Regular Session 2023-2024 House Bill 1300 P.N. 2441

SENATE AMENDED

PRIOR PRINTER'S NOS. 1378, 1446, 1943,

2107

PRINTER'S NO. 2441

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1300

Session of

2023

INTRODUCED BY MEHAFFIE, KIM, MADDEN, HILL-EVANS, KHAN,

SCHLOSSBERG, DELLOSO, GUENST, CIRESI, SANCHEZ, GREEN,

KENYATTA, T. DAVIS AND WEBSTER, MAY 30, 2023

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, DECEMBER 13, 2023

AN ACT

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

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

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

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

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

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

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

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

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

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

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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 Whole-Home Repairs Program and providing for

declined and unclaimed allocations and for adult mental

health program funding; providing for tenant protections, for

911 emergency communication services, for medical debt relief

and for institutions of purely public charity; in cigarette

sales and licensing, further providing for definitions and

providing for presumed cost of doing business by retailer,

for presumed cost of doing business by stamping agent and for

presumed cost of doing business by wholesaler; providing for

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

Oil and Gas Lease Fund; in transportation network companies,

motor carrier companies and parking authority of a city of

the first class, providing for designated municipal agent and

authorized salvor for city of the first class and for

operation as taxicab; in assessments, providing for Statewide

quality care assessment; providing for transportation pilot

programs; in human services, providing for payment increase

for dental services and for abrogation of department

procurement; providing for Attorney General, for mixed-use

revitalization and for Pennsylvania Long-Term Care Council;

in special funds, further providing for funding and providing

for extension of payments; in additional special funds and

restricted accounts, further providing for establishment of

special fund and account, for use of fund and for

distributions from Pennsylvania Race Horse Development Fund

and repealing provisions relating to Enhanced Revenue

Collection Account; in additional special funds and

restricted accounts, further providing for definitions, for

Sports Tourism and Marketing Account and for transfer of

funds and providing for Facility Transition Account, for

Service and Infrastructure Improvement Fund and for School

Environmental Repairs Program Restricted Account; in general

budget implementation, further providing for executive

offices, for Department of Agriculture, for Department of

Community and Economic Development, for Department of

Conservation and Natural Resources, for Department of

Education, for Department of Health, for Department of Human

Services, for Pennsylvania State Police, for Pennsylvania

Emergency Management Agency and for surcharges, repealing

provisions relating to deposit into School Safety and

Security Fund, further providing for Federal and Commonwealth

use of forest land and for Multimodal Transportation Fund,

repealing provisions relating to sales by distilleries and

providing for Pennsylvania Liquor Control Board wholesale

licensee discount program; in 2022-2023 budget

implementation, further providing for Department of Education

and for Department of Human Services; providing for 2023-2024

budget implementation, for 2023-2024 restrictions on

appropriations for funds and accounts, for 2023-2024 fund

transfers, for prior year appropriations and for Commonwealth

Housing Council; imposing penalties; making repeals; and

making an editorial change.

The General Assembly finds and declares as follows:

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

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implementation of the 2023-2024 Commonwealth budget.

(2) The Constitution of Pennsylvania confers numerous

express duties upon the General Assembly, including the

passage of a balanced budget for the Commonwealth.

(3) Section 24 of Article III of the Constitution of

Pennsylvania requires the General Assembly to adopt all

appropriations for the operation of government in this

Commonwealth, regardless of their source. The Supreme Court

has repeatedly affirmed that "it is fundamental within

Pennsylvania's tripartite system that the General Assembly

enacts the legislation establishing those programs which the

State provides for its citizens and appropriates the funds

necessary for their operation."

(4) Pursuant to section 13 of Article VIII of the

Constitution of Pennsylvania, the General Assembly is

explicitly required to adopt a balanced Commonwealth budget.

Given the unpredictability and potential insufficiency of

revenue collections, various changes in State law relating to

sources of revenue, the collection of revenue and the

implementation of statutes which impact revenue may be

required to discharge this constitutional obligation.

(5) Section 11 of Article III of the Constitution of

Pennsylvania requires the adoption of a general appropriation

act that embraces "nothing but appropriations." While actual

items of appropriation can be contained in a general

appropriation act, the achievement and implementation of a

comprehensive budget involves more than subjects of

appropriations and dollar amounts. Ultimately, the budget has

to be balanced under section 13 of Article VIII of the

Constitution of Pennsylvania. This may necessitate changes to

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sources of funding and enactment of statutes to achieve full

compliance with these constitutional provisions.

(6) For the reasons under paragraphs (1), (2), (3), (4)

and (5), it is the intent of the General Assembly through

this act to provide for the implementation of the 2023-2024

commonwealth budget.

(7) Every provision of this act relates to the

implementation of the operating budget of the Commonwealth

for this fiscal year, addressing in various ways the fiscal

operations, revenues and potential liabilities of the

Commonwealth. To that end, this act is intended to implement

the 2023-2024 Commonwealth budget without specifically

appropriating public money from the General Fund. This act

provides accountability for spending and makes transfers or

other changes necessary to impact the availability of revenue

in order to meet the requirements of section 13 of Article

VIII of the Constitution of Pennsylvania and to implement the

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

Appropriation Act of 2023.

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

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TO DEFRAY CURRENT EXPENSES, IMPLEMENTING THE PROVISIONS OF

SECTION 7(A) OF ARTICLE VIII OF THE CONSTITUTION OF

PENNSYLVANIA AUTHORIZING AND RESTRICTING THE INCURRING OF

CERTAIN DEBT AND IMPOSING PENALTIES; AFFECTING EVERY

DEPARTMENT, BOARD, COMMISSION, AND OFFICER OF THE STATE

GOVERNMENT, EVERY POLITICAL SUBDIVISION OF THE STATE, AND

CERTAIN OFFICERS OF SUCH SUBDIVISIONS, EVERY PERSON,

ASSOCIATION, AND CORPORATION REQUIRED TO PAY, ASSESS, OR

COLLECT TAXES, OR TO MAKE RETURNS OR REPORTS UNDER THE LAWS

IMPOSING TAXES FOR STATE PURPOSES, OR TO PAY LICENSE FEES OR

OTHER MONEYS TO THE COMMONWEALTH, OR ANY AGENCY THEREOF,

EVERY STATE DEPOSITORY AND EVERY DEBTOR OR CREDITOR OF THE

COMMONWEALTH," IN EMERGENCY COVID-19 RESPONSE, PROVIDING FOR

DECLINED AND UNCLAIMED ALLOCATIONS; PROVIDING FOR 911

EMERGENCY COMMUNICATION SERVICES AND FOR INSTITUTIONS OF

PURELY PUBLIC CHARITY; IN DEPARTMENT OF REVENUE, PROVIDING

FOR EXCLUSION FROM CLASSES OF INCOME; PROVIDING FOR INDIGENT

DEFENSE; IN OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL AND

GAS LEASE FUND; IN TRANSPORTATION NETWORK COMPANIES, MOTOR

CARRIER COMPANIES AND PARKING AUTHORITY OF A CITY OF THE

FIRST CLASS, PROVIDING FOR DESIGNATED MUNICIPAL AGENT AND

AUTHORIZED SALVOR FOR CITY OF THE FIRST CLASS; IN HUMAN

SERVICES, PROVIDING FOR MEDICAL ASSISTANCE DENTAL SERVICES

AND PACKAGES; PROVIDING FOR ATTORNEY GENERAL, FOR

PENNSYLVANIA LONG-TERM CARE COUNCIL, FOR PENNSYLVANIA CHILD

AND DEPENDENT CARE ENHANCEMENT TAX CREDIT PROGRAM AND FOR

ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES; IN SPECIAL

FUNDS, FURTHER PROVIDING FOR FUNDING; IN ADDITIONAL SPECIAL

FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR

ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT, FOR USE OF FUND

AND FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE

DEVELOPMENT FUND AND REPEALING PROVISIONS RELATING TO

ENHANCED REVENUE COLLECTION ACCOUNT; IN ADDITIONAL SPECIAL

FUNDS AND RESTRICTED ACCOUNTS, FURTHER PROVIDING FOR

DEFINITIONS, FOR SPORTS TOURISM AND MARKETING ACCOUNT AND FOR

TRANSFER OF FUNDS AND PROVIDING FOR SERVICE AND

INFRASTRUCTURE IMPROVEMENT FUND; IN GENERAL BUDGET

IMPLEMENTATION, FURTHER PROVIDING FOR EXECUTIVE OFFICES, FOR

DEPARTMENT OF AGRICULTURE, FOR DEPARTMENT OF COMMUNITY AND

ECONOMIC DEVELOPMENT, FOR DEPARTMENT OF CONSERVATION AND

NATURAL RESOURCES, FOR DEPARTMENT OF HEALTH, FOR DEPARTMENT

OF HUMAN SERVICES AND FOR PENNSYLVANIA STATE POLICE,

PROVIDING FOR COMMONWEALTH FINANCING AUTHORITY, FURTHER

PROVIDING FOR FEDERAL AND COMMONWEALTH USE OF FOREST LAND AND

FOR MULTIMODAL TRANSPORTATION FUND AND REPEALING PROVISIONS

RELATING TO SALES BY DISTILLERIES; PROVIDING FOR 2023-2024

BUDGET IMPLEMENTATION, FOR 2023-2024 RESTRICTIONS ON

APPROPRIATIONS FOR FUNDS AND ACCOUNTS, FOR 2023-2024 FUND

TRANSFERS AND FOR PRIOR YEAR APPROPRIATIONS; MAKING REPEALS;

AND MAKING AN EDITORIAL CHANGE.

THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE

IMPLEMENTATION OF THE 2023-2024 COMMONWEALTH BUDGET.

(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS

EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE

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PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.

(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF

PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL

APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS

COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT

HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN

PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY

ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE

STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS

NECESSARY FOR THEIR OPERATION."

(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE

CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS

EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.

GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF

REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO

SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE

IMPLEMENTATION OF STATUTES WHICH IMPACT REVENUE MAY BE

REQUIRED TO DISCHARGE THIS CONSTITUTIONAL OBLIGATION.

(5) SECTION 11 OF ARTICLE III OF THE CONSTITUTION OF

PENNSYLVANIA REQUIRES THE ADOPTION OF A GENERAL APPROPRIATION

ACT THAT EMBRACES "NOTHING BUT APPROPRIATIONS." WHILE ACTUAL

ITEMS OF APPROPRIATION CAN BE CONTAINED IN A GENERAL

APPROPRIATION ACT, THE ACHIEVEMENT AND IMPLEMENTATION OF A

COMPREHENSIVE BUDGET INVOLVES MORE THAN SUBJECTS OF

APPROPRIATIONS AND DOLLAR AMOUNTS. ULTIMATELY, THE BUDGET HAS

TO BE BALANCED UNDER SECTION 13 OF ARTICLE VIII OF THE

CONSTITUTION OF PENNSYLVANIA. THIS MAY NECESSITATE CHANGES TO

SOURCES OF FUNDING AND ENACTMENT OF STATUTES TO ACHIEVE FULL

COMPLIANCE WITH THESE CONSTITUTIONAL PROVISIONS.

(6) FOR THE REASONS UNDER PARAGRAPHS (1), (2), (3), (4)

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AND (5), IT IS THE INTENT OF THE GENERAL ASSEMBLY THROUGH

THIS ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE 2023-2024

COMMONWEALTH BUDGET.

(7) EVERY PROVISION OF THIS ACT RELATES TO THE

IMPLEMENTATION OF THE OPERATING BUDGET OF THE COMMONWEALTH

FOR THIS FISCAL YEAR, ADDRESSING IN VARIOUS WAYS THE FISCAL

OPERATIONS, REVENUES AND POTENTIAL LIABILITIES OF THE

COMMONWEALTH. TO THAT END, THIS ACT IS INTENDED TO IMPLEMENT

THE 2023-2024 COMMONWEALTH BUDGET WITHOUT SPECIFICALLY

APPROPRIATING PUBLIC MONEY FROM THE GENERAL FUND. THIS ACT

PROVIDES ACCOUNTABILITY FOR SPENDING AND MAKES TRANSFERS OR

OTHER CHANGES NECESSARY TO IMPACT THE AVAILABILITY OF REVENUE

IN ORDER TO MEET THE REQUIREMENTS OF SECTION 13 OF ARTICLE

VIII OF THE CONSTITUTION OF PENNSYLVANIA AND TO IMPLEMENT THE

ACT OF AUGUST 3, 2023 (P.L. , NO.1A), KNOWN AS THE GENERAL

APPROPRIATION ACT OF 2023.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 135-C of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, added July 11, 2022

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

Section 135-C. Whole-Home Repairs Program.

(a) Program [established] continued.--The department shall

[establish] continue the Whole-Home Repairs Program. In

administering the Whole-Home Repairs Program, the department

shall coordinate with existing Federal and State resources

relating to home repairs. [From money appropriated for COVID

Relief - ARPA - Whole Home Repairs Program, the] The department

shall award funds to no more than one applicant per county. The

department may develop and publish guidelines to implement the

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Whole-Home Repairs Program. The department and grantees may

receive up to 4% each for administrative costs to implement this

subsection from money appropriated for the Whole-Home Repairs

Program. Nothing in this subsection shall be construed to

prohibit an applicant which receives funds from the program

under this section from subgranting the funds to another entity

approved by the department to perform any of the purposes

specified in subsection (b), (c) or (d). An applicant which

subgrants the funds to another entity shall notify the

department and the department shall maintain a list of the

[applicants] applicants' and [subgrantees] subgrantees' contact

information on its publicly accessible Internet website.

(b) Grants.--An applicant who receives funds from the Whole-

Home Repairs Program shall make grants available to homeowners

whose household income does not exceed 80% of the area median

income and shall make forgivable loans available to small

landlords renting affordable units and recorded against a

residential property in a mortgage security. A single grant to a

homeowner or a single loan to a small landlord may not exceed

$50,000 per owner-occupied or rental unit and may be used to

address habitability concerns, improve energy or water

efficiency or to make units accessible for individuals with

disabilities.

(1) A loan to a small landlord under subsection (b)

[may] shall be forgiven if all of the following apply:

(i) The small landlord offered a three-year

extension of the lease to a tenant occupying a unit when

the funds were accepted by the small landlord.

(ii) Annual increases in monthly rent have not

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exceeded 3% of the base rent or the unit has been

occupied by a tenant participating in the Housing Choice

Voucher Program for a period of no less than [15] 10

years.

(iii) [In the prior 15 years, the] The small

landlord has not committed a serious violation with

regard to the small landlord's rental property for which

the small landlord has taken no substantial steps to

correct the violation for a period of no less than 10

years.

(iv) The small landlord has maintained ownership of

the unit for a period of no less than [15] 10 years.

(2) The applicant shall recapture a loan not forgiven

under this paragraph.

(d) Use of funds.--An applicant who receives funds from the

Whole-Home Repairs Program shall also use the funds to do all of

the following:

(1) [Administer the program under this section,

including staff, implementing] Implement systems and data

management tools designed to maximize enrollment in all

existing home repair programs administered by nonprofit

organizations, governmental entities and public utilities,

including staff and investment in coordination of services.

(2) Invest in work force development programs that will

connect trainees to jobs through committed employer

partnerships related to improving the habitability and

performance of homes, including cash stipends for trainees

and costs related to the design and implementation of pre-

apprenticeship, apprenticeship and publicly funded on-the-job

training programs.

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(d.1) Name of program.--An applicant who receives funds from

the Whole-Home Repairs Program shall use "Whole Home Repairs" in

the title of their program.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Affordable unit." A unit where the rent is [affordable to a

tenant at or below 60% of the area median income adjusted for

household size, as] at or below the 60% rent level defined

annually by the Pennsylvania Housing Finance Agency's PennHOMES

Program countywide limits.

"Applicant." A nonprofit or governmental entity that serves

one or more county.

"Department." The Department of Community and Economic

Development.

"Habitability concern." Home repairs that are required to

ensure that residential units are:

(1) fit for human habitation;

(2) free from defective conditions of health and safety

hazards, including asbestos, mold, pests and lead; or

(3) free of conditions preventing the installation of

measures to improve energy or water efficiency and lower

utility costs.

"Small landlord." A person who meets all of the following

criteria:

(1) The person is a landlord.

(2) The person has an ownership stake in no more than

five properties and no more than 15 rental units.

(3) The person rents the properties or units under

paragraph (2) for use as a primary residence for a fee,

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regardless of the length or form of lease.

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

Section 148-C. Declined and unclaimed allocations.

The following provisions apply to Federal money appropriated

or approved by an executive authorization to the Department of

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

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

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

education agencies:

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

section, the Department of Education shall notify each local

education agency to determine whether the local education

agency intends to decline money allocated to the local

education agency under the American Rescue Plan Act of 2021

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

applicable.

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

to the local education agency and direct the local education

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

whether the local education agency intends to decline the

allocation.

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

directed in the notice, the Department of Education may deem

that the money allocated to the local education agency is

unclaimed.

(4) The Department of Education shall calculate the

amount of money declined and unclaimed by all local education

agencies and shall report to the Secretary of the Budget the

aggregate amount, the appropriations from which the money was

appropriated and the amount that needs to be deducted from

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each appropriation in order to equal the aggregate amount.

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

Budget shall establish a restricted account and transfer to

the restricted account a sum equal to the aggregate amount,

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

from the appropriations identified under paragraph (4). The

money of the restricted account is appropriated on a

continuing basis to the Department of Education for the

purpose specified in paragraph (6).

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

restricted account to provide performance monitoring of

grant-funded operations and to ensure compliance with

achievement and performance goals as required under 2 CFR Pt.

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

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

report available on its publicly accessible Internet website.

The report shall state the local education agencies that have

declined and unclaimed money under this section and the

corresponding amounts declined and unclaimed. The report

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

responses from local education agencies under paragraph (2).

Section 164-C. Adult mental health program funding.

(a) Findings and purpose.--The General Assembly finds and

declares as follows:

(1) The Behavioral Health Commission for Adult Mental

Health established under section 163-C was charged with

making recommendations for the allocation of funding in the

following 10 priority areas:

(i) Delivery of services by telemedicine.

(ii) Behavioral health rates, network adequacy and

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mental health payment parity.

(iii) Workforce development and retention.

(iv) Expansion of certified peer support specialist

services and peer-run services.

(v) The development and provision of crisis

services.

(vi) The integration of behavioral health and

substance use disorder treatment.

(vii) Cultural competencies when providing

behavioral health care.

(viii) The impact of social determinants of health

on behavioral health.

(ix) The intersection of behavioral health and the

criminal justice system.

(x) Establishing an integrated care model that can

deliver timely psychiatric care in a primary care

setting.

(2) The Behavioral Health Commission for Adult Mental

Health determined that intersectionality between the 10

priority areas indicates that investment in one sector will

have impacts in others and recommended that funding awards

should prioritize culturally responsive initiatives that

promote equity in historically under-resourced communities.

(3) The Behavioral Health Commission for Adult Mental

Health recommended categorizing the 10 priority areas in

three overarching categories:

(i) Increasing workforce development programs and

incentives.

(ii) Expanding criminal justice and public safety

programs.

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(iii) Expanding mental health services and supports.

(4) The purpose of this section is to allocate funds

based on the recommendations of the Behavioral Health

Commission for Adult Mental Health to address adult

behavioral health needs in the areas of workforce development

programs and incentives, criminal justice, public safety and

expanding mental health services and supports.

(b) Use of money.--From money distributed for Adult Mental

Health Services, the department shall distribute funds as

provided for in this section to support adult mental health

services in this Commonwealth.

purpose of retaining existing behavioral health staff and

providers, incentive programs and opportunities for staff to

develop skills as follows:

(1) The sum of $12,000,000 to the Department of Labor

and Industry to establish a program to award competitive

grants, in consultation with the Department of Human Services

and the Department of Health, to partnerships of eligible

applicants for training, recruiting and retention strategies

for professionals in behavioral health settings. The

following apply:

(i) Eligible applicants include:

(A) Employers of behavioral health

professionals.

(B) County mental health administrations.

(D) Institutions of higher education, including

community colleges.

(E) Training providers.

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(F) Community-based organizations.

(G) Employers of community health workers that

qualify as an "eligible entity" as defined in 42

U.S.C. § 280g-11(j)(1) (relating to grants to promote

positive health behaviors and outcomes).

(ii) Grant money may be used to:

(A) Develop, expand or enhance training

programs, including apprenticeships or other earn and

learn models, scholarships, tuition assistance and

paid field placements, including internships,

residencies and fellowships.

(B) Assist with costs relating to supervision,

certifications, tests and other fees.

strategies, including one-time payments and other

recruitment and retention initiatives.

(iii) The Department of Labor and Industry shall

develop grant guidelines, a grant application and a

process to review applications.

(iv) Priority shall be given to grant applications

that support underserved populations and communities and

demonstrate high need for partnerships in behavioral

health settings.

(v) The Department of Labor and Industry may take a

reasonable administrative fee of no more than 2% for

direct costs associated with the implementation,

administration and servicing of this paragraph. The fee

shall be taken from the funding received under this

paragraph.

(2) The sum of $12,000,000 to the Pennsylvania Higher

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Education Assistance Agency to expand the School-based Mental

Health Internship Grant Program established under section

1318-B of the act of March 10, 1949 (P.L.30, No.14), known as

the Public School Code of 1949, to include internships,

fellowships, residencies and other paid workforce

opportunities with behavioral health preparation programs and

behavioral health settings as follows:

(i) The Pennsylvania Higher Education Assistance

Agency shall administer the expanded program and, in its

sole discretion, award grants to individuals who submit a

completed application and satisfy eligible criteria.

(ii) The Pennsylvania Higher Education Assistance

Agency shall establish eligibility criteria in order for

an individual or program setting to receive a grant under

the expanded program.

(iii) An eligible individual under this paragraph

shall, at a minimum:

(A) Be a Commonwealth resident as defined by the

Pennsylvania Higher Education Assistance Agency.

(B) Be enrolled in an eligible program.

Higher Education Assistance Agency to work in this

Commonwealth for a minimum of three years following

completion of the eligible individual's respective

program.

(iv) Eligible program settings shall be determined

by the Pennsylvania Higher Education Assistance Agency,

in consultation with the Department of Human Services,

and shall include:

(A) Residential and outpatient behavioral health

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providers.

(B) Psychiatric hospitals and psychiatric

practices.

(D) Service providers that contract with county

mental health administrations to deliver behavioral

health services.

(E) Community-based organizations providing

behavioral health services.

(F) Federally Qualified Health Centers.

(G) Certified community behavioral health

clinics.

(H) County jails and State correctional

institutions.

(v) Grant money may be used:

(A) For tuition assistance.

(B) To support paid internships, residency and

fellowship placements.

(D) For equipment, training and technical

assistance to support the eligible individual or

program setting, including to expand service delivery

using telemedicine.

(vi) Priority shall be given to behavioral health

preparation programs and behavioral health settings in

designated medically underserved or health professional

shortage areas.

(vii) The Pennsylvania Higher Education Assistance

Agency shall consult with the Department of Human

Services in the implementation of the expanded program

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notwithstanding the advisory committee established under

section 1318-B(b)(5) of the Public School Code of 1949.

(viii) The Pennsylvania Higher Education Assistance

Agency may take a reasonable administrative fee of no

more than 2% for direct costs associated with the

implementation, administration and servicing of this

paragraph. The fee shall be taken from the funding

received under this paragraph.

(3) The sum of $10,000,000 to the Department of Health

to establish or expand a loan repayment program for eligible

applicants serving in county jails, State correctional

institutions or designated medically underserved or health

professional shortage areas. The following apply:

(i) The program shall be designed to increase the

number of mental health care practitioners in designated

areas, including activities such as:

(A) Reviewing and updating on a regular basis

the practice sites eligible for the program.

(B) Promoting the recruitment and retention of

mental health care practitioners in county jails,

State correctional institutions or designated

medically underserved or health care shortage areas.

Federal funding to achieve the purposes of this

paragraph.

(ii) An eligible applicant includes an individual

who works in an eligible behavioral health services

setting as defined by the Department of Health and:

(A) has a medical degree from an accredited

medical school or osteopathic medical college, has

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completed an approved residency or fellowship program

in psychiatry, is licensed to practice medicine in

this Commonwealth and is board certified or board

eligible in psychiatry;

(B) holds a nursing degree from an accredited

nursing program, has completed a training program for

nurse practitioners and holds a license in nursing in

this Commonwealth;

physician assistants and holds a license as a

physician assistant in this Commonwealth; or

(D) is licensed to practice in this Commonwealth

as a psychologist, licensed clinical social worker,

licensed professional counselor or licensed marriage

and family therapist.

(iii) Repayment assistance may not be made for a

loan that is in default at the time of the application or

for a loan being repaid through any other loan repayment

assistance program. Repayment shall be made directly to

the recipient who shall then repay the financial lending

institution.

(iv) A recipient of loan repayment assistance under

this paragraph shall enter into an agreement with the

Department of Health, which shall be considered a legally

binding agreement with the Commonwealth and shall include

the terms of the Department of Health's Primary Care Loan

Repayment Program.

(v) Loan repayment assistance may be provided as

follows:

(A) An individual under subparagraph (ii)(A) and

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a psychologist under subparagraph (ii)(D) shall be

eligible to receive up to $80,000 in loan repayment

assistance.

(B) An individual, except for a psychologist,

under subparagraph (ii)(B), (C) or (D) shall be

eligible to receive up to $48,000 in loan repayment

assistance.

(vi) The Department of Health may take a reasonable

administrative fee of no more than 2% for direct costs

associated with the implementation, administration and

servicing of this paragraph. The fee shall be taken from

the funding received under this paragraph.

(d) Expanding criminal justice and public safety programs.--

The sum of $31,500,000 is to be used for the purpose of

expanding criminal justice and public safety programs as

follows:

(1) The sum of $13,500,000 to the Pennsylvania

Commission on Crime and Delinquency to establish a program or

programs to award competitive grants to eligible applicants.

The following apply:

(i) Eligible applicants include:

(A) Counties.

(B) Nonprofit and community-based organizations.

(D) Mental health and substance use disorder

providers.

(E) Housing authorities.

(F) Law enforcement agencies.

(ii) Grant money may be used to:

(A) Provide comprehensive evidence-based mental

20230HB1300PN2441 - 20 -

health and substance use disorder treatment and

support services for incarcerated persons or services

for reentrants.

(B) Establish or support existing specialty

courts and services.

first responder crisis intervention training.

(D) Provide for forensic transition housing.

(iii) The Pennsylvania Commission on Crime and

Delinquency, in consultation with the Department of Human

Services, shall develop grant guidelines, a grant

application and a process to review applications.

(2) The sum of $7,000,000 to the Pennsylvania Commission

on Crime and Delinquency to establish a prearrest diversion

program to award competitive grants to eligible applicants.

The following apply:

(i) Eligible applicants include:

(A) Law enforcement agencies.

(B) Crisis intervention service providers.

(D) Nonprofit or community-based organizations.

(E) Treatment providers in partnership with

peer-run organizations.

(ii) Grant money may be used for:

(A) Establishing or supporting co-responder

models.

(B) Training for first responders or law

enforcement crisis and deescalation.

transfer programs.

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(iii) The Pennsylvania Commission on Crime and

Delinquency s hall develop grant guidelines, a grant

application and a process to review applications. The

guidelines shall give priority to applications that

demonstrate innovative and collaborative partnerships.

(3) The sum of $6,000,000 to the Pennsylvania Commission

on Crime and Delinquency to establish a program or programs

to award one-time competitive grants to eligible applicants.

The following apply:

(i) Eligible applicants include:

(A) Community-based organizations.

(B) Law enforcement agencies.

(D) Mental health providers who work in trauma

informed care.

(ii) Grant money may be used for:

(A) Gun violence prevention and mental health.

(B) Trauma-informed care for victims of crime

and the family of the victim.

(i ii) The Pennsylvania Commission on Crime and

Delinquency shall develop grant guidelines, a grant

application and a process to review applications. The

guidelines shall give priority to applications that

demonstrate innovative and collaborati ve partnerships.

(4) The sum of $5,000,000 to the Department of Human

Services for a one-time criminal justice and public safety

payment to each county mental health administration as

follows:

(i) Divide:

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(A) the population of a county mental health

administration catchment area under the 2020 Federal

decennial census; by

(B) the total State population.

(ii) Multiply:

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

(B) $5,000,000.

(iii) A county mental health administration shall

not receive less than $20,000.

(iv) A county may use money received under this

paragraph:

(A) For comprehensive evidence-based mental

health and substance use disorder services and

supports for incarcerated persons, services for

reentry, including partnerships with community-based

organizations providing reentry services or supports,

case management and service coordination for

individuals incarcerated in county jails.

(B) To create or expand partnerships with county

jails or local law enforcement.

(v) Each county mental health administration shall

submit a quarterly report to the Department of Human

Services accounting for all money received under this

paragraph. The accounting shall:

(A) Be in a manner and form prescribed by the

Department of Human Services.

(B) Include, but shall not be limited to, a

listing of all expenditures, the status of all

unspent money and the impact of money spent.

(e) Strengthening and expanding mental health services and

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