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SENATE AMENDED
PRIOR PRINTER'S NOS. 3813, 4341
PRINTER'S NO. 4626
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2536
Session of
2020
INTRODUCED BY JAMES, MOUL, EVERETT, FREEMAN, SAPPEY AND KORTZ,
MAY 21, 2020
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 20, 2020
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in incurring debt and issuing bonds
and notes, providing for emergency tax anticipation notes.
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,
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ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR
COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS
IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR
OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,
EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE
COMMONWEALTH," IN EMERGENCY COVID-19 RESPONSE, FURTHER
PROVIDING FOR MONEY IN ACCOUNT AND PROVIDING FOR
MUNICIPALITIES; IN FINANCIALLY DISTRESSED MUNICIPALITIES,
PROVIDING FOR LOCAL SERVICES TAX; IN SPECIAL FUNDS, FURTHER
PROVIDING FOR DISPOSITION OF BUDGET STABILIZATION RESERVE
FUND; IN ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS,
FURTHER PROVIDING FOR RETURN OF COVID-19 RESPONSE TRANSFERS
AND PROVIDING FOR WORKERS' COMPENSATION SECURITY FUND
TRANSFER; IN GENERAL BUDGET IMPLEMENTATION, FURTHER PROVIDING
FOR DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, FOR
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, FOR
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR DEPARTMENT OF
GENERAL SERVICES, FOR PENNSYLVANIA GAMING CONTROL BOARD, FOR
DEPARTMENT OF HEALTH, FOR DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS, FOR DEPARTMENT OF HUMAN SERVICES AND FOR DEPARTMENT
OF REVENUE AND PROVIDING FOR LEGISLATIVE DEPARTMENT AND FOR
PENNSYLVANIA PUBLIC UTILITY COMMISSION; FURTHER PROVIDING FOR
2020-2021 BUDGET IMPLEMENTATION AND FOR 2020-2021
RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS; MAKING
RELATED REPEALS; AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8121.1. Emergency tax anticipation notes.
(a) Legislative findings.--The General Assembly finds and
declares that the proclamation of disaster emergency issued by
the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020), and the resulting global pandemic from COVID-19, has
had an unexpected and sudden effect on the citizens, governments
and businesses of the Commonwealth, including a material
negative effect on the revenues of many local government units.
(b) Emergency borrowing authorized.--Notwithstanding any
other provision of this title or law, a local government unit
may borrow money under section 8121 (relating to power to issue
tax anticipation notes) with the following additional terms:
(1) For the purposes of this subsection, the governing
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body's anticipation of current taxes or current revenues may
include an anticipation that the taxes levied or revenues
receivable may not be received, in full or in part, until
after the end of the current fiscal year due to the extension
of tax filing deadlines, administrative break-down during 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,
unexpected severe economic contraction or the inability to
timely enforce collection due to the proclamation of disaster
emergency.
(2) In addition to the other requirements under this
subchapter, a governing body shall establish a maturity date
for a tax anticipation note issued under this subsection
which shall not be later than the last day of the following
fiscal year of the local government which ends not less than
15 months nor more than 26 months following the effective
date of this subsection. LOCAL GOVERNMENT UNIT'S FISCAL YEAR
IN 2022.
(c) Expiration.--No local government unit may borrow money
under the authorization of this section after December 31, 2021.
Section 2. This act shall take effect immediately.
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2020-2021 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
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PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE
REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.
(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION
ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL
ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL
APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A
COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF
APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS
TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO
SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL
COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.
(6) FOR THE REASONS SET FORTH IN PARAGRAPHS (1), (2),
(3), (4) AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY
THROUGH THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE
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2020-2021 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 2020-2021 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 MAY 29, 2020 (P.L. , NO.1A), KNOWN AS THE GENERAL
APPROPRIATION ACT OF 2020, AND THE ACT OF (P.L. , NO. ),
KNOWN AS THE SUPPLEMENT TO THE GENERAL APPROPRIATION ACT OF
2020.
SECTION 2. SECTION 111-C OF THE ACT OF APRIL 9, 1929
(P.L.343, NO.176), KNOWN AS THE FISCAL CODE, ADDED MAY 29, 2020
(P.L.186, NO.24), IS AMENDED TO READ:
SECTION 111-C. MONEY IN ACCOUNT.
(A) CONTINUATION.--EXCEPT AS PROVIDED UNDER [SUBSECTION (B)]
SUBSECTIONS (D.1) AND (D.2), ALL MONEY IN THE ACCOUNT,
INCLUDING, BUT NOT LIMITED TO, MONEY CREDITED TO THE ACCOUNT
UNDER SECTION 110-C, PRIOR YEAR ENCUMBRANCES AND ANY EARNED
INTEREST, SHALL NOT LAPSE OR BE TRANSFERRED TO ANY OTHER FUND OR
ACCOUNT.
[(B) COUNTY BLOCK GRANTS.--MONEY IN THE ACCOUNT THAT REMAINS
UNEXPENDED FROM THE STATE TREASURY AS OF DECEMBER 1, 2020, SHALL
BE TRANSFERRED BY THE STATE TREASURER TO THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT FOR DISTRIBUTION TO COUNTIES
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ELIGIBLE TO RECEIVE FUNDS UNDER SUBARTICLE (D).
(C) DISTRIBUTION.--BY DECEMBER 15, 2020, MONEY TRANSFERRED
UNDER SUBSECTION (B) SHALL BE DISTRIBUTED BY THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT TO EACH COUNTY ELIGIBLE TO
RECEIVE FUNDS UNDER SUBARTICLE (D) ON A PRO RATA BASIS USING THE
POPULATION PROPORTION AMOUNT CALCULATED UNDER SECTION 130-C(E).
(D) USE OF FUNDS.--MONEY TRANSFERRED TO THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT AND DISTRIBUTED TO COUNTIES
UNDER SUBSECTION (C) MAY BE USED ONLY FOR ELIGIBLE USES UNDER
SECTION 131-C.]
(D.1) UNEXPENDED FUNDS.--THE FOLLOWING SHALL APPLY:
(1) EXCEPT AS PROVIDED IN SUBSECTIONS (D.2) AND (D.3),
MONEY RECEIVED BY THE COMMONWEALTH FROM THE FEDERAL
GOVERNMENT UNDER DIVISION A OF TITLE V OF THE CARES ACT AND
INITIALLY DEPOSITED INTO THE ACCOUNT THAT REMAINS UNEXPENDED
AS OF DECEMBER 1, 2020, INCLUDING, BUT NOT LIMITED TO, ANY
MONEY PREVIOUSLY APPROPRIATED TO THE PENNSYLVANIA HOUSING
FINANCE AGENCY AND THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT, INCLUDING DISTRIBUTIONS TO THE COUNTIES, SHALL
BE RETURNED TO THE ACCOUNT BY DECEMBER 15, 2020.
(2) THE MONEY IN THE ACCOUNT UNDER PARAGRAPH (1) AS OF
DECEMBER 22, 2020, IS APPROPRIATED AND SHALL BE TRANSFERRED
BY THE STATE TREASURER TO THE DEPARTMENT OF CORRECTIONS TO
MEET PAYROLL EXPENSES FOR PUBLIC SAFETY AND HEALTH CARE OR
SIMILAR EMPLOYEES WHOSE SERVICES ARE SUBSTANTIALLY DEDICATED
TO MITIGATING OR RESPONDING TO THE COVID-19 PUBLIC HEALTH
EMERGENCY.
(D.2) EXTENSION OF TIME FOR REGIONAL RESPONSE HEALTH
COLLABORATION.--MONEY APPROPRIATED FOR COVID RELIEF - LONG-TERM
LIVING PROGRAMS FOR DISTRIBUTION UNDER SECTION 105-B(1) THAT
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REMAINS UNEXPENDED FROM THE STATE TREASURY AS OF DECEMBER 30,
2020, IS APPROPRIATED AND SHALL BE TRANSFERRED BY THE STATE
TREASURER TO THE DEPARTMENT OF CORRECTIONS TO MEET PAYROLL
EXPENSES FOR PUBLIC SAFETY AND HEALTH CARE OR SIMILAR EMPLOYEES
WHOSE SERVICES ARE SUBSTANTIALLY DEDICATED TO MITIGATING OR
RESPONDING TO THE COVID-19 PUBLIC HEALTH EMERGENCY.
(D.3) SUPPLEMENT TO THE GENERAL APPROPRIATION ACT OF 2020.--
MONEY APPROPRIATED UNDER THE ACT OF (P.L. , NO. ), KNOWN AS
THE SUPPLEMENT TO THE APPROPRIATION ACT OF 2020, FROM THE
ACCOUNT IS NOT SUBJECT TO SUBSECTIONS (D.1) AND (D.2).
(E) NOTIFICATION BY TREASURER.--
(1) BY NOVEMBER 29, 2020, THE STATE TREASURER SHALL
NOTIFY 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 OF THE AMOUNT OF MONEY [IN THE
ACCOUNT] UNDER SUBSECTION (D.1) THAT IS ESTIMATED TO REMAIN
UNEXPENDED AS OF DECEMBER 1, 2020, AND WILL BE TRANSFERRED
[TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT]
UNDER SUBSECTION (D.1).
(2) BY DECEMBER 29, 2020, THE STATE TREASURER SHALL
NOTIFY 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 OF THE AMOUNT OF MONEY UNDER
SUBSECTION (D.2) THAT IS ESTIMATED TO REMAIN UNEXPENDED AS OF
DECEMBER 30, 2020, AND WILL BE TRANSFERRED UNDER SUBSECTION
(D.2).
[(F) NOTIFICATION.--BY DECEMBER 31, 2020, THE SECRETARY OF
COMMUNITY AND ECONOMIC DEVELOPMENT SHALL NOTIFY THE CHAIRPERSON
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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 OF THE
AMOUNT OF MONEY DISTRIBUTED TO EACH COUNTY UNDER SUBSECTION
(C).]
SECTION 2.1. SECTION 190.1-C OF THE ACT, ADDED MAY 29, 2020
(P.L.186, NO.24), IS RENUMBERED TO READ:
SECTION [190.1-C] 192-C. STATE UNIVERSITY ASSISTANCE.
(A) PROGRAM.--MONEY APPROPRIATED FOR COVID RELIEF - STATE
UNIVERSITIES SHALL BE USED BY THE STATE SYSTEM OF HIGHER
EDUCATION TO MAKE PAYMENTS TO STATE UNIVERSITIES FOR COSTS
RESULTING FROM 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.
(B) DETERMINATION OF PAYMENTS.--PAYMENTS MADE UNDER THIS
SECTION TO EACH STATE UNIVERSITY SHALL BE DETERMINED AS FOLLOWS:
(1) MULTIPLY:
(I) THE 2019 FALL HEADCOUNT ENROLLMENT FOR EACH
STATE UNIVERSITY; BY
(II) THE AMOUNT OF THE APPROPRIATION FOR COVID
RELIEF - STATE UNIVERSITIES.
(2) DIVIDE:
(I) THE PRODUCT UNDER PARAGRAPH (1); BY
(II) THE 2019 FALL HEADCOUNT ENROLLMENT FOR ALL
STATE UNIVERSITIES.
(C) PAYMENT DEADLINE.--PAYMENTS MADE UNDER THIS SECTION
SHALL BE MADE NO LATER THAN JULY 15, 2020.
(D) REPORT.--BY JULY 31, 2020, THE CHANCELLOR OF THE STATE
SYSTEM OF HIGHER EDUCATION SHALL ISSUE A REPORT TO THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS
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COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES AND POST THE REPORT ON THE STATE SYSTEM OF
HIGHER EDUCATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE. THE
REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:
(1) THE 2019 FALL HEADCOUNT ENROLLMENT FOR EACH STATE
UNIVERSITY.
(2) THE 2019 FALL HEADCOUNT ENROLLMENT FOR ALL STATE
UNIVERSITIES.
(3) THE PAYMENT MADE TO EACH STATE UNIVERSITY UNDER THIS
SECTION.
(4) THE TOTAL PAYMENTS MADE TO ALL STATE UNIVERSITIES
UNDER THIS SECTION.
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"FALL HEADCOUNT ENROLLMENT." THE NUMBER OF STUDENTS ENROLLED
IN CREDIT-BEARING COURSES AND THE NUMBER OF STUDENTS ENROLLED IN
CLOCK-HOUR PROGRAMS.
"STATE UNIVERSITY." A UNIVERSITY WHICH IS PART OF THE STATE
SYSTEM OF HIGHER EDUCATION UNDER ARTICLE XX-A OF THE ACT OF
MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
OF 1949.
SECTION 2.2. ARTICLE I-C OF THE ACT IS AMENDED BY ADDING A
SUBARTICLE TO READ:
SUBARTICLE L
MUNICIPALITIES
SECTION 193-C. EMERGENCY TAX ANTICIPATION NOTES.
(A) LEGISLATIVE FINDINGS.--THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY
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THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH
21, 2020), AND THE RESULTING GLOBAL PANDEMIC FROM COVID-19, HAS
HAD AN UNEXPECTED AND SUDDEN EFFECT ON THE CITIZENS, GOVERNMENTS
AND BUSINESSES OF THIS COMMONWEALTH, INCLUDING A MATERIAL
NEGATIVE EFFECT ON THE REVENUES OF MANY LOCAL GOVERNMENT UNITS.
(B) EMERGENCY BORROWING AUTHORIZED.--NOTWITHSTANDING ANY
OTHER PROVISION OF THIS ACT OR LAW, A LOCAL GOVERNMENT UNIT MAY
BORROW MONEY UNDER 53 PA.C.S. § 8121 (RELATING TO POWER TO ISSUE
TAX ANTICIPATION NOTES) WITH THE FOLLOWING ADDITIONAL TERMS:
(1) FOR THE PURPOSES OF THIS SUBSECTION, THE GOVERNING
BODY'S ANTICIPATION OF CURRENT TAXES OR CURRENT REVENUES MAY
INCLUDE AN ANTICIPATION THAT THE TAXES LEVIED OR REVENUES
RECEIVABLE MAY NOT BE RECEIVED, IN FULL OR IN PART, UNTIL
AFTER THE END OF THE CURRENT FISCAL YEAR DUE TO THE EXTENSION
OF TAX FILING DEADLINES, ADMINISTRATIVE BREAK-DOWN DURING 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,
UNEXPECTED SEVERE ECONOMIC CONTRACTION OR THE INABILITY TO
TIMELY ENFORCE COLLECTION DUE TO THE PROCLAMATION OF DISASTER
EMERGENCY.
(2) IN ADDITION TO THE OTHER REQUIREMENTS UNDER 53
PA.C.S. CH. 81 SUBCH. B (RELATING TO TAX ANTICIPATION NOTES
AND FUNDING DEBT), A GOVERNING BODY SHALL ESTABLISH A
MATURITY DATE FOR A TAX ANTICIPATION NOTE ISSUED UNDER THIS
SUBSECTION WHICH SHALL NOT BE LATER THAN THE LAST DAY OF THE
LOCAL GOVERNMENT UNIT'S FISCAL YEAR IN 2022.
(C) EXPIRATION.--NO LOCAL GOVERNMENT UNIT MAY BORROW MONEY
UNDER THE AUTHORIZATION OF THIS SECTION AFTER DECEMBER 31, 2021.
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
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WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"GOVERNING BODY." AS DEFINED IN 53 PA.C.S. § 8002(C)
(RELATING TO DEFINITIONS).
"LOCAL GOVERNMENT UNIT." AS DEFINED IN 53 PA.C.S. § 8002(C).
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1605-D.1. LOCAL SERVICES TAX.
(A) CONTINUATION OF LEVY.--NOTWITHSTANDING SECTION 123(D) OF
THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS THE
MUNICIPALITIES FINANCIAL RECOVERY ACT, OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A CITY OF THE THIRD CLASS IN A COUNTY OF
THE THIRD CLASS WITH A POPULATION OF AT LEAST 48,000 AND NOT
MORE THAN 52,000 BASED ON THE MOST RECENT FEDERAL DECENNIAL
CENSUS AS OF THE EFFECTIVE DATE OF THIS SECTION MAY CONTINUE TO
LEVY THE LOCAL SERVICES TAX AT A RATE OF $156 FOR 10 YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION.
(B) TEN-YEAR EXPIRATION.--AFTER THE EXPIRATION OF THE
PERMITTED 10-YEAR TIME PERIOD IN SUBSECTION (A), A CITY OF THE
THIRD CLASS SUBJECT TO THIS SECTION MAY LEVY A LOCAL SERVICES
TAX AT A RATE NOT TO EXCEED $104 FOR A TIME PERIOD NOT TO EXCEED
FIVE YEARS.
(C) FIVE-YEAR EXPIRATION.--AFTER THE EXPIRATION OF THE FIVE-
YEAR TIME PERIOD IN SUBSECTION (B), A CITY OF THE THIRD CLASS
SUBJECT TO THIS SECTION SHALL ADJUST THE LOCAL SERVICES TAX TO
THE RATE AUTHORIZED BY THE ACT OF DECEMBER 31, 1965 (P.L.1257,
NO.511), KNOWN AS THE LOCAL TAX ENABLING ACT.
(D) LIMITATION AND PROHIBITION.--A CITY OF THE THIRD CLASS
SUBJECT TO THIS SECTION MAY CONTINUE TO LEVY AN EARNED INCOME
TAX ON RESIDENTS WHICH DOES NOT EXCEED 2%, BUT SHALL NOT LEVY A
TAX OR FEE ON THE EARNED INCOME OF NONRESIDENTS.
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(E) DETERMINATION.--A CITY OF THE THIRD CLASS SUBJECT TO
THIS SECTION IS ELIGIBLE FOR A DETERMINATION TO TERMINATE
DISTRESSED STATUS IN THE MANNER PROVIDED UNDER SECTION 255.1 OF
THE MUNICIPALITIES FINANCIAL RECOVERY ACT.
SECTION 4. SECTIONS 1703-A AND 1735.1-A.1 OF THE ACT ARE
AMENDED TO READ:
SECTION 1703-A. DISPOSITION OF BUDGET STABILIZATION RESERVE
FUND.
(A) PURPOSE.--IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:
(1) MONEY FROM THE BUDGET STABILIZATION RESERVE FUND BE
APPROPRIATED ONLY WHEN EMERGENCIES INVOLVING THE HEALTH,
SAFETY OR WELFARE OF THE RESIDENTS OF THIS COMMONWEALTH OR
DOWNTURNS IN THE ECONOMY RESULTING IN SIGNIFICANT
UNANTICIPATED REVENUE SHORTFALLS CANNOT BE DEALT WITH THROUGH
THE NORMAL BUDGET PROCESS.
(2) MONEY IN THE BUDGET STABILIZATION RESERVE FUND SHALL
NOT BE USED TO BEGIN NEW PROGRAMS BUT TO PROVIDE FOR THE
CONTINUATION OF VITAL PUBLIC PROGRAMS IN DANGER OF BEING
ELIMINATED OR SEVERELY REDUCED DUE TO FINANCIAL PROBLEMS
RESULTING FROM THE ECONOMY.
(B) APPROPRIATION.--[WHENEVER] EXCEPT AS PROVIDED UNDER
SUBSECTION (C), WHENEVER THE GOVERNOR DETERMINES THAT AN
APPROPRIATION FROM THE BUDGET STABILIZATION RESERVE FUND IS
NECESSARY TO MEET EMERGENCIES INVOLVING THE HEALTH, SAFETY OR
WELFARE OF THE RESIDENTS OF THIS COMMONWEALTH OR TO
COUNTERBALANCE DOWNTURNS OF THE ECONOMY WHICH RESULT IN
SIGNIFICANT UNANTICIPATED REVENUE SHORTFALLS, THE GOVERNOR SHALL
PRESENT A REQUEST FOR AN APPROPRIATION [ALONG WITH] WHICH MAY
INCLUDE THE SPECIFICS OF THE PROPOSAL AND SUGGESTED ANCILLARY
AND SUBSTANTIVE LEGISLATION AS MAY BE NECESSARY TO THE CHAIRMAN
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OF APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN OF
THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
THE GENERAL ASSEMBLY MAY THEN THROUGH APPROVAL OF A SEPARATE
APPROPRIATION BILL BY A VOTE OF TWO-THIRDS OF THE MEMBERS
ELECTED TO THE SENATE AND THE HOUSE OF REPRESENTATIVES
APPROPRIATE MONEY FROM THE BUDGET STABILIZATION RESERVE FUND TO
MEET THE NEEDS IDENTIFIED IN THE GOVERNOR'S PROPOSAL. ANY MONEY
APPROPRIATED ACCORDING TO THIS SECTION WHICH HAS THEN LAPSED
SHALL BE RETURNED TO THE BUDGET STABILIZATION RESERVE FUND.
(C) TRANSFER.--NO LATER THAN NOVEMBER 30, 2020, $100,000,000
SHALL BE TRANSFERRED FROM THE BUDGET STABILIZATION RESERVE FUND
TO THE GENERAL FUND AND SHALL BE AVAILABLE FOR APPROPRIATION BY
THE GENERAL ASSEMBLY.
SECTION 1735.1-A.1. RETURN OF COVID-19 RESPONSE TRANSFERS.
(A) RETURN OF SPECIAL FUND TRANSFERS.--ANY MONEY TRANSFERRED
FROM SPECIAL FUNDS UNDER THE GOVERNOR'S JURISDICTION TO A
RESTRICTED ACCOUNT UNDER SECTION 1735-A.1 SHALL BE RETURNED TO
EACH SPECIAL FUND IN AN AMOUNT EQUAL TO THE INITIAL TRANSFER.
(B) DEPOSIT.--MONEY RETURNED UNDER SUBSECTION (A) SHALL BE
TRANSFERRED TO THE APPLICABLE SPECIAL FUND FROM WHICH THE MONEY
WAS TRANSFERRED UNDER SECTION 1735-A.1 AND DEPOSITED BY JULY 31,
2020.
[(C) RESTRICTION ON USE OF RETURNED FUNDS.--AFTER DEPOSIT
UNDER SUBSECTION (B), NO DEPARTMENT, COMMISSION, AGENCY, OFFICE
OR AUTHORITY OF THE GOVERNOR OR THE COMMONWEALTH SHALL EXPEND
ANY PORTION OF MONEY DEPOSITED INTO A SPECIAL FUND UNDER
SUBSECTION (B) UNLESS APPROPRIATED BY THE GENERAL ASSEMBLY.]
(D) TRANSFER TO GENERAL FUND.--NO LATER THAN 10 DAYS AFTER
THE EFFECTIVE DATE OF THIS SUBSECTION, MONEY DEPOSITED UNDER
SUBSECTION (B) SHALL BE TRANSFERRED TO THE GENERAL FUND AND
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SHALL BE AVAILABLE FOR APPROPRIATION BY THE GENERAL ASSEMBLY.
SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1737-A.1. WORKERS' COMPENSATION SECURITY FUND TRANSFER.
ANY AMOUNT TRANSFERRED FROM THE WORKERS' COMPENSATION
SECURITY FUND PURSUANT TO SECTION 1726-M(D) SHALL BE REPAID TO
THE WORKERS' COMPENSATION SECURITY FUND BY JULY 1, 2028.
SECTION 6. SECTION 1719-E(D) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.
* * *
(A.1) AUTHORIZATION.--NOTWITHSTANDING THE PROVISIONS OF
SECTIONS 301.2 AND 304 OF 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, IF THE GOVERNOR, BY EXECUTIVE ORDER, HAD PREVIOUSLY
DESIGNATED PROPERTY AS A PROPOSED IMPROVEMENT SUBZONE IN A
TOWNSHIP OF THE SECOND CLASS LOCATED IN A COUNTY OF THE SECOND
CLASS A, NO LATER THAN DECEMBER 31, 2020, A POLITICAL
SUBDIVISION MAY APPLY TO THE DEPARTMENT FOR APPROVAL OF THE
DESIGNATION OF THE PREVIOUSLY DESIGNATED SUBZONE AS A KEYSTONE
OPPORTUNITY IMPROVEMENT ZONE. A KEYSTONE OPPORTUNITY IMPROVEMENT
ZONE DESIGNATED UNDER THIS SUBSECTION SHALL CONFORM TO THE
REQUIREMENTS OF THE KEYSTONE OPPORTUNITY ZONE, KEYSTONE
OPPORTUNITY EXPANSION ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT
ZONE ACT AND SHALL BEGIN ON JANUARY 1, 2021, AND EXPIRE ON
DECEMBER 31, 2035.
* * *
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
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SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE COMMONWEALTH.
* * *
"SUBZONE." AS DEFINED IN 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.
SECTION 7. SECTIONS 1720-E AND 1723-E OF THE ACT ARE AMENDED
TO READ:
SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES.
(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO
APPROPRIATIONS FOR THE DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES:
(1) THE DEPARTMENT SHALL, IN CONSULTATION WITH THE
DEPARTMENT OF TRANSPORTATION, DEVELOP, OPEN AND MAINTAIN AN
ATV TRAIL CONNECTING THE WHISKEY SPRINGS ATV TRAIL TO THE
BLOOD SKILLET ATV TRAIL BY UTILIZING EXISTING STATE ROADS AND
STATE FOREST ROADS BY APRIL 1, 2020.
(2) THE DEPARTMENT SHALL, IN CONSULTATION WITH THE
DEPARTMENT OF TRANSPORTATION, IMPLEMENT THE FULL NORTHCENTRAL
PENNSYLVANIA ATV INITIATIVE AND CREATE A NETWORK OF ATV
TRAILS CONNECTING CLINTON COUNTY TO THE NEW YORK STATE BORDER
BY UTILIZING EXISTING STATE ROADS AND STATE FOREST ROADS BY
APRIL 1, 2024.
(B) REGIONAL ATV PILOT PROGRAM FOR DEPARTMENT LANDS.--
(1) THE DEPARTMENT SHALL ESTABLISH A REGIONAL PILOT
PROGRAM FOR ATV USE ON DEPARTMENT LANDS.
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(2) AS PART OF THE PILOT PROGRAM, BY DECEMBER 31, 2020,
THE DEPARTMENT SHALL:
(I) EVALUATE DEPARTMENT FOREST DISTRICTS, INCLUDING
ELK, MOSHANNON, SPROUL, SUSQUEHANNOCK AND TIOGA, FOR
ROADS AND TRAILS TO SERVE AS POTENTIAL REGIONAL
CONNECTORS AND TO PROVIDE LOCAL ACCESS OR SERVE AS A
TRAIL COMPLEX FOR ATV USE; AND
(II) PERFORM AN ASSESSMENT REGARDING CHARGING FEES
FOR ACCESS TO THE DEPARTMENT ATV PILOT AREA.
(3) BEGINNING JANUARY 2021, THE DEPARTMENT SHALL:
(I) CONSULT WITH LOCAL COMMUNITY LEADERS TO ASSESS
THEIR INTEREST IN AND THE FEASIBILITY OF A DEPARTMENT ATV
PILOT AREA;
(II) PERFORM OUTREACH TO AFFECTED COMMUNITIES AND
STAKEHOLDERS; AND
(III) MAP, MARK AND DESIGNATE ROADS AND TRAILS IN
THE DEPARTMENT ATV PILOT AREA FOR USE AS PERMITTED UNDER
THIS SUBSECTION.
(4) UPON COMPLETION OF THE REQUIREMENTS UNDER PARAGRAPHS
(2) AND (3), THE DEPARTMENT MAY APPLY A FEE AND SELL TAGS FOR
ACCESS TO THE DEPARTMENT ATV PILOT AREA USING A TAG SYSTEM TO
DESIGNATE ACCESS.
(5) THE DEPARTMENT SHALL PROVIDE ACCESS TO THE
DEPARTMENT ATV PILOT AREA FOR THE 2021 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.
(6) IN ORDER TO ACCESS THE DEPARTMENT ATV PILOT AREA
ROADS OR TRAILS, A PERSON WITH A REGISTRATION UNDER 75
PA.C.S. § 7711.1 (RELATING TO REGISTRATION OF SNOWMOBILE OR
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ATV) MUST APPLY FOR, OBTAIN AND PROMINENTLY DISPLAY A
DEPARTMENT ATV PILOT AREA TAG UPON THE ATV MACHINE.
(7) THE FEE PER TAG SHALL BE DETERMINED BY THE
DEPARTMENT DURING THE PILOT PROGRAM ASSESSMENT UNDER
PARAGRAPH (2)(II). THE TAGS SHALL BE DISPERSED ON A CALENDAR-
YEAR BASIS.
(8) ALL FEES COLLECTED UNDER THIS SUBSECTION SHALL BE
DEPOSITED INTO THE RESTRICTED ACCOUNT AS PROVIDED FOR UNDER
75 PA.C.S. § 7706(A)(1) (RELATING TO RESTRICTED ACCOUNTS) AND
SHALL BE ALLOCATED TO THE DEPARTMENT'S ATV FUND WHICH FUNDS
ATV ACTIVITIES, ENFORCEMENT AND MAINTENANCE ON DEPARTMENT
LANDS, AS PROVIDED FOR IN 75 PA.C.S. § 7706(B).
(9) THE DEPARTMENT SHALL MONITOR THE USE, ENFORCEMENT,
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,
THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY
ON THE DEPARTMENT ATV PILOT AREA.
(10) AS USED IN THIS SUBSECTION, THE TERM "DEPARTMENT"
MEANS THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES OF
THE COMMONWEALTH.
SECTION 1723-E. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(A) ASSESSMENT OF FEE.--THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION MAY ASSESS A FEE TO APPLICANTS WHO APPLY FOR FUNDS
UNDER SECTION 306 OF THE ACT OF JULY 9, 2008 (1ST SP.SESS.,
P.L.1873, NO.1), KNOWN AS THE ALTERNATIVE ENERGY INVESTMENT ACT.
THE DEPARTMENT SHALL PUBLISH THE FEE ON ITS PUBLICLY ACCESSIBLE
INTERNET WEBSITE. PROCEEDS FROM THE FEE SHALL BE USED TO
ADMINISTER THE PROVISION OF LOANS, GRANTS, REIMBURSEMENTS OR
REBATES UNDER SECTION 306 OF THE ALTERNATIVE ENERGY INVESTMENT
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ACT. NO FEE AUTHORIZED UNDER THIS SECTION MAY EXCEED $150 FOR
COMMERCIAL APPLICANTS AND $100 FOR RESIDENTIAL APPLICANTS.
(B) PROHIBITION.--BEGINNING WITH FISCAL YEAR 2020-2021, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL BE PROHIBITED FROM
AUTHORIZING A GRANT OR OTHER PAYMENTS OR REIMBURSEMENTS TOTALING
MORE THAN $280,000 FROM ANY FEES OR PENALTIES COLLECTED OR MONEY
APPROPRIATED TO IT BY THE GENERAL ASSEMBLY FROM COMMONWEALTH
REVENUE SOURCES OR FEDERAL REVENUE SOURCES TO COMPLETE THE DATA
ANALYSIS AND REPORT REQUIREMENTS OF SECTION 18.1 OF THE ACT OF
APRIL 27, 1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE
BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT. PAYMENTS
OR REIMBURSEMENTS FOR THE COMPLETION OF SUBSEQUENT DATA ANALYSIS
AND REPORT REQUIREMENTS OF SECTION 18.1 OF THE BITUMINOUS MINE
SUBSIDENCE AND LAND CONSERVATION ACT, SHALL BE ADJUSTED FOR
INFLATION BASED ON THE UNITED STATES BUREAU OF LABOR STATISTIC'S
CONSUMER PRICE INDEX.
SECTION 8. SECTION 1724-E(A) OF THE ACT, AMENDED JUNE 28,
2019 (P.L.173, NO.20), IS AMENDED TO READ:
SECTION 1724-E. DEPARTMENT OF GENERAL SERVICES.
(A) CAPITOL COMPLEX [FIRE SERVICES] MANAGEMENT.--THE
FOLLOWING SHALL APPLY TO THE MANAGEMENT OF THE CAPITOL COMPLEX
BY THE DEPARTMENT OF GENERAL SERVICES:
(1) THE GENERAL ASSEMBLY SHALL PROVIDE ANNUAL
APPROPRIATIONS TO SUPPORT THE PROVISION OF FIRE SERVICES TO
THE CAPITOL COMPLEX IN THE CITY OF HARRISBURG.
(2) THE DEPARTMENT OF GENERAL SERVICES SHALL ENSURE THAT
NO FLAG OTHER THAN THE UNITED STATES FLAG, THE PENNSYLVANIA
FLAG OR A FLAG AUTHORIZED UNDER THE ACT OF MARCH 4, 1970
(P.L.128, NO.49), ENTITLED "AN ACT G RANTING TO THE GOVERNOR
OF THE COMMONWEALTH THE SOLE AUTHORITY FOR REGULATING THE
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DISPLAY OF THE FLAG OF THE UNITED STATES FROM ANY PUBLIC
GROUND OR BUILDING AND FROM ANY GROUND OR BUILDING OF CERTAIN
OTHER INSTITUTIONS ," SHALL BE FLOWN OVER THE PENNSYLVANIA
STATE CAPITOL BUILDING OR ON PENNSYLVANIA STATE CAPITOL
GROUNDS.
(3) THE DEPARTMENT OF GENERAL SERVICES SHALL ENSURE THAT
NO BANNERS, POSTERS, TEMPORARY SIGNAGE OR OTHER SIMILAR
MATERIAL, EXCEPT FOR INFORMATIONAL MATERIAL TO AID NAVIGATION
OF THE FACILITIES OR SIGNAGE NECESSARY FOR HEALTH OR SAFETY,
SHALL BE DISPLAYED ON THE OUTSIDE OF THE PENNSYLVANIA STATE
CAPITOL BUILDING, INCLUDING ITS ALCOVES, BALCONIES AND
WINDOWS.
* * *
SECTION 9. SECTIONS 1724.1-E AND 1725-E OF THE ACT ARE
AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 1724.1-E. PENNSYLVANIA GAMING CONTROL BOARD.
* * *
(F) TEMPORARY REGULATIONS.--NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE TEMPORARY REGULATIONS PUBLISHED UNDER 4
PA.C.S. §§ 13A03 (RELATING TO TEMPORARY TABLE GAME REGULATIONS),
13B03 (RELATING TO REGULATIONS), 13C03 (RELATING TO TEMPORARY
SPORTS WAGERING REGULATIONS), 13F07 (RELATING TO TEMPORARY
REGULATIONS) AND 3303 (RELATING TO TEMPORARY REGULATIONS) SHALL
EXPIRE THREE YEARS AFTER THE DATE OF PUBLICATION.
SECTION 1725-E. DEPARTMENT OF HEALTH.
* * *
(C) DISPENSARY PERMIT.--IF A PERSON HOLDS A PERMIT TO
OPERATE AS A MEDICAL MARIJUANA DISPENSARY UNDER THE ACT OF APRIL
17, 2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT,
AND THE PERMIT IS SURRENDERED, REVOKED OR OTHERWISE FORFEITED,
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THE DEPARTMENT OF HEALTH SHALL ISSUE THE DISPENSARY PERMIT TO
THE NEXT MOST-QUALIFIED APPLICANT IN THE SAME REGION ACCORDING
TO THE DEPARTMENT'S RANKING AND SCORING IN THE APPLICATION PHASE
DURING WHICH THE INITIAL PERMIT WAS ISSUED. THIS PROVISION DOES
NOT APPLY TO PERMITS ISSUED UNDER SECTION 2002 OF THE MEDICAL
MARIJUANA ACT.
SECTION 10. SECTION 1728-E OF THE ACT IS AMENDED TO READ:
SECTION 1728-E. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
[(RESERVED)].
THE DEFINITION OF "CUSTOMER-GENERATOR" IN SECTION 2 OF THE
ACT OF NOVEMBER 30, 2004 (P.L.1672, NO.213), KNOWN AS THE
ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT, SHALL INCLUDE NET-
METERED DISTRIBUTED GENERATION SYSTEMS OWNED, OPERATED OR
SUPPORTING THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS ON
PROPERTY OWNED OR LEASED AND OPERATED BY THE DEPARTMENT WITH A
NAMEPLATE CAPACITY NOT TO EXCEED THE DEPARTMENT'S ANNUAL
ELECTRIC NEEDS TO SUPPORT THE DEPARTMENT'S FACILITIES ON ITS
PROPERTY.
SECTION 11. SECTION 1729-E OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 1729-E. DEPARTMENT OF HUMAN SERVICES.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF HUMAN SERVICES:
* * *
(7) A PROVIDER THAT DELIVERS SERVICES SUBJECT TO SECTION
12006(A) OF THE 21ST CENTURY CURES ACT (PUBLIC LAW 114-255,
130 STAT. 1033) SHALL ELECTRONICALLY REPORT TO THE DEPARTMENT
OR ITS AUTHORIZED CONTRACTOR EACH VISIT CONDUCTED AS PART OF
THE SERVICES. THE ELECTRONIC VISIT INFORMATION REPORTED SHALL
INCLUDE ALL INFORMATION FOUND IN THE DEFINITION OF
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"ELECTRONIC VISIT VERIFICATION SYSTEM" UNDER SECTION 12006(A)
OF THE 21 ST CENTURY CURES ACT. THE PROVIDER SHALL SUBMIT THE
INFORMATION IN A FORMAT PRESCRIBED BY THE DEPARTMENT. THE
DEPARTMENT OR ITS AUTHORIZED CONTRACTOR MAY USE THE
INFORMATION REPORTED UNDER THIS PARAGRAPH TO VALIDATE OR DENY
CLAIMS SUBMITTED UNDER THE MEDICAL ASSISTANCE PROGRAM.
SECTION 12. SECTION 1730-E OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1730-E. DEPARTMENT OF REVENUE.
* * *
(C) MILITARY INSTALLATION REMEDIATION PROGRAM.--
NOTWITHSTANDING CHAPTER 3-A OF THE ACT OF DECEMBER 8, 2004
(P.L.1801, NO.238), KNOWN AS THE TRANSIT REVITALIZATION
INVESTMENT DISTRICT ACT, AND ANY LAW PROVIDING FOR THE
CONFIDENTIALITY OF TAX RECORDS, THE FOLLOWING SHALL APPLY:
(1) THE QUALIFIED AUTHORITY AND EACH LOCAL TAXING
AUTHORITY SHALL HAVE ACCESS TO A REPORT AND CERTIFICATION
FILED UNDER CHAPTER 3-A OF THE TRANSIT REVITALIZATION
INVESTMENT DISTRICT ACT ON OR AFTER NOVEMBER 27, 2019.
(2) THE QUALIFIED AUTHORITY SHALL HAVE ACCESS TO STATE
OR LOCAL TAX INFORMATION FILED ON OR AFTER NOVEMBER 27, 2019,
BY A QUALIFIED BUSINESS FOR A DESIGNATED PARCEL UNDER SECTION
301-A(A)(4) OF THE TRANSIT REVITALIZATION INVESTMENT DISTRICT
ACT SOLELY FOR THE PURPOSE OF DOCUMENTING THE CERTIFICATION
REQUIRED UNDER CHAPTER 3-A OF THE TRANSIT REVITALIZATION
INVESTMENT DISTRICT ACT. ANY OTHER USE OF THE TAX INFORMATION
DESCRIBED IN THIS SUBSECTION SHALL BE PROHIBITED AS PROVIDED
UNDER LAW.
(3) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND
PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
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PARAGRAPH UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"MILITARY INSTALLATION REMEDIATION PROJECT." AS DEFINED
IN SECTION 103 OF THE TRANSIT REVITALIZATION INVESTMENT
DISTRICT ACT.
"QUALIFIED TAX." AS DEFINED IN SECTION 103 OF THE
TRANSIT REVITALIZATION INVESTMENT DISTRICT ACT.
"QUALIFIED AUTHORITY." AS DEFINED IN SECTION 103 OF THE
TRANSIT REVITALIZATION INVESTMENT DISTRICT ACT .
"QUALIFIED TAXPAYER." AS DEFINED IN SECTION 103 OF THE
TRANSIT REVITALIZATION INVESTMENT DISTRICT ACT.
SECTION 13. ARTICLE XVII-E OF THE ACT IS AMENDED BY ADDING A
SUBARTICLE TO READ:
SUBARTICLE C
LEGISLATIVE DEPARTMENT
SECTION 1761-E. SENATE (RESERVED).
SECTION 1762-E. HOUSE OF REPRESENTATIVES (RESERVED).
SECTION 1763-E. LEGISLATIVE REFERENCE BUREAU.
THE FOLLOWING SHALL APPLY:
(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, INCLUDING 62 PA.C.S. (RELATING TO PROCUREMENT), THE
PENNSYLVANIA CONSOLIDATED STATUTES, ADVANCE COPIES OF
STATUTES, VOLUMES OF THE LAWS OF PENNSYLVANIA AND OTHER
PUBLICATIONS SHALL BE PUBLISHED UNDER CONTRACTS ENTERED INTO
BY THE LEGISLATIVE REFERENCE BUREAU AND DISSEMINATED AS
DETERMINED BY THE BUREAU. MONEY FROM SALES SHALL BE PAID TO
THE BUREAU OR THE DEPARTMENT OF GENERAL SERVICES, AS THE
BUREAU SHALL DETERMINE, AND THAT MONEY SHALL BE PAID INTO THE
STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. MONEY FROM
SALES IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
LEGISLATIVE REFERENCE BUREAU FOR THE PUBLICATION AND
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DISSEMINATION OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
ADVANCE COPIES OF STATUTES, VOLUMES OF THE LAWS OF
PENNSYLVANIA AND OTHER PUBLICATIONS AND FOR RELATED EXPENSES.
(2) CONTINGENT EXPENSES CONNECTED WITH THE WORK OF THE
BUREAU SHALL BE PAID ON WARRANTS OF THE STATE TREASURER IN
FAVOR OF THE DIRECTOR ON THE PRESENTATION OF THE DIRECTOR'S
REQUISITIONS.
(3) THE DIRECTOR SHALL FILE AN ACCOUNTING OF THE
CONTINGENT EXPENSES, TOGETHER WITH SUPPORTING DOCUMENTS
WHENEVER POSSIBLE, IN THE OFFICE OF THE BUREAU.
SECTION 1764-E. LEGISLATIVE BUDGET AND FINANCE COMMITTEE
(RESERVED).
SECTION 1765-E. LEGISLATIVE DATA PROCESSING COMMITTEE
(RESERVED).
SECTION 1766-E. JOINT STATE GOVERNMENT COMMISSION (RESERVED).
SECTION 1767-E. LOCAL GOVERNMENT COMMISSION (RESERVED).
SECTION 1768-E. JOINT LEGISLATIVE AIR AND WATER POLLUTION
CONTROL AND CONSERVATION COMMITTEE (RESERVED).
SECTION 1769-E. LEGISLATIVE AUDIT ADVISORY COMMISSION
(RESERVED).
SECTION 1770-E. INDEPENDENT REGULATORY REVIEW COMMISSION
(RESERVED).
SECTION 1771-E. CAPITOL PRESERVATION COMMITTEE (RESERVED).
SECTION 1772-E. PENNSYLVANIA COMMISSION ON SENTENCING
(RESERVED).
SECTION 1773-E. CENTER FOR RURAL PENNSYLVANIA (RESERVED).
SECTION 1774-E. COMMONWEALTH MAIL PROCESSING CENTER (RESERVED).
SECTION 1775-E. CHIEF CLERK OF THE SENATE AND CHIEF CLERK OF
THE HOUSE OF REPRESENTATIVES (RESERVED).
SECTION 14. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
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SECTION 1799.10-E. PENNSYLVANIA PUBLIC UTILITY COMMISSION.
(A) ALTERNATIVE ENERGY PORTFOLIO STANDARDS.--
(1) NOTWITHSTANDING SECTION 4 OF THE ACT OF NOVEMBER 30,
2004 (P.L.1672, NO.213), KNOWN AS THE ALTERNATIVE ENERGY
PORTFOLIO STANDARDS ACT, IN ORDER TO QUALIFY AS AN
ALTERNATIVE ENERGY SOURCE ELIGIBLE TO MEET THE TIER II SHARE
OF THIS COMMONWEALTH'S COMPLIANCE REQUIREMENTS UNDER SECTION
3(C) OF THE ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT AND TO
QUALIFY FOR TIER II ALTERNATIVE ENERGY PORTFOLIO CREDITS,
EACH TIER II SOURCE MUST DO ONE OF THE FOLLOWING:
(I) DIRECTLY DELIVER THE ELECTRICITY IT GENERATES TO
A RETAIL CUSTOMER OF AN ELECTRIC DISTRIBUTION COMPANY OR
TO THE DISTRIBUTION SYSTEM OPERATED BY AN ELECTRIC
DISTRIBUTION COMPANY OPERATING WITHIN THIS COMMONWEALTH
AND CURRENTLY OBLIGATED TO MEET THE COMPLIANCE
REQUIREMENTS CONTAINED UNDER THE ALTERNATIVE ENERGY
PORTFOLIO STANDARDS ACT.
(II) BE DIRECTLY CONNECTED TO THE ELECTRIC SYSTEM OF
AN ELECTRIC COOPERATIVE OR MUNICIPAL ELECTRIC SYSTEM
OPERATING WITHIN THIS COMMONWEALTH.
(III) CONNECT DIRECTLY TO THE ELECTRIC TRANSMISSION
SYSTEM AT A LOCATION THAT IS WITHIN THE SERVICE TERRITORY
OF AN ELECTRIC DISTRIBUTION COMPANY OPERATING WITHIN THIS
COMMONWEALTH.
(IV) GENERATE ELECTRICITY AT GENERATION UNITS WHOSE
CONSTRUCTION AND OPERATION IS SUBJECT TO AND COMPLIES
WITH PERMITS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF THE COMMONWEALTH UNDER THE ACT OF JANUARY
8, 1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR
POLLUTION CONTROL ACT, OR THE ACT OF JULY 7, 1980
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(P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT
ACT.
(2) NOTHING UNDER THIS SECTION OR SECTION 4 OF THE
ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT SHALL AFFECT ANY
OF THE FOLLOWING:
(I) A CERTIFICATION ORIGINATING WITHIN THE
GEOGRAPHICAL BOUNDARIES OF THIS COMMONWEALTH GRANTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OF A TIER II
ENERGY GENERATOR AS A QUALIFYING ALTERNATIVE ENERGY
SOURCE ELIGIBLE TO MEET THE TIER II SHARE OF THIS
COMMONWEALTH'S ALTERNATIVE ENERGY PORTFOLIO COMPLIANCE
REQUIREMENTS UNDER THE ALTERNATIVE ENERGY PORTFOLIO
STANDARDS ACT.
(II) CERTIFICATION OF A TIER II SOURCE WITH A
BINDING WRITTEN CONTRACT FOR THE SALE AND PURCHASE OF
ALTERNATIVE ENERGY CREDITS DERIVED FROM TIER II ENERGY
SOURCES FOR THE REMAINING TERM OF THE CONTRACT AS OF THE
EFFECTIVE DATE OF THIS SECTION, BUT ONLY UNTIL THE
CURRENT TERM OF THE CONTRACT TERMINATES.
(B) APPLICABILITY.--THIS SECTION SHALL APPLY TO CONTRACTS
ENTERED INTO OR RENEWED ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ALTERNATIVE ENERGY SOURCE." AS THE TERM "ALTERNATIVE ENERGY
SOURCES" IS DEFINED IN SECTION 2 OF THE ALTERNATIVE ENERGY
PORTFOLIO STANDARDS ACT.
"ELECTRIC DISTRIBUTION COMPANY." AS DEFINED IN SECTION 2 OF
THE ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT
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SECTION 15. ARTICLES XVII-L AND XVII-M OF THE ACT ARE
REPEALED:
[ARTICLE XVII-L
2020-2021 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
SECTION 1701-L. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT OF 2020 AND ALL OTHER
APPROPRIATION ACTS OF 2020.
SECTION 1702-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:
"GENERAL APPROPRIATION ACT OF 2020." THE ACT OF MAY 29, 2020
(P.L. , NO.1A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2020.
"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-L. DEPARTMENT OF CRIMINAL JUSTICE.
FOR THE PURPOSES OF THE GENERAL APPROPRIATION ACT OF 2020, A
REFERENCE TO THE DEPARTMENT OF CRIMINAL JUSTICE SHALL BE DEEMED
TO BE A REFERENCE TO THE DEPARTMENT OF CORRECTIONS OR THE
PENNSYLVANIA PAROLE BOARD, OR BOTH, AS APPLICABLE.
SUBARTICLE B
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EXECUTIVE DEPARTMENTS
SECTION 1711-L. GOVERNOR (RESERVED).
SECTION 1712-L. EXECUTIVE OFFICES.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY:
(1) MONEY APPROPRIATED FOR INTERMEDIATE PUNISHMENT
TREATMENT PROGRAMS SHALL BE DISTRIBUTED COMPETITIVELY TO
COUNTIES FOR OFFENDERS SENTENCED TO INTERMEDIATE PUNISHMENT
PROGRAMS. 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.
(2) THE FOLLOWING APPLY:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 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 FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR A
RESIDENTIAL TREATMENT COMMUNITY FACILITY FOR AT-RISK
YOUTH LOCATED IN A COUNTY OF THE FIFTH CLASS.
(III) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR 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) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
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IN THE 2019-2020 FISCAL YEAR 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.
(3) FROM MONEY APPROPRIATED FOR VIOLENCE AND DELINQUENCY
PREVENTION PROGRAMS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR PROGRAMS
IN A CITY OF THE SECOND CLASS, AND NO LESS THAN FIVE-TWELFTHS
OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED
FOR BLUEPRINT MENTORING PROGRAMS THAT ADDRESS REDUCING YOUTH
VIOLENCE IN CITIES OF THE FIRST, SECOND AND THIRD CLASS.
SECTION 1713-L. LIEUTENANT GOVERNOR (RESERVED).
SECTION 1714-L. ATTORNEY GENERAL (RESERVED).
SECTION 1715-L. AUDITOR GENERAL.
FROM MONEY APPROPRIATED FOR SPECIAL FINANCIAL AUDITS, NO LESS
THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL
YEAR SHALL BE USED FOR THE FINANCIAL AUDITING OF ENTITIES THAT
RECEIVE FUNDS THROUGH CONTRACTS WITH THE DEPARTMENT OF HUMAN
SERVICES FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE -
CAPITATION, MEDICAL ASSISTANCE COMMUNITY HEALTHCHOICES, MEDICAL
ASSISTANCE - LONG-TERM CARE, MENTAL HEALTH SERVICES OR THE
INTELLECTUAL DISABILITIES - COMMUNITY WAIVER PROGRAM.
SECTION 1716-L. TREASURY DEPARTMENT (RESERVED).
SECTION 1717-L. DEPARTMENT OF AGING (RESERVED).
SECTION 1718-L. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
AGRICULTURE:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
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TRANSFERRED IN THE 2019-2020 FISCAL YEAR SHALL BE TRANSFERRED
TO THE DOG LAW RESTRICTED ACCOUNT.
(2) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED FOR THE COMMISSION OF
AGRICULTURAL EDUCATION EXCELLENCE TO ASSIST IN DEVELOPMENT
AND IMPLEMENTATION OF AGRICULTURAL EDUCATION PROGRAMMING.
(3) FROM MONEY APPROPRIATED FOR AGRICULTURAL
PREPAREDNESS AND RESPONSE, AN AMOUNT EQUAL TO $416,667 SHALL
BE USED FOR AGRICULTURAL PREPAREDNESS AND RESPONSE PURPOSES
AS PROVIDED BY LEGISLATION ENACTED BY THE GENERAL ASSEMBLY
AFTER THE EFFECTIVE DATE OF THIS CLAUSE.
(4) FROM MONEY APPROPRIATED FOR AGRICULTURAL RESEARCH,
THE FOLLOWING APPLY:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
AGRICULTURAL RESOURCE CENTER.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
AGRICULTURAL LAW RESEARCH PROGRAMS, INCLUDING THOSE
ADDRESSING ENERGY DEVELOPMENT, IN CONJUNCTION WITH A
LAND-GRANT UNIVERSITY.
(5) THE APPROPRIATION FOR AGRICULTURE PROMOTION,
EDUCATION AND EXPORTS INCLUDES NO LESS THAN FIVE-TWELFTHS OF
THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED
FOR COSTS RELATED TO SUPPORTING THE EXPANSION OF HEMP
FARMING, INCLUDING PROGRAM DEVELOPMENT, OUTREACH AND
EDUCATION.
(6) FROM MONEY APPROPRIATED FOR HARDWOODS RESEARCH AND
PROMOTION, AT LEAST 80% OF THE MONEY SHALL BE EQUALLY
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DISTRIBUTED AMONG THE HARDWOOD UTILIZATION GROUPS OF THIS
COMMONWEALTH ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
(7) 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
PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMONWEALTH
FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE," THE
DEPARTMENT MAY USE UP TO A TOTAL 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 PARAGRAPH.
SECTION 1719-L. 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:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
THE 2019-2020 FISCAL YEAR SHALL BE USED TO BUILD CAPACITY
AND SUPPORT FOR ECONOMIC DEVELOPMENT INITIATIVES RELATED
TO THE REHABILITATION AND MARKETING OF COMMERCIAL
DISTRICTS BY A COUNTY ECONOMIC DEVELOPMENT AUTHORITY IN A
COUNTY OF THE SIXTH CLASS WITH A POPULATION OF AT LEAST
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45,950, BUT NOT MORE THAN 46,500, UNDER THE 2010 FEDERAL
DECENNIAL CENSUS.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO SUPPORT A
MANUFACTURING TECHNOLOGY DEVELOPMENT EFFORT IN A COUNTY
OF THE FOURTH CLASS WITH A POPULATION OF AT LEAST
143,679, BUT NOT MORE THAN 144,200, UNDER THE 2010
FEDERAL DECENNIAL CENSUS.
(2) FROM MONEY APPROPRIATED FOR MARKETING TO ATTRACT
TOURISTS:
(I) $1,695,000 SHALL BE USED TO FUND THE ACTIVITIES
OF THE TOURISM OFFICE WITHIN THE DEPARTMENT; AND
(II) THE REMAINING MONEY INCLUDES AN ALLOCATION, NOT
TO EXCEED FIVE-TWELFTHS OF THE AMOUNT ALLOCATED IN THE
2019-2020 FISCAL YEAR, TO BE USED TO PLAN, MARKET AND
CONDUCT A SERIES OF ARTS AND CULTURAL ACTIVITIES THAT
GENERATE STATEWIDE AND REGIONAL ECONOMIC IMPACT, AND NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-
2020 FISCAL YEAR SHALL BE USED FOR AN ANNUAL STATEWIDE
COMPETITION SERVING APPROXIMATELY 2,000 ATHLETES WITH
INTELLECTUAL DISABILITIES FROM ACROSS THIS COMMONWEALTH
TO BE HELD IN A COUNTY OF THE FOURTH CLASS.
(3) FROM MONEY APPROPRIATED FOR KEYSTONE COMMUNITIES:
(I) $2,649,000 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) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
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IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN
ANTIVIOLENCE TASK FORCE, IN CONSULTATION WITH THE OFFICE
OF ATTORNEY GENERAL, IN A COUNTY OF THE SECOND CLASS A
THAT IS ALSO A HOME RULE COUNTY.
(III) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO ESTABLISH A
BROADBAND EXPANSION PILOT PROGRAM THAT IS A JOINT VENTURE
BETWEEN TWO LOCAL DEVELOPMENT DISTRICTS OPERATING IN THE
NORTH CENTRAL AND NORTH WESTERN REGIONS OF THIS
COMMONWEALTH.
(IV) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED TO PROVIDE
FUNDING FOR INNOVATIVE PILOT PROGRAMS TO PROVIDE OR
EXPAND COST-EFFECTIVE BROADBAND SERVICES TO UNDERSERVED,
RURAL AREAS. PILOT PROGRAMS UNDER THIS PARAGRAPH SHALL BE
IMPLEMENTED BY THE REGIONAL ECONOMIC DEVELOPMENT ENTITIES
THAT SERVE THE APPALACHIA AREA OF THIS COMMONWEALTH.
(V) THE REMAINING MONEY SHALL BE USED FOR PROJECTS
SUPPORTING ECONOMIC GROWTH, COMMUNITY DEVELOPMENT AND
MUNICIPAL ASSISTANCE THROUGHOUT THIS COMMONWEALTH.
(4) FUNDS APPROPRIATED FOR LOCAL MUNICIPAL RELIEF SHALL
INCLUDE AN ALLOCATION TO PROVIDE STATE ASSISTANCE TO
INDIVIDUALS, PERSONS OR POLITICAL SUBDIVISIONS DIRECTLY
AFFECTED BY NATURAL OR MAN-MADE 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
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AVAILABLE FOR REIMBURSEMENT IN A DISASTER EMERGENCY AREA ONLY
WHEN A PRESIDENTIAL DISASTER DECLARATION DOES NOT COVER THE
AREA OR WHEN THE DEPARTMENT DETERMINES THAT A PUBLIC SAFETY
EMERGENCY HAS OCCURRED.
(5) 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 FUNDS RECEIVED PURSUANT TO THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-
383, 88 STAT. 633) FOR ADMINISTRATIVE COSTS.
SECTION 1720-L. DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES (RESERVED).
SECTION 1721-L. DEPARTMENT OF CORRECTIONS.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
CORRECTIONS:
(1) FROM THE APPROPRIATION TO THE DEPARTMENT OF CRIMINAL
JUSTICE FOR GENERAL GOVERNMENT OPERATIONS UNDER THE GENERAL
APPROPRIATION ACT OF 2020, NO LESS THAN FIVE-TWELFTHS OF THE
AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED BY THE
DEPARTMENT OF CORRECTIONS FOR NONNARCOTIC MEDICATION
SUBSTANCE USE DISORDER TREATMENT, WHICH MAY INCLUDE THE
ESTABLISHMENT AND ADMINISTRATION OF A NONNARCOTIC MEDICATION
ASSISTED SUBSTANCE ABUSE TREATMENT GRANT PROGRAM.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FOR THE PURPOSES OF ANY PROGRAM FUNDED UNDER
PARAGRAPH (1) AND ESTABLISHED UNDER 61 PA.C.S. CH. 46
(RELATING TO NONNARCOTIC MEDICATION ASSISTED SUBSTANCE ABUSE
TREATMENT GRANT PILOT PROGRAM), "ELIGIBLE OFFENDER" MEANS A
DEFENDANT OR INMATE CONVICTED OF A CRIMINAL OFFENSE WHO WILL
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BE COMMITTED TO THE CUSTODY OF THE COUNTY AND WHO MEETS THE
CLINICAL CRITERIA FOR AN OPIOID AND OR ALCOHOL USE DISORDER
AS DETERMINED BY A PHYSICIAN.
SECTION 1721.1-L. DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS
(RESERVED).
SECTION 1722-L. DEPARTMENT OF EDUCATION.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE DEPARTMENT
OF EDUCATION:
(1) FROM AN APPROPRIATION FOR ADULT AND FAMILY LITERACY
PROGRAMS, SUMMER READING PROGRAMS AND THE ADULT HIGH SCHOOL
DIPLOMAS PROGRAM, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR AN AFTER-
SCHOOL LEARNING PROGRAM SERVICING LOW-INCOME STUDENTS LOCATED
IN A COUNTY OF THE SIXTH CLASS WITH A POPULATION, BASED ON
THE MOST RECENT FEDERAL DECENNIAL CENSUS, OF AT LEAST 60,000
BUT NOT MORE THAN 70,000, AND NO LESS THAN FIVE-TWELFTHS OF
THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED
FOR AN AFTER-SCHOOL LEARNING PROGRAM SERVICING LOW-INCOME
STUDENTS LOCATED IN A COUNTY OF THE THIRD CLASS WITH A
POPULATION, BASED ON THE 2010 FEDERAL DECENNIAL CENSUS, OF AT
LEAST 320,000 BUT NOT MORE THAN 321,000.
(2) FROM MONEY APPROPRIATED FOR THE PRE-K COUNTS
PROGRAM, THE PER-STUDENT GRANT AWARD AMOUNT FOR GRANTS MADE
PURSUANT TO SECTION 1514-D OF THE PUBLIC SCHOOL CODE OF 1949
SHALL BE PAID AT THE SAME RATE AS THE AMOUNT PAID IN FISCAL
YEAR 2019-2020.
(3) FROM MONEY APPROPRIATED FOR PENNSYLVANIA CHARTERED
SCHOOLS FOR THE DEAF AND BLIND:
(I) UPON DISTRIBUTION OF THE FINAL TUITION PAYMENT
FOR FISCAL YEAR 2020-2021, THE BALANCE OF THE
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APPROPRIATION, EXCLUDING FUNDS FOR CAPITAL-RELATED COSTS
AND DEFERRED MAINTENANCE, 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 2019-2020 FISCAL YEAR.
(II) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR CAPITAL-
RELATED COSTS AND DEFERRED MAINTENANCE TO BE DIVIDED
EQUALLY BETWEEN EACH SCHOOL.
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MONEY
FROM THE 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.
(5) MONEY APPROPRIATED FOR REGIONAL COMMUNITY COLLEGE
SERVICES SHALL BE DISTRIBUTED TO EACH ENTITY THAT RECEIVED
FUNDING IN FISCAL YEAR 2019-2020 IN AN AMOUNT EQUAL TO THE
AMOUNT IT RECEIVED IN THAT FISCAL YEAR.
(6) MONEY APPROPRIATED FOR COMMUNITY EDUCATION COUNCILS
SHALL BE DISTRIBUTED TO EACH ENTITY THAT RECEIVED FUNDING IN
FISCAL YEAR 2019-2020 IN AN AMOUNT EQUAL TO THE AMOUNT IT
RECEIVED IN THAT FISCAL YEAR.
(7) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
CODE OF 1949 OR 24 PA.C.S. § 8329 (RELATING TO PAYMENTS ON
ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS),
NO PAYMENTS SHALL BE MADE TO CHARTER SCHOOLS, REGIONAL
CHARTER SCHOOLS OR CYBER CHARTER SCHOOLS AUTHORIZED UNDER
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ARTICLE XVII-A OF THE PUBLIC SCHOOL CODE OF 1949 TO PROVIDE
FOR SOCIAL SECURITY AND MEDICARE CONTRIBUTIONS FROM MONEY
APPROPRIATED FOR BASIC EDUCATION FUNDING OR SCHOOL EMPLOYEES'
SOCIAL SECURITY.
(8) NOTWITHSTANDING SECTION 1724-A OF THE PUBLIC SCHOOL
CODE OF 1949 OR 24 PA.C.S. §§ 8326 (RELATING TO CONTRIBUTIONS
BY THE COMMONWEALTH) AND 8535 (RELATING TO PAYMENTS TO SCHOOL
ENTITIES BY COMMONWEALTH), NO PAYMENTS SHALL BE MADE TO
CHARTER SCHOOLS, REGIONAL CHARTER SCHOOLS OR CYBER CHARTER
SCHOOLS AUTHORIZED UNDER ARTICLE XVII-A OF THE PUBLIC SCHOOL
CODE OF 1949 FROM MONEY APPROPRIATED FOR PAYMENT OF REQUIRED
CONTRIBUTIONS FOR PUBLIC SCHOOL EMPLOYEES' RETIREMENT.
SECTION 1723-L. DEPARTMENT OF ENVIRONMENTAL PROTECTION
(RESERVED).
SECTION 1724-L. 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 1725-L. DEPARTMENT OF HEALTH.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
HEALTH:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, SUFFICIENT MONEY SHALL BE INCLUDED FOR THE
COORDINATION OF DONATED DENTAL SERVICES, AND NO LESS THAN
FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
SHALL BE USED FOR OUTREACH FOR CHARCOT-MARIE-TOOTH SYNDROME.
(2) FROM MONEY APPROPRIATED FOR DIABETES PROGRAMS, NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020
FISCAL YEAR SHALL BE USED FOR TYPE I DIABETES AWARENESS,
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EDUCATION AND OUTREACH.
(3) FROM MONEY APPROPRIATED FOR ADULT CYSTIC FIBROSIS
AND OTHER CHRONIC RESPIRATORY ILLNESSES, NO LESS THAN FIVE-
TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
SHALL BE USED FOR A PROGRAM PROMOTING CYSTIC FIBROSIS
RESEARCH IN A COUNTY OF THE SECOND CLASS AND NO LESS THAN
FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL YEAR
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.
(4) FROM MONEY APPROPRIATED FOR LYME DISEASE, NO LESS
THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020 FISCAL
YEAR SHALL BE USED FOR COSTS RELATED TO FREE TICK TESTING FOR
RESIDENTS PERFORMED IN CONJUNCTION WITH A UNIVERSITY THAT IS
PART OF THE STATE SYSTEM OF HIGHER EDUCATION, INCLUDING
OUTREACH AND MARKETING.
(5) MONEY APPROPRIATED FOR LUPUS PROGRAMS SHALL BE
DISTRIBUTED PROPORTIONATELY TO EACH ENTITY THAT RECEIVED
FUNDING IN FISCAL YEAR 2018-2019.
(6) MONEY APPROPRIATED FOR BIOTECHNOLOGY RESEARCH SHALL
INCLUDE ALLOCATIONS FOR REGENERATIVE MEDICINE RESEARCH, FOR
REGENERATIVE MEDICINE MEDICAL TECHNOLOGY, FOR HEPATITIS AND
VIRAL RESEARCH, FOR DRUG RESEARCH AND CLINICAL TRIALS RELATED
TO CANCER, PULMONARY EMBOLISM AND DEEP VEIN THROMBOSIS, FOR
GENETIC AND MOLECULAR RESEARCH FOR DISEASE IDENTIFICATION AND
ERADICATION, FOR NANOTECHNOLOGY AND FOR THE COMMERCIALIZATION
OF APPLIED RESEARCH.
(7) FROM THE APPROPRIATION FOR LEUKEMIA AND LYMPHOMA, NO
LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-2020
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FISCAL YEAR SHALL BE DISTRIBUTED TO A BRANCH OF AN EASTERN
PENNSYLVANIA CHAPTER OF A NONPROFIT ORGANIZATION, WHERE THE
BRANCH IS LOCATED WITHIN A CITY OF THE THIRD CLASS THAT IS
LOCATED IN TWO COUNTIES OF THE THIRD CLASS, DEDICATED TO
AWARENESS, EDUCATION, PATIENT ASSISTANCE AND OUTREACH RELATED
TO BLOOD CANCER.
(8) FUNDS APPROPRIATED FOR HEMOPHILIA SERVICES SHALL BE
DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED
IN FISCAL YEAR 2019-2020.
(9) FUNDS APPROPRIATED FOR SICKLE CELL ANEMIA SERVICES,
INCLUDING CAMPS FOR CHILDREN WITH SICKLE CELL ANEMIA, SHALL
BE DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS
DISTRIBUTED IN FISCAL YEAR 2019-2020.
(10) FUNDS APPROPRIATED FOR ADULT CYSTIC FIBROSIS AND
OTHER CHRONIC RESPIRATORY ILLNESSES SHALL BE DISTRIBUTED TO
GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED IN FISCAL YEAR
2019-2020.
(11) FUNDS 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.
(12) FUNDS APPROPRIATED FOR SERVICES FOR CHILDREN WITH
SPECIAL NEEDS SHALL BE DISTRIBUTED TO GRANTEES IN THE SAME
PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.
SECTION 1726-L. INSURANCE DEPARTMENT (RESERVED).
SECTION 1727-L. DEPARTMENT OF LABOR AND INDUSTRY.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF
LABOR AND INDUSTRY:
(1) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF LABOR
AND INDUSTRY FOR INDUSTRY PARTNERSHIPS:
(I) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN
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THE 2019-2020 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.
(II) (RESERVED).
(2) (RESERVED).
SECTION 1728-L. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(RESERVED).
SECTION 1729-L. 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, NO LESS THAN FIVE-TWELFTHS OF THE
AMOUNT USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
THE FOLLOWING:
(I) THE OPERATION AND MAINTENANCE OF A NETWORK OF
WEB PORTALS THAT PROVIDE COMPREHENSIVE REFERRAL SERVICES,
SUPPORT AND INFORMATION RELATING TO EARLY INTERVENTION,
PREVENTION AND SUPPORT FOR INDIVIDUALS WITH MENTAL HEALTH
OR SUBSTANCE ABUSE ISSUES, COUNTY MENTAL HEALTH OFFICES,
PROVIDERS AND OTHERS THAT PROVIDE MENTAL AND BEHAVIORAL
HEALTH TREATMENT AND RELATED SERVICES.
(II) THE EXPANSION OF THE EXISTING WEB PORTALS,
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) FROM MONEY APPROPRIATED FOR MENTAL HEALTH SERVICES,
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NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED IN THE 2019-
2020 FISCAL YEAR SHALL BE USED FOR EXPANDED SERVICES FOR A
PEDIATRIC MENTAL HEALTH HOSPITAL AND AN ADOLESCENT
RESIDENTIAL TREATMENT PROGRAM IN A COUNTY OF THE THIRD CLASS
WITH A POPULATION OF AT LEAST 349,000, BUT NOT MORE THAN
350,000, UNDER THE 2010 FEDERAL DECENNIAL CENSUS.
(3) THE FOLLOWING SHALL APPLY:
(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 SELECT PLAN 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) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
FEE-FOR-SERVICE CARE, THE FOLLOWING APPLY:
(A) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
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USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
CLEFT PALATES AND OTHER CRANIOFACIAL ANOMALIES.
(B) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE
DISTRIBUTED TO A HOSPITAL FOR CLINICAL OPHTHALMOLOGIC
SERVICES LOCATED IN A CITY OF THE FIRST CLASS.
(C) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE
DISTRIBUTED FOR IMPROVEMENTS TO AN ACUTE CARE
HOSPITAL LOCATED IN A CITY OF THE FIRST CLASS.
(D) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR 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.
(E) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE
DISTRIBUTED TO A UNIVERSITY LOCATED IN A CITY OF THE
FIRST CLASS TO EXPAND RESEARCH AND TREATMENT
PROTOCOLS FOR COMBATING OPIOID ADDICTION.
(F) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR
AN ACUTE CARE HOSPITAL LOCATED IN A CITY OF THE THIRD
CLASS IN A COUNTY OF THE THIRD CLASS FOR A REGIONAL
BREAST CANCER CENTER.
(G) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR 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
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HEALTH AND MEDICAL REHABILITATION PEDIATRIC
OUTPATIENT SERVICES.
(V) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
CAPITATION, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT USED
IN THE 2019-2020 FISCAL YEAR SHALL BE USED FOR PREVENTION
AND TREATMENT OF DEPRESSION AND ITS COMPLICATIONS IN
OLDER PENNSYLVANIANS IN A COUNTY OF THE SECOND CLASS.
(VI) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM CARE:
(A) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 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 1.17 AS OF AUGUST 1, 2019, TO
ENSURE ACCESS TO NECESSARY NURSING CARE IN THAT
COUNTY.
(B) NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR 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 1.09 AS OF AUGUST 1, 2019,
TO ENSURE ACCESS TO NECESSARY NURSING HOME CARE IN
THAT COUNTY.
(VII) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM CARE, NO LESS THAN FIVE-TWELFTHS OF THE AMOUNT
USED IN THE 2019-2020 FISCAL YEAR SHALL BE DISTRIBUTED TO
A SPECIAL REHABILITATION FACILITY IN PEER GROUP NUMBER 13
IN A CITY OF THE THIRD CLASS WITH A POPULATION BETWEEN
115,000 AND 120,000 BASED UPON THE 2010 FEDERAL DECENNIAL
CENSUS, AND AN ADDITIONAL, AT LEAST, FIVE-TWELFTHS OF THE
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