as an ex officio and nonvoting member.

(6) The executive director of the Pennsylvania Chiefs of

Police Association, or a designee, who shall serve as an ex

officio and nonvoting member.

(7) The executive director of the Juvenile Court Judges'

Commission, or a designee, who shall serve as an ex officio

and nonvoting member.

(8) An individual appointed by the President pro tempore

of the Senate.

(9) An individual appointed by the Minority Leader of

the Senate.

(10) An individual appointed by the Speaker of the House

of Representatives.

(11) An individual appointed by the Minority Leader of

the House of Representatives.

(12) The following members appointed by the Governor:

(i) One representative of public defenders appointed

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from a list of three qualified attorneys recommended by

the Defender Association of Philadelphia.

(ii) One criminal defense attorney with public

defender experience appointed from a list of three

qualified individuals recommended by the Pennsylvania

Association of Criminal Defense Lawyers.

(iii) One attorney with experience defending

juveniles in delinquency proceedings, appointed from a

list of three qualified individuals recommended by the

Juvenile Defenders Association of Pennsylvania.

(iv) One member from the law school academic

community with a background in public defense or legal

services appointed from a list of qualified individuals

recommended by each law school in this Commonwealth.

(v) One attorney with capital case indigent defense

trial, appellate or postconviction experience associated

with the Pennsylvania Innocence Project at Temple

University Beasley School of Law.

(vi) One representative of county government from

the second class or second class A counties appointed

from a list of three qualified individuals recommended by

the County Commissioners Association of Pennsylvania.

(vii) One representative of county government from

the third, fourth, fifth, sixth, seventh or eighth class

counties appointed from a list of three qualified

individuals recommended by the County Commissioners

Association of Pennsylvania.

(viii) One advocate for current and former prison

inmates appointed from a list of three individuals

recommended by the Pennsylvania Prison Society.

(13) Three judges who routinely preside over criminal or

juvenile cases and are representative of the geographic and

demographic diversity of the Commonwealth, appointed by the

Chief Justice of the Pennsylvania Supreme Court.

(14) The following members appointed by the Chief

Justice of the Pennsylvania Supreme Court:

(i) One county chief public defender from a list of

three recommendations from the Public Defender

Association of Pennsylvania.

(ii) One public defender from the second class OR

second class A counties from a list of four

recommendations from the Public Defender Association of

Pennsylvania.

(iii) One public defender from the third or fourth

class counties from a list of four recommendations from

the Public Defender Association of Pennsylvania.

(iv) Two public defenders from the fifth, sixth,

seventh or eighth class counties from a list of four

recommendations from the Public Defender Association of

Pennsylvania.

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the committee shall be selected by the Governor from among the

voting members of the committee. A vice chairperson shall be

designated by the chairperson of the committee from among the

voting members of the committee to preside at meetings in the

absence of the chairperson.

(d) Term.--Members of the committee shall serve a four-year

term. Members are eligible for reappointment for no more than

two consecutive terms. Members appointed under subsection (b)

(1), (2), (3), (4), (5), (6) and (7) shall serve by virtue of

the member's office, and the term shall be concurrent with the

member's service in the office. Vacancies on the committee shall

be filled by the appointing authority within 60 days of the

vacancy. For the purposes of this subsection, a vacancy occurs

when a member resigns from the committee or no longer holds the

employment that originally qualified the member for the

appointment.

(e) Quorum.--A majority of the voting members of the

committee shall constitute a quorum and a quorum shall be

required for all actions. A vote of the majority of the voting

members of the committee present shall be sufficient for all

actions taken by the committee.

(f) Meetings.--The committee shall hold its first meeting no

later than 60 days from the effective date of this subsection.

Except for the first meeting, meetings related to the

implementation and operation of the Indigent Defense Grant

Program established under subsection (k) and meetings related to

committee duties under subsection (i)(13), members appointed

under subsection (b)(4), (5) and (6) may not participate in

meetings and committee work related to committee duties under

subsection (i)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),

(11) and (12), unless requested by a majority of the voting

members.

(g) Compensation and expenses.--The committee members shall

not receive a salary or per diem allowance for serving as board

members, but shall be reimbursed for actual and necessary

expenses incurred in the performance of duties as members of the

committee. Expenses may include reimbursement of travel and

living expenses while engaged in committee business.

(h) Staff.--Staff support shall be made available to the

committee by the executive director of the commission in order

to adequately assist the committee in carrying out its duties

and responsibilities.

(i) Duties and responsibilities.--With the review and

approval of the commission, the committee shall have the

following duties and responsibilities:

(1) Propose minimum standards for the delivery of

effective indigent defense services throughout this

Commonwealth that are consistent with the requirements of the

Constitution of the United States and the Constitution of

Pennsylvania.

(2) Propose minimum standards for attorneys providing

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indigent defense services to ensure that the ability,

training and experience of the attorneys match the cases

assigned to the attorneys.

(3) Submit proposed standards to the Pennsylvania

Supreme Court for adoption through a manner prescribed by the

Supreme Court.

(4) Identify, develop or provide appropriate Statewide

continuing legal education courses, practical training

programs and skill development resources, including

preservice training for newly hired public defenders, public

defender staff attorneys, assigned counsel and contract

public defenders and other counsel who provide indigent

defense services.

(5) Identify, develop or provide appropriate programs

for capital case defense skills training, adult criminal

defense training, juvenile delinquency defense training and

management and leadership training for chief defenders and

public defender office leaders and other counsel who provide

indigent defense services.

(6) Establish a virtual defender training library

consisting of all programs approved by the committee.

(7) Adopt standards by which counties shall collect and

report, at a minimum, the following to the committee:

(i) The caseload and workload of each attorney in

the county's public defender office.

(ii) The caseload and workload of attorneys who are

assigned to represent an indigent defendant as conflict

counsel or contract counsel in the county.

(iii) The total expenditures and per capita spending

for indigent criminal defense services in the county.

(8) Adopt standards for the use of case management

systems or software by county public defender offices.

(9) Develop, in partnership with the Administrative

Office of Pennsylvania Courts and the Juvenile Court Judges'

Commission, data requests that include, at a minimum, the

following:

(i) The total number of criminal cases involving a

public defender by category of criminal offense and by

county.

(ii) The total number of criminal cases adjudicated

or closed involving a public defender by category of

disposition type and by county.

(iii) The total number of juvenile delinquency cases

involving a public defender by category of offense and by

county.

(iv) The total number of juvenile delinquency cases

adjudicated or closed involving a public defender by

category of disposition type and by county.

(v) The total number of criminal cases with a court

appointed attorney, not a public defender.

(vi) The total number of juvenile delinquency cases

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with a court appointed attorney, not a public defender.

(vii) The total number of criminal and juvenile

delinquency cases appealed involving a public defender by

county.

(10) Partner with other departments or agencies for the

collection of data related to the delivery of indigent

defense services, as may be required by the committee.

(11) Analyze the data to identify trends and overall

effectiveness of indigent defense services in the State and

the impact of the standards adopted on the effectiveness of

indigent defense services in the future.

(12) Prepare a report which includes, at a minimum, the

actions of the committee, details of grants awarded,

summaries of data collected with statistics regarding the

delivery of indigent defense services and recommendations for

improvement of the indigent defense system in this

Commonwealth. The report shall be submitted two years from

the effective date of this section and biennially thereafter.

The report shall be published on the commission's publicly

accessible Internet website. A copy of the report shall be

submitted to the Governor, the chair and minority chair of

the Judiciary Committee of the Senate, the chair and minority

chair of the Judiciary Committee of the House of

Representatives, the chair and minority chair of the

Appropriations Committee of the Senate, the chair and

minority chair of the Appropriations Committee of the House

of Representatives and the Pennsylvania Supreme Court.

(13) Perform functions related to the direct approval

and disbursement of grants under the Indigent Defense Grant

Program established under subsection (k) in an advisory

capacity only.

(j) Confidentiality of data.--County-specific data received

and collected by the committee shall remain confidential. The

committee may release aggregate data at the committee's

discretion when preparing and submitting its biennial report.

(k) Indigent Defense Grant Program.--The Indigent Defense

Grant Program is established in the commission. The following

shall apply:

(1) Money available to the program shall include

appropriations and transfers from the General Fund, special

funds, Federal funds and other sources of revenue made

available to the program and the commission.

(2) Program funding may only be used for the grant and

training activities authorized under this section, and no

money may be transferred or diverted to any other purpose by

administrative action.

(3) The committee shall have the opportunity to review

and comment on grant applications and shall ensure that grant

funding or services provided under the program are

geographically dispersed throughout this Commonwealth.

(4) Grant money allocated through the program shall be

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used to supplement and not supplant existing county spending

on indigent defense services.

(5) Nothing shall preclude a grant recipient from making

an application in a subsequent year for the same purpose and

amount awarded in a prior year.

(6) Grants awarded shall be consistent with the

standards established by the committee and the standards

adopted by the Pennsylvania Supreme Court.

(7) The commission may randomly audit and monitor grant

recipients to ensure the appropriate use of grant funds and

compliance with the provisions of this section.

(8) The commission may use up to 10% of the money

appropriated each year for the costs of supporting the

committee and administering the program, which may include

the costs relating to the employment of personnel, providing

technical assistance to grantees and evaluating the impact of

initiatives supported by the grants.

Section 3. (Reserved).

Section 4. (Reserved).

Section 5. (Reserved).

Section 6. Section 1601.2-E(e)(1)(ii) of the act, amended

July 11, 2022 (P.L.540, No.54), is amended to read:

Section 1601.2-E. Oil and Gas Lease Fund.

* * *

(e) Annual transfers.--The following apply:

(1) * * *

(ii) No amount shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund for the 2019-2020, 2020-

2021, 2021-2022 [and], 2022-2023 and 2023-2024 fiscal

year.

* * *

Section 7. The act is amended by adding sections to read:

Section 1607-M. Designated municipal agent and a uthorized

salvor for city of the first class.

For purposes of 75 Pa.C.S. § 7304.1 (relating to reports and

removal of abandoned vehicles within the boundaries of a city of

the first class or second class), a designated municipal agency

and an authorized salvor for a city of the first class shall

mean the Philadelphia Parking Authority.

Section 1602.1-T. Medical assistance dental services and

packages.

(a) Use of money.--From money appropriated for Medical

Assistance - Capitation and subject to Federal approval,

$12,000,000 in State funds shall be used by the Department of

Human Services to increase the calendar year capitation rates

for dental services, beginning January 1, 2025, for the

following dental codes: D0120, D0150, D0272, D0274, D1110,

D1120, D1206, D1351, D2391, D2392, D7140, D0220, D0230, D1208,

D2393, D2751, D4341, D5110, D5120, D5213, D5214, D0330, D2140,

D2150, D2331, D2930, D2933, D3220, D3230, D8080 and D9230. The

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Department of Human Services shall seek Federal matching funds

on the $24,000,000.

(b) Uniform percentage increase.--A managed care

organization shall implement a uniform percentage increase, as

determined by the Department of Human Services, to increase

payments for the dental services identified under subsection (a)

to dentists who are under contract to provide services to

medical assistance recipients and who are participating in the

medical assistance program.

Section 8. The act is amended by adding articles to read:

ARTICLE XVI-U

ATTORNEY GENERAL

Section 1601-U. Authority of Attorney General and Director of

Bureau of Consumer Protection.

(a) General rule.--Notwithstanding the provisions of section

919(b) of the act of April 9, 1929 (P.L.177, No.175), known as

The Administrative Code of 1929, the Attorney General or his

duly authorized representative or employee may use documentary

material or copies of documentary material produced pursuant to

a demand under section 919 of The Administrative Code of 1929,

as necessary in the enforcement of any civil laws related to the

powers and duties granted to the Attorney General, including:

(1) sharing the documentary material with any Federal or

State agency or their duly authorized representatives or

employees that may be assisting in the investigation of the

subject matter of the subpoena; and

(2) presentation in a subsequent administrative or

judicial proceeding.

(b) Responsibility of Attorney General.--It shall be the

responsibility of the Attorney General to ensure that no

documentary material produced under paragraph (1) shall, unless

otherwise ordered by a court for good cause shown, be produced

for inspection or copying by, or the contents be disclosed to,

any person other than those authorized by this section.

ARTICLE XVI-V

PENNSYLVANIA LONG-TERM CARE COUNCIL

Section 1601-V. 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:

"Council." The Pennsylvania Long-term Care Council

established under section 1602-V(a).

"Department." The Department of Aging of the Commonwealth.

Section 1602-V. Pennsylvania Long-term Care Council.

(a) Establishment.--The Pennsylvania Long-term Care Council

is established within the department.

(b) Membership.--The council shall be composed of and

appointed in accordance with the following:

(1) The Secretary of Aging.

(2) The Secretary of Health.

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(3) The Secretary of Human Services.

(4) The Insurance Commissioner.

(5) The Adjutant General.

(6) The Secretary of Transportation.

(7) The Executive Director of the Pennsylvania Housing

Finance Agency.

(8) Two members of the Senate, one appointed by the

President pro tempore and one appointed by the Minority

Leader.

(9) Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader.

(10) The following members to be appointed by the

Governor, in consultation with the Secretary of Aging:

(i) One representative from the Pennsylvania Council

on Aging.

(ii) One member who represents the local area

agencies on aging.

(iii) Six members who represent consumer advocacy

groups, with at least two being consumers of long-term

care services.

(iv) One member who represents the elder law section

of the Pennsylvania Bar Association.

(v) One member who is a licensed insurance producer

with at least 10 years' experience in the long-term care

insurance market.

(vi) Seven members who represent providers

throughout the long-term care continuum, with no more

than one member representing a single provider group, as

follows:

(A) One member representing nonprofit skilled

nursing facilities.

(B) One member representing for-profit skilled

nursing facilities.

residences or personal care homes.

(D) One member representing home care or

hospice.

(E) One member representing older adult daily

living centers.

(F) One member representing senior community

centers.

(G) One member representing long-term care

managed care.

(vii) Two members with caregiver experience, at

least one of whom has personal experience as a family

caregiver.

(viii) Two members who represent the medical

community, one of whom must be a physician with at least

five years' experience in a long-term care setting and

the other of whom must be a nurse with at least five

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years' experience in a long-term care setting.

(ix) Two members who represent an academic research

institution.

(x) One member who represents the County

Commissioners Association of Pennsylvania.

(xi) The chair of the State Veterans Commission or a

designee.

(xii) One member who represents the Office of the

State Long-Term Care Ombudsman within the department.

governmental members may appoint a designee to attend and vote

at meetings of the council. Each governmental member who

appoints a designee shall do so by sending a letter to the

chairperson stating the name of that designee.

(d) Chairperson.--The Secretary of Aging shall serve as

chairperson.

(e) Executive director.--The Secretary of Aging shall

appoint an executive director of the council.

(f) Terms of members.--

(1) The terms of those members who serve in accordance

with subsection (b)(1), (2), (3), (4), (5), (6) and (7) shall

be concurrent with their service in the office from which

they derive their membership.

(2) Members appointed in accordance with subsection (b)

(8) and (9) shall serve terms conterminous with their

respective appointing authorities.

(3) Of the members appointed by the Governor, no less

than one-third of the members shall be appointed to serve a

two-year initial term, no less than one-third of the members

shall be appointed to serve a three-year initial term, and

the remaining members shall serve a four-year term. Members

of the council shall serve for terms of four years after

completion of the initial terms as designated in this

section.

(4) Members shall be eligible for reappointment but

shall serve no more than two consecutive full terms. Members

shall serve until their successors are appointed and

qualified, provided they represent the interests of the

membership class for which they were appointed.

(g) Vacancies.--Any vacancy on the council shall be filled

by the original appointing authority. An individual appointed to

fill a vacancy shall serve the balance of the previous member's

term.

(h) Removal.--In addition to the provisions of subsection

(f)(1) and (2), members may be removed from the board for the

following reasons:

(1) A member who fails to attend three consecutive

meetings shall forfeit his or her seat unless the

chairperson, upon written request from the member, finds that

the member should be excused from a meeting.

(2) A member shall forfeit his or her seat if he or she

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no longer represents the interests of the membership class

for which he or she was appointed. Specifically, a member

meeting this threshold shall no longer be employed or

associated with the interests of the respective qualification

for which he or she was appointed.

(i) Expenses.--Members may not receive compensation or

remuneration for their service as council members or as

committee members. Nongovernmental council members shall be

entitled to reimbursement for travel and related actual expenses

accrued in the performance of their duties as members, in

accordance with Commonwealth travel policy. Committee members

who are not members of the council may not receive

reimbursement.

Section 1603-V. Powers and duties of council.

(a) General rule.--The council shall have the following

powers and duties:

(1) To consult with various departments and agencies and

to make recommendations on regulations, licensure, financing

or any other responsibilities of those departments or

agencies relating to long-term care.

(2) To perform such other duties as the Governor may

assign relating to long-term care.

(3) To approve reports produced by any committee

established under section 1604-V before release to the public

or the General Assembly.

(4) To develop and adopt rules for conducting council

meetings, including, but not limited to, the procedure for

formally adopting the approval of committee reports before

release to the public.

(5) To develop and adopt rules for conducting committee

meetings. This power includes, but is not limited to,

determining the scope of responsibilities for each committee,

the number of members for each committee and the procedure

for formally adopting the approval of committee reports

before release to the council.

(6) To assign topics for research and study to each

committee. Nothing in this paragraph shall be construed to

prohibit a committee from proposing topics for consideration

to the council.

(b) Scope.--All the powers and duties enumerated in this

section shall be performed in a manner that addresses all areas

of long-term care, including, but not limited to, institutional

care and home-based and community-based services.

Section 1604-V. Council committees.

(a) Establishment.--The council shall establish committees

which may research and study the following areas:

(1) Regulatory review and access to quality care.

(2) Community access and public education.

(3) Long-term care services models and delivery.

(4) Work force.

(5) Housing.

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(6) Behavioral health issues of senior citizens who are

at least 60 years of age.

(b) Composition.--The council chairperson shall appoint

committee members, who may include those who are not members of

the council and who have expertise pertaining to the specific

topics and tasks assigned.

the council shall appoint council members to serve as

chairperson and, as needed, vice chairperson for each committee.

(d) Duties.--The council committees shall have the following

powers and duties:

(1) To study and report on the topics assigned by the

council.

(2) To facilitate the creation of the reports and, with

the permission of the council, invite individuals to assist

in preparation of reports for the council.

(3) To approve reports and recommendations for

submission to the council. Only members appointed to each

committee may participate in approving reports and

recommendations to the council.

(e) Construction.--Nothing in this section shall be

construed to prohibit the chairperson, with concurrence by the

council, from establishing additional committees or ad hoc work

groups to assist the council or committees.

ARTICLE XVI-W

PENNSYLVANIA CHILD AND DEPENDENT

CARE ENHANCEMENT TAX CREDIT PROGRAM

Section 1601-W. Scope of article.

This article relates to the Pennsylvania Child and Dependent

Care Enhancement Tax Credit Program.

Section 1602-W. 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:

"Applicable percent." As defined in section 21(a)(2) of the

Internal Revenue Code of 1986 in effect for the taxable year

beginning after December 31, 2021, and ending before January 1,

2023.

"Department." The Department of Revenue of the Commonwealth.

"Employment-related expenses." As defined in section 21(b)

(2) of the Internal Revenue Code of 1986.

"Internal Revenue Code of 1986." The Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

"Qualifying individual." As defined in section 21(b)(1) of

the Internal Revenue Code of 1986.

"Resident individual." An individual who meets any of the

following criteria:

(1) Is domiciled in this Commonwealth, unless the

individual maintains no permanent place of abode in this

Commonwealth and does maintain a permanent place of abode

elsewhere and spends in the aggregate no more than 30 days of

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the taxable year in this Commonwealth.

(2) Is not domiciled in this Commonwealth, but maintains

a permanent place of abode in this Commonwealth and spends in

the aggregate more than 183 days of the taxable year in this

Commonwealth.

"Section 21 of the Internal Revenue Code of 1986." Section

21 of the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 21).

"Tax credit." The Pennsylvania child and dependent care

enhancement tax credit provided for under this article.

"Tax liability." The liability for taxes imposed under

Article III of the Tax Reform Code of 1971, excluding any tax

withheld by an employer under Article III of the Tax Reform Code

of 1971.

"Tax Reform Code of 1971." The act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971.

"Taxable year." As defined in section 301 of the Tax Reform

Code of 1971.

"Taxpayer." A resident individual subject to the tax imposed

under Article III of the Tax Reform Code of 1971.

Section 1603-W. Credit for child and dependent care employment-

related expenses.

(a) Tax credit.--For taxable years beginning after December

31, 2021, a taxpayer who receives a credit under section 21 of

the Internal Revenue Code of 1986 may claim a tax credit against

the taxpayer's tax liability.

(b) Amount of tax credit.--The amount of the tax credit

under subsection (a) for the taxable year beginning after

December 31, 2021, and ending before January 1, 2023, shall be

equal to 30% of:

(1) the actual amount of employment-related expenses

incurred by the taxpayer and claimed for the Federal tax

credit under section 21 of the Internal Revenue Code of 1986

during the prior taxable year, or the following, as

applicable, whichever is less:

(i) $3,000 for one qualifying individual with

respect to the taxpayer; or

(ii) $6,000 for two or more qualifying individuals

with respect to the taxpayer; multiplied by

(2) the applicable percent, with respect to the

taxpayer, in effect for the taxable year beginning after

December 31, 2021, and ending before January 1, 2023.

amount of the tax credit under subsection (a) for taxable years

beginning after December 31, 2022, and for each taxable year

thereafter, shall be equal to 100% of:

(1) the actual amount of employment-related expenses

incurred by the taxpayer and claimed for the Federal tax

credit under section 21 of the Internal Revenue Code of 1986

during the prior taxable year, or the following, as

applicable, whichever is less:

2023/90AJB/HB1300A03358 - 19 -

(i) $3,000 for one qualifying individual with

respect to the taxpayer; or

(ii) $6,000 for two or more qualifying individuals

with respect to the taxpayer; multiplied by

(2) the applicable percent, with respect to the

taxpayer, in effect for the taxable year beginning after

December 31, 2021, and ending before January 1, 2023.

(d) Claim of tax credit.--A taxpayer shall claim a tax

credit under this section on a return filed under section 330 of

the Tax Reform Code of 1971.

(e) Applicability of tax credit.--The tax credit under this

section shall be applied against the taxpayer's tax liability.

If the tax credit exceeds the taxpayer's tax liability, the

department may issue a refund under the procedures specified in

section 346 of the Tax Reform Code of 1971.

Section 1604-W. Prohibitions.

The following apply:

(1) A taxpayer is not entitled to carry over, carry back

or sell, assign or transfer a tax credit under this article.

(2) A taxpayer may not claim a tax credit for the same

employment-related expenses used to claim a tax credit on a

return filed by another taxpayer.

Section 1605-W. Application of Internal Revenue Code of 1986.

The provisions of section 21 of the Internal Revenue Code of

1986 in effect as of July 8, 2022, and any Federal regulations

promulgated regarding those provisions shall apply to the

department's interpretation and administration of the tax credit

provided for under this article.

Section 1605.1-W. Administration of article.

The department may jointly administer this article with the

Tax Reform Code of 1971, including joint reporting of

information, forms, returns, statements, documents or other

information submitted to the department.

Section 1606-W. Departmental duties.

The department shall publish guidelines and may promulgate

regulations necessary for the implementation and administration

of this article.

Section 1607-W. Report to General Assembly.

(a) Annual report.--No later than March 1, 2024, and each

March 1 thereafter, the department shall submit a report to the

General Assembly indicating the effectiveness of the tax credit

under this article.

(b) Information required.--The report required under

subsection (a) shall include, but not be limited to, the

following information:

(1) The number of tax credits approved under this

article.

(2) The amount of tax credits approved under this

article.

(3) The amount of tax credits claimed under this

article.

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(4) The amount of tax credits refunded under this

article.

ARTICLE XVI-X

ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1601-X. Scope of article.

This article relates to additional keystone opportunity

expansion zones.

Section 1602-X. 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:

"Affiliate." A person who directly or indirectly:

(1) owns or controls another person;

(2) is owned or controlled by another person; or

(3) is under common ownership or control with another

person.

"Business." As defined in section 103 of the KOZ Act.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Keystone opportunity expansion zone." As defined in section

103 of the KOZ Act.

"KOZ Act." The act of October 6, 1998 (P.L.705, No.92),

known as the Keystone Opportunity Zone, Keystone Opportunity

Expansion Zone and Keystone Opportunity Improvement Zone Act.

"Person." As defined in section 103 of the KOZ Act.

"Political subdivision." As defined in section 103 of the

KOZ Act.

"Tax Reform Code of 1971." The act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971.

"Unoccupied parcel." As defined in section 103 of the KOZ

Act.

SUBARTICLE B

ADDITIONAL ZONE FOR DETERIORATED,

UNDERUTILIZED OR UNOCCUPIED PARCELS

Section 1611-X. Additional keystone opportunity expansion zone

for deteriorated, underutilized or unoccupied

parcels.

(a) Designation.--In addition to any designation under

Article XIX-D of the Tax Reform Code of 1971, or Chapter 3 of

the KOZ Act, the department may designate one additional

keystone opportunity expansion zone that includes an area in a

county that has a population of at least 80,000 but less than

83,000 based on the 2020 Federal decennial census.

(b) Criteria.--Notwithstanding the Tax Reform Code of 1971

and the KOZ Act, the additional keystone opportunity expansion

zone authorized under subsection (a):

(1) May not be less than 300 acres in size.

(2) Shall employ a micro-grid power source utilizing

renewable and nonrenewable energy sources, including, but not

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limited to, solar, wind, natural gas or biomass.

(3) Shall be comprised of one or more parcels that are

deteriorated, underutilized or unoccupied parcels on the

effective date of this paragraph.

(1) A business or affiliate of a business located within

an additional keystone opportunity expansion zone authorized

under subsection (a) shall be entitled to all tax exemptions,

deductions, abatements or credits under Chapters 5 and 7 of

the KOZ Act, except for exemptions for sales and use taxes

under section 511(a) or 705(a) of the KOZ Act, for a period

of 10 years from the date manufacturing commences in the

keystone opportunity expansion zone.

(2) Exemptions for sales and use taxes under section

511(a) or 705(a) of the KOZ Act shall commence upon

designation of the keystone opportunity expansion zone by the

department and shall continue for 10 years.

(d) Applications.--

(1) In order to receive a designation under subsection

(a), the department must receive an application from a

political subdivision or the political subdivision's designee

no later than October 1, 2026. The application shall contain

the information required under section 302(a) of the KOZ Act.

(2) The department, in consultation with the Department

of Revenue, shall review the application and, if approved,

issue a certification of all tax exemptions, deductions,

abatements or credits under the KOZ Act consistent with

subsection (c) within three months of receipt of the

application.

(3) The department shall act on an application for a

designation under subsection (a) no later than December 31,

2026.

(e) Disapproval.--If the department does not approve of a

designation under subsection (a), the department shall hold a

public hearing in the municipality for which the application was

made within 30 days of the disapproval. The Secretary of

Community and Economic Development or a designee shall provide

the following information at the public hearing:

(1) The reason for the disapproval.

(2) The estimated number of new jobs that would have

been created in the parcel.

(3) The estimated dollar amount of new investment that

would have been made in the parcel.

(4) An alternative economic development plan developed

by the department that would, if implemented, provide an

equivalent amount of investment in the municipality for which

the application was made.

(f) Transparency.--The department shall conduct the public

hearing required under subsection (e) in accordance with

applicable provisions of 65 Pa.C.S. Ch. 7 (relating to open

meetings).

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SUBARTICLE C

ADDITIONAL ZONE FOR PARCELS IMPACTED BY

CURRENT OR FORMER MINING OPERATIONS

Section 1621-X. Additional keystone opportunity expansion zone

for parcels impacted by current or former mining

operations.

(a) Designation.--In addition to a designation under Article

XIX-D of the Tax Reform Code of 1971, or Chapter 3 of the KOZ

Act, the department may designate one additional keystone

opportunity expansion zone that includes an area in a county

that has a population of at least 200,000 but less than 215,000

based on the 2020 Federal decennial census and an area in a

county that has a population of at least 1,000,000 but less than

1,300,000 based on the 2020 Federal decennial census.

(b) Criteria.--Notwithstanding the Tax Reform Code of 1971

and the KOZ Act, the additional keystone opportunity expansion

zone under subsection (a):

(1) May not be less than 300 acres in size.

(2) Shall be comprised of parcels of land where not less

than 50% of the total acreage:

(i) Is currently being used for mining operations or

activities.

(ii) Was formerly used for mining operations or

activities.

(3) Shall be utilized for activities related to the

production, generation or storage of renewable energy.

(4) Shall be occupied by a qualified business that makes

a capital investment of at least $100,000,000 in the

additional keystone opportunity expansion zone within five

years of the designation under subsection (a).

(1) A business or affiliate of a business located within

an additional keystone opportunity expansion zone authorized

under subsection (a) shall be entitled to all tax exemptions,

deductions, abatements or credits under Chapter 5 of the KOZ

Act, except for exemptions for sales and use taxes under

section 511(a) of the KOZ Act, for a period of 15 years from

the time production or generation of renewable energy is

commenced.

(2) Exemptions for sales and use taxes under section

511(a) of the KOZ Act shall commence upon designation of the

keystone opportunity expansion zone by the department and

shall continue for 15 years.

(d) Application.--

(1) In order to receive a designation under subsection

(a), the department must receive an application from an

economic development authority or an economic development

authority's designee no later than October 1, 2027. The

application must contain the information required under

section 302(a)(1) and (2)(i) and (ix) of the KOZ Act. A

single application shall be permitted for two adjacent

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counties when abatement is for State tax purposes and not

local taxes.

(2) The department, in consultation with the Department

of Revenue, shall review the application and, if approved,

issue a certification of all tax exemptions, deductions,

abatements or credits under Chapter 5 of the KOZ Act

consistent with subsection (c) within three months of receipt

of the application.

(3) The department shall act on an application for a

designation under subsection (a) no later than December 31,

2027.

(e) Disapproval.--If the department does not approve of a

designation under subsection (a), the department shall hold a

public hearing in the municipality for which the application was

made within 30 days of the disapproval. The Secretary of

Community and Economic Development or a designee, shall provide

the following information at the public hearing:

(1) The reason for the disapproval.

(2) The estimated number of new jobs that would have

been created in the parcel.

(3) The estimated dollar amount of new investment that

would have been made in the parcel.

(4) An alternative economic development plan developed

by the department that would, if implemented, provide an

equivalent amount of investment in the municipality for which

the application was made.

(f) Transparency.--The department shall conduct the public

hearing required under subsection (e) in accordance with

applicable provisions of 65 Pa.C.S. Ch. 7 (relating to open

meetings).

(g) Applicability.--

(1) The exemptions, deductions, abatements or credits

authorized under Chapter 7 of the KOZ Act shall not apply to

this section.

(2) The department may not require that the political

subdivision in which the additional keystone opportunity

expansion zone under this section is located approve an

application submitted under subsection (d).

(3) The provisions of section 902 of the KOZ Act shall

apply to an additional keystone opportunity expansion zone

approved under this section.

Section 9. Section 1702-A of the act is amended by adding a

subsection to read:

Section 1702-A. Funding.

* * *

(d) Definition.--As used in this section, the term "surplus"

means a fiscal operating result that occurs in a fund at the end

of a fiscal year, by which expenditures, including tax refunds,

are less than the fund's beginning balance, revenues and

receipts and lapses during the same period.

Section 10. (Reserved).

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Section 11. Sections 1712-A.1(a)(2)(ii) and 1713-A.1(b)(1.8)

of the act, amended July 11, 2022 (P.L.540, No.54), 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, 2021-

2022 [and], 2022-2023 and 2023-2024, 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 years 2021-2022 [and], 2022-2023 and

2023-2024, the General Assembly shall appropriate money in

the fund in 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

and notwithstanding any provisions of Chapter 9

of the Tobacco Settlement Act to the contrary:

(a) Seventy-five percent for pediatric

cancer research institutions within this

Commonwealth that are equipped and actively

conducting pediatric cancer research

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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 an entity or

entities engaging in biotechnology research,

including an entity or entities 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[.], as

designated by the Secretary of Health.

(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 12. Section 1723-A.1(a)(2)(i.8) of the act is

amended by adding a clause and paragraph (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

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:

* * *

$9,309,000 in the fund shall be transferred to the

account in equal weekly amounts sufficient to

2023/90AJB/HB1300A03358 - 26 -

complete the total transfer by June 30, 2024.

* * *

(3) The following shall apply:

* * *

(viii) For fiscal year 2023-2024, the department

shall transfer $10,066,000 from the fund to the State

Racing Fund under subsection (b).

* * *

Section 13. Subarticle G of Article XVII-A.1 of the act is

repealed:

[SUBARTICLE G

ENHANCED REVENUE COLLECTION ACCOUNT

Section 1761-A.1. 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:

"Account." The Enhanced Revenue Collection Account continued

under section 1762-A.1.

"Department." The Department of Revenue of the Commonwealth.

Section 1762-A.1. Enhanced Revenue Collection Account.

The Enhanced Revenue Collection Account is continued as a

restricted account within the General Fund. Revenues collected

and the amount of refunds avoided as a result of expanded tax

return reviews and tax collection activities by the department

shall be deposited into the account.

Section 1763-A.1. Use of account.

(a) Appropriation.--The General Assembly may appropriate

money in the account to the department to fund the costs

associated with expanded tax return reviews and tax collection

activities.

(b) Return.--Except for amounts appropriated under

subsection (a), money in the account shall be returned

proportionately to the General Fund revenue or refund accounts

that were the source of the money no later than the 28th day of

each month of the fiscal year.

Section 1764-A.1. Report.

The department shall issue a report to the Governor, 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 by June 5, 2020, and each June 1 thereafter,

with the following information:

(1) A detailed breakdown of the department's

administrative costs in implementing expanded tax return

reviews and tax collection activities.

(2) The amount of revenue collected and the amount of

refunds avoided as a result of the expanded tax return

reviews and tax collection activities, including the type of

tax generating the revenue and avoided refunds.]

Section 14. Subarticle C heading of Article XVII-A.2 of the

act, added July 11, 2022 (P.L.540, No.54), is amended to read:

2023/90AJB/HB1300A03358 - 27 -

SUBARTICLE C

SPORTS [TOURISM AND MARKETING], MARKETING AND TOURISM ACCOUNT

Section 15. The definition of "eligible applicant" in

section 1721-A.2 of the act, added July 11, 2022 (P.L.540,

No.54), is amended and the section is amended by adding

definitions to read:

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:

"Account." The Sports, Marketing and Tourism Account

established under section 1722-A.2(a).

* * *

"Eligible applicant." Any of the following:

(1) 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.

(2) A nonprofit entity that has been designated to

manage and organize an international sporting event.

* * *

"International sporting event." A sporting event in the city

of the first class as well as other cities in North America

that:

(1) is no less than 25 days in length;

(2) has no less than five competition days in this

Commonwealth; and

(3) will attract international teams from no fewer than

40 countries.

* * *

Section 16. Sections 1722-A.2 heading, (a), (b), (c)(2), (d)

and (e)(2) and 1723-A.2 of the act, added July 11, 2022

(P.L.540, No.54), are amended to read:

Section 1722-A.2. Sports [Tourism and], Marketing and Tourism

Account.

(a) Establishment.--The Sports [Tourism and], Marketing and

Tourism 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]

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 and to promote

business, tourism and tourism activities within this

Commonwealth.

(b) Administration and distribution.--The [Sports Tourism

and Marketing Account] account shall be administered by the

2023/90AJB/HB1300A03358 - 28 -

department.

* * *

(2) Establish procedures for eligible applicants to

apply for financial assistance from the [Sports Tourism and

Marketing Account.] account. Nothing in this article shall be

construed to prohibit an eligible applicant from receiving an

award for each separate high-quality amateur or professional

sporting and esporting event for which the applicant has

submitted an application.

* * *

(d) Use of funds.--

(1) The department may award financial assistance in the

form of a single year or multiyear award for any of the

following:

[(1)] (i) The costs relating to the preparations

necessary for conducting the event.

[(2)] (ii) The costs of conducting the event at the

venue, including costs of an improvement or renovation to

an 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)] (iii) Promotion, marketing and programming

costs associated with the event.

[(4)] (iv) Paid advertising and media buys within

this Commonwealth related to the event.

[(5)] (v) Production and technical expenses related

to the event.

[(6)] (vi) Site fees and costs, such as labor,

rentals, insurance, security and maintenance.

[(7)] (vii) Machinery and equipment purchases

associated with the conduct of the event.

[(8)] (viii) Public infrastructure upgrades or

public safety improvements that will directly or

indirectly benefit the conduct of the event.

[(9)] (ix) 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)] (x) On-site hospitality during the conduct of

the event.

(2) The department may use up to $10,000,000 in the form

of single or multiyear awards to an eligible applicant for

costs related to the preparation necessary for conducting an

international sporting event, including costs associated with

the event venue, promotion, advertising, site rentals,

infrastructure upgrades, on-site hospitality, community

engagement programming across this Commonwealth and public

2023/90AJB/HB1300A03358 - 29 -

safety planning and improvements.

(3) The department may use up to $15,000,000 for

activities related to a Statewide marketing strategy.

(e) Prohibitions.--

* * *

(2) Paragraph (1) shall not prohibit a disbursement from

the [Sports Tourism and Marketing Account] 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.

(a) Annual funding.--Notwithstanding 4 Pa.C.S. § 13C62(b)(3)

(relating to sports wagering tax), for fiscal year 2022-2023 and

each fiscal year thereafter, an amount equal to 5% of the tax

revenue generated by the tax imposed under 4 Pa.C.S. § 13C62 or

$2,500,000, whichever is greater, shall be transferred to the

[Sports Tourism and Marketing Account] account for use by the

department in accordance with this subarticle. The amount

transferred under this section may not exceed $5,000,000.

(b) Fiscal year 2023-2024.--Notwithstanding 4 Pa.C.S. § 1407

(relating to Pennsylvania Gaming Economic Development and

Tourism Fund) or any other provision of law, the sum of

$25,000,000 shall be transferred from the Pennsylvania Gaming

Economic Development and Tourism Fund to the account for use by

the department in accordance with this subarticle.

Section 17. Article XVII-A.2 of the act is amended by adding

a subarticle to read:

SUBARTICLE E

SERVICE AND INFRASTRUCTURE IMPROVEMENT FUND

Section 1741-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 Labor and Industry of the

Commonwealth.

"Fund." The Service and Infrastructure Improvement Fund

established under section 301.9 of the Unemployment Compensation

Law.

"Secretary." The Secretary of the Department of Labor and

Industry of the Commonwealth.

"Unemployment Compensation Fund." The Unemployment

Compensation Fund established under section 601 of the

Unemployment Compensation Law.

"Unemployment Compensation Law." The act of December 5, 1936

(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law.

Section 1742-A.2. Deposits.

(a) Deposits.--From the contributions paid under section

301.4 of the Unemployment Compensation Law, for the fiscal year

2023/90AJB/HB1300A03358 - 30 -

beginning July 1, 2023, the amount to be deposited into the fund

under this subsection shall be $65,000,000.

(b) Contributions.--The department may deposit contributions

authorized in subsection (a) before depositing contributions

into the Unemployment Compensation Fund in accordance with

section 301.4(e)(3) of the Unemployment Compensation Law.

Section 1743-A.2. Fund transfers.

Notwithstanding section 301.9(e) of the Unemployment

Compensation Law, any money in the fund that is not expended or

obligated as of December 31, 2023, shall not be transferred to

the Unemployment Compensation Fund.

Section 1744-A.2. Reporting.

Notwithstanding the provisions of section 301.9(g) of the

Unemployment Compensation Law, the department shall continue to

provide the annual report outlined in section 301.9(g) of the

Unemployment Compensation Law to the Governor and General

Assembly in each year that money remains in the fund.

Section 18. Sections 1712-E(a) and 1718-E(a) of the act are

amended by adding paragraphs to read:

Section 1712-E. Executive Offices.

(a) Appropriations.--The following shall apply to

appropriations for the Executive Offices:

* * *

(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 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.

(4) Notwithstanding any other provision of law, the

deposit of costs under section 1101(b)(4) of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime

Victims Act, into the local victim services fund established

in each county under section 1101 of the Crime Victims Act

shall apply to all costs regardless of the date of the

offense or when the offender was placed on probation, parole,

accelerated rehabilitative disposition, probation without

verdict or intermediate punishment.

(5) Notwithstanding any other provision of law, the

deposit of all the fees under section 1102(c) of the Crime

Victims Act into the County Supervision Fee Restricted

Receipts Account established in each county under section

1102 of the Crime Victims Act shall apply to all supervision

fees regardless of the date on which the offender was placed

on probation, parole, accelerated rehabilitative disposition,

probation without verdict or intermediate punishment.

* * *

2023/90AJB/HB1300A03358 - 31 -

Section 1718-E. Department of Agriculture.

(a) Appropriations.--The following shall apply to

appropriations for the Department of Agriculture:

* * *

(3) No money appropriated from the Motor License Fund

for maintenance and improvement of dirt, gravel and low-

volume State and municipal roads under 75 Pa.C.S. § 9106

(relating to dirt, gravel and low-volume road maintenance)

may be used on land owned or otherwise under the control of

the Pennsylvania Game Commission.

* * *

Section 19. (Reserved).

Section 20. Section 1719-E of the act is amended by adding

subsections to read:

Section 1719-E. Department of Community and Economic

Development.

* * *

(a.2) (Reserved).

(a.3) Designation.--Notwithstanding the provisions of the

Keystone Opportunity Zone, Keystone Opportunity Expansion Zone

and Keystone Opportunity Improvement Zone Act, a business

operating within any portion of any real property designated as

a Keystone Opportunity Zone, Keystone Opportunity Expansion Zone

or Keystone Opportunity Improvement Zone under the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act which would otherwise

qualify as a "qualified business" as defined in the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act, and any owner of any

portion of the real property shall, for a time period not to

expire until the actual expiration of all of the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone designations of any

portion of the entire real property, be entitled to the same

State tax benefits and relief afforded to such parties as if the

real property in question were entirely designated as a Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone. The real property must:

(1) be located within a city and county of the first

class;

(2) be at least 1,200 acres in the aggregate, regardless

of being comprised of different real estate tax parcels;

(3) be entirely owned by one entity; and

(4) have over 50% of its acreage designated as a

Keystone Opportunity Zone, Keystone Opportunity Expansion

Zone or Keystone Opportunity Improvement Zone.

* * *

(c.1) Additional keystone opportunity expansion zones.--

(1) Subject to the criteria specified in section 1921-D

(b) of the act of March 4, 1971 (P.L.6, No.2), known as the

Tax Reform Code of 1971, within a county described in section

2023/90AJB/HB1300A03358 - 32 -

1921-D(a)(2) of the Tax Reform Code of 1971, the department

may designate additional keystone opportunity expansion zones

under Part III of Article XIX-D of the Tax Reform Code of

1971 not to exceed 200 acres, of which an area not exceeding

80 acres shall be situated in a borough of that county with a

population of between 315 and 325, based on the 2010 Federal

decennial census.

(2) In order to receive a designation under this

subsection, the department must receive an application from a

political subdivision or its designee no later than October

1, 2025. The application must contain the information

required under section 302(a)(1), (2)(i) and (ix), (5) and

(6) of the Keystone Opportunity Zone, Keystone Opportunity

Expansion Zone and Keystone Opportunity Improvement Zone Act.

(3) The department, in consultation with the Department

of Revenue, shall review the application and, if approved,

issue a certification of all tax exemptions, deductions,

abatements or credits under the Tax Reform Code of 1971 for

the zone within three months of receipt of the application.

(4) The department shall act on an application for a

designation under section 302(a)(1) of the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act by December 31,

2025.

(5) The department may make designations under section

1921-D of the Tax Reform Code of 1971 and this subsection on

a rolling basis during the application period.

(6) If the department does not approve of a designation

as an additional keystone opportunity expansion zone of a

parcel under this subsection, the department shall hold a

public hearing in the municipality for which the application

was made within 30 days of the disapproval. The Secretary of

Community and Economic Development, or a designee, shall

provide the information described under section 1921-D(e) of

the Tax Reform Code of 1971 at the public hearing.

Section 21. Section 1720-E(b)(9) of the act is amended, the

subsection is amended by adding a paragraph and the section is

amended by adding a subsection to read:

Section 1720-E. Department of Conservation and Natural

Resources.

* * *

(b) Regional ATV pilot program for department lands.--

* * *

(5.1) The department shall provide access to the

department ATV pilot area for at least the 2024 and 2025

summer ATV riding season from the Friday before Memorial Day

through the last full weekend in September, in addition to an

extended season to be determined by the department based on

local conditions.

* * *

(9) The department shall monitor the use, enforcement,

2023/90AJB/HB1300A03358 - 33 -

maintenance needs and any associated impacts to State Forest

land resources, value and forest users resulting from the

department ATV pilot area. On or before December 31, 2023,

and every three years thereafter, the department shall submit

a report to the General Assembly on the department ATV pilot

area.

* * *

from the Motor License Fund for the maintenance and mitigation

of dust and sediment pollution from parks and forestry roads

under 75 Pa.C.S. § 9106 (relating to dirt, gravel and low-volume

road maintenance) may not be used on lands owned or otherwise

under the control of the Pennsylvania Game Commission.

Section 22. Section 1725-E(d) of the act, added July 11,

2022 (P.L.540, No.54), is amended to read:

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

be required to make partial repayments prior to June 30,

2024.]

Section 23. Sections 1729-E(a) and 1733-E of the act are

amended by adding paragraphs to read:

Section 1729-E. Department of Human Services.

(a) Appropriations.--The following shall apply to

appropriations for the Department of Human Services:

* * *

(8) 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 next

available issue of the Pennsylvania Bulletin.

* * *

Section 1733-E. Pennsylvania State Police.

The following shall apply to appropriations for the

Pennsylvania State Police:

2023/90AJB/HB1300A03358 - 34 -

* * *

(3) For fiscal years beginning 2023-2024,

notwithstanding section 205 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

the Pennsylvania State Police shall consist of a number of

officers and enlisted members and shall be organized in a

manner as the Commissioner of the Pennsylvania State Police,

with the approval of the Governor, shall determine. The

number of officers and enlisted members beginning in fiscal

year 2023-2024 shall not exceed in the aggregate at any time

4,410 individuals. Pennsylvania State Police officers and

enlisted members assigned to duty with the Pennsylvania

Turnpike Commission, Delaware River Joint Toll Bridge

Commission, gaming enforcement and liquor control enforcement

shall not be counted in determining the total number of

officers and enlisted members in the Pennsylvania State

Police under this paragraph.

Section 24. The act is amended by adding a section to read:

Section 1753.2-E. Commonwealth Financing Authority.

(a) Establishment.--The Public School Facility Improvement

Grant Program is established within the authority to support

school entity improvement projects. The authority shall

administer and act as the fiscal agent for the program and shall

be responsible for receiving and approving all grant

applications and awarding grants.

(b) Eligibility.--The following improvement projects shall

be eligible for grants under this section:

(1) Roof repairs and roof replacement.

(2) Heating, ventilation and air conditioning equipment.

(3) Boilers and controls.

(4) Plumbing systems.

(5) Energy saving projects.

(6) Health and safety upgrades, including lead and

asbestos abatement or remediation and the purchase and

maintenance of automated external defibrillators.

(7) Emergencies.

(8) Accessibility projects in accordance with standards

under 42 U.S.C. Ch. 126 (relating to equal opportunity for

individuals with disabilities).

(9) Internet connectivity, not including purchasing

educational technology hardware or software.

(10) Demolition projects.

(11) Window repairs and window replacement.

(12) Other projects approved by the authority.

(1) The authority shall develop a process through which

school entities may submit applications for grant awards and

post the application on its publicly accessible Internet

website.

(2) An application for an improvement project shall

either:

2023/90AJB/HB1300A03358 - 35 -

(i) fall under a single eligibility type identified

in subsection (b) and involve one or more school

buildings; or

(ii) encompass one or more eligibility types

identified in subsection (b) and be confined to one

school building.

(3) A qualifying application shall have costs related to

the eligible improvement project of at least $500,000. The

authority may waive this paragraph for the purchase of

automated external defibrillators under subsection (b)(6).

(4) A qualifying application shall include an indication

that the school entity received three qualified bids or

estimates for the improvement project.

(5) There shall be no limitation on the number of

applications for different improvement projects a school

entity may submit in a fiscal year.

(d) Funding rubric.--The authority, in consultation with the

department, shall develop a rubric to prioritize grant awards

under this section. The rubric shall consider all of the

following:

(1) School entity wealth.

(2) Building conditions, including the age of the

building.

(3) Emergencies.

(4) Health, safety and security.

(e) Local match required.--

(1) A school entity shall provide a 25% match for each

grant awarded.

(2) No matching funds shall be required for a project

that is determined by the authority to be an emergency.

(3) The authority may waive or reduce the match

requirement for a school district that is in either financial

watch or financial recovery status under Article VI-A of the

act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949.

(f) Limitations.--

(1) No grant award for an improvement project may exceed

$5,000,000.

(2) No school entity may receive an annual allocation of

grants that exceeds 20% of the funds available under the

program.

(3) The total allocation to area career and technical

schools shall not exceed 20% of the funds allocated by the

authority under the program in a fiscal year.

(4) Subject to paragraph (2), there is no limitation on

a school entity receiving multiple awards under the program

in a single fiscal year.

(g) Review of improvement projects.--The department shall

provide the authority with technical assistance in reviewing

applications upon request of the authority.

(h) Funding.--

2023/90AJB/HB1300A03358 - 36 -

(1) No later than 60 days after the effective date of

this paragraph, the Secretary of the Budget shall transfer to

the authority $100,000,000 appropriated under the act of

August 3, 2023 (P.L. , No.1A), known as the General

Appropriation Act of 2023 , to the Department of Education for

a Level-Up Supplement.

(2) Except in the case of an emergency improvement

project, the authority shall conduct a single vote to approve

or disapprove the recommended slate of improvement projects.

(3) The authority shall ensure a geographic distribution

of grants in the recommended slate of improvement projects.

(i) Grant awards.--

(1) Grant money may only be awarded for new projects

approved by the authority.

(2) Grant money may not be used for any of the

following:

(i) Paying fees for securing financing.

(ii) Paying interest on borrowed money.

(iii) Refinancing existing debt.

(iv) Paying for lobbying services.

(v) Paying fines.

(vi) Application preparation fees.

(3) The authority shall execute a grant agreement

between the authority and a grant recipient before the

payment of a grant award.

(4) A grant recipient may not make a substantial change

to an approved improvement project without first obtaining

authority consent in writing.

(5) A grant recipient shall maintain full and accurate

records for the improvement project.

(6) A grant recipient shall submit to the authority

copies of all canceled checks or other records verifying

expenditures of grant money.

(7) Any unused portion of a grant award shall be

returned to the authority.

(8) A grant recipient shall submit to the authority a

final report of the eligible improvement project, including

any information as required by the authority.

(9) The authority may establish additional restrictions

and limitations as the authority deems necessary to

administer the program.

(j) Guidelines.--Within 60 days of the effective date of

this subsection, the authority, in consultation with the

department, shall adopt guidelines to implement this section.

The guidelines shall include provisions for submission, review

and approval of applications, award of grants and administration

of improvement projects funded under the program, including a

provision for reasonable oversight and reporting to ensure that

improvement project grant awards are used as intended.

(k) Quorum.--A vote of the authority to develop a rubric

under subsection (d), adopt guidelines under subsection (j) and

2023/90AJB/HB1300A03358 - 37 -

to approve projects under this section shall be made in

accordance with 64 Pa.C.S. § 1512(d)(1) (relating to the board).

(l) (Reserved).

(m) Transmission of information to General Assembly.--The

authority shall annually transmit grant award information 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, including grant amounts.

(n) 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:

"Authority." The Commonwealth Financing Authority.

"Department." The Department of Education of the

Commonwealth.

"Emergency." A deficiency in a school building that

prohibits the school building or a portion of the building from

being occupied.

"School entity." A school district or area career and

technical school.

Section 25. (Reserved).

Section 26. (Reserved).

Section 27. (Reserved).

Section 28. Section 1798.1-E of the act is amended to read:

Section 1798.1-E. Federal and Commonwealth use of forest land.

(a) Scope.--This section applies to the following:

(1) Real property acquired for forest reserves by any of

the following:

(i) [the] The Federal Government[; or].

(ii) [the] The Commonwealth.

(2) Tax-exempt real property acquired by the Federal

Government or by the Commonwealth for the purpose of

preserving, perpetuating and maintaining any portion of the

original forests of this Commonwealth as public places and

parks.

(3) Real property:

(i) which is acquired for the purpose of

conservation of water or the prevention of flood

conditions; and

(ii) upon which there is an imposed tax payable by

the Commonwealth.

(b) Charge.--

(1) For land owned by the Department of Conservation and

Natural Resources, subject to subsection (c), real property

under subsection (a) shall be subject to an annual charge of

all of the following:

(i) [$2] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. One dollar and twenty cents shall be paid by

the Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

2023/90AJB/HB1300A03358 - 38 -

§ 1403 (relating to establishment of State Gaming Fund

and net slot machine revenue distribution).

(ii) [$2] Two dollars and forty cents per acre for

the benefit of the schools in each school district where

the real property is located[; and]. One dollar and

twenty cents shall be paid by the Department of

Conservation and Natural Resources and $1.20 shall be

paid from money available under 4 Pa.C.S. § 1403.

(iii) [$2] Two dollars and forty cents per acre for

the benefit of the township where the real property is

located. One dollar and twenty cents shall be paid by the

Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

§ 1403.

(2) For land owned by the Pennsylvania Game Commission

or the Pennsylvania Fish and Boat Commission, real property

under subsection (a) shall be subject to an annual charge of

all of the following:

(i) [$1.20] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(ii) [$1.20] Two dollars and forty cents per acre

for the benefit of the schools in each school district

where the real property is located[; and]. Forty cents

shall be paid by the Commonwealth agency which owns the

property and $2 shall be paid from money available under

4 Pa.C.S. § 1403.

(iii) [$1.20] Two dollars and forty cents per acre

for the benefit of the township where the real property

is located. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(3) [Subject to subsection (f), the] The charge under

paragraph (1) shall be payable by the Commonwealth before

September 2.

(1) Except as set forth in paragraph (2), the annual

charge payable by the Commonwealth on real property under

subsection (a)(1)(i) shall continue only until the receipt of

money by treasurers and township supervisors of the political

subdivisions under subsection (b)(1), in accordance with the

act of April 27, 1925 (P.L.324, No.185), entitled "An act for

the distribution by the Commonwealth and counties to

townships and school districts of moneys received from the

United States from Forest Reserves within the Commonwealth,"

equals or exceeds the amount paid by the Commonwealth in lieu

of taxes.

(2) Paragraph (1) [does] shall not apply to the

following:

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(i) [the] The annual charge per acre for the benefit

of the county where real property under subsection (a)(1)

(i) is located for calendar years 1953, 1954, 1955 and

1956[; and].

(ii) The amount of $0.025 of the annual charge per

acre for the benefit of the county where the real

property under subsection (a)(1)(i) is located for each

year after 1956.

(3) The Commonwealth shall annually pay the charges

exempted under paragraph (2).

(d) Certification.--Upon application of the treasurer or

township supervisor, the Secretary of Conservation and Natural

Resources shall certify to the respective counties, school

districts and townships where real property under subsection (a)

is located and to the State Treasurer:

(1) the number of acres owned by the Federal Government

and by the Commonwealth in the political subdivision; and

(2) the charge against the real property.

(e) Payment.--The State Treasurer shall pay to political

subdivisions under subsection (d) the amount due under

subsection (b) upon:

(1) requisition of the Secretary of Conservation and

Natural Resources; and

(2) application by the appropriate treasurer or township

supervisors.

[(f) Source of payment.--For real property owned by the

Department of Conservation and Natural Resources, the

Pennsylvania Game Commission or the Pennsylvania Fish and Boat

Commission, of the charge per acre under subsection (b):

(1) $2.40 shall be paid from money available under 4

Pa.C.S. § 1403 (relating to establishment of State Gaming

Fund and net slot machine revenue distribution); and

(2) the remainder shall be paid by the Commonwealth

agency which owns the property.]

Section 29. Section 1798.3-E(d) of the act, amended July 11,

2022 (P.L.540, No.54), is amended to read:

Section 1798.3-E. Multimodal Transportation Fund.

* * *

(d) Expiration.--This section shall expire December 31,

[2023] 2024.

Section 30. Sections 1799.5-E of the act is repealed:

[Section 1799.5-E. Sales by distilleries.

(a) General rule.--Notwithstanding any provision of the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, to

the contrary, the holder of a distillery or limited distillery

license may sell liquor to the board and to persons not licensed

by the board. A distillery or limited distillery license holder

may also directly sell liquor to any license or permit holder

that is otherwise authorized to sell liquor. However, aggregate

sales to the license and permit holders may not exceed 50,000

gallons during a calendar year. A license or permit holder that

2023/90AJB/HB1300A03358 - 40 -

wishes to acquire liquor produced by a distillery or limited

distillery license holder after the producer has reached its

aggregate 50,000-gallon limit may still acquire the product if

it is available from the board. If a person holds more than one

distillery or limited distillery license, either directly or

through a wholly owned subsidiary, the sales from all such

licenses shall be considered when determining whether the

50,000-gallon limit has been reached.

(b) Definition.--As used in this section, the term "board"

means the Pennsylvania Liquor Control Board.]

Section 31. (Reserved).

Section 32. The act is amended by adding articles to read:

ARTICLE XVII-F.3

2023-2024 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-F.3. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

appropriation acts of 2023.

Section 1702-F.3. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

"Human Services Code." The act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"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.3. (Reserved).

Section 1704-F.3. (Reserved).

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-F.3. Governor (Reserved).

Section 1712-F.3. Executive offices.

The following apply to appropriations for the executive

offices:

(1) The following apply to money appropriated for the

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

2023/90AJB/HB1300A03358 - 41 -

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. § 922(g) (relating to

unlawful acts).

(vi) $500,000 shall be used to support a Statewide

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. § 6312 (relating to sexual abuse of children).

(viii) No less than $1,750,000 shall be used for

nonnarcotic medication substance use disorder treatment

for eligible offenders, which shall include the

establishment and administration of a nonnarcotic

medication assisted substance grant program to provide

annual grants to county corrections institutions. As used

in this subparagraph, 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

disorder as determined by a physician.

(ix) No less than $2,000,000 shall be distributed to

a nonprofit organization specified in 61 Pa.C.S. § 3512

(relating to definitions) to monitor conditions in State

and county correctional institutions, including through

independent data collection and analysis of conditions,

and to assist incarcerated individuals with concerns

related to their health, safety and dignity.

(x) (Reserved).

(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

2023/90AJB/HB1300A03358 - 42 -

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 $350,000.

(3) (Reserved).

(4) Money appropriated for county intermediate

punishment shall be distributed to counties for county adult

probation supervision and drug and alcohol and mental health

treatment programs for offenders sentenced to restrictive

conditions of probation imposed under 42 Pa.C.S. § 9763(c) or

(d) (relating to conditions of probation) and are certified

in accordance with 42 Pa.C.S. § 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 1712.1-F.3. Office of the Budget.

The following shall apply to the Office of the Budget:

(1) No later than 60 days after the effective date of

this paragraph, the Secretary of the Budget shall transfer to

the School Environmental Repairs Program Restricted Account

$75,000,000 from money appropriated to agencies under the

Governor's jurisdiction for general government operations for

fiscal years 2019-2020, 2020-2021, 2021-2022 and 2022-2023,

which remained unexpended. The transfers under this paragraph

shall be as follows:

(i) No less than $60,000,000 from the Department of

Revenue.

(ii) The remaining $15,000,000 shall be determined

by the Secretary of the Budget.

(2) Upon transfer under paragraph (1), the Secretary of

the Budget shall provide a list of appropriations and amounts

transferred to the chairperson and minority chairperson of

the Appropriations Committee of the Senate and the

chairperson and minority chairperson of the Appropriations

Committee of the House of Representatives.

Section 1713 -F.3 . Lieutenant Governor (Reserved).

Section 1714 -F.3 . Attorney General.

The following apply to appropriations to the Attorney

General:

(1) The sum of $8,431,000 shall be distributed between

the Attorney General and the district attorney's office in a

city of the first class for costs associated with the

operation of the joint local-State firearm task force in the

city of the first class. No more than 20% may be allocated

for the district attorney's office in a city of the first

2023/90AJB/HB1300A03358 - 43 -

class.

(2) The sum of $3,110,308 shall be distributed to the

Attorney General for costs associated with a joint local-

State firearm task force in a city of the first class.

(2.1) The sum of $1,537,952 shall be used to cover the

costs associated with establishing and operating a joint

local-State firearm task force in a county of the second

class.

(2.2) The sum of $889,692 shall be distributed to the

Attorney General for operating and property costs related to

the Joint Task Force as needed.

(3) The Attorney General may expend up to $4,000,000 in

total from the following restricted accounts for general

government operations:

(i) The Criminal Enforcement Restricted Account

established under section 1713-A.1.

(ii) The Collection Administration Account

established under section 922.1 of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code

of 1929.

(iii) The restricted account established under

section 1795.1-E(c)(3)(iii).

(iv) The Straw Purchase Prevention Education Fund

established under 18 Pa.C.S. § 6186 (relating to Straw

Purchase Prevention Education Fund).

(v) The restricted account established under section

4 of the act of December 4, 1996 (P.L.911, No.147), known

as the Telemarketer Registration Act.

(vi) The restricted account known as the Public

Protection Law Enforcement Restricted Account.

Section 1715 -F.3 . Auditor General (Reserved).

Section 1716 -F.3 . Treasury Department (Reserved).

Section 1717 -F.3 . Department of Aging (Reserved).

Section 1718 -F.3 . 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) (Reserved).

(ii) No less than $250,000 shall be used for the

Commission for Agricultural Education Excellence to

assist in the 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 the

following costs associated with preparing for and

responding to an outbreak of highly pathogenic avian

influenza:

(A) Grants to assist with income losses and

costs associated with workforce payroll and benefits,

2023/90AJB/HB1300A03358 - 44 -

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.

(B) The establishment and operations of a highly

pathogenic avian influenza rapid response team. The

amount utilized under this clause may not exceed

$2,000,000.

(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) (Reserved).

(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

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.3 . 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 130,000, but not more

than 135,000, under the most recent Federal decennial census .

(2) From money appropriated for marketing to attract

tourists:

(i) $4,145,000 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

2023/90AJB/HB1300A03358 - 45 -

cultural activities that generate Statewide and regional

economic impact, and $1,000,000 shall be used for

regional athletic competitions, activities and costs

relating to 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.

(3) 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

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.

(4) From money appropriated for keystone communities:

(i) $6,405,000 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.

(5) (Reserved).

(6) 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.

(7) Money appropriated for local municipal relief shall

include an allocation to provide State assistance to

individuals, persons or political subdivisions directly

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 of Community and Economic

Development determines that a public safety emergency has

occurred.

(8) (Reserved).

(9) Money appropriated for hospital and health system

emergency relief shall include an allocation to provide State

2023/90AJB/HB1300A03358 - 46 -

assistance to hospital and health care systems that

experience unexpected financial impact situations.

(10) Money appropriated for community and economic

assistance shall include an allocation to provide State

assistance in the form of grants to assist in community and

economic development, including projects in the public

interest.

(11) From money appropriated to the Department of

Community and Economic Development, the Department of

Community and Economic Development shall pay one-third of the

costs for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

of the Public School Code of 1949. The procurement of a

nonprofit entity under section 123.1(g) of the Public School

Code of 1949 shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). Notwithstanding section

123.1(g) of the Public School Code of 1949, the Commission on

Education and Economic Competitiveness, by majority vote,

shall choose the nonprofit entity under section 123.1(g) of

the Public School Code of 1949.

(12) Money appropriated for workforce development shall

be distributed in the same proportion as distributed in

fiscal year 2022-2023.

Section 1720 -F.3 . Department of Conservation and Natural

Resources.

The following apply to appropriations for the Department of

Conservation and Natural Resources:

(1) (Reserved).

(2) Money appropriated for parks, forests and recreation

projects shall be used for grants for projects to enhance

parks, forests and recreation activities.

Section 1721 -F.3 . Department of Corrections (Reserved).

Section 1722 -F.3 . Department of Drug and Alcohol Programs

(Reserved).

Section 1723 -F.3 . Department of Education.

The following apply to appropriations to the Department of

Education:

(1) (Reserved).

(2) 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

64,730, but not more than 65,558; and

(ii) no less than the amount allocated in the 2016-

2017 fiscal year shall be used for an after-school

2023/90AJB/HB1300A03358 - 47 -

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 330,000.

(iii) From money appropriated for adult and family

literacy, at least $1,050,000 shall be used to develop

and administer a program to subsidize the cost of high

school equivalency testing that leads to a Commonwealth

secondary school diploma credential for individuals who

meet requirements established by the department.

(3) Notwithstanding any other provision of law, the

appropriation for pupil transportation may not be redirected

for any purpose.

(4) For 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 school.

(5) 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.

(6) Money appropriated for regional community college

services shall be distributed to each entity that received

funding in fiscal year 2022-2023 in an amount equal to the

amount received in that fiscal year.

(7) 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 2022-2023 shall receive

an amount equal to the amount received in that fiscal year.

(7.1) From money appropriated for Parent Pathways, the

Department of Education shall expand the Parent Pathways

Learning Network Pilot Program to assist parenting students

in pursuing postsecondary pathways to postsecondary degree or

certificate completion. The Department of Education shall

provide financial and technical assistance to postsecondary

institutions to remove barriers to postsecondary degree or

certificate completion and increase access to family-

sustaining wages and in-demand occupations.

(8) From funds appropriated for career and technical

2023/90AJB/HB1300A03358 - 48 -

education, $2,000,000 shall be used to establish a State

Level Industry in the School Program to bring trade and

industry professionals into the classroom. Notwithstanding

the provisions specified in section 2502.8(f) of the Public

School Code of 1949, payments on account of pupils enrolled

in career and technical curriculums may be proportionately

reduced by up to $2,000,000.

(9) (Reserved).

(10) (Reserved).

(11) (Reserved).

(12) (Reserved).

(13) (Reserved).

(14) (Reserved).

(15) (Reserved).

(16) (Reserved).

(17) (Reserved).

(18) (Reserved).

(19) (Reserved).

(20) (Reserved).

(21) (Reserved).

(22) From money appropriated to the Department of

Education, the Department of Education shall pay one-third of

the costs for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

of the Public School Code of 1949. The procurement of a

nonprofit entity under section 123.1(g) of the Public School

Code of 1949 shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). Notwithstanding section

123.1(g) of the Public School Code of 1949, the Commission on

Education and Economic Competitiveness, by majority vote,

shall choose the nonprofit entity under section 123.1(g) of

the Public School Code of 1949.

(23) (Reserved).

(24) Money appropriated for job training and education

programs shall be used for grants for job training, dual

enrollment and educational programs.

(25) Money appropriated for mobile science and

mathematics education programs shall be used for grants to

support mobile science and mathematics education programs.

Section 1724 -F.3 . Department of Environmental Protection

(Reserved).

Section 1725 -F.3 . 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.3 . Department of Health.

The following apply to appropriations for the Department of

Health:

2023/90AJB/HB1300A03358 - 49 -

(1) From money appropriated for general government

operations, sufficient money is included for the coordination

of donated dental services.

(2) (Reserved).

(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

Pennsylvania Academy of Family Physicians Family Medicine

Residency Expansion Program.

(iii) No less than $1,300,000 shall be used for the

Pennsylvania Academy of Family Physicians Family Medicine

Residency Community Health Impact Grant Program.

(iv) Grantees other than as provided under

subparagraphs (i), (ii) and (iii) that received amounts

in the 2022-2023 fiscal year shall receive the amount

each grantee received in the 2022-2023 fiscal year.

(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

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

2023/90AJB/HB1300A03358 - 50 -

class with a population between 280,000 and 300,000 under

the most recent Federal decennial census for expanded

care of adult sickle cell disease.

(10) Money appropriated for Lyme disease includes

$1,000,000 for costs related to free tick testing for

residents, including outreach and marketing and $1,000,000

for tick mitigation, both performed in conjunction with a

university that is part of the State System of Higher

Education.

(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, for genetic and molecular research for disease

identification and eradication, for vaccine immune response

diagnostics, for nanotechnology and for the commercialization

of applied research.

Section 1727 -F.3 . Insurance Department (Reserved).

Section 1728 -F.3 . 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) From money appropriated to the Department of Labor

and Industry, the Department of Labor and Industry shall pay

one-third of the costs for the Commission on Education and

Economic Competitiveness to implement a contract for a

nonprofit entity that has experience in the creation of long-

term education planning efforts as required under section

123.1(g) of the Public School Code of 1949. The procurement

of a nonprofit entity under section 123.1(g) of the Public

School Code of 1949 shall not be subject to the requirements

of 62 Pa.C.S. (relating to procurement). Notwithstanding

section 123.1(g) of the Public School Code of 1949, the

Commission on Education and Economic Competitiveness, by

majority vote, shall choose the nonprofit entity under

section 123.1(g) of the Public School Code of 1949.

Section 1729 -F.3 . Department of Military and Veterans Affairs

(Reserved).

Section 1730 -F.3 . 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,

2023/90AJB/HB1300A03358 - 51 -

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,

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) Notwithstanding any other provision of law, from the

money appropriated for mental health services, $20,000,000

shall be used for county mental health services in addition

to the county funding provided under the act of October 20,

1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health

and Intellectual Disability Act of 1966, and the Human

Services Block Grant Program under Article XIV-B of the Human

Services Code. The following apply:

(i) Money shall be distributed to each county and

county local collaborative arrangement on a pro rata

basis based upon fiscal year 2022-2023 mental health

community base funded services allocations.

(ii) County mental health services shall be provided

and reported in accordance with the reporting and

monitoring requirements of the Department of Human

Services.

(iii) Money received under this paragraph may not be

included in the calculation of the allocation of funds

under the Human Services Block Grant Program.

(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, 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.

(4.1) From money appropriated for Medical Assistance -

Capitation, $12,000,000 shall be used for the purpose of

making one-time payments to dentists enrolled in the Medical

Assistance Program, determined as follows:

(i) Divide:

2023/90AJB/HB1300A03358 - 52 -

(A) The number of claims from an enrolled

dentist's managed care organization utilization from

calendar year 2022 of the following dental codes:

D0120, D0150, D0272, D0274, D1110, D1120, D1206,

D1351, D2391, D2392, D7140, D0220, D0230, D1208,

D2393, D2751, D4341, D5110, D5120, D5213, D5214,

D0330, D2140, D2150, D2331, D2930, D2933, D3220,

D3230, D8080 AND D9230; by

(B) The total claims from all enrolled dentists'

managed care organization utilization from calendar

year 2022 of the following dental codes: D0120,

D0150, D0272, D0274, D1110, D1120, D1206, D1351,

D2391, D2392, D7140, D0220, D0230, D1208, D2393,

D2751, D4341, D5110, D5120, D5213, D5214, D0330,

D2140, D2150, D2331, D2930, D2933, D3220, D3230,

D8080 AND D9230.

(ii) Multiply:

(A) The quotient under subparagraph (i); by

(B) $12,000,000.

(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

hospital for clinical ophthalmologic services located in

a city of the first class.

(vi) (Reserved).

(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

2023/90AJB/HB1300A03358 - 53 -

effective date of this paragraph must remain available

until July 1, 2024, 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 $1,250,000 shall be distributed to

a cancer treatment center in a township of the second

class with a population between 16,000 and 25,000

according to the most recent Federal decennial census in

a county of the third class with a population between

350,000 and 370,000 according to the most recent Federal

decennial census.

(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 2023 in accordance with 35

Pa.C.S. § 8107.3 (relating to funding) not used to make

payments to hospitals qualifying as Level III trauma centers

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

2023/90AJB/HB1300A03358 - 54 -

recipients.

(11) (Reserved).

(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 1.06 as of August

1, 2022, 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 1.11 as of

August 1, 2022, 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%.

(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.

(13) (Reserved).

(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 140,000 and 145,000 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

2023/90AJB/HB1300A03358 - 55 -

disabilities located in a county of the fifth class with

a population between 140,000 and 145,000 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; and

(v) $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) (Reserved).

(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 shall include the following:

(i) an allocation of $4,084,000 for a 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 $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. §§ 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) (Reserved).

(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

2023/90AJB/HB1300A03358 - 56 -

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) No later than 12 months after the effective date of

this paragraph, the Department of Human Services shall

complete a report, based on the information submitted to the

department, which analyzes the wages for direct care workers

and direct support professionals who provide services under

the Department of Human Services' Office of Developmental

Programs and Office of Long Term Living. The following shall

apply:

(i) The report shall include all of the following:

(A) The average wages paid to direct care

workers and direct support professionals under each

applicable program.

(B) Whether starting wages for direct care

workers and direct support professionals increased

from January 1, 2019, through January 1, 2023,

including the percentage increase .

(ii) The Department of Human Services shall submit

the 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 Health

and Human Services Committee of the Senate and the

chairperson and minority chairperson of the Human

Services Committee of the House of Representatives.

Section 1731 -F.3 . Department of Revenue (Reserved).

Section 1732-F.3. Department of State (Reserved).

Section 1733-F.3. Department of Transportation (Reserved).

Section 1734-F.3. Pennsylvania State Police (Reserved).

Section 1735-F.3. 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

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

2023/90AJB/HB1300A03358 - 57 -

insurance or any other funding sources. The Pennsylvania

Emergency Management Agency shall develop guidelines to

implement this paragraph and submit the guidelines to the

Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

Section 1736-F.3. State-related universities (Reserved).

Section 1737-F.3. State System of Higher Education (Reserved).

Section 1738-F.3. 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

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.3. 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 Secretary of Education, the

President pro tempore of the Senate, the Speaker of the House

of Representatives, the Majority Leader and the Minority

Leader of the 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

and the chairperson and minority chairperson of the Education

Committee of the House of Representatives 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.3. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1741-F.3. Environmental Hearing Board (Reserved).

Section 1742-F.3. Health Care Cost Containment Council

(Reserved).

Section 1743-F.3. State Ethics Commission (Reserved).

Section 1744-F.3. Commonwealth Financing Authority (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1751-F.3. Legislative Reference Bureau (Reserved).

Section 1752-F.3. Legislative Budget and Finance Committee

(Reserved).

Section 1753-F.3. Legislative Data Processing Committee

2023/90AJB/HB1300A03358 - 58 -

(Reserved).

Section 1754-F.3. Joint State Government Commission (Reserved).

Section 1755-F.3. Local Government Commission (Reserved).

Section 1756-F.3. Legislative Audit Advisory Commission

(Reserved).

Section 1757-F.3. Independent Regulatory Review Commission

(Reserved).

Section 1758-F.3. Capitol Preservation Committee (Reserved).

Section 1759-F.3. Pennsylvania Commission on Sentencing

(Reserved).

Section 1760-F.3. Center for Rural Pennsylvania (Reserved).

Section 1761-F.3. Commonwealth Mail Processing Center

(Reserved).

Section 1762-F.3. Legislative Reapportionment Commission

(Reserved).

Section 1763-F.3. Independent Fiscal Office (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1771-F.3. Supreme Court (Reserved).

Section 1772-F.3. Superior Court (Reserved).

Section 1773-F.3. Commonwealth Court (Reserved).

Section 1774-F.3. Courts of common pleas (Reserved).

Section 1775-F.3. Community courts; magisterial district judges

(Reserved).

Section 1776-F.3. Philadelphia Municipal Court (Reserved).

Section 1777-F.3. Judicial Conduct Board (Reserved).

Section 1778-F.3. Court of Judicial Discipline (Reserved).

Section 1779-F.3. Juror cost reimbursement (Reserved).

Section 1780-F.3. County court reimbursement (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-F.4

2023-2024 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-F.4. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

appropriation acts of 2023.

Section 1702-F.4. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1703-F.4. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE may not be utilized

for administrative costs by the Department of Aging.

(2) (Reserved).

2023/90AJB/HB1300A03358 - 59 -

Section 1704-F.4. Tobacco Settlement Fund (Reserved).

Section 1705-F.4. Judicial Computer System Augmentation Account

(Reserved).

Section 1706-F.4. Emergency Medical Services Operating Fund

(Reserved).

Section 1707-F.4. The State Stores Fund (Reserved).

Section 1708-F.4. Motor License Fund (Reserved).

Section 1709-F.4. Aviation Restricted Account (Reserved).

Section 1710-F.4. Hazardous Material Response Fund (Reserved).

Section 1711-F.4. Milk Marketing Fund (Reserved).

Section 1712-F.4. HOME Investment Trust Fund (Reserved).

Section 1713-F.4. Tuition Account Guaranteed Savings Program

Fund (Reserved).

Section 1714-F.4. Banking Fund (Reserved).

Section 1715 -F.4 . Firearm Records Check Fund (Reserved).

Section 1716 -F.4 . Ben Franklin Technology Development Authority

Fund (Reserved).

Section 1717 -F.4 . Oil and Gas Lease Fund (Reserved).

Section 1718 -F.4 . Home Improvement Account (Reserved).

Section 1719 -F.4 . Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1720 -F.4 . Insurance Regulation and Oversight Fund

(Reserved).

Section 1721 -F.4 . Pennsylvania Race Horse Development

Restricted Receipts Account (Reserved).

Section 1722 -F.4 . Justice Reinvestment Fund (Reserved).

Section 1723 -F.4 . Multimodal Transportation Fund (Reserved).

Section 1724 -F.4 . State Racing Fund (Reserved).

Section 1725 -F.4 . ABLE Savings Program Fund (Reserved).

Section 1726 -F.4 . Tourism Promotion Fund (Reserved).

Section 1727-F.4. Enhanced Revenue Collection Account

(Reserved).

Section 1728 -F.4 . (Reserved).

Section 1729 -F.4 . Opioid Settlement Restricted Account

(Reserved).

Section 1730 -F.4 . COVID-19 Response Restricted Account

(Reserved).

Section 1731 -F.4 . Pennsylvania Preferred ® Trademark Licensing

Fund.

Notwithstanding 3 Pa.C.S. § 4616 (relating to Pennsylvania

Preferred® Trademark Licensing Fund), the Department of

Agriculture may use money deposited into the Pennsylvania

Preferred® Trademark Licensing Fund to promote one or more of

the funding objectives under 3 Pa.C.S. § 4616(c) through the

awarding of grants.

Section 1732 -F.4 . 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

2023/90AJB/HB1300A03358 - 60 -

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 1732.1-F.4. School Safety and Security Fund.

The Pennsylvania Commission on Crime and Delinquency shall

use $5,000,000 from the School Safety and Security Fund for

grants to implement innovative school safety and security

initiatives.

Section 1733 -F.4 . 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) Brownfields Revolving Loan Fund.

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. § 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.

(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

2023/90AJB/HB1300A03358 - 61 -

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 -

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.4 . 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 $10,538,000 shall be transferred to the Environmental

Stewardship Fund.

(b) Transfer to Surface Mining Conservation and Reclamation

Fund.--From money received under the authority of Article III of

the Tax Reform Code of 1971, the sum of $4,000,000 shall be

transferred to the Surface Mining Conservation and Reclamation

Fund.

Medical Marijuana Program Fund, $31,900,000 shall be transferred

to the General Fund.

ARTICLE XVII-F.5

2023-2024 FUND TRANSFERS

Section 1701-F.5. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023.

Section 1702-F.5. 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:

2023/90AJB/HB1300A03358 - 62 -

"General Appropriation Act of 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1734-F.5. Fund transfers.

(a) Transfer within Higher Education Assistance Fund.--The

sum of $8,551,000 shall be transferred from the SciTech and GI

Bill Restricted Revenue Account in the Higher Education

Assistance Fund to the State Grants Restricted Revenue Account

in the Higher Education Assistance Fund.

(b) (Reserved).

Section 1735-F.5. (Reserved).

ARTICLE XVII-F.6

PRIOR YEAR APPROPRIATIONS

Section 1701-F.6. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1702-F.6. (Reserved).

Section 1703-F.6. Construction with prior year appropriation

acts.

An appropriation in Part LI of the General Appropriation Act

of 2023 which is the same or similar to an appropriation in the

act of July 8, 2022 (P.L.2191, No.1A), known as the General

Appropriation Act of 2022, shall replace that appropriation.

Money which has been appropriated and expended under the General

Appropriation Act of 2022 shall be deducted from the

corresponding appropriation in Part LI of the General

Appropriation Act of 2023.

Section 33. Repeals are as follows:

(1) The General Assembly finds that the repeal under

paragraph (2) is necessary to effectuate the addition of

Article XVI-V of the act.

(2) The act of November 24, 2015 (P.L.232, No.64), known

as the Pennsylvania Long-Term Care Council Act, is repealed.

(3) The General Assembly finds that the repeal under

paragraph (4) is necessary to effectuate the addition of

Article XVI-W of the act.

(4) Article XIX-I of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, is repealed.

(5) The General Assembly finds that the repeal under

paragraph (6) is necessary to effectuate the addition of

Subarticle E of Article XVII-A.2 of the act.

(6) Section 301.9(e) of the act of December 5, 1936 (2nd

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law, is repealed to the extent of any

inconsistency with Subarticle E of Article XVII-A.2 of the

act.

(7) The General Assembly finds that the repeal under

2023/90AJB/HB1300A03358 - 63 -

paragraph (8) is necessary to effectuate the addition of

section 102-K(a) of the act.

(8) The provisions of 35 Pa.C.S. § 5398 are repealed.

Section 34. Continuation is as follows:

(1) The addition of Article XVI-V of the act is a

continuation of the act of November 24, 2015 (P.L.232,

No.64), known as the Pennsylvania Long-Term Care Council Act.

Except as otherwise provided in Article XVI-V of the act, all

activities initiated under the Pennsylvania Long-Term Care

Council Act shall continue and remain in full force and

effect and may be completed under Article XVI-V of the act.

Orders, regulations, rules and decisions which were made

under the Pennsylvania Long-Term Care Council Act and which

are in effect on the effective date of section 33(2) of this

act shall remain in full force and effect until revoked,

vacated or modified under Article XVI-V of the act.

Contracts, obligations and collective bargaining agreements

entered into under the Pennsylvania Long-Term Care Council

Act are not affected nor impaired by the repeal of the

Pennsylvania Long-Term Care Council Act.

(2) Except as specified in paragraph (3), any difference

in language between Article XVI-V of the act and the

Pennsylvania Long-Term Care Council Act is not intended to

change or affect the legislative intent, judicial

construction or administration and implementation of the

Pennsylvania Long-Term Care Council Act.

(3) Paragraph (2) does not apply to the addition of

section 1602-V(b)(10)(xii) of the act.

(4) The addition of Article XVI-W of the act is a

continuation of Article XIX-I of the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971. Except

as otherwise provided in Article XVI-W of the act, all

activities initiated under Article XIX-I of the Tax Reform

Code of 1971 shall continue and remain in full force and

effect and may be completed under Article XVI-W of the act.

Orders, regulations, rules and decisions which were made

under Article XIX-I of the Tax Reform Code of 1971 and which

are in effect on the effective date of section 33(4) of this

act shall remain in full force and effect until revoked,

vacated or modified under Article XVI-W of the act.

Contracts, obligations and collective bargaining agreements

entered into under Article XIX-I of the Tax Reform Code of

1971 are not affected nor impaired by the repeal of Article

XIX-I of the Tax Reform Code of 1971.

(5) Except as specified in paragraph (6), any difference

in language between Article XVI-W of the act and Article XIX-

I of the Tax Reform Code of 1971 is not intended to change or

affect the legislative intent, judicial construction or

administration and implementation of Article XIX-I of the Tax

Reform Code of 1971.

(6) Paragraph (5) does not apply to the following:

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(i) The addition of the definitions of "resident

individual" and "taxable year" in section 1602-W of the

act.

(ii) The addition of sections 1603-W(b) and (c) and

1605.1-W of the act.

Section 34.1. If the addition of section 102-K(a) of the act

takes effect after January 31, 2024, the addition of section

102-K(a) of the act shall apply retroactively to January 31,

2024.

Section 35. The addition of section 1729-E(a)(8) of the act

shall be retroactive to July 1, 2023.

Section 36. The addition of section 202.3 of the act shall

apply to taxable years beginning after December 31, 2022.

Section 37. This act shall take effect as follows:

(1) The addition of section 1719-E(c.1) of the act shall

take effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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