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A01421
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
385
Session of
2021
INTRODUCED BY BROOKS, J. WARD, PHILLIPS-HILL AND KEARNEY,
MARCH 11, 2021
REFERRED TO AGING AND YOUTH, MARCH 11, 2021
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
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
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Commonwealth," in emergency COVID-19 response, providing for
building occupant protection a long-term care facility
ventilation grant program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding a section to read:
Section 161-C. Building occupant protection.
(a) Additional appropriations.--For the 2021-2022 fiscal
year, from money that is received by the Commonwealth from the
Federal Government for COVID-19 relief or related purposes on or
after the effective date of this subsection, the sum of
$3,000,000 is appropriated to the Department of Human Services
for the purpose of building occupant protection under subsection
(b).
(b) Use of money .-- The amount appropriated under subsection
(a) may be used for any of the following purposes:
(1) The implementation of best practices regarding
indoor air management strategies aimed at reducing the risk
of transmission of, and occupant exposure to, COVID-19,
including any of the following:
(i) Dilution.
(ii) Airflow patterns.
(iii) Outdoor air ventilation.
(iv) Pressurization.
(v) Demand-controlled ventilation.
(vi) Temperature and humidity distribution and
control.
(vii) Filtration.
(viii) Ultra-violet germicidal irradiation.
(ix) Personalized ventilation systems for certain
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high-risk tasks.
(x) Portable, free-standing high-efficiency
particulate air filters.
(2) The design, installation, operation and maintenance
of heating, ventilating and air-conditioning systems,
including air-cleaning and local exhaust ventilation systems,
to decrease the risk of infection transmission.
(3) The development of emergency preparedness plans to
mitigate exposure to infectious aerosols and to decrease the
risk of infection transmission.
Section 1. Article I-C of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is amended by adding a
subarticle to read:
SUBARTICLE B.l
APPROPRIATIONS FROM THE ACCOUNT
Section 115-C. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Current fiscal year." The fiscal year beginning July 1,
2021, and ending June 30, 2022.
Section 116-C. Construction with the General Appropriation Act
of 2021.
All appropriations contained in this subarticle from the
General Fund shall be in addition to any appropriation under the
act of (P.L. , No.lA) , known as the General Appropriation Act
of 2021.
Section 117-C. Appropriations from the account.
To the Department of Community and Economic Development for
the current fiscal year, $5,000,000 of Federal amounts is
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appropriated from the COVID-19 Response Restricted Account for
COVID Relief - Long-Term Care Facility Ventilation Grant Program
under section 135-C.
Section 2. The act is amended by adding a section to read:
Section 135-C. Long-Term Care Facility Ventilation Grant
Program.
(a) Use of funds.--From money appropriated to the department
for COVID Relief - Long-Term Care Facility Ventilation Grant
Program, $5,000,000 shall be transferred to the authority and
shall be used to make grants under this section.
(b) Establishment of program.--The authority shall establish
the program as a Statewide grant program.
(c) Purpose of program.--The program shall receive
applications and award grants to long-term care facilities in
accordance with this section.
(d) Application.--The authority shall develop an application
for long-term care facilities to apply for a grant under this
section within 30 days of the effective date of this section.
The application shall be made available and posted on the
authority's publicly accessible Internet website and shall be in
a form that can be completed electronically or through the
United States mail.
(e) Deadline.--No application for a grant under this section
may be submitted 60 days after the date the authority makes the
application available and posted on the authority's publicly
accessible Internet website.
(f) Guidelines.--The authority shall establish guidelines
that are consistent with the provisions of this section within
30 days of the effective date of this section. The guidelines
shall be:
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(1) Submitted to the Legislative Reference Bureau for
publication as a notice in the Pennsylvania Bulletin.
(2) Posted on the authority's publicly accessible
Internet website.
(g) Program requirements.--A long-term care facility may be
eligible for a grant provided that the facility submits a paid
invoice for work completed during the declared COVID-19
emergency or submits a contractual agreement for any of the
following purposes:
(1) The implementation of best practices regarding
indoor air management strategies aimed at reducing the risk
of transmission of, and occupant exposure to, COVID-19,
including any of the following:
(i) Dilution.
(ii) Airflow patterns.
(iii) Outdoor air ventilation.
(iv) Pressurization.
(v) Demand-controlled ventilation.
(vi) Temperature and humidity distribution and
control.
(vii) Filtration.
(viii) Ultra-violet germicidal irradiation.
(ix) Personalized ventilation systems for certain
high-risk tasks.
(x) Portable, free-standing high-efficiency
particulate air filters.
(xi) Ionization Technology.
(xii) Ozonation.
(2) The design, installation, operation and maintenance
of heating, ventilating and air-conditioning systems,
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including air-cleaning and local exhaust ventilation systems,
to decrease the risk of infection transmission.
(3) The development of emergency preparedness plans to
mitigate exposure to infectious aerosols and to decrease the
risk of infection transmission.
(h) Grant limits.--The authority may award a grant to a
long-term care facility not to exceed $15,000.
(i) Award of grants.--The authority shall award grants and
make grant payments under this section no later than two months
after the deadline for submitting the grant application or 30
days prior to any Federal or State imposed deadline established
for the use of such funds, whichever is sooner. The authority
shall ensure that grants are made available to all geographic
areas of this Commonwealth.
(j) Expiration.--This section shall expire after the money
transferred to the authority under subsection (a) has been
exhausted. The authority shall transmit notice of the date that
the money is exhausted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(k) Return of grants.--If a long-term care facility receives
a grant but fails to complete a project for the purposes
authorized under subsection (g), the facility must return the
funds to the authority, which will be redirected to the General
Fund.
(l) Ineligibility.--A long-term care facility that has
already received reimbursement for a qualifying project under
subsection (g,) will be ineligible to participate in the
program.
(m) 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:
"Authority." The Commonwealth Financing Authority.
"COVID-19." The Coronavirus Disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"Long-term care facilities." Any of the following:
(1) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(2) An assisted living residence as defined in section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(3) A personal care home as defined in section 1001 of
the Human Services Code.
"Program." Long-Term Care Facility Ventilation Grant Program
established under this section.
Section 2 3. This act shall take effect immediately.
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