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SENATE AMENDED
PRIOR PRINTER'S NOS. 3639, 3693, 3697,
4009
PRINTER'S NO. 4059
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2455
Session of
2020
INTRODUCED BY LAWRENCE AND TOOHIL, APRIL 27, 2020
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Health
and its departmental administrative and advisory boards,
providing for local health department COVID-19 antibody
testing; and providing for COVID-19 emergency testing plan
and reporting AND FOR WATER AND SEWER AUTHORITIES IN CITIES
OF THE SECOND CLASS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
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as The Administrative Code of 1929, is amended by adding a
section to read:
Section 2127. Local Health Department COVID-19 Antibody
Testing.--(a) A local health department may notify the
secretary of the local health department's intention to
implement serology tests to identify antibodies to the COVID-19
virus in coordination with the guidance provided in the
policy. Notification under this subsection shall be made in
writing to the secretary by the health director or equivalent
employee of a local health department.
(b) Within seventy-two (72) hours of receipt of the
notification under subsection (a), the secretary shall
authorize, in writing, State laboratories holding a Clinical
Laboratory Improvement Amendments (CLIA) certificate and that
meet CLIA requirements to perform high-complexity testing, to
facilitate and coordinate testing with the respective local
health department. The following shall apply:
(1) A local health department shall reimburse a State
laboratory for costs incurred by the State laboratory for
services performed under this subsection.
(2) An individual tested under this subsection shall:
(i) Be notified in writing at the time of initial testing of
the applicable provisions of section (IV)(D) of the policy.
(ii) Be advised of test results as soon as practicable in a
manner determined by the local health department.
(3) A local health department performing serology tests
under this subsection shall report the total number of positive,
false positive, negative and false negative test results to the
Department of Health of the Commonwealth on a daily basis.
(c) This section shall expire sixty (60) days after the
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expiration or termination of the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
(d) 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:
"Local health department." A county or municipal health
department in this Commonwealth.
"Policy." The Policy for Diagnostic Tests for Coronavirus
Disease-2019 during the Public Health Emergency, docket number
FDA-2020-D-0987, available on the publicly accessible Internet
website of the Food and Drug Administration on March 16, 2020.
"Secretary." The Secretary of Health of the Commonwealth.
"State laboratory." A State Public Health Laboratory as
authorized under section 8(d) of the act of April 27, 1905
(P.L.312, No.218), entitled "An act creating a Department of
Health, and defining its powers and duties."
Section 2. The act is amended by adding an article to read:
SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING AN
ARTICLE ARTICLES TO READ:
ARTICLE XXI-C
COVID-19 EMERGENCY
TESTING PLAN AND REPORTING
Section 2101-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The novel coronavirus as defined in the
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Governor's Proclamation of Disaster Emergency issued on March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
"State laboratory." A State Public Health Laboratory as
authorized under section 8(d) of the act of April 27, 1905
(P.L.312, No.218), entitled "An act creating a Department of
Health, and defining its powers and duties.
Section 2102-C. COVID-19 testing plan.
(a) Submission.--Consistent with the Paycheck Protection
Program and Health Care Enhancement Act (Public Law 116-139),
the Governor or an authorized designee shall submit a plan for
COVID-19 testing to the Secretary of the United States
Department of Health and Human Services.
(b) Contents.--The plan under subsection (a) shall delineate
goals, beginning after the effective date of this section, for
the remainder of the calendar year 2020, and shall include all
of the following:
(1) The number of tests needed, month-by-month,
including diagnostic, serological and other tests, as
appropriate.
(2) Month-by-month estimates of laboratory and testing
capacity, including capacity related to workforce, equipment
and supplies and available tests.
(3) A description of how the Commonwealth will use
Federal money appropriated for COVID-19 testing, including as
it relates to easing any COVID-19 community mitigation orders
issued by the Governor.
(c) Approval or acceptance.--Upon approval or acceptance of
a plan under this section, the General Assembly shall
appropriate funds for COVID-19 testing as provided under
subsections (d) and (e).
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(d) Use of funding.--Funds appropriated under subsection (c)
may be used for any of the following:
(1) Necessary expenses to research, develop, validate,
manufacture, purchase, administer and expand capacity for
COVID-19 tests to effectively monitor and suppress COVID-19,
including molecular, antigen and serological tests.
(2) Manufacturing, procurement and distribution of
tests, testing equipment and testing supplies, including
personal protective equipment needed for administering tests.
(3) The development and validation of rapid, molecular
point-of-care tests and other tests.
(4) Support for workforce and epidemiology.
(5) Scaling up academic, commercial, public health and
hospital laboratories, health care facilities and community-
based COVID-19 testing sites.
(6) Conducting surveillance and contact tracing.
(7) Supporting development of COVID-19 testing plans.
(e) Testing prioritization.--Individuals who serve an
essential health and safety function or who are at a high-risk
of contracting COVID-19 shall be given initial priority to be
tested. The following shall also be given priority:
(1) Employees of health care providers.
(2) Staff and residents of nursing home facilities,
assisted living residences, personal care homes, hospices and
other congregate care settings.
(3) Staff and recipients of home care providers, home
health care providers, behavioral health care providers,
intellectual disability providers and substance abuse
disorder providers.
(4) Emergency service and public safety personnel.
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(5) Employees of any business or industry deemed
essential.
(6) Any other category of individuals who serve an
essential health and safety function or who are at high-risk
of contracting COVID-19.
Section 2103-C. COVID-19 testing reporting.
SECTION 2102-C. COVID-19 TESTING PLAN AND REPORTING.
(A) SUBMISSION OF PLAN.--THE GOVERNOR SHALL SUBMIT THE PLAN
FOR COVID-19 TESTING, INCLUDING ANY AMENDMENTS TO THE PLAN, THAT
WAS SUBMITTED TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN
SERVICES PURSUANT TO THE PAYCHECK PROTECTION PROGRAM AND HEALTH
CARE ENHANCEMENT ACT (PUBLIC LAW 116-139) TO ALL OF THE
FOLLOWING:
(1) THE PRESIDENT PRO TEMPORE OF THE SENATE.
(2) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(3) THE MAJORITY LEADER OF THE SENATE.
(4) THE MINORITY LEADER OF THE SENATE.
(5) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(6) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(7) THE MAJORITY AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE.
(8) THE MAJORITY AND MINORITY CHAIRPERSON OF THE HEALTH
AND HUMAN SERVICES COMMITTEE OF THE SENATE.
(9) THE MAJORITY AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(10) THE MAJORITY AND MINORITY CHAIRPERSON OF THE HEALTH
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(11) THE MAJORITY AND MINORITY CHAIRPERSON OF THE HUMAN
SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(a) (B) Testing report required.--Beginning on the day 14
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DAYS after the effective date of this section, and each week
EVERY 14 DAYS thereafter, the Department of Health shall submit
a report regarding the department's testing of COVID-19 to the
President pro tempore of the Senate, the Majority Leader and
Minority Leader of the Senate, the chairperson and minority
chairperson of the Appropriations Committee of the Senate, the
Speaker of the House of Representatives, the Majority Leader and
Minority Leader of the House of Representatives and the
chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives.
(b) (C) Testing report contents.--The report shall contain a
summary of the following information:
(1) The technology and supplies procured or acquired by
the Commonwealth related to COVID-19 testing.
(2) The administrative and operating costs of a State
laboratory related to COVID-19 testing.
(3) The number and type of completed tests by a State
laboratory. This information shall include diagnostic tests
and serology tests.
(4) The number of positive , false positive, negative and
false negative AND NEGATIVE COVID-19 test results from the
completed testing under paragraph (3).
(5) A description of State laboratory COVID-19 testing
limitations, including limitations relating to acquiring
reagents or other components of the testing process.
(6) Demographic test result data, including age, sex,
race and ethnicity, as provided under subsection (c) (D) .
(c) (D) Reporting requirements.--A health care provider
ordering COVID-19 testing shall report, as prescribed by the
Department of Health, a patient's self-reported demographic data
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including age, sex, race and ethnicity.
(d) (E) Expiration.--This section shall expire 60 days after
the expiration or termination of the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the disaster
emergency declaration. DECEMBER 31, 2021.
ARTICLE XXVIII-G
WATER AND SEWER AUTHORITIES IN
CITIES OF THE SECOND CLASS
SECTION 2801-G. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AUTHORITY." A WATER AND SEWER AUTHORITY OF A CITY.
"CITY." A CITY OF THE SECOND CLASS LOCATED IN A COUNTY OF
THE SECOND CLASS.
"CITY PARK." A CITY-OWNED PARK THAT CONSISTS OF AT LEAST 50
CONTIGUOUS ACRES.
"COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
"COOPERATION AGREEMENT." THE COOPERATION AGREEMENT ENTERED
INTO BETWEEN THE CITY AND THE AUTHORITY ON OCTOBER 3, 2019.
"SYSTEM." THE FOLLOWING, OWNED OR OPERATED BY THE AUTHORITY
AND USED IN THE RENDERING OF WATER SERVICE AND SEWER SERVICE BY
THE AUTHORITY:
(1) PLANTS, WAREHOUSES, EQUIPMENT, STRUCTURES,
FACILITIES, LANDS, EASEMENTS, RIGHTS OF WAY, PUBLIC WATER
LINES AND PUBLIC SEWER LINES.
(2) PATENTS, COPYRIGHTS, CONTRACTS WITH MUNICIPALITIES
OR AUTHORITIES OUTSIDE THE BOUNDARIES OF THE CITY.
(3) WATER TREATMENT PLANTS, PUMPING FACILITIES,
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RESERVOIRS, STORAGE TANKS, DISTRIBUTION MAINS, PUBLIC SERVICE
LINES AND APPURTENANCES, PUBLIC SEWERS, INLETS, SEWER GRATES,
MANHOLES, DIVERSION STRUCTURES, PUMPING STATIONS, FORCE MAINS
PUBLIC SUBSURFACE STORM WATER CONVEYANCE LINES AND RELATED
FACILITIES CONVEYING STORM WATER.
(4) PATENTS AND COPYRIGHTS OBTAINED BY THE CITY,
ASSIGNED TO THE AUTHORITY, OR RETAINED DIRECTLY BY AUTHORITY
AND RELATED TO THE DESIGN, OPERATION, MAINTENANCE,
REPLACEMENT OR ABANDONMENT OF WATER, SEWER OR STORM WATER
SYSTEMS.
(5) TANGIBLE PUBLIC PROPERTY, FIXED OR MOVEABLE.
(6) CAPITAL ADDITIONS CONSTRUCTED OR ACQUIRED RELATING
TO WATER SERVICE AND SEWER SERVICE.
(7) FRANCHISES USED OR USEFUL TO THE AUTHORITY IN THE
RENDERING OF WATER, SEWER AND STORM WATER SERVICE BY THE
AUTHORITY AND OTHER AGREEMENTS BETWEEN THE CITY AND
AUTHORITY.
SECTION 2802-G. COOPERATION AGREEMENT.
THE COOPERATION AGREEMENT SHALL HAVE THE FORCE AND EFFECT OF
LAW UNTIL JANUARY 1, 2025, OR AN EARLIER TERMINATION DATE TO
WHICH THE CITY AND AUTHORITY MUTUALLY AGREE. THE COOPERATION
AGREEMENT SHALL GOVERN:
(1) CHANGES IN THE CITY AND AUTHORITY'S RIGHTS AND
OBLIGATIONS RESULTING FROM THE ENACTMENT OF THE ACT OF
DECEMBER 21, 2017 (P.L.1208, NO.65), ENTITLED "AN ACT
AMENDING TITLE 66 (PUBLIC UTILITIES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN RATES AND DISTRIBUTION SYSTEMS,
FURTHER PROVIDING FOR RATES TO BE JUST AND REASONABLE; AND
PROVIDING FOR WATER AND SEWER AUTHORITIES IN CITIES OF THE
SECOND CLASS," INCLUDING RATES PAID BY THE CITY TO THE
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AUTHORITY FOR PUBLIC UTILITY SERVICE.
(2) THE DIVISION OF SERVICES RELATED TO THE SYSTEM.
(3) PAYMENTS BY THE CITY AND AUTHORITY TO THE OTHER
BASED ON ACTUAL, VERIFIABLE, DIRECT EXPENSES AND IN
ACCORDANCE WITH CUSTOMARY UTILITY PRACTICES UNDER 66 PA.C.S.
PT. I (RELATING TO PUBLIC UTILITY CODE).
(4) PAYMENTS BY THE AUTHORITY TO THE CITY THAT SHALL BE
SUBORDINATE TO EACH DEBT OBLIGATION OF THE AUTHORITY.
(5) COOPERATION BY THE CITY AND AUTHORITY IN THEIR
RESPECTIVE CAPITAL PROJECTS WHICH MAY IMPACT EACH OTHER.
(6) RESPONSIBILITIES OF THE AUTHORITY WITH RESPECT TO
CITY PARKS AND OTHER CITY PROPERTIES.
(7) OWNERSHIP OF THE SYSTEM.
(8) ROLES AND RESPONSIBILITIES OF THE CITY AND AUTHORITY
WITH RESPECT TO THE SYSTEM.
SECTION 2803-G. EFFECT OF COOPERATION AGREEMENT.
A COOPERATION AGREEMENT ENTERED INTO BETWEEN THE CITY AND
AUTHORITY ON OR BEFORE JANUARY 1, 2020, SHALL:
(1) NOTWITHSTANDING 66 PA.C.S. PT. I (RELATING TO PUBLIC
UTILITY CODE), S UPERSEDE, DURING THE TERM OF THE COOPERATION
AGREEMENT, ANY PROVISION OF 66 PA.C.S. PT. I , A COMMISSION
REGULATION, POLICY STATEMENT, ORDER AND REGULATORY PROCEEDING
AS THEY PERTAIN TO ISSUES COVERED BY THE COOPERATION
AGREEMENT, INCLUDING THE AUTHORITY'S RATES, TERMS AND
CONDITIONS OF SERVICE RENDERED TO THE CITY AND THE RESPECTIVE
RIGHTS AND DUTIES BETWEEN THE AUTHORITY AND THE CITY.
(2) REMAIN SUBJECT TO THE HOME RULE CHARTER OF A CITY.
Section 3. This act shall take effect immediately.
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