PRINTER'S NO. 2690
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1932
Session of
2019
INTRODUCED BY HILL-EVANS, YOUNGBLOOD, KINSEY, SCHLOSSBERG,
McCLINTON, CIRESI, DAWKINS, BULLOCK, CALTAGIRONE, SCHWEYER,
OTTEN, ROEBUCK AND JOHNSON-HARRELL, OCTOBER 15, 2019
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 15, 2019
AN ACT
Providing for the Community Diaper and Incontinence Products
Grant Program; establishing the Community Diaper and
Incontinence Products Grant Program Fund; directing the
Department of Aging to establish a program to improve access
to incontinence supplies; and imposing powers and duties on
the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Community
Diaper and Incontinence Products Act.
Section 2. Legislative intent.
The General Assembly finds and declares as follows:
(1) The establishment of a grant program to provide
funding to improve, enhance and expand access to clean
diapers will protect and enhance the health and well-being of
infants, children, incontinent adults and their families.
(2) Infants and children who are living in households
with little or no access to clean diapers often spend a day
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or longer in one diaper, leading to significant potential
health risks.
(3) A supply of clean diapers is usually a requirement
for infants and children to attend and participate in child-
care programs and not having a reliable supply of clean
diapers impedes individuals in obtaining and maintaining
employment.
(4) Most public resources, such as the Supplemental
Nutrition Assistance Program (SNAP) and the Women, Infants
and Children Program (WIC), do not help offset the costs of
these needed diapers.
(5) For incontinent adults, the lack of access to
diapers is a growing health care concern.
(6) Health care experts affirm that when an adult is
left wearing a soiled diaper, there is an immediate danger of
skin problems, including skin breakdown that can bring on
life-threatening infections, especially in older adults.
(7) This Commonwealth has a compelling interest in
developing programs that improve access to diapers for
infants, children and incontinent adults.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Human Services of the
Commonwealth.
"Diaper bank." A nonprofit charitable organization or a
fiscally sponsored project of a nonprofit charitable
organization that collects or purchases diapers and other
hygiene products for infants, children or incontinent adults and
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regularly distributes diapers over an extended period through
two or more partner agencies for eventual distribution to
individuals free of charge.
"Diaper pantry." A nonprofit charitable organization or a
fiscally sponsored project of a nonprofit charitable
organization that collects or purchases diapers for the purpose
of regularly distributing those diapers directly to individuals
free of charge.
"Diaper program." A program within a nonprofit charitable
organization or a fiscally sponsored project of a nonprofit
charitable organization, including, but not limited to, a food
bank, service agency or health clinic that collects or purchases
diapers and regularly distributes those diapers either through
direct service free of charge or through two or more partner
agencies for eventual distribution to individuals free of
charge.
"Fund." The Community Diaper and Incontinence Products Grant
Program Fund established under this act.
"Nonprofit charitable organization." A nonprofit
organization within the meaning of section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ยง
501(c)(3)).
"Program." The Community Diaper and Incontinence Products
Grant Program established under section 4.
"Secretary." The Secretary of Human Services of the
Commonwealth.
Section 4. Community Diaper and Incontinence Products Grant
Program.
(a) Establishment.--The Community Diaper and Incontinence
Products Grant Program is established and shall be administered
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by the department. The purpose of the program shall be to issue
grants to improve, enhance and expand access to clean diapers
and incontinence products.
(b) Eligibility.--To receive a grant award under the
program, a diaper bank, diaper pantry or diaper program must
submit a written application to the department by January 1 of
each year for which a grant is sought and satisfy the following
conditions:
(1) Be located within this Commonwealth.
(2) Have a budget approved by the board of directors or
other governing body of the applicant.
(3) Not require participation in religious, financial or
organizational activities in order to receive the diapers.
(4) Submit a detailed proposal outlining the manner in
which the grant money will be used and the intended effect of
the proposal.
(c) Department action.--The department shall review and
approve or disapprove the application within 60 days of
receiving the application. An application which has not been
approved or disapproved by the department within the 60-day
period shall be deemed approved.
(d) Publication and notice.--The department shall transmit
notice of the availability of the grant program to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin by August 8 for each fiscal year beginning after June
30, 2019.
(e) Award of grants.--
(1) The department may issue a grant award for the
following purposes:
(i) Direct collection and distribution of diapers or
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incontinence products.
(ii) Warehousing, shelving and storing of collected
diapers or incontinence products.
(iii) Collection bins, volunteer training and other
promotional and marketing programs and materials.
(iv) Outreach programs, including, but not limited
to, mobile diaper banks, partnerships with child-care
centers serving low-income families or partnerships with
centers or facilities serving senior citizens.
(v) Fundraising assistance and other financial
management programs relating to the collection of
diapers.
(vi) Creating or establishing new diaper banks,
diaper pantries or diaper programs, especially in
underserved areas of this Commonwealth.
(vii) Any other program or activity approved by the
department that improves, enhances and expands access to
clean diapers and incontinence products for infants,
children and incontinent adults.
(2) Grants may not be less than $2,500 nor more than
$25,000 annually per eligible applicant.
(3) Grants may be awarded on a pro rata basis if the
total dollar amount of the approved applications exceeds the
amount of funds appropriated by the General Assembly for the
program.
Section 5. Community Diaper and Incontinence Products Grant
Program Fund.
(a) Establishment.--The Community Diaper and Incontinence
Products Grant Program Fund is established in the State
Treasury. All appropriations, contributions and alternative
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funds received by the department as authorized by State law to
improve, enhance and expand access to clean diapers and
incontinence products shall be deposited into the fund.
(b) Allocation of funds.--All money in the fund is
appropriated on a continuing basis to the department and shall
be used as follows:
(1) At least 80% of the fund shall be used by the
department for grants authorized by this act.
(2) Not more than 20% of the fund may be used by the
department for State and local administration and program
services.
(c) Alternative funding.--The department may solicit and
accept alternative funding, including Federal funds, grants and
donations from any source whatsoever to assist with the goals of
this act. All money received by the department to improve,
enhance and expand access to clean diapers and incontinence
products shall be deposited into the fund.
Section 6. Reports.
The department shall submit an annual report to the General
Assembly on expenditures from the fund and the progress of the
public outreach required by section 7.
Section 7. Public outreach.
(a) General rule.--From the money available for
administration as authorized under section 5(b)(2), the
department shall conduct Statewide outreach to inform diaper
banks, diaper pantries, diaper programs and other appropriate
community organizations about the program.
(b) Evaluation.--The department shall evaluate the
effectiveness of the funds provided under this act in improving
access to clean diapers and incontinence products and make
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changes as necessary to the outreach described under subsection
(a) to improve access to clean diapers and incontinence
products.
Section 8. Rules and regulations.
The department shall promulgate regulations as necessary to
administer the program and carry out its duties under this act.
Section 9. Improving access to incontinence supplies.
(a) Establishment.--The Department of Aging shall establish
a program, in conjunction with local agencies that specialize in
aging services, that provides incontinence supplies to
individuals 65 years of age or older, including, but not limited
to, adult diapers, protective undergarments, incontinence pads,
absorbent underwear and incontinence medication.
(b) Regulations.--The Department of Aging shall promulgate
regulations necessary to administer the provisions of this
section.
Section 10. Effective date.
This act shall take effect in 90 days.
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