Regular Session 2023-2024 House Bill 1300 P.N. 2107

PRIOR PRINTER'S NOS. 1378, 1446, 1943

PRINTER'S NO. 2107

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 SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,

OCTOBER 4, 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 disposition of abandoned and unclaimed

property, further providing for claim for property paid or

delivered; in oil and gas wells, further providing for Oil

and Gas Lease Fund; in human services, providing for child

support costs and fees; providing for Statewide Quality Care

Assessment and for Pennsylvania Long-Term Care Council; in

additional special funds and restricted accounts, further

providing for establishment of special fund and account, for

use of fund and for distributions for Pennsylvania Race Horse

Development Fund, repealing provisions relating to Enhanced

Revenue Collection Account; in additional special funds and

restricted accounts, further providing for Clean Streams Fund

and for definitions, renaming the Sports Tourism and

Marketing Account to the Sports, Marketing and Tourism

Account, further providing for transfer of funds and

providing for Facility Transition Account and for Game Fund;

in general budget implementation, further providing for

Department of Agriculture, for Department of Conservation and

Natural Resources, for Department of Education, for

Pennsylvania State Police, for surcharges, 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 and for prior year appropriations;

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

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."

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(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)

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

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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

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, 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

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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

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

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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)

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

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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 1301.19 of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is amended to read:

Section 1301.19. Claim for Property Paid or Delivered.--(a)

Any person claiming an interest in any property paid or

delivered to the Commonwealth under this article may file a

claim thereto or to the proceeds from the sale thereof on the

form prescribed by the State Treasurer.

(b) Regardless of whether a claim is filed under subsection

(a), the State Treasurer may pay or deliver any property paid or

delivered to the Commonwealth under this article, or the

proceeds from the sale of the property, to a person if the State

Treasurer finds that a report filed under section 1301.11

identifies the person as the sole owner of the property and the

value of the property or proceeds is less than five thousand

dollars ($5,000).

Section 2. Section 1601.2-E(e)(1)(ii) of the act, amended

July 11, 2022 (P.L.540, No.54), is amended to read:

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Section 1601.2-E. Oil and Gas Lease Fund.

* * *

(e) Annual transfers.--The following apply:

(1) * * *

(ii) No amount shall be transferred from the fund to

the Marcellus Legacy Fund for distribution to the

Environmental Stewardship Fund for the 2019-2020, 2020-

2021, 2021-2022 [and], 2022-2023 and 2023-2024 fiscal

year.

* * *

Section 3. The act is amended by adding a section to read:

Section 1607-T. Child support costs and fees.

(a) Costs and fees .-- If an obligee prevails in a proceeding

to establish paternity or to obtain a support order, a court may

assess against the obligor filing fees, reasonable attorney fees

and necessary travel and other reasonable costs and expenses

incurred by the obligee and the obligee's witnesses. Attorney

fees may be taxed as costs and shall be ordered to be paid

directly to the attorney, who may enforce the order in the

attorney's own name. Payment of support owed to the obligee

shall have priority over fees, costs and expenses.

(b) Annual fee.--The Commonwealth shall impose a fee of $35

in each case in which an individual has never received

assistance under 42 U.S.C. Ch. 7 Subch. I (relating to grants to

states for old-age assistance) and for whom the Commonwealth has

collected at least $550 of support in a Federal fiscal year. The

Commonwealth shall pay the $35 fee for those cases in which the

annual collection is between $550 and $1,999.99. The $35 fee

shall be collected from the custodial parent in cases where

annual collections equal $2,000 or more.

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individual subject to a child support order did not have good

cause for failing to make child support payments on time, the

court may further assess costs and reasonable attorney fees

incurred by the party seeking to enforce the order.

Section 4. The act is amended by adding articles to read:

ARTICLE XVI-U

STATEWIDE QUALITY CARE ASSESSMENT

Section 1601-U. 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:

"Assessment." The fee, known as the Quality Care Assessment,

authorized to be implemented under this article on every covered

hospital.

"Bad debt expense." The cost of care for which a hospital

expected payment from the patient or a third-party payer, but

which the hospital subsequently determines to be uncollectible,

as further described in the Medicare Provider Reimbursement

Manual published by the United States Department of Health and

Human Services.

"Charity care expense." The cost of care for which a

hospital ordinarily charges a fee but which is provided free or

at a reduced rate to patients who cannot afford to pay but who

are not eligible for public programs, and from whom the hospital

did not expect payment in accordance with the hospital's charity

care policy, as further described in the Medicare Provider

Reimbursement Manual published by the United States Department

of Health and Human Services.

"Contractual allowance." The difference between what a

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hospital charges for services and the amounts that certain

payers have agreed to pay for the services as further described

in the Medicare Provider Reimbursement Manual published by the

United States Department of Health and Human Services.

"Covered hospital." A hospital other than an exempt

hospital.

"Critical access hospital." Any hospital that has qualified

under 42 U.S.C. § 1395x(mm)(1) (relating to definitions) as a

critical access hospital under Medicare.

"Department." The Department of Human Services of the

Commonwealth.

"Exempt hospital." Any of the following:

(1) A Federal veterans' affairs hospital.

(2) A hospital that provides care, including inpatient

hospital services, to all patients free of charge.

(3) A private psychiatric hospital.

(4) A State-owned psychiatric hospital.

(5) A critical access hospital.

(6) A long-term acute care hospital.

(7) A free-standing acute care hospital organized

primarily for the treatment of and research on cancer in

which at least 30% of the inpatient admissions had cancer as

the principal diagnosis based on Pennsylvania Health Care

Cost Containment Council CY 2014 inpatient discharge data.

For the purposes of meeting this definition, only discharges

with ICD-9-CM principal diagnoses codes of 140 through 239,

V58.0, V58.1, V66.1, V66.2 or 990 are considered.

"Hospital." A facility licensed as a hospital under 28 Pa.

Code Pt. IV Subpt. B (relating to general and special

hospitals).

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"Long-term acute care hospital." A hospital or unit of a

hospital whose patients have a length of stay of greater than 25

days and that provides specialized acute care of medically

complex patients who are critically ill.

"Medical assistance managed care organization." A Medicaid

managed care organization as defined in 42 U.S.C. §

1396b(m)(1)(A) (relating to payments to states) that is a party

to a Medicaid managed care contract with the department. The

term shall not include a behavioral health managed care

organization that is a party to a Medicaid managed care contract

with the department.

"Net inpatient revenue." Gross revenues received or earned

by a hospital for inpatient services, including medical

assistance supplemental revenues received by the hospital for

inpatient hospital services, less any deducted amounts for bad

debt expense, charity care expense and contractual allowances as

identified in the hospital's records and reported on forms

specified by the department.

"Net outpatient revenue." Gross revenues received or earned

by a hospital for outpatient services, including medical

assistance supplemental revenues received by the hospital for

outpatient hospital services, less any deducted amounts for bad

debt expense, charity care expense and contractual allowances as

identified in the hospital's records and reported on forms

specified by the department.

"Program." The Commonwealth's medical assistance program as

authorized under Article IV of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Secretary." The Secretary of Human Services of the

Commonwealth.

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Section 1602-U. Medical Assistance payments for institutional

care.

Notwithstanding section 443.1(1.1)(i) of the act of June 13,

1967 (P.L.31, No.21), known as the Human Services Code, and

subject to section 1614-U, for inpatient hospital services

provided during a fiscal year in which an assessment is imposed

under this article, payments under the medical assistance fee-

for-service program shall be determined in accordance with the

department's regulations, except if the Commonwealth's approved

Title XIX State Plan for inpatient hospital services in effect

for the period of July 1, 2010, through June 30, 2028, specifies

a methodology for calculating payments that is different from

the department's regulations or authorizes additional payments

not specified in the department's regulations, including

inpatient disproportionate share payments and direct medical

education payments, the department shall follow the methodology

or make the additional payments as specified in the approved

Title XIX State Plan.

Section 1603-U. Authorization.

In order to generate additional revenues for the purpose of

assuring that medical assistance recipients have access to

hospital services, the department shall implement a monetary

assessment, known as the Quality Care Assessment, on each

covered hospital subject to the conditions and requirements

specified in this article, including section 1614-U.

Section 1604-U. Implementation.

(a) Health care-related fee.--The assessment authorized

under this article, once imposed, shall be implemented as a

health care-related fee under 42 U.S.C. § 1396b(w)(3)(B)

(relating to payment to states) or any amendments thereto and

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may be collected only to the extent and for the periods that the

secretary determines that revenues generated by the assessment

will qualify as the State share of program expenditures eligible

for Federal financial participation.

(b) Assessment percentage.--Subject to subsection (c), each

covered hospital shall be assessed as follows:

(1) For fiscal year 2010-2011, each covered hospital

shall be assessed an amount equal to 2.69% of the net

inpatient revenue of the covered hospital,

(2) For fiscal years 2011-2012, 2012-2013, 2013-2014 and

2014-2015, an amount equal to 3.22% of the net inpatient

revenue of the covered hospital.

(3) For fiscal years 2015-2016, 2016-2017 and 2017-2018,

an amount equal to 3.71% of the net inpatient revenue of the

covered hospital.

(4) For fiscal year 2018-2019, an amount equal to 2.98%

of the net inpatient revenue of the covered hospital and

1.55% of the net outpatient revenue of the covered hospital.

(5) For fiscal years 2019-2020, 2020-2021, 2021-2022 and

2022-2023, an amount equal to 3.32% of the net inpatient

revenue of the covered hospital and 1.73% of the net

outpatient revenue of the covered hospital.

(6) For fiscal year 2023-2024, an amount equal to 3.54%

of the net inpatient revenue of the covered hospital and

1.78% of the net outpatient revenue of the covered hospital;

(7) For fiscal years 2024-2025, 2025-2026, 2026-2027 and

2027-2028, an amount equal to 4.36% of the net inpatient

revenue of the covered hospital and 2.20% of the net

outpatient revenue of the covered hospital.

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adjust the assessment percentage specified in subsection (b) for

all or part of the fiscal year for inpatient services,

outpatient services or both, provided that, before implementing

an adjustment, the secretary submits a notice to the Legislative

Reference Bureau for publication in the next available issue of

the Pennsylvania Bulletin that specifies the proposed assessment

percentage and identifies the aggregate impact on covered

hospitals subject to the assessment. Interested parties shall

have 30 days in which to submit comments to the secretary. Upon

expiration of the 30-day comment period, the secretary, after

consideration of the comments, shall submit a second notice to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin announcing the

assessment percentage.

(d) Rebasing net inpatient revenue and net outpatient

revenue amounts on amounts owed for fiscal years prior to 2023-

2024.--For purposes of calculating the annual assessment amount

owed for fiscal years 2018-2019, 2019-2020, 2020-2021, 2021-2022

and 2022-2023, the secretary may require the use of net

inpatient revenue and net outpatient revenue amounts as

identified in the records of covered hospitals for a State

fiscal year commencing on or after July 1, 2015. If the

secretary decides that the net inpatient revenue and net

outpatient revenue amounts should be based on a State fiscal

year commencing on or after July 1, 2015, the secretary shall

submit a notice to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin specifying the State fiscal year for which the net

inpatient revenue and net outpatient revenue amounts will be

used at least 30 days prior to the date on which an assessment

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amount calculated with the rebased amounts is due to be paid to

the department.

(e) Rebasing net inpatient revenue and net outpatient

revenue amounts on amounts owed for fiscal year 2023-2024 and

thereafter.--For purposes of calculating the annual assessment

amount owed on or after July 1, 2023, the secretary may require

the use of net inpatient revenue and net outpatient revenue

amounts as identified in the records of covered hospitals for a

State fiscal year commencing on or after July 1, 2018. If the

secretary decides that the net inpatient revenue and net

outpatient revenue amounts should be based on a State fiscal

year commencing on or after July 1, 2018, the secretary shall

submit a notice to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin specifying the State fiscal year for which the net

inpatient revenue and net outpatient revenue amounts will be

used at least 30 days prior to the date on which an assessment

amount calculated with the rebased amounts is due to be paid to

the department.

(f) Maximum amount.--In each year in which the assessment is

implemented, the assessment shall be subject to the maximum

aggregate amount that may be assessed under 42 CFR 433.68(f)(3)

(i) (relating to permissible health care-related taxes) or any

other maximum established under Federal law.

(g) Limited review.--Except as permitted under section 1611-

U, the secretary's determination of the assessment percentage

under subsection (b) shall not be subject to administrative or

judicial review under 2 Pa.C.S. Chs. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) and 7 Subch. A

(relating to judicial review of Commonwealth agency action) or

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any other provision of law. Assessments implemented under this

article or forms or reports required to be completed by covered

hospitals in accordance with this article shall not be subject

to the act of July 31, 1968 (P.L.769, No.240), referred to as

the Commonwealth Documents Law, the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys Act, and

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

Section 1605-U. Administration.

(a) Calculation and notice of assessment amount.--Using the

assessment percentage established under section 1604-U and

covered hospitals' net inpatient revenue and net outpatient

revenue, the department shall calculate and notify each covered

hospital of the assessment amount owed for the fiscal year.

Notification under this subsection may be made in writing or

electronically, at the discretion of the department.

(b) Calculation of assessment with changes of ownership.--

(1) If a single covered hospital changes ownership or

control, the department shall calculate the assessment as

follows:

(i) If the change of ownership occurs before July 1,

2018, the department shall calculate the assessment using

the hospital's net inpatient revenue and net outpatient

revenue amounts for State fiscal year 2018-2019, or a

later fiscal year that has been specified by the

secretary in accordance with section 1604-U(e).

(ii) If the change of ownership occurs on or after

July 1, 2018, the department shall calculate the

assessment using the hospital's net inpatient revenue and

net outpatient revenue amounts for State fiscal year

20230HB1300PN2107 - 16 -

2018-2019, or a later fiscal year that has been specified

by the secretary in accordance with section 1604-U(e); or

(iii) If the net inpatient revenue and net

outpatient revenue amounts for the State fiscal year

2018-2019, or a later fiscal year that has been specified

by the secretary in accordance with section 1604-U(e),

are unavailable due to a covered hospital's establishment

as a new hospital under subsection (d), the department

shall calculate the assessment using the hospital's net

inpatient revenue and net outpatient revenue amounts

under subsection (d).

(2) The covered hospital shall be liable for any

outstanding assessment amounts, including outstanding amounts

related to periods prior to the change of ownership or

control.

(3) If two or more hospitals merge or consolidate into a

single covered hospital as a result of a change in ownership

or control, the department shall calculate the assessment

amount owed by the single covered hospital resulting from the

merger or consolidation as follows:

(i) If the merger or consolidation occurs before

July 1, 2018, the department shall calculate the

assessment using the merged or consolidated hospitals'

combined net inpatient revenue and net outpatient revenue

amounts for State fiscal year 2018-2019, or a later

fiscal year that has been specified by the secretary in

accordance with section 1604-U(e);

(ii) If the merger or consolidation occurs on or

after July 1, 2018, the department shall calculate the

assessment using the merged or consolidated hospitals'

20230HB1300PN2107 - 17 -

combined net inpatient revenue and net outpatient revenue

amounts for State fiscal year 2018-2019, or a later

fiscal year that has been specified by the secretary in

accordance with section 1604-U(e); or

(iii) If one or more hospitals' net inpatient

revenue and net outpatient revenue amounts for the State

fiscal year 2018-2019, or a later fiscal year that has

been specified by the secretary in accordance with

section 1604-U(e), is unavailable due to the hospital's

establishment as a new hospital under subsection (d), the

following shall apply:

(A) The department shall calculate a new

hospital's net inpatient revenue and net outpatient

revenue amounts under subsection (d).

(B) For a hospital that is not a new hospital,

the department shall calculate the hospital's net

inpatient revenue and net outpatient revenue amounts

for State fiscal year 2018-2019, or a later fiscal

year that has been specified by the secretary in

accordance with section 1604-U(e).

calculated under clause (A) with the amount

calculated under clause (B) to determine the combined

net inpatient revenue and net outpatient revenue

amounts for the merged or consolidated hospitals.

(4) A single covered hospital is liable for any

outstanding assessment amounts, including outstanding amounts

related to periods prior to the change of ownership or

control, of any covered hospital that was merged or

consolidated.

20230HB1300PN2107 - 18 -

in operation.--Except as provided in subsection (b)(3), a

covered hospital that closes or that becomes an exempt hospital

during a fiscal year is liable for both:

(1) the annual assessment amount for the fiscal year in

which the closure or change occurs prorated by the number of

days in the fiscal year during which the covered hospital was

in operation; and

(2) any outstanding assessment amounts related to

periods prior to the closure or change in operation.

(d) Calculation of assessment for new hospitals.--A hospital

that begins operation as a covered hospital after July 1, 2018,

shall be assessed as follows:

(1) During the State fiscal year in which a covered

hospital begins operation or in which a hospital becomes a

covered hospital, the covered hospital shall not be subject

to the assessment.

(2) For the State fiscal year following the State fiscal

year under paragraph (1), the department shall calculate the

covered hospital's assessment amount using the net inpatient

revenue and net outpatient revenue from the State fiscal year

in which the covered hospital began operation or became a

covered hospital through the end of the State fiscal year.

(3) For the State fiscal year following the first full

State fiscal year under paragraph (2), the department shall

calculate the covered hospital's assessment amount using the

net inpatient revenue and net outpatient revenue from the

prior State fiscal year. For subsequent State fiscal years,

the department shall use the net inpatient revenue and net

outpatient revenue calculated under this paragraph or a later

20230HB1300PN2107 - 19 -

fiscal year that has been specified by the secretary in

accordance with section 1604-U(e).

(4) If estimated net inpatient revenue and net

outpatient revenue is used in calculating a covered

hospital's assessment under this subsection, the department

shall reconcile any amounts received based on reported actual

net inpatient revenues and net outpatient revenues.

(e) Payment.--A covered hospital shall pay the assessment

amount due for a fiscal year in four quarterly installments.

Payment of a quarterly installment shall be made electronically

on or before the first day of the second month of the quarter or

30 days from the date of the notice of the quarterly assessment

amount, whichever is later.

(f) Records.--Upon request by the department, a covered

hospital shall furnish to the department any records as the

department may specify in order for the department to validate

the net inpatient revenue and net outpatient revenue amounts

reported by the covered hospital or to determine the assessment

for a fiscal year or the amount of the assessment due from the

covered hospital or to verify that the covered hospital has paid

the correct amount due.

(g) Underpayments and overpayments.--In the event that the

department determines that a covered hospital has failed to pay

an assessment or that the covered hospital has underpaid an

assessment, the department shall notify the covered hospital in

writing of the amount due, including interest, and the date on

which the amount due must be paid, which shall not be less than

30 days from the date of the notice. In the event that the

department determines that a covered hospital has overpaid an

assessment, the department shall notify the covered hospital in

20230HB1300PN2107 - 20 -

writing of the overpayment and, within 30 days of the date of

the notice of the overpayment, shall offset the amount of the

overpayment against any amount that may be owed to the

department from the covered hospital.

Section 1606-U. Restricted account.

(a) Establishment.--There is established a restricted

account, known as the Quality Care Assessment Account, in the

General Fund for the receipt and deposit of revenues collected

under this article. Funds in the account are appropriated to the

department for the following:

(1) Making medical assistance payments to hospitals for

inpatient services in accordance with section 443.1(1.1) of

the act of June 13, 1967 (P.L.31, No.21), known as The Human

Services Code, and outpatient services, including for

observation services in accordance with section 443.3(a)(1.1)

of the Human Services Code and as otherwise specified in the

Commonwealth's approved Title XIX State Plan.

(2) Making payments to medical assistance managed care

organizations for additional payments for inpatient hospital

services in accordance with section 443.1(1.2), (1.3) and

(1.4) of the Human Services Code and outpatient services.

(3) Any other purpose approved by the secretary for

inpatient hospital, outpatient hospital and hospital-related

services.

(b) Limitations.--

(1) For the first year of the assessment, the amount

used for the medical assistance payments for hospitals and

Medicaid managed care organizations may not exceed the

aggregate amount of assessment funds collected for the year

less $121,000,000.

20230HB1300PN2107 - 21 -

(2) For the second year of the assessment, the amount

used for the medical assistance payments for hospitals and

medical assistance managed care organizations may not exceed

the aggregate amount of assessment funds collected for the

year less $109,000,000.

(3) (Reserved).

(4) For the third year of the assessment, the amount

used for the medical assistance payment for hospitals and

medical assistance managed care organizations may not exceed

the aggregate amount of the assessment funds collected for

the year less $109,000,000.

(5) For State fiscal years 2013-2014 and 2014-2015, the

amount used for the medical assistance payment for hospitals

and medical assistance managed care organizations may not

exceed the aggregate amount of the assessment funds collected

for the year less $150,000,000.

(6) For State fiscal years 2015-2016, 2016-2017 and

2017-2018, the amount used for the medical assistance payment

for hospitals and medical assistance managed care

organizations may not exceed the aggregate amount of the

assessment funds collected for the year less $220,000,000.

(7) For State fiscal years 2018-2019, 2019-2020 and

2020-2021, the amount used for the medical assistance payment

for hospitals and medical assistance managed care

organizations may not exceed the aggregate amount of the

assessment funds collected for the year less $295,000,000.

(8) For State fiscal years 2021-2022 and 2022-2023, the

amount used for the medical assistance payment for hospitals

and medical assistance managed care organizations may not

exceed the aggregate amount of the assessment funds collected

20230HB1300PN2107 - 22 -

for the year less $300,000,000.

(9) For State fiscal year 2023-2024, the amount used for

the medical assistance payment for hospitals and medical

assistance managed care organizations may not exceed the

aggregate amount of the assessment funds collected for the

year less $368,000,000.

(10) For State fiscal years 2024-2025, 2025-2026, 2026-

2027 and 2027-2028, the amount used for the medical

assistance payment for hospitals and medical assistance

managed care organizations may not exceed the aggregate

amount of the assessment funds collected for the year less

$452,000,000.

(11) The amounts retained by the department under

paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10)

and any additional amounts remaining in the restricted

accounts after the payments described in subsection (a)(1)

and (2) are made shall be used for purposes approved by the

secretary under subsection (a)(3), subject to paragraph (13).

(12) Not later than 180 days following the end of the

State fiscal year, the department shall prepare a revenue

reconciliation schedule for the prior State fiscal year that

includes information supporting the amounts received or

deposited into and paid out of the restricted account to

support actual payments to hospitals and managed care

organizations in accordance with subsection (a)(1) and (2).

(13) Any positive balance remaining in the restricted

account in excess of $10,000,000 annually that is not used by

the Commonwealth to obtain Federal matching funds and paid

out for hospital payments shall be factored into the

calculation of a new assessment rate by reducing the amount

20230HB1300PN2107 - 23 -

of hospital assessment funds that must be generated during

the next fiscal year in which the department is able to

calculate a new rate. If a new assessment rate is not

calculated, the funds remaining in the restricted account

shall be refunded to the covered hospital that paid the

assessment in proportion to the covered hospital's assessment

amount paid in the fiscal year.

shall not lapse to the General Fund at the end of a fiscal year.

If this article expires, the department shall use any remaining

funds for the purposes stated in this section until the funds in

the Quality Care Assessment Account are exhausted.

Section 1607-U. No hold harmless.

No covered hospital shall be directly guaranteed a repayment

of its assessment in derogation of 42 CFR 433.68(f) (relating to

permissible health care-related taxes), except that, in each

fiscal year in which an assessment is implemented, the

department shall use the funds received under this article for

the purposes outlined under section 1606-U to the extent

permissible under Federal and State law or regulation and

without creating an indirect guarantee to hold harmless, as

those terms are used under 42 CFR 433.68(f)(3)(i). The secretary

shall submit to the United States Department of Health and Human

Services any State Medicaid plan amendments that are necessary

to make the payments authorized under section 1606-U.

Section 1608-U. Federal waiver.

To the extent necessary in order to implement this article,

the department shall seek a waiver under 42 CFR 433.68(e)

(relating to permissible health care-related taxes) from the

Centers for Medicare and Medicaid Services of the United States

20230HB1300PN2107 - 24 -

Department of Health and Human Services. The department shall

not implement the assessment until approval of the waiver is

obtained. Upon approval of the waiver, the assessment shall be

implemented retroactive to the first day of the fiscal year to

which the waiver applies.

Section 1609-U. Tax exemption.

(a) Prohibition.--Notwithstanding any exemptions granted by

any other Federal, State or local tax or other law, no covered

hospital other than an exempt hospital shall be exempt from the

assessment.

(b) Interpretation.--The assessment imposed under this

article shall be recognized by the Commonwealth as uncompensated

goods and services under the act of November 26, 1997 (P.L.508,

No.55), known as the Institutions of Purely Public Charity Act,

and shall be considered a community benefit for purposes of any

required or voluntary community benefit report filed or prepared

by a covered hospital.

Section 1610-U. Remedies.

In addition to any other remedy provided by law, the

department may enforce this article by imposing one or more of

the following remedies:

(1) When a covered hospital fails to pay an assessment

or penalty in the amount or on the date required by this

article, the department shall add interest at the rate

provided in section 806 to the unpaid amount of the

assessment or penalty from the date specified for the

assessment's payment until the date on which it is paid.

(2) When a covered hospital fails to file a report or to

furnish records to the department as required by this

article, the department shall impose a penalty against the

20230HB1300PN2107 - 25 -

covered hospital in the amount of $1,000, plus an additional

amount of $200 per day for each additional day that the

failure to file the report or furnish the records continues.

(3) When a covered hospital that is a medical assistance

provider, or that is related through common ownership or

control as those terms are defined in 42 CFR 413.17(b)

(relating to cost to related organizations) to a medical

assistance provider, fails to pay all or part of an

assessment or penalty within 60 days of the date that payment

is due, the department may deduct the unpaid assessment or

penalty and any interest owed thereon from any medical

assistance payments due to the covered hospital or to any

related medical assistance provider until the full amount is

recovered. The deduction shall be made only after written

notice to the covered hospital and medical assistance

provider and may be taken in installments over a period of

time, taking into account the financial condition of the

medical assistance provider.

(4) Within 60 days after the end of each calendar

quarter, the department shall notify the Department of Health

of any covered hospital that has assessment, penalty or

interest amounts that have remained unpaid for 90 days or

more. The Department of Health shall not renew the license of

the covered hospital until the department notifies the

Department of Health that the covered hospital has paid the

outstanding amount in its entirety or that the department has

agreed to permit the covered hospital to repay the

outstanding amount in installments and that, to date, the

covered hospital has paid the installments in the amount and

by the date required by the department.

20230HB1300PN2107 - 26 -

(5) The secretary may waive all or part of the interest

or penalties assessed against a covered hospital in

accordance with this article for good cause as shown by the

covered hospital.

Section 1611-U. Request for review.

A covered hospital that is aggrieved by a determination of

the department as to the amount of the assessment due from the

covered hospital or a remedy imposed under section 1610-U may

file a request for review of the decision of the department by

the Bureau of Hearings and Appeals, which shall have exclusive

jurisdiction in such matters. The procedures and requirements of

67 Pa.C.S. Ch. 11 (relating to medical assistance hearings and

appeals) shall apply to requests for review filed in accordance

with this section, except that, in the request for review, a

covered hospital may not challenge an assessment percentage

determined by the secretary under section 1604-U(b) but only

whether the department correctly determined the assessment

amount due from the covered hospital using the assessment

percentage in effect for the fiscal year. A notice of review

filed under this section shall not operate as a stay of the

covered hospital's obligation to pay the assessment amount due

for a fiscal year as specified in section 1605-U(e) .

Section 1612-U. Liens.

Any assessments implemented and interest and penalties

assessed against a covered hospital under this article shall be

a lien on the real and personal property of the covered hospital

in the manner provided by section 1401, may be entered by the

department in the manner provided by section 1404 and shall

continue and retain priority in the manner provided in section

1404.1.

20230HB1300PN2107 - 27 -

Section 1613-U. Regulations.

The department may promulgate regulations and issue orders as

may be necessary to implement the assessment in accordance with

the requirements of this article.

Section 1614-U. Conditions for payments.

The department shall not be required to make payments as

specified in section 443.1(1.1), (1.2), (1.3) and (1.4) of the

act of June 13, 1967 (P.L.31, No. 21), known as the Human

Services Code, and a covered hospital shall not be required to

pay the assessment as specified in section 1605-U(e) unless all

of the following have occurred:

(1) The department receives Federal approval of a waiver

under 42 CFR 433.68(e) (relating to permissible health care-

related taxes) authorizing the department to implement the

assessment as specified in this article.

(2) The department receives Federal approval of a State

plan amendment authorizing the changes to its payment methods

and standards specified in section 443.1(1.1)(ii) of the

Human Services Code.

(3) The department receives Federal approval of

amendments to its medical assistance managed care

organization contracts authorizing adjustments to its

capitation payments funded in accordance with section 1606-U.

Section 1615-U. Report.

Not later than 180 days prior to the expiration date

specified in section 1616-U, the department shall prepare and

submit a report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives, the chairperson and minority

20230HB1300PN2107 - 28 -

chairperson of the Health and Human Services Committee of the

Senate and the chairperson and minority chairperson of the Human

Services Committee of the House of Representatives. The report

shall include the following:

(1) The name, address and amount of assessment for each

covered hospital subject to the assessment.

(2) The total amount of assessment revenue collected for

each year.

(3) The amount of assessment paid by each covered

hospital, including any interest and penalties paid.

(4) The name and address of each hospital receiving

supplemental payments instituted as a result of the

assessment.

(5) The payment amount and type of supplemental payment

received by each hospital.

(6) The total amount of fee-for-service inpatient acute

care payment made to each hospital.

(7) The number of medical assistance patient days and

discharges by hospital.

(8) Any proposed changes to the payment methodologies

and standards.

Section 1616-U. Expiration.

The assessment under this article shall expire June 30, 2028.

ARTICLE XVI-W

PENNSYLVANIA LONG-TERM CARE COUNCIL

Section 1601-W. 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:

"Council." The Pennsylvania Long-term Care Council

20230HB1300PN2107 - 29 -

established under section 1602-W(a).

"Department." The Department of Aging of the Commonwealth.

Section 1602-W. Pennsylvania Long-term Care Council.

(a) Establishment.--The Pennsylvania Long-term Care Council

is established within the department.

(b) Membership.--The council shall be composed of and

appointed in accordance with the following:

(1) The Secretary of Aging.

(2) The Secretary of Health.

(3) The Secretary of Human Services.

(4) The Insurance Commissioner.

(5) The Adjutant General.

(6) The Secretary of Transportation.

(7) The Executive Director of the Pennsylvania Housing

Finance Agency.

(8) Two members of the Senate, one appointed by the

President pro tempore and one appointed by the Minority

Leader.

(9) Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader.

(10) The following members to be appointed by the

Governor, in consultation with the Secretary of Aging:

(i) One representative from the Pennsylvania Council

on Aging.

(ii) One member who represents the local area

agencies on aging.

(iii) Six members who represent consumer advocacy

groups, with at least two being consumers of long-term

care services.

20230HB1300PN2107 - 30 -

(iv) One member who represents the elder law section

of the Pennsylvania Bar Association.

(v) One member who is a licensed insurance producer

with at least 10 years' experience in the long-term care

insurance market.

(vi) Seven members who represent providers

throughout the long-term care continuum, with no more

than one member representing a single provider group, as

follows:

(A) One member representing nonprofit skilled

nursing facilities.

(B) One member representing for-profit skilled

nursing facilities.

residences or personal care homes.

(D) One member representing home care or

hospice.

(E) One member representing older adult daily

living centers.

(F) One member representing senior community

centers.

(G) One member representing long-term care

managed care.

(vii) Two members with caregiver experience, at

least one of whom has personal experience as a family

caregiver.

(viii) Two members who represent the medical

community, one of whom must be a physician with at least

five years' experience in a long-term care setting and

the other of whom must be a nurse with at least five

20230HB1300PN2107 - 31 -

years' experience in a long-term care setting.

(ix) Two members who represent an academic research

institution.

(x) One member who represents the County

Commissioners Association of Pennsylvania.

(xi) The chair of the State Veterans Commission or a

designee.

(xii) One member who represents the Office of the

State Long-Term Care Ombudsman within the department.

governmental members may appoint a designee to attend and vote

at meetings of the council. Each governmental member who

appoints a designee shall do so by sending a letter to the

chairperson stating the name of that designee.

(d) Chairperson.--The Secretary of Aging shall serve as

chairperson.

(e) Executive director.--The Secretary of Aging shall

appoint an executive director of the council.

(f) Terms of members.--

(1) The terms of those members who serve in accordance

with subsection (b)(1), (2), (3), (4), (5), (6) and (7) shall

be concurrent with their service in the office from which

they derive their membership.

(2) Members appointed in accordance with subsection (b)

(8) and (9) shall serve terms conterminous with their

respective appointing authorities.

(3) Of the members appointed by the Governor, no less

than one-third of the members shall be appointed to serve a

two-year initial term, no less than one-third of the members

shall be appointed to serve a three-year initial term, and

20230HB1300PN2107 - 32 -

the remaining members shall serve a four-year term. Members

of the council shall serve for terms of four years after

completion of the initial terms as designated in this

section.

(4) Members shall be eligible for reappointment but

shall serve no more than two consecutive full terms. Members

shall serve until their successors are appointed and

qualified, provided they represent the interests of the

membership class for which they were appointed.

(g) Vacancies.--Any vacancy on the council shall be filled

by the original appointing authority. An individual appointed to

fill a vacancy shall serve the balance of the previous member's

term.

(h) Removal.--In addition to the provisions of subsection

(f)(1) and (2), members may be removed from the board for the

following reasons:

(1) A member who fails to attend three consecutive

meetings shall forfeit his or her seat unless the chairman,

upon written request from the member, finds that the member

should be excused from a meeting.

(2) A member shall forfeit his or her seat if he or she

no longer represents the interests of the membership class

for which he or she was appointed. Specifically, a member

meeting this threshold shall no longer be employed or

associated with the interests of the respective qualification

for which he or she was appointed.

(i) Expenses.--Members may not receive compensation or

remuneration for their service as council members or as

committee members. Nongovernmental council members shall be

entitled to reimbursement for travel and related actual expenses

20230HB1300PN2107 - 33 -

accrued in the performance of their duties as members, in

accordance with Commonwealth travel policy. Committee members

who are not members of the council may not receive

reimbursement.

Section 1603-W. Powers and duties of council.

(a) General rule.--The council shall have the following

powers and duties:

(1) To consult with various departments and agencies and

to make recommendations on regulations, licensure, financing

or any other responsibilities of those departments or

agencies relating to long-term care.

(2) To perform such other duties as the Governor may

assign relating to long-term care.

(3) To approve reports produced by any committee

established under section 1604-W before release to the public

or the General Assembly.

(4) To develop and adopt rules for conducting council

meetings, including, but not limited to, the procedure for

formally adopting the approval of committee reports before

release to the public.

(5) To develop and adopt rules for conducting committee

meetings. This power includes, but is not limited to,

determining the scope of responsibilities for each committee,

the number of members for each committee and the procedure

for formally adopting the approval of committee reports

before release to the council.

(6) To assign topics for research and study to each

committee. Nothing in this paragraph shall be construed to

prohibit a committee from proposing topics for consideration

to the council.

20230HB1300PN2107 - 34 -

(b) Scope.--All the powers and duties enumerated in this

section shall be performed in a manner that addresses all areas

of long-term care, including, but not limited to, institutional

care and home-based and community-based services.

Section 1604-w. Council committees.

(a) Establishment.--The council shall establish committees

which may research and study the following areas:

(1) Regulatory review and access to quality care.

(2) Community access and public education.

(3) Long-term care services models and delivery.

(4) Work force.

(5) Housing.

(6) Behavioral health issues of senior citizens who are

at least 60 years of age.

(b) Composition.--The council chairperson shall appoint

committee members, who may include those who are not members of

the council and who have expertise pertaining to the specific

topics and tasks assigned.

the council shall appoint council members to serve as

chairperson and, as needed, vice chairperson for each committee.

(d) Duties.--The council committees shall have the following

powers and duties:

(1) To study and report on the topics assigned by the

council.

(2) To facilitate the creation of the reports and, with

the permission of the council, invite individuals to assist

in preparation of reports for the council.

(3) To approve reports and recommendations for

submission to the council. Only members appointed to each

20230HB1300PN2107 - 35 -

committee may participate in approving reports and

recommendations to the council.

(e) Construction.--Nothing in this section shall be

construed to prohibit the chairperson, with concurrence by the

council, from establishing additional committees or ad hoc work

groups to assist the council or committees.

Section 5. Sections 1712-A.1(a)(2)(ii) and 1713-A.1(b)(1.8)

of the act, amended July 11, 2022 (P.L.540, No.54), are amended

to read:

Section 1712-A.1. Establishment of special fund and account.

(a) Tobacco Settlement Fund.--

* * *

(2) The following shall be deposited into the Tobacco

Settlement Fund:

* * *

(ii) For fiscal years 2019-2020, 2020-2021, 2021-

2022 [and], 2022-2023 and 2023-2024, an amount equal to

the annual debt service due in the fiscal year as

certified by the Secretary of the Budget pursuant to

section 2804 of the Tax Reform Code of 1971, as published

in the Pennsylvania Bulletin on March 3, 2018, at 48

Pa.B. 1406, shall be transferred to the fund from the

taxes collected under Article XII of the Tax Reform Code

of 1971 by April 30 following the beginning of the fiscal

year. A deposit under this paragraph shall occur prior to

the deposits and transfers under section 1296 of the Tax

Reform Code of 1971.

* * *

Section 1713-A.1. Use of fund.

* * *

20230HB1300PN2107 - 36 -

(b) Appropriations.--The following shall apply:

* * *

(1.8) For fiscal years 2021-2022 [and], 2022-2023 and

2023-2024, the General Assembly shall appropriate money in

the fund in accordance with the following percentages based

on the sum of the portion of the annual payment deposited and

the amount deposited under section 1712-A.1(a)(2)(ii) in the

fiscal year:

(i) Four and five-tenths percent for tobacco use

prevention and cessation programs under Chapter 7 of the

Tobacco Settlement Act.

(ii) Twelve and six-tenths percent to be allocated

as follows:

(A) Seventy percent to fund research under

section 908 of the Tobacco Settlement Act.

(B) Thirty percent as follows:

(I) One million dollars for spinal cord

injury research programs under section 909.1 of

the Tobacco Settlement Act.

(II) From the amount remaining after the

amount under subclause (I) has been determined:

(a) Seventy-five percent for pediatric

cancer research institutions within this

Commonwealth that are equipped and actively

conducting pediatric cancer research

designated by the Secretary of Health to be

eligible to receive contributions. No more

than $2,500,000 in a fiscal year shall be

made available to any one pediatric cancer

research institution.

20230HB1300PN2107 - 37 -

(b) Twenty-five percent for capital and

equipment grants to be allocated by the

Department of Health to entities engaging in

biotechnology research, including entities

engaging in regenerative medicine research,

regenerative medicine medical technology

research, hepatitis and viral research, drug

research and clinical trials related to

cancer, research relating to pulmonary

embolism and deep vein thrombosis, genetic

and molecular research for disease

identification and eradication, vaccine

immune response diagnostics, nanotechnology

research and the commercialization of applied

research.

(iii) One percent for health and related research

under section 909 of the Tobacco Settlement Act.

(iv) Eight and eighteen hundredths percent for the

uncompensated care payment program under Chapter 11 of

the Tobacco Settlement Act.

(v) Thirty percent for the purchase of Medicaid

benefits for workers with disabilities under Chapter 15

of the Tobacco Settlement Act.

(vi) Forty-three and seventy-two hundredths percent

shall remain in the fund to be separately appropriated

for health-related purposes.

* * *

Section 6. Section 1723-A.1(a)(2)(i.8) of the act is amended

by adding a clause and paragraph (3) is amended by adding a

subparagraph to read:

20230HB1300PN2107 - 38 -

Section 1723-A.1. Distributions from Pennsylvania Race Horse

Development Fund.

(a) Distributions.--Funds in the fund are appropriated to

the department on a continuing basis for the purposes set forth

in this subsection and shall be distributed to each active and

operating Category 1 licensee conducting live racing as follows:

* * *

(2) Distributions from the fund shall be allocated as

follows:

* * *

(i.8) The following apply:

* * *

$9,309,000 in the fund shall be transferred to the

account in equal weekly amounts sufficient to

complete the total transfer by June 30, 2024.

* * *

(3) The following shall apply:

* * *

(viii) For fiscal year 2023-2024, the department

shall transfer $10,066,000 from the fund to the State

Racing Fund under subsection (b).

* * *

Section 7. Subarticle G of Article XVII-A.1 of the act is

repealed:

[SUBARTICLE G

ENHANCED REVENUE COLLECTION ACCOUNT

Section 1761-A.1. Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

20230HB1300PN2107 - 39 -

context clearly indicates otherwise:

"Account." The Enhanced Revenue Collection Account continued

under section 1762-A.1.

"Department." The Department of Revenue of the Commonwealth.

Section 1762-A.1. Enhanced Revenue Collection Account.

The Enhanced Revenue Collection Account is continued as a

restricted account within the General Fund. Revenues collected

and the amount of refunds avoided as a result of expanded tax

return reviews and tax collection activities by the department

shall be deposited into the account.

Section 1763-A.1. Use of account.

(a) Appropriation.--The General Assembly may appropriate

money in the account to the department to fund the costs

associated with expanded tax return reviews and tax collection

activities.

(b) Return.--Except for amounts appropriated under

subsection (a), money in the account shall be returned

proportionately to the General Fund revenue or refund accounts

that were the source of the money no later than the 28th day of

each month of the fiscal year.

Section 1764-A.1. Report.

The department shall issue a report to the Governor, 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 by June 5, 2020, and each June 1 thereafter,

with the following information:

(1) A detailed breakdown of the department's

administrative costs in implementing expanded tax return

reviews and tax collection activities.

20230HB1300PN2107 - 40 -

(2) The amount of revenue collected and the amount of

refunds avoided as a result of the expanded tax return

reviews and tax collection activities, including the type of

tax generating the revenue and avoided refunds.]

Section 8. Section 1712-A.2(c) introductory paragraph of the

act, added July 11, 2022 (P.L.540, No.54), is amended and the

section is amended by adding subsections to read:

Section 1712-A.2. Clean Streams Fund.

* * *

fiscal year 2022-2023, money deposited into the fund [under

subsection (b)] shall be distributed as follows:

* * *

(d) Additional distributions.--For fiscal year 2023-2024 and

each year thereafter, money deposited into the fund shall be

distributed as follows:

(1) Eighty percent to the State Conservation Commission

established under the Conservation District Law, to implement

the Agriculture Conservation Assistance Program under Article

XVI-R.

(2) Eight percent to the Pennsylvania Infrastructure

Investment Authority to implement the Pennsylvania Clean

Water Procurement Program under Article XVI-S.

(3) Eight percent to the Nutrient Management Fund

established under 3 Pa.C.S. § 512.

(4) Four percent to the Department of Environmental

Protection for grants and reimbursements to municipalities

and counties under section 17 of the Storm Water Management

Act.

(e) Unexpended money.--Prior to expending money distributed

20230HB1300PN2107 - 41 -

under subsection (d), the Department of Agriculture, the

Pennsylvania Infrastructure Investment Authority and the

Department of Environmental Protection shall expend no less than

75% of the money appropriated from COVID Relief - ARPA -

Transfer to the Clean Streams Fund and distributed under

subsection (b).

Section 8.1. Subarticle C heading of Article XVII-A.2 of the

act is amended to read:

SUBARTICLE C

SPORTS [TOURISM AND MARKETING], MARKETING AND TOURISM ACCOUNT

Section 9. The definition of "eligible applicant" in section

1721-A.2 of the act, added July 11, 2022 (P.L.540, No.54), is

amended and the section is amended by adding definitions to

read:

Section 1721-A.2. 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:

"Account." The Sports, Marketing and Tourism Account

established under section 1722-A.2(a).

* * *

"Eligible applicant." Any of the following:

(1) A municipality, a local authority, a nonprofit

organization or a legal entity that is participating or plans

to participate in a competitive selection process conducted

by a site selection organization not located in this

Commonwealth for the purpose of securing a single year or

multiyear commitment from the site selection organization to

conduct the sporting event at one or more locations in this

Commonwealth.

20230HB1300PN2107 - 42 -

(2) A nonprofit entity that has been designated to

manage and organize an international sporting event.

* * *

"International sporting event." A sporting event in the city

of the first class as well as other cities in North America

that:

(1) is no less than 25 days in length;

(2) has no less than five competition days in this

Commonwealth; and

(3) will attract international teams from no fewer than

40 countries.

* * *

Section 10. Sections 1722-A.2 heading, (a), (b), (c)(2), (d)

and (e)(2) and 1723-A.2 of the act, added July 11, 2022

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

Section 1722-A.2. Sports [Tourism and], Marketing and Tourism

Account.

(a) Establishment.--The Sports [Tourism and], Marketing and

Tourism Account is established in the Pennsylvania Gaming

Economic Development and Tourism Fund as a restricted account.

The purpose of the [Sports Tourism and Marketing Account]

account shall be to attract high-quality, amateur and

professional sporting and esports events to this Commonwealth

for the purposes of advancing and promoting year-round tourism,

economic impact and quality of life through sport and to promote

tourism and tourism activities within this Commonwealth.

(b) Administration and distribution.--The [Sports Tourism

and Marketing Account] account shall be administered by the

department.

20230HB1300PN2107 - 43 -

* * *

(2) Establish procedures for eligible applicants to

apply for financial assistance from the [Sports Tourism and

Marketing Account] account.

* * *

(d) Use of funds.--

(1) The department may award financial assistance in the

form of a single year or multiyear award for any of the

following:

[(1)] (i) The costs relating to the preparations

necessary for conducting the event.

[(2)] (ii) The costs of conducting the event at the

venue, including costs of an improvement or renovation to

an existing facility at the venue. The financial

assistance under this section shall be limited to 20% of

the total cost of an improvement or renovation to an

existing facility, except if the facility is publicly

owned.

[(3)] (iii) Promotion, marketing and programming

costs associated with the event.

[(4)] (iv) Paid advertising and media buys within

this Commonwealth related to the event.

[(5)] (v) Production and technical expenses related

to the event.

[(6)] (vi) Site fees and costs, such as labor,

rentals, insurance, security and maintenance.

[(7)] (vii) Machinery and equipment purchases

associated with the conduct of the event.

[(8)] (viii) Public infrastructure upgrades or

public safety improvements that will directly or

20230HB1300PN2107 - 44 -

indirectly benefit the conduct of the event.

[(9)] (ix) Costs related to land acquisition

directly related to the conduct of the event. The

financial assistance under this section shall be limited

to 20% of the total acquisition cost, except if the venue

at which the event will be conducted is publicly owned.

[(10)] (x) On-site hospitality during the conduct of

the event.

(2) The department may use up to $10,000,000 in the form

of single or multiyear awards to an eligible applicant for

costs related to the preparation necessary for conducting an

international sporting event, including costs associated with

the event venue, promotion, advertising, site rentals,

infrastructure upgrades, on-site hospitality, community

engagement programming across this Commonwealth and public

safety planning and improvements.

(3) The department may use up to $15,000,000 for

activities related to a Statewide marketing strategy.

(e) Prohibitions.--

* * *

(2) Paragraph (1) shall not prohibit a disbursement from

the [Sports Tourism and Marketing Account] account for the

construction of temporary structures within an arena, stadium

or indoor or outdoor venue where the sporting event will be

conducted that are necessary for the conduct of an event or

temporary maintenance of a facility that is necessary for the

preparation for or conduct of an event.

Section 1723-A.2. Transfer of funds.

(a) Fiscal year 2022-2023.--Notwithstanding 4 Pa.C.S. §

13C62(b)(3) (relating to sports wagering tax), for fiscal year

20230HB1300PN2107 - 45 -

2022-2023, an amount equal to 5% of the tax revenue generated by

the tax imposed under 4 Pa.C.S. § 13C62 or $2,500,000, whichever

is greater, shall be transferred to the [Sports Tourism and

Marketing Account] account for use by the department in

accordance with this subarticle. The amount transferred under

this section may not exceed $5,000,000.

(b) Fiscal year 2023-2024.--Notwithstanding 4 Pa.C.S. § 1407

(relating to Pennsylvania Gaming Economic Development and

Tourism Fund) or any other provision of law, the sum of

$25,000,000 shall be transferred from the Pennsylvania Gaming

Economic Development and Tourism Fund to the account for use by

the department in accordance with this subarticle.

Section 11. Article XVII-A.2 of the act is amended by adding

subarticles to read:

SUBARTICLE E

FACILITY TRANSITION ACCOUNT

Section 1741-A.2. Facility Transition Account.

(a) Establishment.--The Facility Transition Account is

established in the General Fund as a restricted account.

(b) Deposits.--The following shall be deposited into the

account:

(1) Money appropriated to the State System of Higher

Education for facility transition.

(2) (Reserved).

continuing basis to the State System of Higher Education for the

payment of debt service, including early repayment of debt on

facilities owned by the State System of Higher Education located

at Pennsylvania Western University. Money appropriated under

this subsection shall only be used to make payments related to

20230HB1300PN2107 - 46 -

Pennsylvania Western University projects associated with the

following bond issuances:

(1) Series AO.

(2) Series AP.

(3) Series AQ.

(4) Series AR.

(5) Series AS.

(6) Series AT.

(7) Series AU.

(8) Series AV.

(9) Series AW.

(10) Series AX.

(11) Series AY.

(d) Remaining money.--Any money remaining in the account

after final payments are made under subsection (c) shall lapse

into the General Fund.

SUBARTICLE F

GAME FUND

Section 1751-A.2. Fund transfer.

Notwithstanding any other law, for fiscal year 2023-2024,

from gas and oil lease revenue deposited into the Game Fund

beginning in fiscal year 2019-2020, $150,000,000 shall be

transferred from the Game Fund to the Clean Streams Fund. The

transfer under this section shall be made by October 15.

Section 12. Section 1718-E(a) of the act is amended by

adding a paragraph to read:

Section 1718-E. Department of Agriculture.

(a) Appropriations.--The following shall apply to

appropriations for the Department of Agriculture:

* * *

20230HB1300PN2107 - 47 -

(3) No money appropriated from the Motor License Fund

for maintenance and improvement of dirt, gravel and low-

volume State and municipal roads under 75 Pa.C.S. § 9106

(relating to dirt, gravel and low-volume road maintenance)

may be used on land owned or otherwise under the control of

the Pennsylvania Game Commission.

* * *

Section 13. Section 1720-E(b)(9) of the act is amended, the

subsection is amended by adding a paragraph and the section is

amended by adding a subsection to read:

Section 1720-E. Department of Conservation and Natural

Resources.

* * *

(b) Regional ATV pilot program for department lands.--

* * *

(5.1) The department shall provide access to the

department ATV pilot area for at least the 2024 and 2025

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.

* * *

(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,

and every three years thereafter, the department shall submit

a report to the General Assembly on the department ATV pilot

area.

* * *

20230HB1300PN2107 - 48 -

appropriated from the Motor License Fund for the maintenance and

mitigation of dust and sediment pollution from parks and

forestry roads under 75 Pa.C.S. § 9106 (relating to dirt, gravel

and low-volume road maintenance) may be used on lands owned or

otherwise under the control of the Pennsylvania Game Commission.

Section 14. Section 1722-E of the act is amended by adding a

subsection to read:

Section 1722-E. Department of Education.

* * *

(h) Drug and Alcohol Recovery High School Program.--

(1) A student may enroll in the recovery high school

under the program established in section 1402-A of the Public

School Code of 1949 if the following apply:

(i) Subject to subparagraph (ii), the student

resides in a school district of the first class and the

student's parent or guardian has applied for enrollment

in the recovery high school on the student's behalf.

(ii) If fewer than 20 students residing in a school

district of the first class enroll in the recovery high

school under the program at any time under subparagraph

(i), a student who resides in a school district other

than a school district of the first class may enroll in

the recovery high school under the program if the

student's parent or guardian has applied for enrollment

in the recovery high school on the student's behalf.

(2) The Department of Education shall pay any tuition

due to the recovery high school by subtracting the amount

from State subsidies payable to the student's school district

of residence.

20230HB1300PN2107 - 49 -

Section 15. Section 1733-E of the act is amended by adding a

paragraph to read:

Section 1733-E. Pennsylvania State Police.

The following shall apply to appropriations for the

Pennsylvania State Police:

* * *

(3) For fiscal years beginning 2023-2024,

notwithstanding section 205 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

the Pennsylvania State Police shall consist of a number of

officers and enlisted members and shall be organized in a

manner as the Commissioner of the Pennsylvania State Police,

with the approval of the Governor, shall determine. The

number of officers and enlisted members beginning in fiscal

year 2023-2024 shall not exceed in the aggregate at any time

4,410 individuals. Pennsylvania State Police officers and

enlisted members assigned to duty with the Pennsylvania

Turnpike Commission, Delaware River Joint Toll Bridge

Commission, gaming enforcement and liquor control enforcement

shall not be counted in determining the total number of

officers and enlisted members in the Pennsylvania State

Police under this paragraph.

Section 16. Section 1795.1-E(b)(3), (c)(1)(iv) and (2) of

the act, added July 11, 2022 (P.L.540, No.54), and subsections

(b)(3) and (c)(1)(iv) expired July 31, 2023, are amended,

subsection (b) is amended by adding a paragraph and subsection

(c)(3) is amended by adding a subparagraph to read:

Section 1795.1-E. Surcharges.

* * *

(b) Imposition.--

20230HB1300PN2107 - 50 -

* * *

[(3) An additional surcharge of $10 shall be charged and

collected by a division of the unified judicial system. This

paragraph shall expire July 31, 2023. The additional

surcharge under this paragraph shall be deposited into the

Judicial Department Operations Augmentation Account under

subsection (d).]

(4) An additional surcharge of $10 shall be charged and

collected by a division of the unified judicial system. This

paragraph shall expire July 31, 2025. The additional

surcharge under this paragraph shall be deposited into the

Judicial Department Operations Augmentation Account under

subsection (d).

(1) In addition to the fees imposed under 42 Pa.C.S. §§

3733(a.1) and 3733.1 (relating to surcharge), except as set

forth in paragraph (2), the following apply:

* * *

[(iv) A surcharge of $11.25 shall be charged and

collected by a division of the unified judicial system.

This subparagraph shall expire July 31, 2023. The

surcharge under this subparagraph shall be deposited into

the Judicial Department Operations Augmentation Account

under subsection (d).]

(v) A surcharge of $11.25 shall be charged and

collected by a division of the unified judicial system.

This subparagraph shall expire July 31, 2025. The

surcharge under this subparagraph shall be deposited into

the Judicial Department Operations Augmentation Account

under subsection (d).

20230HB1300PN2107 - 51 -

(2) Paragraph [(1) does] (1)(ii) and (iii) shall not

apply to a conviction or guilty plea based on the filing of a

traffic citation charging an offense under 75 Pa.C.S.

(relating to vehicles) that is classified as a summary

offense under a State statute or local ordinance as provided

in the Pennsylvania Rules of Criminal Procedure.

* * *

Section 17. Section 1798.1-E of the act is amended to read:

Section 1798.1-E. Federal and Commonwealth use of forest land.

(a) Scope.--This section applies to the following:

(1) Real property acquired for forest reserves by any of

the following:

(i) [the] The Federal Government[; or].

(ii) [the] The Commonwealth.

(2) Tax-exempt real property acquired by the Federal

Government or by the Commonwealth for the purpose of

preserving, perpetuating and maintaining any portion of the

original forests of this Commonwealth as public places and

parks.

(3) Real property:

(i) which is acquired for the purpose of

conservation of water or the prevention of flood

conditions; and

(ii) upon which there is an imposed tax payable by

the Commonwealth.

(b) Charge.--

(1) For land owned by the Department of Conservation and

Natural Resources, subject to subsection (c), real property

under subsection (a) shall be subject to an annual charge of

all of the following:

20230HB1300PN2107 - 52 -

(i) [$2] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. One dollar and twenty cents shall be paid by

the Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

§ 1403 (relating to establishment of State Gaming Fund

and net slot machine revenue distribution).

(ii) [$2] Two dollars and forty cents per acre for

the benefit of the schools in each school district where

the real property is located[; and]. One dollar and

twenty cents shall be paid by the Department of

Conservation and Natural Resources and $1.20 shall be

paid from money available under 4 Pa.C.S. § 1403.

(iii) [$2] Two dollars and forty cents per acre for

the benefit of the township where the real property is

located. One dollar and twenty cents shall be paid by the

Department of Conservation and Natural Resources and

$1.20 shall be paid from money available under 4 Pa.C.S.

§ 1403.

(2) For land owned by the Pennsylvania Game Commission

or the Pennsylvania Fish and Boat Commission, real property

under subsection (a) shall be subject to an annual charge of

all of the following:

(i) [$1.20] Two dollars and forty cents per acre for

the benefit of each county where the real property is

located[;]. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(ii) [$1.20] Two dollars and forty cents per acre

for the benefit of the schools in each school district

20230HB1300PN2107 - 53 -

where the real property is located[; and]. Forty cents

shall be paid by the Commonwealth agency which owns the

property and $2 shall be paid from money available under

4 Pa.C.S. § 1403.

(iii) [$1.20] Two dollars and forty cents per acre

for the benefit of the township where the real property

is located. Forty cents shall be paid by the Commonwealth

agency which owns the property and $2 shall be paid from

money available under 4 Pa.C.S. § 1403.

(3) [Subject to subsection (f), the] The charge under

paragraph (1) shall be payable by the Commonwealth before

September 2.

(1) Except as set forth in paragraph (2), the annual

charge payable by the Commonwealth on real property under

subsection (a)(1)(i) shall continue only until the receipt of

money by treasurers and township supervisors of the political

subdivisions under subsection (b)(1), in accordance with the

act of April 27, 1925 (P.L.324, No.185), entitled "An act for

the distribution by the Commonwealth and counties to

townships and school districts of moneys received from the

United States from Forest Reserves within the Commonwealth,"

equals or exceeds the amount paid by the Commonwealth in lieu

of taxes.

(2) Paragraph (1) [does] shall not apply to the

following:

(i) [the] The annual charge per acre for the benefit

of the county where real property under subsection (a)(1)

(i) is located for calendar years 1953, 1954, 1955 and

1956[; and].

20230HB1300PN2107 - 54 -

(ii) The amount of $0.025 of the annual charge per

acre for the benefit of the county where the real

property under subsection (a)(1)(i) is located for each

year after 1956.

(3) The Commonwealth shall annually pay the charges

exempted under paragraph (2).

(d) Certification.--Upon application of the treasurer or

township supervisor, the Secretary of Conservation and Natural

Resources shall certify to the respective counties, school

districts and townships where real property under subsection (a)

is located and to the State Treasurer:

(1) the number of acres owned by the Federal Government

and by the Commonwealth in the political subdivision; and

(2) the charge against the real property.

(e) Payment.--The State Treasurer shall pay to political

subdivisions under subsection (d) the amount due under

subsection (b) upon:

(1) requisition of the Secretary of Conservation and

Natural Resources; and

(2) application by the appropriate treasurer or township

supervisors.

[(f) Source of payment.--For real property owned by the

Department of Conservation and Natural Resources, the

Pennsylvania Game Commission or the Pennsylvania Fish and Boat

Commission, of the charge per acre under subsection (b):

(1) $2.40 shall be paid from money available under 4

Pa.C.S. § 1403 (relating to establishment of State Gaming

Fund and net slot machine revenue distribution); and

(2) the remainder shall be paid by the Commonwealth

agency which owns the property.]

20230HB1300PN2107 - 55 -

Section 18. Section 1798.3-E of the act, amended July 11,

2022 (P.L.540, No.54), is amended to read:

Section 1798.3-E. Multimodal Transportation Fund.

(a) Department of Transportation.--

(1) From funds available to the Department of

Transportation under 74 Pa.C.S. § 2104(a)(2) (relating to use

of money in fund), the local match under 74 Pa.C.S. § 2106

(relating to local match) may be waived by the Secretary of

Transportation for good cause if the applicant for assistance

is a municipality.

(2) From funds available to the Department of

Transportation under 74 Pa.C.S. § 2104(a)(2), the local match

under 74 Pa.C.S. § 2106 may be waived by the Secretary of

Transportation for good cause if the applicant for assistance

is a port authority.

(b) Commonwealth Financing Authority.--Notwithstanding the

provisions of 74 Pa.C.S. § 2106, a municipality or port

authority receiving financial assistance under 74 Pa.C.S. §

2104(a)(4) may not be required to provide a local match.

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

subsection unless the context clearly indicates otherwise:

"Municipality." A county, city, borough, incorporated town,

township or local, regional or metropolitan transportation

authority.

"Port authority." A port authority as established under the

act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia

Regional Port Authority Act.

(d) Expiration.--This section shall expire December 31,

[2023] 2024.

20230HB1300PN2107 - 56 -

Section 19. Section 1799.5-E of the act is repealed:

[Section 1799.5-E. Sales by distilleries.

(a) General rule.--Notwithstanding any provision of the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, to

the contrary, the holder of a distillery or limited distillery

license may sell liquor to the board and to persons not licensed

by the board. A distillery or limited distillery license holder

may also directly sell liquor to any license or permit holder

that is otherwise authorized to sell liquor. However, aggregate

sales to the license and permit holders may not exceed 50,000

gallons during a calendar year. A license or permit holder that

wishes to acquire liquor produced by a distillery or limited

distillery license holder after the producer has reached its

aggregate 50,000-gallon limit may still acquire the product if

it is available from the board. If a person holds more than one

distillery or limited distillery license, either directly or

through a wholly owned subsidiary, the sales from all such

licenses shall be considered when determining whether the

50,000-gallon limit has been reached.

(b) Definition.--As used in this section, the term "board"

means the Pennsylvania Liquor Control Board.]

Section 20. The act is amended by adding articles to read:

ARTICLE XVII-F.3

2023-2024 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-F.3. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

appropriation acts of 2023.

20230HB1300PN2107 - 57 -

Section 1702-F.3. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

"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-F.3. (Reserved).

Section 1704-F.3. (Reserved).

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-F.3. Governor (Reserved).

Section 1712-F.3. Executive offices.

The following apply to appropriations for the executive

offices:

(1) The following apply to money appropriated for the

Pennsylvania Commission on Crime and Delinquency:

(i) No less than the amount used in the 2014-2015

fiscal year shall be used to support the Statewide

Automated Victim Information and Notification System

(SAVIN) to provide offender information through county

jails.

20230HB1300PN2107 - 58 -

(ii) No less than the amount used in the 2014-2015

fiscal year shall be used for a residential treatment

community facility for at-risk youth located in a county

of the fifth class.

(iii) From the amount appropriated, $400,000 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) From the amount appropriated, $600,000 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.

(v) No less than $3,000,000 shall be available as a

pilot program to offset costs incurred by a city of the

first class and a county of the second class A that is

also a home rule county in connection with hiring

additional assistant district attorneys designated as a

Special United States Attorney by a United States

Attorney's office through participation in the Project

Safe Neighborhoods program and who will exclusively

prosecute crimes under 18 U.S.C. § 922(g) (relating to

unlawful acts).

(vi) $500,000 shall be used to support a Statewide

child predator unit.

(vii) $500,000 shall be used for training and

equipment needs to support improvements in the

identification, investigation and prosecution of 18

Pa.C.S. § 6312 (relating to sexual abuse of children).

(viii) No less than $1,750,000 shall be used for

20230HB1300PN2107 - 59 -

nonnarcotic medication substance use disorder treatment

for eligible offenders, which shall include the

establishment and administration of a nonnarcotic

medication assisted substance grant program to provide

annual grants to county corrections institutions. As used

in this subparagraph, the term "eligible offender" means

a defendant or inmate convicted of a criminal offense who

will be committed to the custody of the county and who

meets the clinical criteria for an opioid or alcohol use

disorder as determined by a physician.

(ix) (Reserved).

(x) (Reserved).

(2) From money appropriated for violence and delinquency

prevention programs:

(i) no less than the amount used in the 2014-2015

fiscal year shall be used for programs in a city of the

second class; and

(ii) no less than the amount used in the 2014-2015

fiscal year shall be used for blueprint mentoring

programs that address reducing youth violence in cities

of the first, second and third class with programs in

cities of the second class and third class also receiving

a proportional share of $350,000.

(3) Money appropriated for violence intervention and

prevention shall be used solely to provide grants and

technical assistance to community-based organizations,

institutions of higher education, municipalities, district

attorneys and other entities in accordance with section 1306-

B(b) of the Public School Code of 1949 and notwithstanding

section 1306-B(h)(7) of the Public School Code of 1949 for

20230HB1300PN2107 - 60 -

programs eligible under section 1306-B(j)(22) of the Public

School Code of 1949.

(4) Money appropriated for county intermediate

punishment shall be distributed to counties for county adult

probation supervision and drug and alcohol and mental health

treatment programs for offenders sentenced to restrictive

conditions of probation imposed under 42 Pa.C.S. § 9763(c) or

(d) (relating to conditions of probation) and are certified

in accordance with 42 Pa.C.S. § 2154.1(b) (relating to

adoption of guidelines for restrictive conditions). 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.

Section 1713 -F.3 . Lieutenant Governor (Reserved).

Section 1714 -F.3 . Attorney General.

The following apply to appropriations to the Attorney

General:

(1) The sum of $8,431,000 shall be distributed between

the Attorney General and the district attorney's office in a

city of the first class for costs associated with the

operation of the joint local-State firearm task force in the

city of the first class. No more than 20% may be allocated

for the district attorney's office in a city of the first

class.

(2) The sum of $4,000,048 shall be distributed to the

Attorney General for costs associated with a joint local-

State firearm task force in a city of the first class.

(2.1) The sum of $1,537,952 shall be used to cover the

20230HB1300PN2107 - 61 -

costs associated with establishing and operating a joint

local-State firearm task force in a county of the second

class.

(3) The Attorney General may expend up to $2,000,000 in

total from the following restricted accounts for building

maintenance and renovation costs for a regional office of the

Attorney General located in a city of the first class:

(i) The Criminal Enforcement Restricted Account

established under section 1713-A.1.

(ii) The Collection Administration Account

established under section 922.1 of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code

of 1929.

(iii) The restricted account established under

1795.1-E(c)(3)(iii).

(iv) The Straw Purchase Prevention Education Fund

established under 18 Pa.C.S. § 6186 (relating to Straw

Purchase Prevention Education Fund).

(v) The restricted account established under section

4 of the act of December 4, 1996 (P.L.911, No.147), known

as the Telemarketer Registration Act.

Section 1715 -F.3 . Auditor General (Reserved).

Section 1716 -F.3 . Treasury Department (Reserved).

Section 1717 -F.3 . Department of Aging (Reserved).

Section 1718 -F.3 . Department of Agriculture.

The following apply to appropriations for the Department of

Agriculture:

(1) From money appropriated for general government

operations, the following apply:

(i) (Reserved).

20230HB1300PN2107 - 62 -

(ii) No less than $250,000 shall be used for the

Commission for Agricultural Education Excellence to

assist in the development and implementation of

agricultural education programming.

(2) From money appropriated for agricultural

preparedness and response, the following shall apply:

(i) No less than $25,000,000 shall be used for the

following costs associated with preparing for and

responding to an outbreak of highly pathogenic avian

influenza:

(A) Grants to assist with income losses and

costs associated with workforce payroll and benefits,

mortgage interest and rent payments, utility

payments, costs of delayed repopulating and reopening

facilities and other losses or costs associated with

response not otherwise eligible for or covered by

Federal funding, insurance, contracts or other

funding sources.

(B) The establishment and operations of a highly

pathogenic avian influenza rapid response team. The

amount utilized under this clause may not exceed

$2,000,000.

(ii) No less than $6,000,000 shall be used for costs

incurred by the Pennsylvania Animal Diagnostic Laboratory

System in preparing for and responding to an outbreak of

highly pathogenic avian influenza.

(3) (Reserved).

(4) From money appropriated for agricultural research,

the following apply:

(i) No less than $300,000 shall be used for an

20230HB1300PN2107 - 63 -

agricultural resource center.

(ii) No less than $100,000 shall be used for

agricultural law research programs, including those

addressing energy development, in conjunction with a

land-grant university.

(5) From money appropriated for hardwoods research and

promotion, at least 80% of the money shall be equally

distributed among the hardwood utilization groups of this

Commonwealth established prior to the effective date of this

section.

(6) Money appropriated for the Animal Health and

Diagnostic Commission shall be equally distributed to the

animal diagnostic laboratory system laboratories located at a

land-grant university and at a school of veterinary medicine

located within this Commonwealth.

Section 1719 -F.3 . 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, no less than $1,900,000 shall be used to support

a manufacturing technology development effort, to assist

Pennsylvania small businesses with enhanced cyber security

and to test coal ash refuse extraction of rare earth metals

for domestic chip manufacturing in a county of the fourth

class with a population of at least 130,000 but not more than

135,000, under the most recent Federal decennial census.

(2) (Reserved).

(3) From money appropriated for marketing to attract

tourists:

20230HB1300PN2107 - 64 -

(i) $4,145,000 to fund the activities of the tourism

office within the department; and

(ii) the remaining money includes an allocation to

be used to plan, market and conduct a series of arts and

cultural activities that generate Statewide and regional

economic impact, and $1,000,000 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.

(4) From money appropriated for Pennsylvania First, no

less than $8,000,000 shall be used to fund the Workforce and

Economic Development Network of Pennsylvania (WEDnetPA) for

workforce training grants provided through an alliance of

educational providers, including, but not limited to, State

System of Higher Education universities, the Pennsylvania

College of Technology and community colleges located in this

Commonwealth.

(5) From money appropriated for Keystone Communities:

(i) $6,405,000 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) The remaining money shall be used for projects

supporting economic growth, community development and

municipal assistance throughout this Commonwealth.

(6) (Reserved).

(7) Notwithstanding section 4(1) of the act of October

11, 1984 (P.L.906, No.179), known as the Community

20230HB1300PN2107 - 65 -

Development Block Grant Entitlement Program for Nonurban

Counties and Certain Other Municipalities, the Commonwealth

may use up to 3% of the money received pursuant to the

Housing and Community Development Act of 1974 (Public Law 93-

383, 88 Stat. 633) for administrative costs.

(8) Money appropriated for local municipal relief shall

include an allocation to provide State assistance to

individuals, persons or political subdivisions directly

affected by natural or manmade 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

available for reimbursement in a disaster emergency area only

when a Presidential disaster declaration does not cover the

area or when the Department of Community and Economic

Development determines that a public safety emergency has

occurred.

(9) (Reserved).

(10) Money appropriated for hospital and health system

emergency relief shall include an allocation to provide State

assistance to hospital and health care systems that

experience unexpected financial impact situations. State

assistance may be limited to grants to stabilize finances

that do not qualify for Federal participation or matching

funds under the medical assistance program.

(11) Money appropriated for community and economic

assistance shall include an allocation to provide State

20230HB1300PN2107 - 66 -

assistance in the form of grants to assist in community and

economic development, including projects in the public

interest.

(12) From money appropriated to the Department of

Community and Economic Development, the Department of

Community and Economic Development shall pay one-third of the

cost for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

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

Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of

Community and Economic Development shall collaborate with any

other State agency as necessary to implement a procurement

under this paragraph.

(13) Money appropriated for workforce development shall

be distributed in the same proportion as distributed in

fiscal year 2022-2023.

Section 1720 -F.3 . Department of Conservation and Natural

Resources.

The following apply to appropriations for the Department of

Conservation and Natural Resources:

(1) (Reserved).

(2) Money appropriated for parks, forests and recreation

projects shall be used for grants for projects to enhance

parks, forests and recreation activities.

Section 1721 -F.3 . Department of Corrections (Reserved).

Section 1722 -F.3 . Department of Drug and Alcohol Programs

20230HB1300PN2107 - 67 -

(Reserved).

Section 1723 -F.3 . Department of Education.

The following apply to appropriations to the Department of

Education:

(1) (Reserved).

(2) From an appropriation for adult and family literacy

programs, summer reading programs and the adult high school

diplomas program. The following apply:

(i) no less than the amount allocated in the 2014-

2015 fiscal year shall be allocated 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

64,730 but not more than 65,558; and

(ii) no less than the amount allocated in the 2016-

2017 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 most recent Federal decennial census, of at least

320,000 but not more than 330,000.

(iii) From money appropriated for adult and family

literacy, at least $1,050,000 shall be used to develop

and administer a program to subsidize the cost of high

school equivalency testing that leads to a Commonwealth

secondary school diploma credential for individuals who

meet requirements established by the department.

(3) Notwithstanding any other provision of law, the

appropriation for pupil transportation may not be redirected

for any purpose.

(4) From money appropriated for Pennsylvania Chartered

20230HB1300PN2107 - 68 -

Schools for Deaf and Blind Children, the following apply:

(i) Upon distribution of the final tuition payment

for the fiscal year, the balance of the appropriation,

excluding amounts under subparagraph (ii), 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 prior fiscal year.

(ii) $1,000,000 is included for capital-related

costs and deferred maintenance to be divided equally

between each school.

(5) Notwithstanding any other provision of law, the

amount of money 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.

(6) Money appropriated for regional community college

services shall be distributed to each entity that received

funding in fiscal year 2022-2023 in an amount equal to the

amount received in that fiscal year.

(7) Notwithstanding any other provision of law, money

appropriated for community education councils shall be

distributed in a manner that each community education council

which received funding in fiscal year 2022-2023 shall receive

an amount equal to the amount received in that fiscal year.

(7.1) From money appropriated for Parent Pathways, the

Department of Education shall expand the Parent Pathways

Learning Network Pilot Program to assist parenting students

20230HB1300PN2107 - 69 -

in pursuing postsecondary pathways to postsecondary degree or

certificate completion. The Department of Education shall

provide financial and technical assistance to postsecondary

institutions to remove barriers to postsecondary degree or

certificate completion and increase access to family

sustaining wages and in-demand occupations.

(8) Notwithstanding section 123(k) of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, the Basic Education Funding Commission is reconstituted

and shall issue an interim report to the recipients listed in

section 123(i)(12) of the Public School Code of 1949 not

later than January 30, 2024, and a final report to to the

recipients not later than April 30, 2024.

(9) Notwithstanding any other provision of law, for the

2023-2024 fiscal year, the department may not accept or

approve new school building construction or reconstruction

project applications under subarticle (c) of Article VII of

the Public School Code of 1949.

(10) For the 2023-2024 fiscal year, the department may

not use any appropriation for projects for which approval and

reimbursement is sought and for the program under Article

XXVI-J of the Public School Code of 1949.

(11) From money appropriated for safe school

initiatives, the combined amount of grants awarded to

intermediate units on behalf of nonpublic schools under

section 1302-A(c) of the Public School Code of 1949 and

grants awarded for costs associated with a nonpublic school

obtaining the services of a school police officer under

section 1302-A(c.1) of the Public School Code of 1949 shall

be no less than $14,550,571.

20230HB1300PN2107 - 70 -

(12) From money appropriated for the Pre-K Counts

Program, the following shall apply:

(i) Beginning December 31, 2023, and on the last day

of each month thereafter, an approved provider shall

submit a monthly report of the following program

information to the Department of Education:

(A) The number of students for which the

approved provider is receiving grant funds.

(B) The number of students enrolled during the

month.

enrolled.

(D) The number of students seeking services but

not enrolled.

(ii) No later than 30 days after receiving the

required reports from approved providers under

subparagraph (i) the Department of Education shall make a

report of the information collected from approved

providers and information detailing the recovery and

redirection of grant funds to 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 that includes the following:

(A) The information received under subparagraph

(i).

(B) The amount of funds to be recovered under

subparagraph (iii).

recovered under subparagraph (iii) were intended to

20230HB1300PN2107 - 71 -

provide services.

(D) The amount of funds to be reallocated under

subparagraph (iv).

(E) The number of students that funds to be

reallocated under subparagraph (iv) will allow to

receive services.

(F) The amount of funds recovered and not

reallocated under subparagraph (iv).

(iii) Grant funds received by an approved provider

shall be recovered by the Department of Education within

15 days of a report made under subparagraph (i) that

finds the number of students for which the approved

provider is receiving grant funds is greater than the

number of students enrolled during the month. The amount

of grant funds to be recovered shall be determined by

subtracting the number of students enrolled during the

month from the number of students for which the approved

provider is receiving grant funds and multiplying the

difference by the portion of the per-student grant award

amount paid to the approved provider for the period for

which the report was made.

(iv) Grant funds recovered under subparagraph (iii)

shall be reallocated proportionally to approved providers

based on the number of students seeking services but not

enrolled as reported in subparagraph (i). Grant funds may

not be reallocated in excess of the number of students

seeking services but not enrolled. Any recovered grant

funds remaining at the end of the fiscal year shall lapse

to the General Fund.

(v) The Secretary of Education and the Secretary of

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Human Services shall report, on a quarterly basis, in

person to 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

or their designees, the information reported under

subparagraph (i) and information documenting the recovery

of funds under subparagraph (iii) and the reallocation of

funds and funds remaining available under subparagraph

(iv).

(13) Notwithstanding any other provision of law to the

contrary, from money appropriated for payment of approved

operating expenses of community colleges, each community

college shall receive an amount equal to the following:

(i) For the 2023-2024 fiscal year, each community

college shall receive an amount equal to the following:

(A) An amount equal to the reimbursement for

operating costs received in fiscal year 2022-2023

under section 1913-A(b)(1.6)(xvi)(A) and (C) and

(xvii) of the Public School Code of 1949.

(B) An amount equal to the economic development

stipend received in fiscal year 2022-2023 under

section 1913-A(b)(1.6)(xvi)(B) of the Public School

Code of 1949.

funding under clause (A) or (B), an additional amount

for operating costs determined for each community

college, as follows:

(I) Multiply the audited full-time

equivalent enrollment as verified under section

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1913-B(k.1) for the most recent year available

for the community college by $5,130,000.

(II) Divide the product in subclause (I) by

the sum of the audited full-time equivalent

enrollment as verified under section 1913-A(k.1)

of the Public School Code of 1949 for the most

recent year available for all community colleges.

(ii) (Reserved).

(14) Notwithstanding any other provision of law to the

contrary, from money appropriated for a subsidy to public

libraries funds shall be distributed as follows:

(i) The State Librarian shall distribute $6,717 to

each district library center that received less than the

amount specified under 24 Pa.C.S. § 9338(b)(2) (relating

to district library center aid) in fiscal year 2022-2023

from funds allocated under section 2326(1) of the Public

School Code of 1949.

(ii) All funds remaining after the distribution

under subparagraph (i) shall be distributed to each

library under the following formula:

(A) Divide the sum of the amount of funding the

library received in fiscal year 2022-2023 under

section 2326(1) of the Public School Code of 1949 and

subparagraph (i) by the sum of the total amount of

State aid provided under section 2326(1) of the

Public School Code of 1949 and subparagraph (i).

(B) Multiply the quotient under clause (A) by

$70,422,981.

(iii) Following distribution of funds appropriated

for State aid to libraries under subparagraphs (i) and

20230HB1300PN2107 - 74 -

(ii), any remaining funds may be distributed at the

discretion of the State Librarian.

(iv) If funds appropriated for State aid to

libraries in fiscal year 2023-2024 are less than funds

appropriated in fiscal year 2002-2003, the State

Librarian may waive standards as prescribed in 24 Pa.C.S.

Ch. 93 (relating to Public Library Code).

(v) Each library system receiving State aid under

this paragraph may distribute the local library share of

that aid in a manner as determined by the board of

directors of the library system.

(vi) In the case of a library system that contains a

library operating in a city of the second class, changes

to the distribution of State aid to the library shall be

made by mutual agreement between the library and the

library system.

(vii) In the event of a change in district library

center population prior to the effective date of this

section as a result of:

(A) a city, borough, town, township, school

district or county moving from one library center to

another; or

(B) a transfer of district library center status

to a county library system;

funding of district library center aid shall be paid

based on the population of the newly established or

reconfigured district library center.

(viii) In the event of a change in direct service

area from one library to another, the State Librarian,

upon agreement of the affected libraries, may

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redistribute the local library share of aid to the

library currently servicing the area.

(15) From money appropriated for Ready-to-Learn Block

Grant for the 2023-2024 school year, each school entity shall

receive a Ready-to-Learn Block Grant in an amount not less

than the amount received by the school entity from the

appropriation for the Ready-to-Learn Block Grant during the

2022-2023 fiscal year.

(16) (Reserved).

(17) From money appropriated for payments on account of

special education of exceptional children, 5.5% of the amount

shall be paid to intermediate units on account of special

education services.

(18) Notwithstanding any provision of law to the

contrary, from money appropriated for career and technical

education, payments on account of pupils enrolled in career

and technical education curriculums as required under section

2502.8 of the Public School Code of 1949 shall by calculated

by determining the increase in the weighted average daily

membership by multiplying the number of students in average

daily membership in career and technical curriculums in area

career and technical schools by 0.2668 and the number of

students in average daily membership in school district and

charter school career and technical curriculums by 0.2178.

(19) (Reserved).

(20) Article XXVI-J of the Public School Code of 1949

shall apply to projects for which approval and reimbursement

is sought and for the program beginning July 1, 2024.

(21) The Department of Education may utilize up to

$7,000,000 of undistributed funds not expended, encumbered or

20230HB1300PN2107 - 76 -

committed from appropriations for grants, subsidies and

assessments made to the Department of Education to assist

school districts declared to be in financial recovery status

under section 621-A of the Public School Code of 1949,

identified for financial watch status under section 611-A of

the Public School Code of 1949 or identified for financial

watch status under section 694-A of the Public School Code of

1949; except that the funds must be first utilized to

accomplish the provisions contained in section 695-A of the

Public School Code of 1949. The funds shall be transferred by

the Secretary of the Budget to a restricted account as

necessary to make payments under this paragraph and, when

transferred, are appropriated to carry out the provisions of

this section 2510.3 of the Public School Code of 1949.

(22) From money appropriated to the Department of

Education, the Department of Education shall pay one-third of

the cost for the Commission on Education and Economic

Competitiveness to implement a contract for a nonprofit

entity that has experience in the creation of long-term

education planning efforts as required under section 123.1(g)

of the Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of

Education shall collaborate with any other State agency as

necessary to implement a procurement under this paragraph.

(23) From money appropriated for grants to school

districts to assist in meeting Federal matching requirements

for grants received under 42 U.S.C. Ch. 13A (relating to

child nutrition) and to aid in providing a food program for

needy children, money shall be used to reimburse schools that

20230HB1300PN2107 - 77 -

participate in the National School Lunch and School Breakfast

Programs for the difference between the reimbursement rate

for a free lunch and a reduced price lunch and the difference

between the reimbursement rate for a free breakfast and a

reduced price breakfast or paid breakfast.

(24) Money appropriated for job training and education

programs shall be used for grants for job training and

educational programs.

(25) Money appropriated for mobile science and

mathematics education programs shall be used for grants to

support mobile science and mathematics education programs.

Section 1724 -F.3 . Department of Environmental Protection

(Reserved).

Section 1725 -F.3 . 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 1726 -F.3 . Department of Health.

The following apply to appropriations for the Department of

Health:

(1) From money appropriated for general government

operations, sufficient money is included for the coordination

of donated dental services.

(2) (Reserved).

(3) From money appropriated for primary health care

practitioner, the following apply:

(i) No less than $3,451,000 shall be used for

Primary Care Loan Repayment Grant Awards.

(ii) No less than $1,500,000 shall be used for the

20230HB1300PN2107 - 78 -

Pennsylvania Academy of Family Physicians Family Medicine

Residency Expansion Program.

(iii) No less than $1,300,000 shall be used for the

Pennsylvania Academy of Family Physicians Family Medicine

Residency Community Health Impact Grant Program.

(iv) Grantees other than as provided under

subparagraphs (i), (ii) and (iii) that received amounts

in the 2022-2023 fiscal year shall receive the amount

each grantee received in the 2022-2023 fiscal year.

(4) Money appropriated for services for children with

special needs shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(5) From money appropriated for adult cystic fibrosis

and other chronic respiratory illnesses, the following apply:

(i) No less than $212,000 shall be used for a

program promoting cystic fibrosis research in a county of

the second class.

(ii) No less than $106,000 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.

(iii) Any money not used under subparagraph (i) or

(ii) shall be distributed to grantees in the same

proportion as distributed in fiscal year 2019-2020.

(6) Money 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.

(7) Money appropriated for hemophilia services shall be

distributed to grantees in the same proportion as distributed

20230HB1300PN2107 - 79 -

in fiscal year 2019-2020.

(8) Money appropriated for lupus programs shall be

distributed proportionately to each entity that received

funding in fiscal year 2018-2019.

(9) From money appropriated for sickle cell anemia

services, including camps for children with sickle cell

anemia, the following shall apply:

(i) Grantees which received amounts in fiscal year

2019-2020 shall receive an amount which is in the same

proportion as distributed in fiscal year 2019-2020.

(ii) $75,000 shall be distributed to a qualifying

academic medical center located in a county of the third

class with a population between 280,000 and 300,000 under

the most recent Federal decennial census for expanded

care of adult sickle cell disease.

(10) Money appropriated for Lyme disease includes

$2,000,000 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.

(11) 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, for genetic and molecular research for disease

identification and eradication, for vaccine immune response

diagnostics, for nanotechnology and for the commercialization

of applied research.

Section 1727 -F.3 . Insurance Department (Reserved).

Section 1728 -F.3 . Department of Labor and Industry.

20230HB1300PN2107 - 80 -

The following apply to appropriations to the Department of

Labor and Industry:

(1) From money appropriated for Industry Partnerships,

no less than the amount allocated in the 2014-2015 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.

(2) From money appropriated to the Department of Labor

and Industry, the Department of Labor and Industry shall pay

one-third of the cost for the Commission on Education and

Economic Competitiveness to implement a contract for a

nonprofit entity that has experience in the creation of long-

term education planning efforts as required under section

123.1(g) of the act of March 10, 1949 (P.L.30. No.14), known

as the Public School Code of 1949. A procurement under this

paragraph shall not be subject to the requirements of 62

Pa.C.S. (relating to procurement). The Department of Labor

and Industry shall collaborate with any other State agency as

necessary to implement a procurement under this paragraph.

Section 1729 -F.3 . Department of Military and Veterans Affairs

(Reserved).

Section 1730 -F.3 . 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, $580,000 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,

20230HB1300PN2107 - 81 -

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) Notwithstanding any other provision of law, from the

money appropriated for mental health services, $20,000,000

shall be used for county mental health services in addition

to the county funding provided under the act of October 20,

1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health

and Intellectual Disability Act of 1966, and the Human

Services Block Grant Program under Article XIV-B of the Human

Services Code. The following apply:

(i) Money shall be distributed to each county and

county local collaborative arrangement on a pro rata

basis based upon fiscal year 2022-2023 mental health

community base funded services allocations.

(ii) County mental health services shall be provided

and reported in accordance with the reporting and

monitoring requirements of the Department of Human

Services.

(iii) Money received under this paragraph may not be

included in the calculation of the allocation of funds

under the Human Services Block Grant Program.

20230HB1300PN2107 - 82 -

(3) Subject to the availability of Federal money and

eligibility under Federal TANFBG rules, grantees who operated

within the PA WorkWear program in the prior fiscal year and

who remain in operation shall be offered a grant for the

fiscal year to continue service delivery under substantially

similar terms as previous PA WorkWear grants unless both

parties agree to alternate terms. Nothing in this paragraph

shall prohibit the Department of Human Services from offering

a grant to a prospective PA WorkWear provider to replace a

prior grantee who chooses not to continue to operate in the

program.

(4) From money appropriated for medical assistance

capitation:

(i) No less than the amount used in the 2014-2015

fiscal year shall be used for prevention and treatment of

depression and its complications in older Pennsylvanians

in a county of the second class.

(ii) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(5) The following shall apply to amounts appropriated

for medical assistance fee-for-service:

(i) Payments to hospitals for Community Access Fund

grants shall be distributed under the formulas utilized

20230HB1300PN2107 - 83 -

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 SelectPlan 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) No less than $330,000 shall be used for cleft

palates and other craniofacial anomalies.

(v) No less than $800,000 shall be distributed to a

hospital for clinical ophthalmologic services located in

a city of the first class.

(vi) (Reserved).

(vii) No less than $5,000,000 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,

provided that services and specialties available on the

effective date of this paragraph must remain available

until July 1, 2024, and compliance with any other

20230HB1300PN2107 - 84 -

requirements imposed by the Department of Human Services.

The Department of Human Services may recoup funds from

any hospital failing to meet the conditions under this

paragraph.

(viii) No less than $2,000,000 shall be distributed

to a university located in a city of the first class to

research the impact of trauma-informed programs on

community violence prevention and health disparities.

(ix) No less than $3,000,000 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 health and medical

rehabilitation pediatric outpatient services.

(x) No less than $1,250,000 shall be distributed to

an acute care hospital in a city of the third class with

a population between 14,000 and 15,000 according to the

most recent Federal decennial census in a county of the

third class with a population between 350,000 and 370,000

according to the most recent Federal decennial census.

(xi) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(6) To supplement the money appropriated to the

department for medical assistance for workers with

20230HB1300PN2107 - 85 -

disabilities, in addition to the monthly premium under

section 1503(b)(1) of the act of June 26, 2001 (P.L.755,

No.77), known as the Tobacco Settlement Act, the department

may adjust the percentage of the premium upon approval of the

Centers for Medicare and Medicaid Services as authorized

under Federal requirements. Failure to make payments in

accordance with this paragraph or section 1503(b)(1) of the

Tobacco Settlement Act shall result in the termination of

medical assistance coverage.

(7) Qualifying physician practice plans that received

money for fiscal year 2017-2018 shall not receive less than

the State appropriation made available to those physician

practice plans during fiscal year 2017-2018.

(8) Federal or State money appropriated under the

General Appropriation Act of 2023 in accordance with 35

Pa.C.S. § 8107.3 (relating to funding) not used to make

payments to hospitals qualifying as Level III trauma centers

or seeking accreditation as Level III trauma centers shall be

used to make payments to hospitals qualifying as Levels I and

II trauma centers.

(9) Qualifying academic medical centers that received

money for fiscal year 2017-2018 shall receive the same amount

from the State appropriation made available to those academic

medical centers during fiscal year 2017-2018.

(10) Money appropriated for medical assistance

transportation shall only be utilized as a payment of last

resort for transportation for eligible medical assistance

recipients.

(11) (Reserved).

(12) From money appropriated for medical assistance

20230HB1300PN2107 - 86 -

long-term living:

(i) No less than the amount distributed in the 2014-

2015 fiscal year shall be distributed to a county nursing

home located in a home rule county that was formerly a

county of the second class A with more than 725 beds and

a Medicaid acuity at 0.79 as of August 1, 2015.

(ii) No less than the amount used in the 2020-2021

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 1.06 as of August

1, 2022, to ensure access to necessary nursing care in

that county.

(iii) $5,000,000 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 1.11 as of

August 1, 2022, to ensure access to necessary nursing

home care in that county.

(iv) An additional $500,000 shall be paid in equal

payments to nursing facilities which remain open as of

the effective date of this section that qualified for

supplemental ventilator care and tracheostomy care

payments in fiscal year 2014-2015 with a percentage of

medical assistance recipient residents who required

medically necessary ventilator care or tracheostomy care

greater than 90%.

(v) Subject to Federal approval of necessary

amendments of the Title XIX State Plan, $16,000,000 is

allocated for medical assistance day-one incentive

payments to qualified nonpublic nursing facilities under

methodology and criteria under section 443.1(7)(vi) of

20230HB1300PN2107 - 87 -

the Human Services Code. The Department of Human Services

shall determine a nonpublic nursing facility's overall

and medical assistance occupancy rate to qualify for a

medical assistance day-one incentive payment for the

fiscal year based on a nursing facility's resident day

quarter ending December 31, 2019, for the first of two

payments and a nursing facility's resident day quarter

ending March 31, 2020, for the second of two payments.

(vi) For fiscal year 2023-2024, the Department of

Human Services shall calculate each nursing facility's

case-mix rate based on the cost database and peer group

prices for each net operating cost center used in the

calculation of each nursing facility's case-mix for

fiscal year 2022-2023. Each nursing facility's case-mix

rate shall be adjusted quarterly in accordance with 55

Pa. Code § 1187.96(a)(5) (relating to price- and rate-

setting computations).

(13) From money appropriated for Medical Assistance

Community HealthChoices:

(i) (Reserved).

(ii) Subject to Federal approval as may be necessary

and contingent on Federal financial participation,

sufficient funds are included to provide reimbursement

for ground mileage for every loaded mile and to provide

the greater of Medicare rates published in the Ambulance

Fee Schedule Public Use File for calendar year 2023 or

the current Medicaid Ambulance Fees as updated by Medical

Assistance Bulletin 26-22-07 effective date January 1,

2023, beginning on January 1, 2024.

(iii) For fiscal year 2023-2024, the Department of

20230HB1300PN2107 - 88 -

Human Services shall calculate each nursing facility's

case-mix rate based on the cost database and peer group

prices for each net operating cost center used in the

calculation of each nursing facility's case-mix for

fiscal year 2022-2023. Each nursing facility's case-mix

rate shall be adjusted quarterly in accordance with 55

Pa. Code § 1187.96(a)(5).

(14) From money appropriated for autism intervention and

services:

(i) $600,000 shall be allocated to a behavioral

health facility located in a county of the fifth class

with a population between 140,000 and 145,000 under the

most recent Federal decennial census and shall be

distributed to a health system that operates both a

general acute care hospital and a behavioral health

facility that has a center for autism and developmental

disabilities located in a county of the fifth class with

a population between 140,000 and 145,000 under the most

recent Federal decennial census;

(ii) $300,000 shall be allocated to an institution

of higher education that provides autism education and

diagnostic curriculum located in a city of the first

class that operates a center for autism in a county of

the second class A;

(iii) $300,000 shall be allocated to an institution

of higher education that provides autism education and

diagnostic curriculum and is located in a county of the

second class;

(iv) no less than the amount distributed in the

2014-2015 fiscal year shall be allocated for programs to

20230HB1300PN2107 - 89 -

promote the health and fitness of persons with

developmental disabilities located in a city of the first

class; and

(v) $600,000 shall be allocated for an entity that

provides alternative educational services to individuals

with autism and developmental disabilities in the county

which was most recently designated as a county of the

second class A.

(15) (Reserved).

(16) From money appropriated for child-care services, no

less than $25,000,000 shall be allocated to apply an income

limit for subsidized child care during redetermination of

eligibility to no more than 300% of the Federal poverty

income guidelines or 85% of the State median income,

whichever is lower. Notwithstanding any other provision of

law, the department shall determine copayment amounts for

family incomes above 235% of the Federal poverty income

guidelines in order to support economic self-sufficiency. The

department shall transmit notice of the copayment schedule to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

(17) (Reserved).

(18) Money appropriated for breast cancer screening may

be used for women's medical services, including noninvasive

contraception supplies.

(19) From the appropriation for 2-1-1 Communications,

$750,000 shall be allocated for a Statewide 2-1-1 System

Grant Program.

(20) The appropriation for services for the visually

impaired includes the following:

20230HB1300PN2107 - 90 -

(i) an allocation of $4,084,000 for a Statewide

professional services provider association for the blind

to provide training and supportive services for

individuals who are blind and preschool vision screenings

and eye safety education; and

(ii) an allocation of $618,000 to provide

specialized services and prevention of blindness services

in cities of the first class.

(21) The provisions of 8 U.S.C. §§ 1611 (relating to

aliens who are not qualified aliens ineligible for Federal

public benefits), 1612 (relating to limited eligibility of

qualified aliens for certain Federal programs) and 1642

(relating to verification of eligibility for Federal public

benefits) shall apply to payments and providers.

(22) (Reserved).

(23) The Department of Human Services shall not add non-

medically necessary services to the Medical Assistance

Program that would result in the need for a supplemental

appropriation without the approval of the General Assembly.

Each proposed service shall be outlined in the Governor's

Executive Budget or subsequent updates provided in writing to

the General Assembly.

(24) No later than six months after the enactment of the

General Appropriation Act of 2023, the Department of Human

Services shall complete a report analyzing the wages for

direct care workers providing services to the Department of

Human Services. The following shall apply:

(i) The report shall include all of the following:

(A) The average wages paid to direct care staff

by each program office.

20230HB1300PN2107 - 91 -

(B) Whether wages are attributed to staffing

shortages and resulted in waiting lists.

(ii) The Department of Human Services shall submit

the report to the chairperson and minority chairperson of

the Appropriations Committee of the Senate, the

chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives,

the chairperson and minority chairperson of the Health

and Human Services Committee of the Senate and the

chairperson and minority chairperson of the Human

Services Committee of the House of Representatives.

Section 1731 -F.3 . Department of Revenue (Reserved).

Section 1732-F.3. Department of State (Reserved).

Section 1733-F.3. Department of Transportation (Reserved).

Section 1734-F.3. Pennsylvania State Police (Reserved).

Section 1735-F.3. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the

Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs

shall be used to support programs related to training working

service dogs focusing on rescue and public safety.

(2) Money appropriated for the State Fire Commissioner

includes funding for a Statewide recruitment and retention

coordinator and regional technical advisors to develop,

implement and deliver recruitment and retention training

programs and provide technical assistance to local fire

organizations and local governments.

(3) Money appropriated for State disaster assistance

shall be used to provide individual disaster recovery

assistance to assist in the recovery from emergencies and

20230HB1300PN2107 - 92 -

non-Federally declared disasters. Amounts under this

paragraph may be used for critical needs assistance and to

repair damage to residential properties not compensated by

insurance or any other funding sources. The Pennsylvania

Emergency Management Agency shall develop guidelines to

implement this paragraph and submit the guidelines to the

Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

Section 1736-F.3. State-related universities (Reserved).

Section 1737-F.3. State System of Higher Education.

The following shall apply to appropriations for the State

System of Higher Education :

(1) It shall be a condition of receipt of money

appropriated by the Commonwealth that, for the 2023-2024 and

2024-2025 academic years, the tuition level charged by an

institution to students who are residents of this

Commonwealth shall remain the same as the amount charged to

residents of this Commonwealth during the 2022-2023 academic

year. The difference between the tuition level charged for

residents and nonresidents may be waived for nonresident

students from states contiguous to this Commonwealth at the

discretion of an institution president.

(2) (Reserved).

Section 1738-F.3. Pennsylvania Higher Education Assistance

Agency.

The following shall apply to appropriations for the

Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency

shall allocate $500,000 from the Higher Education Assistance

Fund for the Cheyney University Keystone Academy.

20230HB1300PN2107 - 93 -

(2) From money appropriated for payment of education

assistance grants, the amount of $1,000,000 shall be

allocated to a State-owned university located in Tioga County

for merit scholarships.

(3) From money appropriated for Pennsylvania Internship

Program grants, funds may be used for internship and seminar

programs.

Section 1739-F.3. Thaddeus Stevens College of Technology.

The following shall apply to appropriations for the Thaddeus

Stevens College of Technology:

(1) From funds appropriated for Thaddeus Stevens College

of Technology, the President of the college shall cause to be

prepared and submitted to the Secretary of Education, the

President pro tempore of the Senate, the Speaker of the House

of Representatives, the Majority Leader and the Minority

Leader of the Senate, the Majority Leader and the Minority

Leader of the House of Representatives, the chairperson and

minority chairperson of the Education Committee of the Senate

and the chairperson and minority chairperson of the Education

Committee of the House of Representatives a comprehensive

report outlining the use of funds appropriated, to

specifically include the strategies and use of funds to

expand student enrollment.

(2) (Reserved).

Section 1740-F.3. Pennsylvania Historical and Museum Commission

(Reserved).

Section 1741-F.3. Environmental Hearing Board (Reserved).

Section 1742-F.3. Health Care Cost Containment Council

(Reserved).

Section 1743-F.3. State Ethics Commission (Reserved).

20230HB1300PN2107 - 94 -

Section 1744-F.3. Commonwealth Financing Authority (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1751-F.3. Legislative Reference Bureau (Reserved).

Section 1752-F.3. Legislative Budget and Finance Committee

(Reserved).

Section 1753-F.3. Legislative Data Processing Committee

(Reserved).

Section 1754-F.3. Joint State Government Commission (Reserved).

Section 1755-F.3. Local Government Commission (Reserved).

Section 1756-F.3. Legislative Audit Advisory Commission

(Reserved).

Section 1757-F.3. Independent Regulatory Review Commission

(Reserved).

Section 1758-F.3. Capitol Preservation Committee (Reserved).

Section 1759-F.3. Pennsylvania Commission on Sentencing

(Reserved).

Section 1760-F.3. Center for Rural Pennsylvania (Reserved).

Section 1761-F.3. Commonwealth Mail Processing Center

(Reserved).

Section 1762-F.3. Legislative Reapportionment Commission

(Reserved).

Section 1763-F.3. Independent Fiscal Office (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1771-F.3. Supreme Court (Reserved).

Section 1772-F.3. Superior Court (Reserved).

Section 1773-F.3. Commonwealth Court (Reserved).

Section 1774-F.3. Courts of common pleas (Reserved).

Section 1775-F.3. Community courts; magisterial district judges

20230HB1300PN2107 - 95 -

(Reserved).

Section 1776-F.3. Philadelphia Municipal Court (Reserved).

Section 1777-F.3. Judicial Conduct Board (Reserved).

Section 1778-F.3. Court of Judicial Discipline (Reserved).

Section 1779-F.3. Juror cost reimbursement (Reserved).

Section 1780-F.3. County court reimbursement (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-F.4

2023-2024 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-F.4. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023 and all other

appropriation acts of 2023.

Section 1702-F.4. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1703-F.4. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE may not be utilized

for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1704-F.4. Tobacco Settlement Fund (Reserved).

Section 1705-F.4. Judicial Computer System Augmentation Account

20230HB1300PN2107 - 96 -

(Reserved).

Section 1706-F.4. Emergency Medical Services Operating Fund

(Reserved).

Section 1707-F.4. The State Stores Fund (Reserved).

Section 1708-F.4. Motor License Fund (Reserved).

Section 1709-F.4. Aviation Restricted Account (Reserved).

Section 1710-F.4. Hazardous Material Response Fund (Reserved).

Section 1711-F.4. Milk Marketing Fund (Reserved).

Section 1712-F.4. HOME Investment Trust Fund (Reserved).

Section 1713-F.4. Tuition Account Guaranteed Savings Program

Fund (Reserved).

Section 1714-F.4. Banking Fund (Reserved).

Section 1715 -F.4 . Firearm Records Check Fund (Reserved).

Section 1716 -F.4 . Ben Franklin Technology Development Authority

Fund (Reserved).

Section 1717 -F.4 . Oil and Gas Lease Fund (Reserved).

Section 1718 -F.4 . Home Improvement Account (Reserved).

Section 1719 -F.4 . Cigarette Fire Safety and Firefighter

Protection Act Enforcement Fund (Reserved).

Section 1720 -F.4 . Insurance Regulation and Oversight Fund

(Reserved).

Section 1721 -F.4 . Pennsylvania Race Horse Development

Restricted Receipts Account (Reserved).

Section 1722 -F.4 . Justice Reinvestment Fund (Reserved).

Section 1723 -F.4 . Multimodal Transportation Fund (Reserved).

Section 1724 -F.4 . State Racing Fund (Reserved).

Section 1725 -F.4 . ABLE Savings Program Fund (Reserved).

Section 1726 -F.4 . Tourism Promotion Fund (Reserved).

Section 1727-F.4. Enhanced Revenue Collection Account

(Reserved).

20230HB1300PN2107 - 97 -

Section 1728 -F.4 . (Reserved).

Section 1729 -F.4 . Opioid Settlement Restricted Account

(Reserved).

Section 1730 -F.4 . COVID-19 Response Restricted Account

(Reserved).

Section 1731 -F.4 . Pennsylvania Preferred ® Trademark Licensing

Fund.

Notwithstanding 3 Pa.C.S. § 4616 (relating to Pennsylvania

Preferred® Trademark Licensing Fund), the Department of

Agriculture may use money deposited into the Pennsylvania

Preferred® Trademark Licensing Fund to promote one or more of

the funding objectives under 3 Pa.C.S. § 4616(c) through the

awarding of grants.

Section 1732 -F.4 . Agricultural Conservation Easement Purchase

Fund.

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 p roviding 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 section.

Section 1733 -F.4 . Restricted receipt accounts.

20230HB1300PN2107 - 98 -

(a) Authority.--The Secretary of the Budget may create

restricted receipt accounts for the purpose of administering

Federal grants only for the purposes designated in this section.

(b) Department of Community and Economic Development.--The

following restricted receipt accounts may be established for the

Department of Community and Economic Development:

(1) ARC Housing Revolving Loan Program.

(2) Brownfields Revolving Loan Fund.

following restricted receipt accounts may be established for the

Department of Conservation and Natural Resources:

(1) Federal Aid to volunteer fire companies.

(2) Land and Water Conservation Fund Act of 1965 (Public

Law 88-578, 16 U.S.C. § 460l-4 et seq.).

(3) National Forest Reserve Allotment.

(d) Department of Education.--The following restricted

receipt accounts may be established for the Department of

Education:

(1) Education of the Disabled - Part C.

(2) LSTA - Library Grants.

(3) The Pennsylvania State University Federal Aid.

(4) Emergency Immigration Education Assistance.

(5) Education of the Disabled - Part D.

(6) Homeless Adult Assistance Program.

(7) Severely Handicapped.

(8) Medical Assistance Reimbursements to Local Education

Agencies.

(e) Department of Environmental Protection.--The following

restricted receipt accounts may be established for the

Department of Environmental Protection:

20230HB1300PN2107 - 99 -

(1) Federal Water Resources Planning Act.

(2) Flood Control Payments.

(3) Soil and Water Conservation Act - Inventory of

Programs.

(f) Department of Drug and Alcohol Programs.--The following

restricted receipt accounts may be established for the

Department of Drug and Alcohol Programs:

(1) Share Loan Program.

(2) (Reserved).

(g) Department of Transportation.--The following restricted

receipt accounts may be established for the Department of

Transportation:

(1) Capital Assistance Elderly and Handicapped Programs.

(2) Railroad Rehabilitation and Improvement Assistance.

(3) Ridesharing/Van Pool Program - Acquisition.

(h) Pennsylvania Emergency Management Agency.--The following

restricted receipt accounts may be established for the

Pennsylvania Emergency Management Agency:

(1) Receipts from Federal Government - Disaster Relief -

Disaster Relief Assistance to State and Political

Subdivisions.

(2) (Reserved).

(i) Pennsylvania Historical and Museum Commission.--The

following restricted receipt accounts may be established for the

Pennsylvania Historical and Museum Commission:

(1) Federal Grant - National Historic Preservation Act.

(2) (Reserved).

(j) Executive offices.--The following restricted receipt

accounts may be established for the executive offices:

(1) Retired Employees Medicare Part D.

20230HB1300PN2107 - 100 -

(2) Justice Assistance.

(3) Juvenile Accountability Incentive.

(4) Early Retiree Reinsurance Program.

Section 1734 -F.4 . Fund transfers.

(a) Transfer to Environmental Stewardship Fund.--From money

received under the authority of Article III of the act of March

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the

sum of $10,538,000 shall be transferred to the Environmental

Stewardship Fund.

(b) Applicability.--Section 1795.2-E shall not apply to

fiscal year 2023-2024.

the Medical Marijuana Program Fund, $31,900,000 shall be

transferred to the General Fund.

(d) Transfer to Surface Mining Conservation and Reclamation

Fund.--From money received under the authority of Article III of

the Tax Reform Code of 1971, the sum of $4,000,000 shall be

transferred to the Surface Mining Conservation and Reclamation

Fund.

ARTICLE XVII-F.5

2023-2024 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-F.5. Applicability.

Except as specifically provided in this article, this article

applies to the General Appropriation Act of 2023.

Section 1702-F.5. 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 2023." The act of August 3,

20230HB1300PN2107 - 101 -

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1734-F.5. Fund transfers.

(a) Transfer within Higher Education Assistance Fund.--The

sum of $8,551,000 shall be transferred from the SciTech and GI

Bill Restricted Revenue Account in the Higher Education

Assistance Fund to the State Grants Restricted Revenue Account

in the Higher Education Assistance Fund.

(b) (Reserved).

Section 1735-F.5. (Reserved).

ARTICLE XVII-F.6

PRIOR YEAR APPROPRIATIONS

Section 1701-F.6. 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 2023." The act of August 3,

2023 (P.L. , No.1A), known as the General Appropriation Act of

2023.

Section 1702-F.6. (Reserved).

Section 1703-F.6. Construction with prior year appropriation

acts.

An appropriation in Part LI of the General Appropriation Act

of 2023 which is the same or similar to an appropriation in the

act of July 8, 2022 (P.L.2191, No.1A), known as the General

Appropriation Act of 2022, shall replace that appropriation.

Money which has been appropriated and expended under the General

Appropriation Act of 2022 shall be deducted from the

corresponding appropriation in Part LI of the General

Appropriation Act of 2023.

20230HB1300PN2107 - 102 -

Section 21. Repeals are as follows:

(1) (Reserved).

(2) (Reserved).

(3) The General Assembly declares that the repeal under

paragraph (4) is necessary to effectuate the addition of

section 1607-T of the act.

(4) The provisions of 23 Pa.C.S. § 4351 are repealed.

(5) The General Assembly declares that the repeal under

paragraph (6) is necessary to effectuate the addition of

Article XVI-U of the act.

(6) Article VIII-G of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code, is repealed.

(6.1) The General Assembly finds that the repeal under

paragraph (6.2) is necessary to effectuate the addition of

Article XVI-W of the act.

(6.2) The act of November 24, 2015 (P.L.232, No.64),

known as the Pennsylvania Long-Term Care Council Act, is

repealed.

(7) The General Assembly finds that the repeal under

paragraph (8) is necessary to effectuate the addition of

section 1722-E(h) of the act.

(8) Section 1403-A(c)(1), (d) and (e) of the Public

School Code of 1949 are repealed.

(9) The General Assembly finds that the repeal under

paragraph (10) is necessary to effectuate the addition of

section 1723-F.3(8) of the act.

(10) Section 123(k)(2) of the Public School Code of 1949

is repealed to the extent of any inconsistency with section

1723-F.3(8) of the act.

(11) (Reserved).

20230HB1300PN2107 - 103 -

(12) (Reserved).

(13) The General Assembly finds that the repeal under

paragraph (14) is necessary to effectuate the addition of

section 1723-F.3(20) of the act.

(14) Section 2608-J of the Public School Code of 1949 is

repealed.

Section 21.1. The addition of Article XVI-U of the act shall

apply retroactively to July 1, 2023.

Section 22. Continuation is as follows:

(1) The addition of Article XVI-U of the act is a

continuation of Article VIII-G of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services Code. Except as

otherwise provided in the addition of Article XVI-U of the

act, all activities initiated under the Article VIII-G of the

Human Services Code shall continue and remain in full force

and effect and may be completed under the addition of Article

XVI-U of the act. Orders, regulations, rules and decisions

which were made under the Article VIII-G of the Human

Services Code and which are in effect on the effective date

of section 21(6) of this act shall remain in full force and

effect until revoked, vacated or modified under the addition

of Article XVI-U of the act. Contracts, obligations and

collective bargaining agreements entered into under Article

VIII-G of the Human Services Code are not affected nor

impaired by the repeal of the Article VIII-G of the Human

Services Code.

(2) The addition of Article XVI-W of the act is a

continuation of the act of November 24, 2015 (P.L.232,

No.64), known as the Pennsylvania Long-Term Care Council Act.

Except as otherwise provided in Article XVI-W of the act, all

20230HB1300PN2107 - 104 -

activities initiated under the Pennsylvania Long-Term Care

Council Act shall continue and remain in full force and

effect and may be completed under Article XVI-W of the act.

Orders, regulations, rules and decisions which were made

under the Pennsylvania Long-Term Care Council Act and which

are in effect on the effective date of section 21(6.2) of

this act shall remain in full force and effect until revoked,

vacated or modified under Article XVI-W of the act.

Contracts, obligations and collective bargaining agreements

entered into under the Pennsylvania Long-Term Care Council

Act are not affected nor impaired by the repeal of the

Pennsylvania Long-Term Care Council Act.

(3) Except as specified in paragraph (4), any difference

in language between Article XVI-W of the act and the

Pennsylvania Long-Term Care Council Act is intended only to

conform to the style of the Pennsylvania Consolidated

Statutes and is not intended to change or affect the

legislative intent, judicial construction or administration

and implementation of the Pennsylvania Long-Term Care Council

Act.

(4) Paragraph (3) does not apply to the addition of

section 1602-W(b)(10)(xii) of the act.

Section 23. This act shall take effect immediately.

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

20230HB1300PN2107 - 105 -

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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

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)

20230HB1300PN2107 - 106 -

[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

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

20230HB1300PN2107 - 107 -

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.

(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:

20230HB1300PN2107 - 108 -

(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,

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.

20230HB1300PN2107 - 109 -

(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

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

20230HB1300PN2107 - 110 -

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

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

20230HB1300PN2107 - 111 -

THREE OVERARCHING CATEGORIES:

(I) INCREASING WORKFORCE DEVELOPMENT PROGRAMS AND

INCENTIVES.

(II) EXPANDING CRIMINAL JUSTICE AND PUBLIC SAFETY

PROGRAMS.

(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.

20230HB1300PN2107 - 112 -

(B) COUNTY MENTAL HEALTH ADMINISTRATIONS.

(D) INSTITUTIONS OF HIGHER EDUCATION, INCLUDING

COMMUNITY COLLEGES.

(E) TRAINING PROVIDERS.

(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

20230HB1300PN2107 - 113 -

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

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.

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(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

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

20230HB1300PN2107 - 115 -

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

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.

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(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

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

20230HB1300PN2107 - 117 -

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

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

20230HB1300PN2107 - 118 -

PROVIDERS.

(E) HOUSING AUTHORITIES.

(F) LAW ENFORCEMENT AGENCIES.

(II) GRANT MONEY MAY BE USED TO:

(A) PROVIDE COMPREHENSIVE EVIDENCE-BASED MENTAL

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

20230HB1300PN2107 - 119 -

MODELS.

(B) TRAINING FOR FIRST RESPONDERS OR LAW

ENFORCEMENT CRISIS AND DEESCALATION.

TRANSFER PROGRAMS.

(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.

20230HB1300PN2107 - 120 -

(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:

(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

20230HB1300PN2107 - 121 -

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

SUPPORTS.--THE SUM OF $34,500,000 IS TO BE USED TO ENSURE THE

STABILITY AND EXPANSION OF MENTAL HEALTH SERVICES AND SUPPORTS

AS FOLLOWS:

(1) THE SUM OF $18,000,000 TO THE DEPARTMENT OF HUMAN

SERVICES TO AWARD COMPETITIVE GRANTS TO COUNTY-PROVIDER

PARTNERSHIPS THAT SUPPORT SUICIDE PREVENTION AND THE CRISIS

CONTINUUM OF CARE THROUGH INVESTMENTS IN MOBILE CRISIS TEAMS,

MEDICAL MOBILE CRISIS TEAMS, CRISIS WALK-IN CENTERS AND

CRISIS STABILIZATION UNITS. THE FOLLOWING APPLY:

(I) ELIGIBLE APPLICANTS INCLUDE:

(A) COUNTY MENTAL HEALTH ADMINISTRATORS.

(B) HOSPITALS OR HEALTH SYSTEMS.

(D) LAW ENFORCEMENT AGENCIES.

(E) BEHAVIORAL HEALTH PROVIDERS.

(F) PEER SUPPORT SPECIALISTS OR OTHER PEER-LED

OR PEER-RUN ORGANIZATIONS.

(II) GRANT MONEY MAY BE USED FOR:

(A) ONE-TIME PAYMENTS FOR CAPITAL PROJECTS TO

ESTABLISH, MODIFY OR IMPROVE FACILITIES TO PROVIDE

CRISIS OR MENTAL HEALTH TREATMENT SUPPORTS AND

SERVICES, INCLUDING, BUT NOT LIMITED TO, CRISIS WALK-

IN CENTERS OR CRISIS STABILIZATION UNITS.

(B) INNOVATIVE INPATIENT/OUTPATIENT MODELS.

20230HB1300PN2107 - 122 -

(D) MOBILE CRISIS TEAMS.

(E) COMMUNITY OUTREACH AND EDUCATION PROGRAMS.

(III) THE DEPARTMENT OF HUMAN SERVICES 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 BETWEEN COUNTIES, INCLUDING

ELIGIBLE APPLICANTS SPECIFIED UNDER SUBPARAGRAPH (I) WITH

ADDITIONAL COMMUNITY PARTNERSHIPS WHICH MAY INCLUDE, BUT

NOT BE LIMITED TO, OTHER SYSTEM PARTNERS AND PROVIDERS,

AREA AGENCIES ON AGING, CHILDREN AND YOUTH SERVICES,

SUBSTANCE USE TREATMENT PROVIDERS, AUTISM AND

INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SERVICE

PROVIDERS, EXISTING PROVIDERS OF CRISIS SERVICES,

INCLUDING FAMILY AND PEER ADVOCATES, VICTIM SERVICES,

FIRST RESPONDERS OR CRIMINAL AND JUVENILE JUSTICE SYSTEM

LEADERSHIP.

(IV) AS USED IN THIS PARAGRAPH, THE TERM "CAPITAL

PROJECT" MEANS THE CONSTRUCTION, REPAIR, RENOVATION,

IMPROVEMENT, EQUIPPING, FURNISHING OR ACQUISITION OF A

BUILDING, STRUCTURE, FACILITY, INFRASTRUCTURE OR PHYSICAL

PUBLIC BETTERMENT OR IMPROVEMENT.

(2) THE SUM OF $10,000,000 TO THE DEPARTMENT OF HUMAN

SERVICES FOR A THIRD-PARTY CONTRACTOR TO AWARD GRANTS TO

SUPPORT PRIMARY CARE PRACTITIONERS AND PRIMARY CARE PRACTICES

IN ESTABLISHING OR EXPANDING THE USE OF THE COLLABORATIVE

CARE MODEL. A THIRD-PARTY CONTRACTOR SELECTED MAY TAKE AN

ADMINISTRATIVE FEE OF NO MORE THAN 2% FOR DIRECT COSTS

ASSOCIATED WITH THE IMPLEMENTATION, ADMINISTRATION AND

SERVICING OF THE GRANTS UNDER THIS PARAGRAPH. THE FOLLOWING

20230HB1300PN2107 - 123 -

APPLY:

(I) GRANTS UNDER THIS PARAGRAPH SHALL BE AWARDED TO

PRIMARY CARE PRACTITIONERS AND PRIMARY CARE PRACTICES TO

ESTABLISH AND EXPAND THE USE OF THE COLLABORATIVE CARE

MODEL AND TO ENTITIES TO PROVIDE TECHNICAL ASSISTANCE TO

PRIMARY CARE PRACTITIONERS AND PRIMARY CARE PRACTICES ON

PROVIDING BEHAVIORAL HEALTH INTEGRATION SERVICES THROUGH

THE COLLABORATIVE CARE MODEL OR PRIMARY CARE BEHAVIORAL

HEALTH MODEL.

(II) PRIMARY CARE PRACTITIONERS AND PRIMARY CARE

PRACTICES MAY COLLABORATE WITH A LARGER HEALTH SYSTEM FOR

THE PURPOSES OF APPLYING FOR AND IMPLEMENTING GRANTS

UNDER THIS PARAGRAPH.

(III) A PRIMARY CARE PRACTITIONER OR PRIMARY CARE

PRACTICE THAT RECEIVES A GRANT UNDER THIS PARAGRAPH MAY

USE MONEY RECEIVED UNDER THIS PARAGRAPH FOR SUCH PURPOSES

AS ESTABLISHING AND DELIVERING BEHAVIORAL HEALTH

INTEGRATION SERVICES THROUGH THE COLLABORATIVE CARE MODEL

OR PRIMARY CARE BEHAVIORAL HEALTH MODEL AND UTILIZING

TELEMEDICINE TO DELIVER BEHAVIORAL HEALTH INTEGRATION

SERVICES.

(IV) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM

"COLLABORATIVE CARE MODEL" MEANS AN EVIDENCE-BASED,

INTEGRATED BEHAVIORAL HEALTH SERVICE DELIVERY METHOD.

(3) THE SUM OF $3,500,000 TO THE DEPARTMENT OF DRUG AND

ALCOHOL PROGRAMS TO AWARD GRANTS TO ELIGIBLE APPLICANTS TO

DEVELOP AND IMPLEMENT PEER-LED MENTAL HEALTH AND SUBSTANCE

USE DISORDER SERVICES OR DEVELOP RECRUITMENT AND RETENTION

PROGRAMS, INCLUDING TRAINING, FOR THE MENTAL HEALTH AND

SUBSTANCE ABUSE PEER WORKFORCE. THE FOLLOWING APPLY:

20230HB1300PN2107 - 124 -

(I) ELIGIBLE APPLICANTS INCLUDE:

(A) PEER-RUN ORGANIZATIONS.

(B) CRISIS INTERVENTION SERVICE PROVIDERS.

PEER-RUN ORGANIZATIONS.

(D) COUNTY MENTAL HEALTH ADMINISTRATIONS.

(II) THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS

SHALL DEVELOP GRANT GUIDELINES, A GRANT APPLICATION AND A

PROCESS TO REVIEW APPLICATIONS.

(4) THE SUM OF $3,000,000 TO THE DEPARTMENT OF HUMAN

SERVICES TO AWARD THROUGH THE OFFICE OF MENTAL HEALTH AND

SUBSTANCE ABUSE SERVICES COMPETITIVE GRANTS TO QUALIFIED

PROVIDERS TO INVEST IN TECHNOLOGY AND TRAINING FOR BEHAVIORAL

HEALTH TELEHEALTH PROVIDERS. THE FOLLOWING APPLY:

(I) TO BE ELIGIBLE FOR FUNDING UNDER THIS PARAGRAPH,

AN ENTITY MUST BE A PROVIDER WITH A SERVICE LOCATION IN

THIS COMMONWEALTH AND SERVING CLIENTS OR PATIENTS IN THIS

COMMONWEALTH, OF WHICH NO LESS THAN 51% ARE PENNSYLVANIA

MEDICAL ASSISTANCE ENROLLED BENEFICIARIES. THE DEPARTMENT

OF HUMAN SERVICES MAY NOT RESTRICT ELIGIBLE APPLICANTS

BASED ON THE NUMBER OF EMPLOYEES ACROSS THE ENTIRE

ORGANIZATION.

(II) FUNDING SHALL BE USED TO IMPLEMENT ONE OR MORE

OF THE FOLLOWING ACTIVITIES:

(A) PURCHASING EQUIPMENT FOR PROVIDERS,

INCLUDING COMPUTERS, MONITORS, TABLETS, WEBCAMS,

MICROPHONES, MOBILE MEDICAL DEVICES FOR PROVIDERS,

TELEMEDICINE CARTS AND TELEMEDICINE KIOSKS.

(B) PURCHASING EQUIPMENT FOR SERVICE CLIENTS,

INCLUDING COMPUTERS, MONITORS, TABLETS, WEBCAMS,

20230HB1300PN2107 - 125 -

MICROPHONES AND OTHER SIMILAR EQUIPMENT.

SOFTWARE OR PLATFORMS, INCLUDING TELEMEDICINE

SOFTWARE AND ONLINE PATIENT PORTALS, INCLUDING SETUP

FEES AND TELEHEALTH SYSTEM MAINTENANCE.

(D) SUPPORT FOR INCREASED BROADBAND SPEED.

(E) PURCHASING WI-FI HOTSPOTS.

(F) PURCHASING PROVIDER TRAINING ON TELEHEALTH

BEST PRACTICES, BEYOND WHAT IS OFFERED BY THE

DEPARTMENT OF HUMAN SERVICES.

(G) TELEHEALTH TECHNICAL ASSISTANCE.

(III) THE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP

GRANT GUIDELINES, A GRANT APPLICATION AND A PROCESS TO

REVIEW APPLICATIONS.

(F) STUDY.--THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE

SHALL PERFORM THE FOLLOWING DUTIES:

(1) CONDUCT A STUDY THAT EXAMINES:

(I) THE IMPACT OF THE INITIATIVES SUPPORTED BY THE

FUNDING DISTRIBUTED UNDER THIS SECTION.

(II) THE USE OF GRANTS OR FUNDING DISTRIBUTED UNDER

THIS SECTION.

(III) ENTITIES RECEIVING MONEY UNDER THIS SECTION

ARE REQUIRED TO SUBMIT INFORMATION TO THE ADMINISTRATING

AGENCY REGARDING THE USE OF FUNDING, WHICH MAY INCLUDE

THE FOLLOWING:

(A) THE AMOUNT OF FUNDING RECEIVED.

(B) HOW MANY INDIVIDUALS ARE SERVED.

RECEIVED LOAN FORGIVENESS OR ASSISTANCE WITH

EDUCATION AND JOB TRAINING.

20230HB1300PN2107 - 126 -

(D) THE NAME AND LOCATION OF NEW PROGRAMS OR

DESCRIPTIONS OF ENHANCEMENTS MADE TO EXISTING

PROGRAMS.

(E) ANY OTHER INFORMATION DEEMED NECESSARY BY

THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE OR THE

ADMINISTRATING AGENCY, UNLESS OTHERWISE PROHIBITED BY

LAW.

(2) PREPARE A WRITTEN REPORT OF THE RESULTS OF THE STUDY

AND SUBMIT THE REPORT TO THE SENATE AND THE HOUSE OF

REPRESENTATIVES NO LATER THAN JUNE 30, 2027.

(G) 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:

"HEALTH PROFESSIONAL SHORTAGE AREA." A GEOGRAPHIC OR

POPULATION AREA IN THIS COMMONWEALTH DESIGNATED BY THE UNITED

STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES THAT INDICATES A

HEALTH CARE PROFESSIONAL SHORTAGE IN MENTAL HEALTH.

SECTION 3. (RESERVED).

SECTION 4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE I-F.1

TENANT PROTECTIONS

SECTION 101-F.1. UNLAWFUL USES OF REBATES.

(A) REBATES USED AS PART OF LEASE OR AGREEMENT PROHIBITED.--

IT SHALL BE UNLAWFUL FOR A LANDLORD AND TENANT TO ENTER INTO A

LEASE OR AGREEMENT TO ASSIGN OR PAY ANY PORTION OF ANY REBATE

PAYABLE UNDER CHAPTER 13 OF THE ACT OF JUNE 27, 2006 (1ST

SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT, TO

WHICH A TENANT MAY BE ENTITLED, TO THE LANDLORD OR TO THE

LANDLORD'S ASSIGNEE OR REPRESENTATIVE.

(B) PENALTIES.--A LANDLORD THAT VIOLATES THIS SECTION SHALL

20230HB1300PN2107 - 127 -

BE ORDERED TO FULLY REIMBURSE THE TENANT OF ANY PORTION OF A

PAYMENT THAT WAS ASSIGNED OR OTHERWISE USED AS PAYMENT BY THE

TENANT TO THE LANDLORD. ADDITIONALLY, A PENALTY OF 25% OF THE

TOTAL AMOUNT OF THE PAYMENT TO WHICH THE TENANT WAS ENTITLED

SHALL BE IMPOSED ON THE LANDLORD AND PAID TO THE DEPARTMENT OF

REVENUE. THE PENALTY SHALL BEAR INTEREST AT THE RATE OF 1.5% PER

MONTH FROM THE DATE OF IMPOSITION UNTIL PAID IN FULL TO THE

DEPARTMENT.

PROVISIONS OF THIS SECTION.

(D) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED

IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"LANDLORD." AN OWNER OF REAL PROPERTY THAT LEASES PROPERTY

TO A TENANT UNDER A LEASE AGREEMENT. THE TERM INCLUDES A PERSON

ACTING ON BEHALF OF THE OWNER IN THE OPERATION OR MANAGEMENT OF

THE REAL PROPERTY.

"TENANT." A PERSON WHO OCCUPIES A DWELLING BY REASON OF A

POSSESSORY INTEREST IN THE REAL PROPERTY ON WHICH THE DWELLING

IS LOCATED UNDER A LEASE AGREEMENT.

ARTICLE I-K

911 EMERGENCY COMMUNICATION SERVICES

SECTION 101-K. (RESERVED).

SECTION 102-K. TERMINATION.

35 PA.C.S. CH. 53 (RELATING TO 911 EMERGENCY COMMUNICATION

SERVICES) SHALL EXPIRE DECEMBER 31, 2024.

ARTICLE I-L

MEDICAL DEBT RELIEF

SECTION 101-L. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO MEDICAL DEBT RELIEF.

20230HB1300PN2107 - 128 -

SECTION 102-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:

"BAD DEBT EXPENSE." THE COST OF CARE FOR WHICH A HEALTH CARE

PROVIDER EXPECTED PAYMENT FROM THE PATIENT OR A THIRD-PARTY

PAYOR, BUT WHICH THE HEALTH CARE PROVIDER OR COMMERCIAL DEBT

COLLECTION AGENCY SUBSEQUENTLY DETERMINES TO BE UNCOLLECTIBLE.

"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.

"ELIGIBLE PATIENT." AN INDIVIDUAL WHO MEETS ALL OF THE

FOLLOWING REQUIREMENTS:

(1) IS A RESIDENT OF THIS COMMONWEALTH.

(2) CAN DEMONSTRATE AN INABILITY TO PAY THE COST OF

MEDICAL CARE EVEN AFTER THE APPLICATION OF PAYMENTS FOR

THIRD-PARTY HEALTH COVERAGE.

(3) PROVIDES FINANCIAL INFORMATION AND DOCUMENTATION

SHOWING THAT THEIR INCOME AND ASSETS MAKE THEM ELIGIBLE FOR

HOSPITAL-BASED FINANCIAL ASSISTANCE UNDER THE POLICIES OF THE

HOSPITAL AND OF THIS ARTICLE.

"ELIGIBLE RESIDENT." AN INDIVIDUAL ELIGIBLE FOR RELIEF WHO

MEETS ALL OF THE FOLLOWING CONDITIONS:

(1) IS A RESIDENT OF THIS COMMONWEALTH.

(2) HAS A HOUSEHOLD INCOME AT OR BELOW 400% OF THE

FEDERAL POVERTY GUIDELINES OR HAS MEDICAL DEBT EQUAL TO 5% OR

MORE OF THE INDIVIDUAL'S HOUSEHOLD INCOME.

"HEALTH CARE PROVIDER." EITHER OF THE FOLLOWING:

(1) A HEALTH CARE PROVIDER, AS DEFINED IN SECTION 1201

OF THE ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE

INSURANCE COMPANY LAW OF 1921.

(2) AN EMERGENCY MEDICAL SERVICES AGENCY, AS DEFINED IN

20230HB1300PN2107 - 129 -

35 PA.C.S. § 8103 (RELATING TO DEFINITIONS).

"HOSPITAL-BASED FINANCIAL ASSISTANCE." FINANCIAL ASSISTANCE

PROVIDED BY HOSPITALS TO PATIENTS THAT INCLUDES CHARITY CARE OR

DISCOUNTED CARE WHERE THE COST OF CARE ORDINARILY CHARGED BY A

HOSPITAL IS PROVIDED FREE OF CHARGE OR AT A REDUCED RATE OR A

HOSPITAL RELIEVES AN ELIGIBLE PATIENT'S MEDICAL BILL IN PART OR

IN FULL BASED ON ELIGIBILITY CRITERIA.

"MEDICAL DEBT." AN OBLIGATION TO PAY MONEY ARISING FROM THE

RECEIPT OF HEALTH CARE SERVICES.

"MEDICAL DEBT RELIEF." THE DISCHARGE OF A PATIENT'S MEDICAL

DEBT.

"MEDICAL DEBT RELIEF COORDINATOR." A PERSON, COMPANY,

PARTNERSHIP OR OTHER ENTITY THAT IS ABLE TO DISCHARGE MEDICAL

DEBT OF AN ELIGIBLE RESIDENT IN A MANNER THAT DOES NOT RESULT IN

A TAXABLE EVENT FOR THE ELIGIBLE RESIDENT.

"PRIMARY LANGUAGE." A LANGUAGE THAT IS THE PREFERRED

LANGUAGE FOR COMMUNICATION DURING AT LEAST 5% OF THE ANNUAL

PATIENT VISITS BY PATIENTS WHO DO NOT HAVE THE PROFICIENCY IN

ENGLISH NECESSARY TO SPEAK, READ AND WRITE ABOUT HEALTH CARE-

RELATED MATTERS.

"PROGRAM." THE MEDICAL DEBT RELIEF PROGRAM ESTABLISHED UNDER

SECTION 103-L.

"PUBLIC HEALTH COVERAGE OPTION." A PROGRAM ADMINISTERED BY

THE DEPARTMENT OF HUMAN SERVICES, INCLUDING MEDICAL ASSISTANCE

AND THE CHILDREN'S HEALTH INSURANCE PROGRAM, AND BY THE

PENNSYLVANIA HEALTH INSURANCE EXCHANGE AUTHORITY.

SECTION 103-L. MEDICAL DEBT RELIEF PROGRAM.

(A) ESTABLISHMENT AND PURPOSE.--THE MEDICAL DEBT RELIEF

PROGRAM IS ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF

DISCHARGING MEDICAL DEBT OF ELIGIBLE RESIDENTS BY CONTRACTING

20230HB1300PN2107 - 130 -

WITH A MEDICAL DEBT RELIEF COORDINATOR AS DESCRIBED IN

SUBSECTION (C).

(B) USE OF MONEY.--MONEY APPROPRIATED TO THE DEPARTMENT FOR

THE PROGRAM SHALL BE USED EXCLUSIVELY FOR THE PROGRAM, INCLUDING

CONTRACTING WITH A MEDICAL DEBT RELIEF COORDINATOR AND PROVIDING

MONEY TO BE USED BY THE MEDICAL DEBT RELIEF COORDINATOR TO

DISCHARGE MEDICAL DEBT OF ELIGIBLE RESIDENTS. MONEY USED IN

CONTRACTING WITH A MEDICAL DEBT RELIEF COORDINATOR MAY ALSO BE

USED FOR THE PAYMENT OF SERVICES PROVIDED BY THE MEDICAL DEBT

RELIEF COORDINATOR TO DISCHARGE MEDICAL DEBT OF ELIGIBLE

RESIDENTS BASED ON A BUDGET APPROVED BY THE DEPARTMENT.

(1) THE DEPARTMENT IS AUTHORIZED TO AND SHALL ENTER INTO

A CONTRACT WITH A MEDICAL DEBT RELIEF COORDINATOR TO PURCHASE

AND DISCHARGE MEDICAL DEBT OWED BY AN ELIGIBLE RESIDENT WITH

MONEY ALLOCATED FOR THE PROGRAM.

(2) THE DEPARTMENT SHALL IMPLEMENT A COMPETITIVE BIDDING

PROCESS TO DETERMINE WHICH MEDICAL DEBT RELIEF COORDINATOR TO

USE, UNLESS THE DEPARTMENT DETERMINES THAT ONLY A SINGLE

MEDICAL DEBT RELIEF COORDINATOR HAS THE CAPACITY AND

WILLINGNESS TO CARRY OUT THE DUTIES SPECIFIED IN THIS

ARTICLE.

(3) IN CONTRACTING WITH THE DEPARTMENT, A MEDICAL DEBT

RELIEF COORDINATOR SHALL ADHERE TO THE FOLLOWING:

(I) THE MEDICAL DEBT RELIEF COORDINATOR SHALL REVIEW

THE MEDICAL DEBT ACCOUNTS OF EACH COMMERCIAL DEBT

COLLECTION AGENCY OR HEALTH CARE PROVIDER WILLING TO SELL

MEDICAL DEBT ACCOUNTS IN THIS COMMONWEALTH.

(II) THE MEDICAL DEBT RELIEF COORDINATOR MAY ELECT

TO BUY THE DISCHARGEABLE MEDICAL DEBT FROM THE COMMERCIAL

20230HB1300PN2107 - 131 -

DEBT COLLECTION AGENCY OR HEALTH CARE PROVIDER THAT

IDENTIFIES THE ACCOUNTS DESCRIBED IN SUBPARAGRAPH (I) AS

A BAD DEBT EXPENSE.

(III) AFTER THE PURCHASE AND DISCHARGE OF MEDICAL

DEBT FROM A COMMERCIAL DEBT COLLECTION AGENCY OR HEALTH

CARE PROVIDER, THE MEDICAL DEBT RELIEF COORDINATOR SHALL

NOTIFY ALL ELIGIBLE RESIDENTS WHOSE MEDICAL DEBT HAS BEEN

DISCHARGED UNDER THE PROGRAM, IN A MANNER APPROVED BY THE

DEPARTMENT, THAT THEY NO LONGER HAVE SPECIFIED MEDICAL

DEBT OWED TO THE RELEVANT HEALTH CARE PROVIDER OR

COMMERCIAL DEBT COLLECTION AGENCY .

(IV) A MEDICAL DEBT RELIEF COORDINATOR SHALL MAKE A

BEST EFFORT TO ENSURE PARITY AND EQUITY IN THE PURCHASING

AND DISCHARGING OF MEDICAL DEBT TO ENSURE THAT ALL

ELIGIBLE RESIDENTS HAVE AN EQUAL OPPORTUNITY OF RECEIVING

MEDICAL DEBT RELIEF REGARDLESS OF THEIR GEOGRAPHICAL

LOCATION OR IDENTITIES AND CHARACTERISTICS AS IDENTIFIED

IN SECTION 2 OF THE ACT OF OCTOBER 27, 1955 (P.L.744,

NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS ACT.

(V) A MEDICAL DEBT RELIEF COORDINATOR SHALL REPORT

TO THE DEPARTMENT THE SUMMARY STATISTICS REGARDING

ELIGIBLE RESIDENTS WHOSE MEDICAL DEBT HAS BEEN

DISCHARGED.

(VI) A MEDICAL DEBT RELIEF COORDINATOR MAY NOT

ATTEMPT TO SEEK PAYMENT FROM AN ELIGIBLE RESIDENT FOR

MEDICAL DEBT PURCHASED BY THE MEDICAL DEBT RELIEF

COORDINATOR.

(4) A MEDICAL DEBT RELIEF COORDINATOR SHALL CONTINUE TO

FULFILL ITS CONTRACTUAL OBLIGATIONS TO THE DEPARTMENT UNTIL

ALL MONEY CONTRACTED TO THE MEDICAL DEBT RELIEF COORDINATOR

20230HB1300PN2107 - 132 -

IS EXHAUSTED, REGARDLESS OF WHETHER MONEY ALLOCATED TO THE

PROGRAM HAS BEEN EXHAUSTED.

(D) BREACH OF CONTRACT.--IF A MEDICAL DEBT RELIEF

COORDINATOR ATTEMPTS TO SEEK PAYMENT FROM AN ELIGIBLE RESIDENT

FOR MEDICAL DEBT PURCHASED BY THE MEDICAL DEBT RELIEF

COORDINATOR OR FAILS TO CARRY OUT THE RESPONSIBILITIES DESCRIBED

IN ITS CONTRACT WITH THE DEPARTMENT, THE MEDICAL DEBT RELIEF

COORDINATOR SHALL BE CONSIDERED IN BREACH OF CONTRACT AND THE

CONTRACT PROVISIONS THAT APPLY IN THE CASE OF A BREACH OF

CONTRACT SHALL APPLY.

SECTION 104-L. REPORTING ON PROGRAM .

(A) REQUIREMENT.--BEGINNING ONE YEAR AFTER THE EFFECTIVE

DATE OF THIS SECTION AND ANNUALLY THEREAFTER FOR AS LONG AS

MEDICAL DEBT RELIEF COORDINATORS ARE FULFILLING THEIR

CONTRACTUAL OBLIGATIONS UNDER THIS ARTICLE, THE DEPARTMENT SHALL

SUBMIT AN ANNUAL REPORT REGARDING THE PROGRAM IN ACCORDANCE WITH

THIS SECTION.

(B) CONTENTS.--EACH REPORT UNDER THIS SECTION SHALL CONTAIN

THE FOLLOWING INFORMATION FOR THE ANNUAL PERIOD COVERED BY THE

REPORT:

(1) THE AMOUNT OF MEDICAL DEBT PURCHASED AND DISCHARGED

UNDER THE PROGRAM.

(2) THE NUMBER OF ELIGIBLE RESIDENTS WHO RECEIVED

MEDICAL DEBT RELIEF UNDER THE PROGRAM.

(3) THE CHARACTERISTICS OF THE ELIGIBLE RESIDENTS AS

DESCRIBED IN SECTION 103-L(C)(3)(IV).

(4) THE NUMBER AND CHARACTERISTICS OF HEALTH CARE

PROVIDERS FROM WHOM MEDICAL DEBT WAS PURCHASED AND

DISCHARGED.

(5) THE NUMBER OF ELIGIBLE RESIDENTS WHOSE INCOME WAS

20230HB1300PN2107 - 133 -

CALCULATED AT 100%, 150% OR 200% OF THE FEDERAL POVERTY

LEVEL.

(6) THE NUMBER OF AND CHARACTERISTICS OF MEDICAL DEBT

RELIEF COORDINATORS CONTRACTED WITH FOR THE PURPOSES OF

PURCHASING AND DISCHARGING MEDICAL DEBT.

SUBMITTED TO THE FOLLOWING:

(1) THE GOVERNOR.

(2) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(3) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(4) THE MAJORITY LEADER AND MINORITY LEADER OF THE

SENATE.

(5) THE MAJORITY LEADER AND MINORITY LEADER OF THE HOUSE

OF REPRESENTATIVES.

(6) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE.

(7) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

HEALTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

SECTION 105-L. HOSPITAL-BASED FINANCIAL ASSISTANCE FORMS AND

POLICIES.

(A) FORMS.--THE DEPARTMENT SHALL DEVELOP THE FOLLOWING FORMS

AND MAKE THEM AVAILABLE TO HOSPITALS AND THE GENERAL PUBLIC:

(1) A UNIFORM APPLICATION FOR FINANCIAL ASSISTANCE THAT

SHALL BE USED IN EVERY HOSPITAL IN THIS COMMONWEALTH TO

DETERMINE IF AN INDIVIDUAL IS AN ELIGIBLE PATIENT.

(2) A UNIFORM ONE-PAGE TEMPLATE ALL HOSPITALS SHALL USE

TO SUMMARIZE ELIGIBILITY INFORMATION FOR FINANCIAL

ASSISTANCE. AT A MINIMUM, THE SUMMARY SHALL INCLUDE:

(I) INCOME ELIGIBILITY GUIDELINES FOR HOSPITAL-BASED

FINANCIAL ASSISTANCE EXPRESSED AS BOTH A PERCENT OF THE

20230HB1300PN2107 - 134 -

FEDERAL POVERTY INCOME GUIDELINES AND A DOLLAR AMOUNT

BASED ON COMMON HOUSEHOLD SIZES.

(II) INFORMATION ABOUT THE LIMITS ON AMOUNTS AND

TYPE OF ASSETS.

(III) INFORMATION ON INCOME ELIGIBILITY GUIDELINES

FOR A PUBLIC HEALTH COVERAGE OPTION EXPRESSED AS BOTH A

PERCENT OF THE FEDERAL POVERTY INCOME GUIDELINES AND A

DOLLAR AMOUNT BASED ON COMMON HOUSEHOLD SIZES AND HOW TO

APPLY FOR THOSE COVERAGE OPTIONS.

(IV) CONTACT INFORMATION FOR HOW TO APPLY FOR

HOSPITAL-BASED FINANCIAL ASSISTANCE AND HOW TO GET HELP

APPLYING FOR HOSPITAL-BASED FINANCIAL ASSISTANCE.

(3) A BRIEF UNIFORM STATEMENT OF THE AVAILABILITY OF

HOSPITAL-BASED FINANCIAL ASSISTANCE AND OF THE APPLICATION

FOR HOSPITAL-BASED FINANCIAL ASSISTANCE TO BE STATED

PROMINENTLY ON HOSPITAL MATERIALS.

(B) DEVELOPMENT OF FORM.--THE DEPARTMENT SHALL INCLUDE INPUT

FROM HOSPITALS AND THE GENERAL PUBLIC IN DEVELOPING THE FORMS

DESCRIBED IN SUBSECTION (A)(1).

SUBSECTION (A) SHALL BE:

(1) WRITTEN IN PLAIN LANGUAGE AT A SIXTH GRADE READING

LEVEL.

(2) TRANSLATED BY THE DEPARTMENT INTO ALL PRIMARY

LANGUAGES IDENTIFIED BY A HOSPITAL.

(3) MADE ACCESSIBLE BY THE HOSPITAL TO INDIVIDUALS WITH

VISUAL IMPAIRMENTS UPON REQUEST.

(4) POSTED BY HOSPITALS ONLINE IN A PUBLICLY ACCESSIBLE

FORMAT. A FULL COPY OF THE HOSPITAL'S FINANCIAL ASSISTANCE

POLICIES SHALL ALSO BE PUBLISHED ALONG WITH THE SUMMARY IN

20230HB1300PN2107 - 135 -

SUBSECTION (A)(2).

(D) DISCLOSURE TO PATIENTS.--

(1) A HOSPITAL SHALL PROVIDE THE FORM DISCUSSED IN

SUBSECTION (A)(2) TO ALL PATIENTS UPON INTAKE AND DISCHARGE.

ADDITIONALLY, A HOSPITAL SHALL PLACE THE UNIFORM STATEMENT

PROVIDED FOR IN SUBSECTION (A)(3) ON ALL BILLS, BILLING

STATEMENTS, GOOD FAITH ESTIMATES, ADMITTANCE FORMS AND

DISCHARGE PAPERWORK.

(2) A HOSPITAL SHALL PROVIDE A FULL COPY OF ITS

FINANCIAL ASSISTANCE POLICIES UPON REQUEST.

(3) A HOSPITAL SHALL PROVIDE ASSISTANCE UNDERSTANDING

AND COMPLETING A FINANCIAL ASSISTANCE APPLICATION UPON

REQUEST.

(E) ALIGNMENT WITH PUBLIC HEALTH COVERAGE OPTIONS.--

(1) HOSPITALS SHALL USE THE INCOME COUNTING RULES AND

HOUSEHOLD COMPOSITION RULES CONSISTENT WITH 42 CFR 435.603

(RELATING TO APPLICATION OF MODIFIED ADJUSTED GROSS INCOME

(MAGI)) AND SHALL ADJUST THEIR POLICIES ACCORDING TO RULES

WITHIN 180 DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.

(2) THE DEPARTMENT OF HUMAN SERVICES SHALL EXPLORE A

PROCESS FOR CONNECTING THE UNIFORM APPLICATION FOR FINANCIAL

ASSISTANCE WITH THE DEPARTMENT'S ELECTRONIC ELIGIBILITY

SYSTEM IN ORDER TO EVALUATE AN APPLICANT'S ELIGIBILITY FOR A

PUBLIC HEALTH COVERAGE OPTION.

(3) A PATIENT SEEKING FINANCIAL ASSISTANCE MAY PROVIDE

THE FOLLOWING FINANCIAL INFORMATION AND DOCUMENTATION IN

SUPPORT OF THEIR APPLICATION:

(I) PAYCHECKS OR PAY STUBS;

(II) UNEMPLOYMENT DOCUMENTATION;

(III) SOCIAL SECURITY INCOME;

20230HB1300PN2107 - 136 -

(IV) RENT RECEIPTS;

(V) A LETTER FROM THE PATIENT'S EMPLOYER ATTESTING

TO THE PATIENT'S GROSS INCOME;

(VI) COPIES OF RECENT TAX RETURNS; OR

(VII) IF NONE OF THE AFOREMENTIONED INFORMATION AND

DOCUMENTATION ARE AVAILABLE, A WRITTEN SELF-ATTESTATION

OF THE PATIENT'S INCOME.

(4) HOSPITALS MAY PROVIDE HOSPITAL-BASED FINANCIAL

ASSISTANCE TO ANY PATIENT WHO IS ALREADY ENROLLED IN THE

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP), SPECIAL

SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND

CHILDREN (WIC) OR LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM

(LIHEAP), BASED ON PRESUMPTIVE ELIGIBILITY THROUGH USE OF

ELECTRONIC VERIFICATION DATA.

(5) UPON SUBMISSION OF A COMPLETED APPLICATION FORM, THE

PATIENT IS NOT LIABLE FOR ANY BILLS UNTIL THE HOSPITAL HAS

RENDERED A DECISION ON THE APPLICATION.

SECTION 106-L. TAX APPLICABILITY.

THE AMOUNT OF INTEREST AND PRINCIPAL BALANCE OF MEDICAL DEBT

DISCHARGED UNDER THE PROGRAM SHALL NOT BE INCLUDED IN THE

CLASSES OF INCOME IDENTIFIED IN SECTION 303 OF THE ACT OF MARCH

4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.

ARTICLE I-M

INSTITUTIONS OF PURELY PUBLIC CHARITY

SECTION 101-M. 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:

"INSTITUTION." AS DEFINED IN SECTION 3 OF THE ACT OF

NOVEMBER 26, 1997 (P.L.508, NO.55), KNOWN AS THE INSTITUTIONS OF

20230HB1300PN2107 - 137 -

PURELY PUBLIC CHARITY ACT.

SECTION 102-M. CHARITY TO PERSONS.

NOTWITHSTANDING SECTION 5(E)(5) OF THE ACT OF NOVEMBER 26,

1997 (P.L.508, NO.55), KNOWN AS THE INSTITUTIONS OF PURELY

PUBLIC CHARITY ACT, AN INSTITUTION SHALL BE CONSIDERED TO

BENEFIT A SUBSTANTIAL AND INDEFINITE CLASS OF PERSONS WHO ARE

LEGITIMATE SUBJECTS OF CHARITY IF:

(1) THE INSTITUTION IS A DOMESTIC FRATERNAL SOCIETY,

ORDER OR ASSOCIATION, THAT OPERATES UNDER A LODGE SYSTEM, THE

NET EARNINGS OF WHICH ARE DEVOTED TO RELIGIOUS, CHARITABLE,

SCIENTIFIC, LITERARY, EDUCATIONAL AND FRATERNAL PURPOSES AND

QUALIFIES FOR AN EXEMPTION FROM TAXATION UNDER 26 U.S.C. §

501(C)(8) AND (10) (RELATING TO EXEMPTION FROM TAX ON

CORPORATIONS, CERTAIN TRUSTS, ETC.) AND:

(I) THE ORGANIZATION HAS BEEN OPERATING IN THIS

COMMONWEALTH FOR AT LEAST 100 YEARS; AND

(II) THE ORGANIZATION HAS NOT BEEN ISSUED A LICENSE

UNDER THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS

THE LIQUOR CODE.

(2) THE INSTITUTION IS A TITLE-HOLDING ORGANIZATION THAT

QUALIFIES FOR AN EXEMPTION FROM TAXATION UNDER 26 U.S.C. §

501(C)(2) THAT IS WHOLLY OWNED OR CONTROLLED BY ONE OR MORE

QUALIFYING FRATERNAL ORGANIZATION DESCRIBED UNDER PARAGRAPH

(1).

ARTICLE I-N

(RESERVED)

SECTION 5. THE DEFINITIONS OF "COST OF THE RETAILER," "COST

OF THE STAMPING AGENT" AND "COST OF THE WHOLESALER" IN SECTION

202-A OF THE ACT ARE AMENDED TO READ:

SECTION 202-A. DEFINITIONS.--AS USED IN THIS ARTICLE--

20230HB1300PN2107 - 138 -

* * *

"COST OF THE RETAILER" SHALL MEAN THE BASIC COST OF

CIGARETTES TO THE RETAILER PLUS THE COST OF DOING BUSINESS BY

THE RETAILER IN EXCESS OF THE BASIC COST OF CIGARETTES,

EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF

CIGARETTES. IN THE ABSENCE OF FILING OF SATISFACTORY PROOF OF A

LESSER OR HIGHER COST OF DOING BUSINESS BY THE RETAILER MAKING

THE SALE, THE COST OF DOING BUSINESS BY THE RETAILER SHALL BE

PRESUMED TO BE [SEVEN] THE PER CENTUM AS PROVIDED IN SECTION

234-A OF THE BASIC COST OF CIGARETTES TO THE RETAILER. WHEN A

RETAILER ESTABLISHES A LESSER COST OF DOING BUSINESS THAN THE

PRESUMPTIVE [SEVEN] PER CENTUM COST OF DOING BUSINESS AS

PROVIDED IN SECTION 234-A, SUCH LESSER COST OF DOING BUSINESS

MAY BE USED TO COMPUTE THE COST OF THE RETAILER FOR A PERIOD OF

TIME NO GREATER THAN TWELVE MONTHS, AT THE END OF WHICH TIME THE

COST TO THE RETAILER SHALL BE COMPUTED USING THE PRESUMPTIVE

[SEVEN] PER CENTUM COST OF DOING BUSINESS AS PROVIDED IN SECTION

234-A, UNLESS THE RETAILER AGAIN ESTABLISHES A LESSER COST OF

DOING BUSINESS. ANY FRACTIONAL PART OF A CENT IN SUCH COST PER

CARTON SHALL BE ROUNDED OFF TO THE NEXT HIGHER CENT. IN THE CASE

OF ANY PERSON WHO PURCHASES CIGARETTES FOR SALE AT RETAIL FROM

ANY MANUFACTURER OF CIGARETTES WITHOUT RESORT TO A WHOLESALER AS

SUCH, SUCH PERSON SHALL BE DEEMED, FOR THE PURPOSES OF THIS

ARTICLE, TO BE ENGAGED IN THE SALE OF CIGARETTES AS A STAMPING

AGENT, WHOLESALER AND RETAILER AND AS SUCH SHALL BE SUBJECT TO

ALL MARK-UP PROVISIONS OF THIS ARTICLE IN THE ORDER NAMED.

"COST OF THE STAMPING AGENT" SHALL MEAN THE BASIC COST OF

CIGARETTES PLUS THE COST OF DOING BUSINESS BY THE CIGARETTE

STAMPING AGENT IN EXCESS OF THE BASIC COST OF CIGARETTES,

EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF

20230HB1300PN2107 - 139 -

CIGARETTES. ANY FRACTIONAL PART OF A CENT IN THE COST PER CARTON

OF CIGARETTES SHALL BE ROUNDED OFF TO THE NEXT HIGHER CENT. IN

THE CASE OF SALES AT RETAIL BY CIGARETTE STAMPING AGENTS, THE

COST OF THE CIGARETTE STAMPING AGENT SHALL BE THE SAME AS THE

COST OF THE RETAILER. THERE SHALL BE DETERMINED A SEPARATE COST

OF THE CIGARETTE STAMPING AGENT FOR SALES TO WHOLESALE DEALERS

AND FOR SALES TO RETAIL DEALERS. IN THE ABSENCE OF FILING OF

SATISFACTORY PROOF OF A LESSER COST OF DOING BUSINESS OF THE

CIGARETTE STAMPING AGENT MAKING THE SALE, THE COST OF DOING

BUSINESS SHALL BE PRESUMED TO BE [ONE AND SEVEN-TENTHS PER

CENTUM] THE PER CENTUM AS PROVIDED IN SECTION 235-A OF THE BASIC

COST OF CIGARETTES TO THE STAMPER FOR SALES TO WHOLESALE DEALERS

AND, WITH RESPECT TO SALES TO RETAIL DEALERS, THE COST OF THE

STAMPING AGENT PLUS THE COST OF THE WHOLESALER. WHEN A CIGARETTE

STAMPING AGENT ESTABLISHES A LESSER COST OF DOING BUSINESS THAN

THE PRESUMPTIVE COSTS CONTAINED HEREIN, SUCH LESSER COST OF

DOING BUSINESS MAY BE USED TO COMPUTE THE COST OF THE CIGARETTE

STAMPING AGENT FOR A PERIOD OF TIME NO GREATER THAN TWELVE

MONTHS, AT THE END OF WHICH TIME THE COST OF THE CIGARETTE

STAMPING AGENT SHALL BE COMPUTED USING THE PRESUMPTIVE COSTS

CONTAINED HEREIN, UNLESS THE CIGARETTE STAMPING AGENT AGAIN

ESTABLISHES A LESSER COST OF DOING BUSINESS.

"COST OF THE WHOLESALER" SHALL MEAN THE BASIC COST OF

CIGARETTES TO THE WHOLESALER PLUS THE COST OF DOING BUSINESS BY

THE WHOLESALER IN EXCESS OF THE BASIC COST OF CIGARETTES,

EXPRESSED AS A PERCENTAGE AND APPLIED TO THE BASIC COST OF

CIGARETTES. ANY FRACTIONAL PART OF A CENT IN THE COST TO THE

WHOLESALER PER CARTON OF CIGARETTES SHALL BE ROUNDED OFF TO THE

NEXT HIGHER CENT. THERE SHALL BE DETERMINED A SEPARATE COST OF

THE WHOLESALER FOR SALE TO RETAIL DEALERS. IN THE ABSENCE OF

20230HB1300PN2107 - 140 -

FILING SATISFACTORY PROOF OF A LESSER COST OF DOING BUSINESS BY

THE WHOLESALER WITH RESPECT TO SALES TO RETAIL DEALERS, THE COST

OF DOING BUSINESS SHALL BE PRESUMED TO BE [FOUR PER CENTUM] THE

PER CENTUM AS PROVIDED IN SECTION 236-A OF THE BASIC COST OF

CIGARETTES. WHEN A WHOLESALER ESTABLISHES A LESSER COST OF DOING

BUSINESS THAN THE PRESUMPTIVE COST OF DOING BUSINESS, SUCH

LESSER COST OF DOING BUSINESS MAY BE USED TO COMPUTE THE COST OF

THE WHOLESALER FOR A PERIOD OF TIME NO GREATER THAN TWELVE

MONTHS, AT THE END OF WHICH TIME THE COST OF THE WHOLESALER

SHALL BE COMPUTED USING THE PRESUMPTIVE FOUR PER CENTUM COST OF

DOING BUSINESS, UNLESS THE WHOLESALER AGAIN ESTABLISHES A LESSER

COST OF DOING BUSINESS.

* * *

SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 234-A. PRESUMED COST OF DOING BUSINESS BY

RETAILER.--THE PRESUMED COST OF DOING BUSINESS BY A RETAILER

MAKING THE SALE SHALL BE THE FOLLOWING PER CENTUM:

(1) PRIOR TO JANUARY 1, 2024, SEVEN PER CENTUM.

(2) BEGINNING JANUARY 1, 2024, THROUGH DECEMBER 31, 2024,

NINE PER CENTUM.

(3) BEGINNING JANUARY 1, 2025, THROUGH DECEMBER 31, 2025,

TEN PER CENTUM.

(4) BEGINNING JANUARY 1, 2026, ELEVEN PER CENTUM.

(5) BEGINNING JANUARY 1, 2027, AND THEREAFTER, TWELVE PER

CENTUM.

SECTION 235-A. PRESUMED COST OF DOING BUSINESS BY STAMPING

AGENT.--THE PRESUMED COST OF DOING BUSINESS BY A STAMPING AGENT

MAKING THE SALE SHALL BE THE FOLLOWING PER CENTUM:

(1) PRIOR TO JANUARY 1, 2024, ONE AND SEVEN TENTHS PER

CENTUM.

20230HB1300PN2107 - 141 -

(2) BEGINNING JANUARY 1, 2024, THROUGH DECEMBER 31, 2024,

TWO PER CENTUM.

(3) JANUARY 1, 2025, AND THEREAFTER, TWO AND ONE-HALF PER

CENTUM.

SECTION 236-A. PRESUMED COST OF DOING BUSINESS BY

WHOLESALER.--THE PRESUMED COST OF DOING BUSINESS BY A WHOLESALER

MAKING THE SALE SHALL BE THE FOLLOWING PER CENTUM:

(1) PRIOR TO JANUARY 1, 2024, FOUR PER CENTUM.

(2) BEGINNING JANUARY 1, 2024, THROUGH DECEMBER 31, 2024,

SIX PER CENTUM.

(3) BEGINNING JANUARY 1, 2025, AND THEREAFTER, SEVEN PER

CENTUM.

SECTION 7. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

ARTICLE II-F

INDIGENT DEFENSE

SECTION 201-F. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO INDIGENT DEFENSE.

SECTION 202-F. 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:

"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY.

"INDIGENT DEFENSE SERVICES." THE LEGAL REPRESENTATION

PROVIDED TO INDIGENT ADULT DEFENDANTS AND JUVENILE RESPONDENTS

THROUGH EITHER A PUBLIC DEFENDER'S OFFICE, CONTRACTED COUNSEL OR

CONFLICT COUNSEL.

SECTION 203-F. INDIGENT DEFENSE ADVISORY COMMITTEE.

(A) ESTABLISHMENT.--THE INDIGENT DEFENSE ADVISORY COMMITTEE

IS ESTABLISHED WITHIN THE COMMISSION.

20230HB1300PN2107 - 142 -

(B) COMPOSITION.--THE COMMITTEE SHALL CONSIST OF A

CHAIRPERSON AND THE FOLLOWING MEMBERS TO BE SELECTED AS FOLLOWS:

(1) THE EXECUTIVE DIRECTOR OF THE INTERBRANCH COMMISSION

FOR GENDER, RACIAL AND ETHNIC FAIRNESS, OR A DESIGNEE, WHO

SHALL SERVE AS AN EX OFFICIO AND NONVOTING MEMBER.

(2) THE EXECUTIVE DIRECTOR OF THE PUBLIC DEFENDER

ASSOCIATION OF PENNSYLVANIA OR A DESIGNEE.

(3) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA

COMMISSION ON SENTENCING, OR A DESIGNEE, WHO SHALL SERVE AS

AN EX OFFICIO AND NONVOTING MEMBER.

(4) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA DISTRICT

ATTORNEYS ASSOCIATION, OR A DESIGNEE, WHO SHALL SERVE AS AN

EX OFFICIO AND NONVOTING MEMBER.

(5) THE COMMONWEALTH VICTIM ADVOCATE, OR A DESIGNEE, WHO

SHALL SERVE AS AN EX OFFICIO AND NONVOTING MEMBER.

(6) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA CHIEFS OF

POLICE ASSOCIATION, OR A DESIGNEE, WHO SHALL SERVE AS AN EX

OFFICIO AND NONVOTING MEMBER.

(7) THE EXECUTIVE DIRECTOR OF THE JUVENILE COURT JUDGES'

COMMISSION, OR A DESIGNEE, WHO SHALL SERVE AS AN EX OFFICIO

AND NONVOTING MEMBER.

(8) AN INDIVIDUAL APPOINTED BY THE PRESIDENT PRO TEMPORE

OF THE SENATE.

(9) AN INDIVIDUAL APPOINTED BY THE MINORITY LEADER OF

THE SENATE.

(10) AN INDIVIDUAL APPOINTED BY THE SPEAKER OF THE HOUSE

OF REPRESENTATIVES.

(11) AN INDIVIDUAL APPOINTED BY THE MINORITY LEADER OF

THE HOUSE OF REPRESENTATIVES.

(12) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR:

20230HB1300PN2107 - 143 -

(I) ONE REPRESENTATIVE OF PUBLIC DEFENDERS APPOINTED

FROM A LIST OF THREE QUALIFIED ATTORNEYS RECOMMENDED BY

THE DEFENDER ASSOCIATION OF PHILADELPHIA.

(II) ONE CRIMINAL DEFENSE ATTORNEY WITH PUBLIC

DEFENDER EXPERIENCE APPOINTED FROM A LIST OF THREE

QUALIFIED INDIVIDUALS RECOMMENDED BY THE PENNSYLVANIA

ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.

(III) ONE ATTORNEY WITH EXPERIENCE DEFENDING

JUVENILES IN DELINQUENCY PROCEEDINGS, APPOINTED FROM A

LIST OF THREE QUALIFIED INDIVIDUALS RECOMMENDED BY THE

JUVENILE DEFENDERS ASSOCIATION OF PENNSYLVANIA.

(IV) ONE MEMBER FROM THE LAW SCHOOL ACADEMIC

COMMUNITY WITH A BACKGROUND IN PUBLIC DEFENSE OR LEGAL

SERVICES APPOINTED FROM A LIST OF QUALIFIED INDIVIDUALS

RECOMMENDED BY EACH LAW SCHOOL IN THIS COMMONWEALTH.

(V) ONE ATTORNEY WITH CAPITAL CASE INDIGENT DEFENSE

TRIAL, APPELLATE OR POSTCONVICTION EXPERIENCE ASSOCIATED

WITH THE PENNSYLVANIA INNOCENCE PROJECT AT TEMPLE

UNIVERSITY BEASLEY SCHOOL OF LAW.

(VI) ONE REPRESENTATIVE OF COUNTY GOVERNMENT FROM

THE SECOND CLASS OR SECOND CLASS A COUNTIES APPOINTED

FROM A LIST OF THREE QUALIFIED INDIVIDUALS RECOMMENDED BY

THE COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA.

(VII) ONE REPRESENTATIVE OF COUNTY GOVERNMENT FROM

THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS

COUNTIES APPOINTED FROM A LIST OF THREE QUALIFIED

INDIVIDUALS RECOMMENDED BY THE COUNTY COMMISSIONERS

ASSOCIATION OF PENNSYLVANIA.

(VIII) ONE ADVOCATE FOR CURRENT AND FORMER PRISON

INMATES APPOINTED FROM A LIST OF THREE INDIVIDUALS

20230HB1300PN2107 - 144 -

RECOMMENDED BY THE PENNSYLVANIA PRISON SOCIETY.

(13) THREE JUDGES WHO ROUTINELY PRESIDE OVER CRIMINAL OR

JUVENILE CASES AND ARE REPRESENTATIVE OF THE GEOGRAPHIC AND

DEMOGRAPHIC DIVERSITY OF THE COMMONWEALTH, APPOINTED BY THE

CHIEF JUSTICE OF THE PENNSYLVANIA SUPREME COURT.

(14) THE FOLLOWING MEMBERS APPOINTED BY THE CHIEF

JUSTICE OF THE PENNSYLVANIA SUPREME COURT:

(I) ONE COUNTY CHIEF PUBLIC DEFENDER FROM A LIST OF

THREE RECOMMENDATIONS FROM THE PUBLIC DEFENDER

ASSOCIATION OF PENNSYLVANIA.

(II) ONE PUBLIC DEFENDER FROM THE SECOND CLASS OR

SECOND CLASS A COUNTIES FROM A LIST OF FOUR

RECOMMENDATIONS FROM THE PUBLIC DEFENDER ASSOCIATION OF

PENNSYLVANIA.

(III) ONE PUBLIC DEFENDER FROM THE THIRD OR FOURTH

CLASS COUNTIES FROM A LIST OF FOUR RECOMMENDATIONS FROM

THE PUBLIC DEFENDER ASSOCIATION OF PENNSYLVANIA.

(IV) TWO PUBLIC DEFENDERS FROM THE FIFTH, SIXTH,

SEVENTH OR EIGHTH CLASS COUNTIES FROM A LIST OF FOUR

RECOMMENDATIONS FROM THE PUBLIC DEFENDER ASSOCIATION OF

PENNSYLVANIA.

THE COMMITTEE SHALL BE SELECTED BY THE GOVERNOR FROM AMONG THE

VOTING MEMBERS OF THE COMMITTEE. A VICE CHAIRPERSON SHALL BE

DESIGNATED BY THE CHAIRPERSON OF THE COMMITTEE FROM AMONG THE

VOTING MEMBERS OF THE COMMITTEE TO PRESIDE AT MEETINGS IN THE

ABSENCE OF THE CHAIRPERSON.

(D) TERM.--MEMBERS OF THE COMMITTEE SHALL SERVE A FOUR-YEAR

TERM. MEMBERS ARE ELIGIBLE FOR REAPPOINTMENT FOR NO MORE THAN

TWO CONSECUTIVE TERMS. MEMBERS APPOINTED UNDER SUBSECTION (B)

20230HB1300PN2107 - 145 -

(1), (2), (3), (4), (5), (6) AND (7) SHALL SERVE BY VIRTUE OF

THE MEMBER'S OFFICE, AND THE TERM SHALL BE CONCURRENT WITH THE

MEMBER'S SERVICE IN THE OFFICE. VACANCIES ON THE COMMITTEE SHALL

BE FILLED BY THE APPOINTING AUTHORITY WITHIN 60 DAYS OF THE

VACANCY. FOR THE PURPOSES OF THIS SUBSECTION, A VACANCY OCCURS

WHEN A MEMBER RESIGNS FROM THE COMMITTEE OR NO LONGER HOLDS THE

EMPLOYMENT THAT ORIGINALLY QUALIFIED THE MEMBER FOR THE

APPOINTMENT.

(E) QUORUM.--A MAJORITY OF THE VOTING MEMBERS OF THE

COMMITTEE SHALL CONSTITUTE A QUORUM AND A QUORUM SHALL BE

REQUIRED FOR ALL ACTIONS. A VOTE OF THE MAJORITY OF THE VOTING

MEMBERS OF THE COMMITTEE PRESENT SHALL BE SUFFICIENT FOR ALL

ACTIONS TAKEN BY THE COMMITTEE.

(F) MEETINGS.--THE COMMITTEE SHALL HOLD ITS FIRST MEETING NO

LATER THAN 60 DAYS FROM THE EFFECTIVE DATE OF THIS SUBSECTION.

EXCEPT FOR THE FIRST MEETING, MEETINGS RELATED TO THE

IMPLEMENTATION AND OPERATION OF THE INDIGENT DEFENSE GRANT

PROGRAM ESTABLISHED UNDER SUBSECTION (K) AND MEETINGS RELATED TO

COMMITTEE DUTIES UNDER SUBSECTION (I)(13), MEMBERS APPOINTED

UNDER SUBSECTION (B)(4), (5) AND (6) MAY NOT PARTICIPATE IN

MEETINGS AND COMMITTEE WORK RELATED TO COMMITTEE DUTIES UNDER

SUBSECTION (I)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),

(11) AND (12), UNLESS REQUESTED BY A MAJORITY OF THE VOTING

MEMBERS.

(G) COMPENSATION AND EXPENSES.--THE COMMITTEE MEMBERS SHALL

NOT RECEIVE A SALARY OR PER DIEM ALLOWANCE FOR SERVING AS BOARD

MEMBERS, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY

EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES AS MEMBERS OF THE

COMMITTEE. EXPENSES MAY INCLUDE REIMBURSEMENT OF TRAVEL AND

LIVING EXPENSES WHILE ENGAGED IN COMMITTEE BUSINESS.

20230HB1300PN2107 - 146 -

(H) STAFF.--STAFF SUPPORT SHALL BE MADE AVAILABLE TO THE

COMMITTEE BY THE EXECUTIVE DIRECTOR OF THE COMMISSION IN ORDER

TO ADEQUATELY ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES

AND RESPONSIBILITIES.

(I) DUTIES AND RESPONSIBILITIES.--WITH THE REVIEW AND

APPROVAL OF THE COMMISSION, THE COMMITTEE SHALL HAVE THE

FOLLOWING DUTIES AND RESPONSIBILITIES:

(1) PROPOSE MINIMUM STANDARDS FOR THE DELIVERY OF

EFFECTIVE INDIGENT DEFENSE SERVICES THROUGHOUT THIS

COMMONWEALTH THAT ARE CONSISTENT WITH THE REQUIREMENTS OF THE

CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF

PENNSYLVANIA.

(2) PROPOSE MINIMUM STANDARDS FOR ATTORNEYS PROVIDING

INDIGENT DEFENSE SERVICES TO ENSURE THAT THE ABILITY,

TRAINING AND EXPERIENCE OF THE ATTORNEYS MATCH THE CASES

ASSIGNED TO THE ATTORNEYS.

(3) SUBMIT PROPOSED STANDARDS TO THE PENNSYLVANIA

SUPREME COURT FOR ADOPTION THROUGH A MANNER PRESCRIBED BY THE

SUPREME COURT.

(4) IDENTIFY, DEVELOP OR PROVIDE APPROPRIATE STATEWIDE

CONTINUING LEGAL EDUCATION COURSES, PRACTICAL TRAINING

PROGRAMS AND SKILL DEVELOPMENT RESOURCES, INCLUDING

PRESERVICE TRAINING FOR NEWLY HIRED PUBLIC DEFENDERS, PUBLIC

DEFENDER STAFF ATTORNEYS, ASSIGNED COUNSEL AND CONTRACT

PUBLIC DEFENDERS AND OTHER COUNSEL WHO PROVIDE INDIGENT

DEFENSE SERVICES.

(5) IDENTIFY, DEVELOP OR PROVIDE APPROPRIATE PROGRAMS

FOR CAPITAL CASE DEFENSE SKILLS TRAINING, ADULT CRIMINAL

DEFENSE TRAINING, JUVENILE DELINQUENCY DEFENSE TRAINING AND

MANAGEMENT AND LEADERSHIP TRAINING FOR CHIEF DEFENDERS AND

20230HB1300PN2107 - 147 -

PUBLIC DEFENDER OFFICE LEADERS AND OTHER COUNSEL WHO PROVIDE

INDIGENT DEFENSE SERVICES.

(6) ESTABLISH A VIRTUAL DEFENDER TRAINING LIBRARY

CONSISTING OF ALL PROGRAMS APPROVED BY THE COMMITTEE.

(7) ADOPT STANDARDS BY WHICH COUNTIES SHALL COLLECT AND

REPORT, AT A MINIMUM, THE FOLLOWING TO THE COMMITTEE:

(I) THE CASELOAD AND WORKLOAD OF EACH ATTORNEY IN

THE COUNTY'S PUBLIC DEFENDER OFFICE.

(II) THE CASELOAD AND WORKLOAD OF ATTORNEYS WHO ARE

ASSIGNED TO REPRESENT AN INDIGENT DEFENDANT AS CONFLICT

COUNSEL OR CONTRACT COUNSEL IN THE COUNTY.

(III) THE TOTAL EXPENDITURES AND PER CAPITA SPENDING

FOR INDIGENT CRIMINAL DEFENSE SERVICES IN THE COUNTY.

(8) ADOPT STANDARDS FOR THE USE OF CASE MANAGEMENT

SYSTEMS OR SOFTWARE BY COUNTY PUBLIC DEFENDER OFFICES.

(9) DEVELOP, IN PARTNERSHIP WITH THE ADMINISTRATIVE

OFFICE OF PENNSYLVANIA COURTS AND THE JUVENILE COURT JUDGES'

COMMISSION, DATA REQUESTS THAT INCLUDE, AT A MINIMUM, THE

FOLLOWING:

(I) THE TOTAL NUMBER OF CRIMINAL CASES INVOLVING A

PUBLIC DEFENDER BY CATEGORY OF CRIMINAL OFFENSE AND BY

COUNTY.

(II) THE TOTAL NUMBER OF CRIMINAL CASES ADJUDICATED

OR CLOSED INVOLVING A PUBLIC DEFENDER BY CATEGORY OF

DISPOSITION TYPE AND BY COUNTY.

(III) THE TOTAL NUMBER OF JUVENILE DELINQUENCY CASES

INVOLVING A PUBLIC DEFENDER BY CATEGORY OF OFFENSE AND BY

COUNTY.

(IV) THE TOTAL NUMBER OF JUVENILE DELINQUENCY CASES

ADJUDICATED OR CLOSED INVOLVING A PUBLIC DEFENDER BY

20230HB1300PN2107 - 148 -

CATEGORY OF DISPOSITION TYPE AND BY COUNTY.

(V) THE TOTAL NUMBER OF CRIMINAL CASES WITH A COURT

APPOINTED ATTORNEY, NOT A PUBLIC DEFENDER.

(VI) THE TOTAL NUMBER OF JUVENILE DELINQUENCY CASES

WITH A COURT APPOINTED ATTORNEY, NOT A PUBLIC DEFENDER.

(VII) THE TOTAL NUMBER OF CRIMINAL AND JUVENILE

DELINQUENCY CASES APPEALED INVOLVING A PUBLIC DEFENDER BY

COUNTY.

(10) PARTNER WITH OTHER DEPARTMENTS OR AGENCIES FOR THE

COLLECTION OF DATA RELATED TO THE DELIVERY OF INDIGENT

DEFENSE SERVICES, AS MAY BE REQUIRED BY THE COMMITTEE.

(11) ANALYZE THE DATA TO IDENTIFY TRENDS AND OVERALL

EFFECTIVENESS OF INDIGENT DEFENSE SERVICES IN THE STATE AND

THE IMPACT OF THE STANDARDS ADOPTED ON THE EFFECTIVENESS OF

INDIGENT DEFENSE SERVICES IN THE FUTURE.

(12) PREPARE A REPORT WHICH INCLUDES, AT A MINIMUM, THE

ACTIONS OF THE COMMITTEE, DETAILS OF GRANTS AWARDED,

SUMMARIES OF DATA COLLECTED WITH STATISTICS REGARDING THE

DELIVERY OF INDIGENT DEFENSE SERVICES AND RECOMMENDATIONS FOR

IMPROVEMENT OF THE INDIGENT DEFENSE SYSTEM IN THIS

COMMONWEALTH. THE REPORT SHALL BE SUBMITTED TWO YEARS FROM

THE EFFECTIVE DATE OF THIS SECTION AND BIENNIALLY THEREAFTER.

THE REPORT SHALL BE PUBLISHED ON THE COMMISSION'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE. A COPY OF THE REPORT SHALL BE

SUBMITTED TO THE GOVERNOR, THE CHAIR AND MINORITY CHAIR OF

THE JUDICIARY COMMITTEE OF THE SENATE, THE CHAIR AND MINORITY

CHAIR OF THE JUDICIARY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES, THE CHAIR AND MINORITY CHAIR OF THE

APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIR AND

MINORITY CHAIR OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE

20230HB1300PN2107 - 149 -

OF REPRESENTATIVES AND THE PENNSYLVANIA SUPREME COURT.

(13) PERFORM FUNCTIONS RELATED TO THE DIRECT APPROVAL

AND DISBURSEMENT OF GRANTS UNDER THE INDIGENT DEFENSE GRANT

PROGRAM ESTABLISHED UNDER SUBSECTION (K) IN AN ADVISORY

CAPACITY ONLY.

(J) CONFIDENTIALITY OF DATA.--COUNTY-SPECIFIC DATA RECEIVED

AND COLLECTED BY THE COMMITTEE SHALL REMAIN CONFIDENTIAL. THE

COMMITTEE MAY RELEASE AGGREGATE DATA AT THE COMMITTEE'S

DISCRETION WHEN PREPARING AND SUBMITTING ITS BIENNIAL REPORT.

(K) INDIGENT DEFENSE GRANT PROGRAM.--THE INDIGENT DEFENSE

GRANT PROGRAM IS ESTABLISHED IN THE COMMISSION. THE FOLLOWING

SHALL APPLY:

(1) MONEY AVAILABLE TO THE PROGRAM SHALL INCLUDE

APPROPRIATIONS AND TRANSFERS FROM THE GENERAL FUND, SPECIAL

FUNDS, FEDERAL FUNDS AND OTHER SOURCES OF REVENUE MADE

AVAILABLE TO THE PROGRAM AND THE COMMISSION.

(2) PROGRAM FUNDING MAY ONLY BE USED FOR THE GRANT AND

TRAINING ACTIVITIES AUTHORIZED UNDER THIS SECTION, AND NO

MONEY MAY BE TRANSFERRED OR DIVERTED TO ANY OTHER PURPOSE BY

ADMINISTRATIVE ACTION.

(3) THE COMMITTEE SHALL HAVE THE OPPORTUNITY TO REVIEW

AND COMMENT ON GRANT APPLICATIONS AND SHALL ENSURE THAT GRANT

FUNDING OR SERVICES PROVIDED UNDER THE PROGRAM ARE

GEOGRAPHICALLY DISPERSED THROUGHOUT THIS COMMONWEALTH.

(4) GRANT MONEY ALLOCATED THROUGH THE PROGRAM SHALL BE

USED TO SUPPLEMENT AND NOT SUPPLANT EXISTING COUNTY SPENDING

ON INDIGENT DEFENSE SERVICES.

(5) NOTHING SHALL PRECLUDE A GRANT RECIPIENT FROM MAKING

AN APPLICATION IN A SUBSEQUENT YEAR FOR THE SAME PURPOSE AND

AMOUNT AWARDED IN A PRIOR YEAR.

20230HB1300PN2107 - 150 -

(6) GRANTS AWARDED SHALL BE CONSISTENT WITH THE

STANDARDS ESTABLISHED BY THE COMMITTEE AND THE STANDARDS

ADOPTED BY THE PENNSYLVANIA SUPREME COURT.

(7) THE COMMISSION MAY RANDOMLY AUDIT AND MONITOR GRANT

RECIPIENTS TO ENSURE THE APPROPRIATE USE OF GRANT FUNDS AND

COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.

(8) THE COMMISSION MAY USE UP TO 10% OF THE MONEY

APPROPRIATED EACH YEAR FOR THE COSTS OF SUPPORTING THE

COMMITTEE AND ADMINISTERING THE PROGRAM, WHICH MAY INCLUDE

THE COSTS RELATING TO THE EMPLOYMENT OF PERSONNEL, PROVIDING

TECHNICAL ASSISTANCE TO GRANTEES AND EVALUATING THE IMPACT OF

INITIATIVES SUPPORTED BY THE GRANTS.

SECTION 8. SECTION 1601.2-E(E)(1)(II) OF THE ACT, AMENDED

JULY 11, 2022 (P.L.540, NO.54), IS AMENDED TO READ:

SECTION 1601.2-E. OIL AND GAS LEASE FUND.

* * *

(E) ANNUAL TRANSFERS.--THE FOLLOWING APPLY:

(1) * * *

(II) NO AMOUNT SHALL BE TRANSFERRED FROM THE FUND TO

THE MARCELLUS LEGACY FUND FOR DISTRIBUTION TO THE

ENVIRONMENTAL STEWARDSHIP FUND FOR THE 2019-2020, 2020-

2021, 2021-2022 [AND], 2022-2023 AND 2023-2024 FISCAL

YEAR.

* * *

SECTION 9. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1607-M. DESIGNATED MUNICIPAL AGENT AND A UTHORIZED

SALVOR FOR CITY OF THE FIRST CLASS.

FOR PURPOSES OF 75 PA.C.S. § 7304.1 (RELATING TO REPORTS AND

REMOVAL OF ABANDONED VEHICLES WITHIN THE BOUNDARIES OF A CITY OF

THE FIRST CLASS OR SECOND CLASS), A DESIGNATED MUNICIPAL AGENCY

20230HB1300PN2107 - 151 -

AND AN AUTHORIZED SALVOR FOR A CITY OF THE FIRST CLASS SHALL

MEAN THE PHILADELPHIA PARKING AUTHORITY.

SECTION 1608-M. OPERATION AS TAXICAB.

(A) PROHIBITION.--NOTWITHSTANDING 53 PA.C.S. §§ 5714

(RELATING TO CERTIFICATE AND MEDALLION REQUIRED) AND 57B02(C)(6)

(RELATING TO REGULATION OF TAXICABS AND LIMOUSINES), NO VEHICLE

WHICH IS MORE THAN 10 MODEL YEARS OLD, OR 12 MODEL YEARS OLD IF

THE VEHICLE IS AN ALTERNATIVE FUEL VEHICLE, OR HAS BEEN DRIVEN

MORE THAN 350,000 MILES, SHALL CONTINUE IN OPERATION AS A

TAXICAB.

(B) AUTHORIZATION.--NOTWITHSTANDING SUBSECTION (A), THE

AUTHORITY MAY AUTHORIZE THE OPERATION OF ANTIQUE VEHICLES IN

CALL OR DEMAND SERVICE IN CIRCUMSTANCES AS THE AUTHORITY MAY

DEEM APPROPRIATE.

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ALTERNATIVE FUEL VEHICLE." AS DEFINED IN SECTION 2 OF THE

ACT OF NOVEMBER 29, 2004 (P.L.1376, NO.178), KNOWN AS THE

ALTERNATIVE FUELS INCENTIVE ACT.

"AUTHORITY." AS DEFINED IN 53 PA.C.S. § 5701 (RELATING TO

DEFINITIONS).

"TAXICAB." AS DEFINED IN 53 PA.C.S. § 5701.

SECTION 9.1. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1602-O. STATEWIDE QUALITY CARE ASSESSMENT.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ASSESSMENT

AUTHORIZED AND IMPLEMENTED UNDER ARTICLE VIII-G OF THE ACT OF

JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE,

SHALL CONTINUE AND REMAIN IN EFFECT UNTIL JUNE 30, 2028.

BEGINNING JULY 1, 2023, THE FOLLOWING APPLY:

20230HB1300PN2107 - 152 -

(1) FOR FISCAL YEAR 2023-2024, EACH COVERED HOSPITAL

SHALL BE ASSESSED AN AMOUNT EQUAL TO 3.54% OF THE NET

INPATIENT REVENUE OF THE COVERED HOSPITAL AND 1.78% OF THE

NET OUTPATIENT REVENUE OF THE COVERED HOSPITAL.

(2) FOR FISCAL YEARS 2024-2025, 2025-2026, 2026-2027 AND

2027-2028, EACH COVERED HOSPITAL SHALL BE ASSESSED AN AMOUNT

EQUAL TO 4.36% OF THE NET INPATIENT REVENUE OF THE COVERED

HOSPITAL AND 2.20% OF THE NET OUTPATIENT REVENUE OF THE

COVERED HOSPITAL.

(3) FOR PURPOSES OF CALCULATING THE ANNUAL ASSESSMENT

AMOUNT OWED ON OR AFTER JULY 1, 2023, THE SECRETARY OF HUMAN

SERVICES MAY REQUIRE THE USE OF NET INPATIENT REVENUE AND NET

OUTPATIENT REVENUE AMOUNTS AS IDENTIFIED IN THE RECORDS OF

COVERED HOSPITALS FOR A STATE FISCAL YEAR COMMENCING ON OR

AFTER JULY 1, 2018. IF THE SECRETARY OF HUMAN SERVICES

DECIDES THAT THE NET INPATIENT AND NET OUTPATIENT REVENUE

AMOUNTS SHOULD BE BASED ON A STATE FISCAL YEAR COMMENCING ON

OR AFTER JULY 1, 2019, THE SECRETARY OF HUMAN SERVICES SHALL

TRANSMIT A NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA

BULLETIN SPECIFYING THE STATE FISCAL YEAR FOR WHICH THE NET

INPATIENT AND NET OUTPATIENT REVENUE AMOUNTS SHALL BE USED AT

LEAST 30 DAYS PRIOR TO THE DATE ON WHICH AN ASSESSMENT AMOUNT

CALCULATED WITH THE REBASED AMOUNTS IS DUE TO BE PAID TO THE

DEPARTMENT.

(4) IF A SINGLE COVERED HOSPITAL CHANGES OWNERSHIP OR

CONTROL, THE DEPARTMENT OF HUMAN SERVICES SHALL CALCULATE THE

ASSESSMENT AS FOLLOWS:

(I) IF THE CHANGE OF OWNERSHIP OCCURS BEFORE JULY 1,

2018, THE DEPARTMENT OF HUMAN SERVICES SHALL CALCULATE

20230HB1300PN2107 - 153 -

THE ASSESSMENT USING THE HOSPITAL'S NET INPATIENT REVENUE

AND NET OUTPATIENT REVENUE AMOUNTS FOR STATE FISCAL YEAR

2018-2019, OR A LATER FISCAL YEAR THAT HAS BEEN SPECIFIED

BY THE SECRETARY OF HUMAN SERVICES IN ACCORDANCE WITH

PARAGRAPH (3).

(II) IF THE CHANGE OF OWNERSHIP OCCURS ON OR AFTER

JULY 1, 2018, THE DEPARTMENT OF HUMAN SERVICES SHALL

CALCULATE THE ASSESSMENT USING THE HOSPITAL'S NET

INPATIENT REVENUE AND NET OUTPATIENT REVENUE AMOUNTS FOR

STATE FISCAL YEAR 2018-2019, OR A LATER FISCAL YEAR THAT

HAS BEEN SPECIFIED BY THE SECRETARY OF HUMAN SERVICES IN

ACCORDANCE WITH PARAGRAPH (3).

(III) IF THE NET INPATIENT REVENUE AND NET

OUTPATIENT REVENUE AMOUNTS FOR THE STATE FISCAL YEAR

2018-2019, OR A LATER FISCAL YEAR THAT HAS BEEN SPECIFIED

BY THE SECRETARY OF HUMAN SERVICES IN ACCORDANCE WITH

PARAGRAPH (3), ARE UNAVAILABLE DUE TO A COVERED

HOSPITAL'S ESTABLISHMENT AS A NEW HOSPITAL UNDER

PARAGRAPH (6), THE DEPARTMENT OF HUMAN SERVICES SHALL

CALCULATE THE ASSESSMENT USING THE HOSPITAL'S NET

INPATIENT REVENUE AND NET OUTPATIENT REVENUE AMOUNTS

UNDER PARAGRAPH (6).

(5) IF TWO OR MORE HOSPITALS MERGE OR CONSOLIDATE INTO A

SINGLE COVERED HOSPITAL AS A RESULT OF A CHANGE IN OWNERSHIP

OR CONTROL, THE DEPARTMENT OF HUMAN SERVICES SHALL CALCULATE

THE ASSESSMENT AMOUNT OWED BY THE SINGLE COVERED HOSPITAL

RESULTING FROM THE MERGER OR CONSOLIDATION AS FOLLOWS:

(I) IF THE MERGER OR CONSOLIDATION OCCURS BEFORE

JULY 1, 2018, THE DEPARTMENT OF HUMAN SERVICES SHALL

CALCULATE THE ASSESSMENT USING THE MERGED OR CONSOLIDATED

20230HB1300PN2107 - 154 -

HOSPITALS' COMBINED NET INPATIENT REVENUE AND NET

OUTPATIENT REVENUE AMOUNTS FOR STATE FISCAL YEAR 2018-

2019, OR A LATER FISCAL YEAR THAT HAS BEEN SPECIFIED BY

THE SECRETARY OF HUMAN SERVICES IN ACCORDANCE WITH

PARAGRAPH (3).

(II) IF THE MERGER OR CONSOLIDATION OCCURS ON OR

AFTER JULY 1, 2018, THE DEPARTMENT OF HUMAN SERVICES

SHALL CALCULATE THE ASSESSMENT USING THE MERGED OR

CONSOLIDATED HOSPITALS' COMBINED NET INPATIENT REVENUE

AND NET OUTPATIENT REVENUE AMOUNTS FOR STATE FISCAL YEAR

2018-2019, OR A LATER FISCAL YEAR THAT HAS BEEN SPECIFIED

BY THE SECRETARY OF HUMAN SERVICES IN ACCORDANCE WITH

PARAGRAPH (3).

(III) IF ONE OR MORE HOSPITAL'S NET INPATIENT

REVENUE AND NET OUTPATIENT REVENUE AMOUNTS FOR THE STATE

FISCAL YEAR 2018-2019, OR A LATER FISCAL YEAR THAT HAS

BEEN SPECIFIED BY THE SECRETARY OF HUMAN SERVICES IN

ACCORDANCE WITH PARAGRAPH (3), ARE UNAVAILABLE DUE TO A

HOSPITAL'S ESTABLISHMENT AS A NEW HOSPITAL UNDER

PARAGRAPH (6), THE DEPARTMENT OF HUMAN SERVICES SHALL

CALCULATE THE ASSESSMENT AS FOLLOWS:

(A) THE DEPARTMENT OF HUMAN SERVICES SHALL

CALCULATE A NEW HOSPITAL'S NET INPATIENT REVENUE AND

NET OUTPATIENT REVENUE AMOUNTS UNDER PARAGRAPH (6).

(B) FOR A HOSPITAL THAT IS NOT NEW HOSPITAL, THE

DEPARTMENT OF HUMAN SERVICES SHALL CALCULATE THE

HOSPITAL'S NET INPATIENT REVENUE AND NET OUTPATIENT

REVENUE AMOUNTS FOR STATE FISCAL YEAR 2018-2019, OR A

LATER FISCAL YEAR THAT HAS BEEN SPECIFIED BY THE

SECRETARY OF HUMAN SERVICES IN ACCORDANCE WITH

20230HB1300PN2107 - 155 -

PARAGRAPH (3).

COMBINE THE AMOUNT CALCULATED UNDER CLAUSE (A) WITH

THE AMOUNT CALCULATED UNDER CLAUSE (B) TO DETERMINE

THE COMBINED NET INPATIENT REVENUE AND NET OUTPATIENT

REVENUE AMOUNTS FOR THE MERGED OR CONSOLIDATED

HOSPITALS.

(6) A HOSPITAL THAT BEGINS OPERATION AS A COVERED

HOSPITAL AFTER JULY 1, 2018, SHALL BE ASSESSED AS FOLLOWS:

(I) DURING THE STATE FISCAL YEAR IN WHICH A COVERED

HOSPITAL BEGINS OPERATION OR IN WHICH A HOSPITAL BECOMES

A COVERED HOSPITAL, THE COVERED HOSPITAL IS NOT SUBJECT

TO THE ASSESSMENT.

(II) FOR THE STATE FISCAL YEAR FOLLOWING THE STATE

FISCAL YEAR UNDER SUBPARAGRAPH (I), THE DEPARTMENT OF

HUMAN SERVICES SHALL CALCULATE THE HOSPITAL'S ASSESSMENT

AMOUNT USING THE NET INPATIENT REVENUE AND NET OUTPATIENT

REVENUE FROM THE STATE FISCAL YEAR IN WHICH THE COVERED

HOSPITAL BEGAN OPERATION OR BECAME A COVERED HOSPITAL

THROUGH THE END OF THE STATE FISCAL YEAR.

(III) FOR THE STATE FISCAL YEAR FOLLOWING THE FIRST

FULL STATE FISCAL YEAR UNDER SUBPARAGRAPH (II), THE

DEPARTMENT OF HUMAN SERVICES SHALL CALCULATE THE

HOSPITAL'S ASSESSMENT AMOUNT USING THE NET INPATIENT AND

NET OUTPATIENT REVENUE FROM THE PRIOR STATE FISCAL YEAR.

FOR SUBSEQUENT STATE FISCAL YEARS, THE DEPARTMENT OF

HUMAN SERVICES SHALL USE THE NET INPATIENT REVENUE AND

NET OUTPATIENT REVENUE CALCULATED UNDER THIS

SUBPARAGRAPH, OR A LATER FISCAL YEAR THAT HAS BEEN

SPECIFIED BY THE SECRETARY OF HUMAN SERVICES IN

20230HB1300PN2107 - 156 -

ACCORDANCE WITH PARAGRAPH (3).

(IV) IF ESTIMATED NET INPATIENT REVENUE AND NET

OUTPATIENT REVENUE IS USED IN CALCULATING A HOSPITAL'S

ASSESSMENT UNDER THIS PARAGRAPH, THE DEPARTMENT OF HUMAN

SERVICES SHALL RECONCILE ANY AMOUNTS RECEIVED BASED ON

REPORTED ACTUAL NET INPATIENT REVENUES AND NET OUTPATIENT

REVENUES.

(6.1) A COVERED HOSPITAL SHALL PAY THE ASSESSMENT AMOUNT

DUE FOR A FISCAL YEAR IN FOUR QUARTERLY INSTALLMENTS. PAYMENT

OF A QUARTERLY INSTALLMENT SHALL BE MADE ELECTRONICALLY ON OR

BEFORE THE FIRST DAY OF THE SECOND MONTH OF THE QUARTER OR 30

DAYS FROM THE DATE OF THE NOTICE OF THE QUARTERLY ASSESSMENT

AMOUNT, WHICHEVER DAY IS LATER.

(7) FOR STATE FISCAL YEAR 2023-2024, THE AMOUNT USED FOR

THE MEDICAL ASSISTANCE PAYMENT FOR HOSPITALS AND MEDICAL

ASSISTANCE MANAGED CARE ORGANIZATIONS MAY NOT EXCEED THE

AGGREGATE AMOUNT OF THE ASSESSMENT MONEY COLLECTED FOR THE

YEAR LESS $368,000,000.

(8) FOR STATE FISCAL YEARS 2024-2025, 2025-2026, 2026-

2027 AND 2027-2028, THE AMOUNT USED FOR THE MEDICAL

ASSISTANCE PAYMENT FOR HOSPITALS AND MEDICAL ASSISTANCE

MANAGED CARE ORGANIZATIONS MAY NOT EXCEED THE AGGREGATE

AMOUNT OF THE ASSESSMENT MONEY COLLECTED FOR THE YEAR LESS

$452,000,000.

(9) THE AMOUNT RETAINED BY THE DEPARTMENT OF HUMAN

SERVICES UNDER PARAGRAPHS (7) AND (8) AND ANY ADDITIONAL

AMOUNTS REMAINING IN THE QUALITY CARE ASSESSMENT ACCOUNT

AFTER PAYMENTS ARE MADE UNDER SECTION 805-G OF THE HUMAN

SERVICES CODE SHALL BE USED FOR PURPOSES APPROVED BY THE

SECRETARY OF HUMAN SERVICES UNDER SECTION 805-G(A)(3) OF THE

20230HB1300PN2107 - 157 -

HUMAN SERVICES CODE, SUBJECT TO SECTION 805-G(B)(7) OF THE

HUMAN SERVICES CODE.

(10) EXCEPT AS PROVIDED IN THIS SECTION, THE STATEWIDE

QUALITY CARE ASSESSMENT SHALL REMAIN SUBJECT TO THE

PROVISIONS OF ARTICLE VIII-G OF THE HUMAN SERVICES CODE.

NOTWITHSTANDING SECTION 443.1(1.1)(I) OF THE HUMAN SERVICES

CODE, AND SUBJECT TO SECTION 813-G OF THE HUMAN SERVICES

CODE, FOR INPATIENT HOSPITAL SERVICES PROVIDED DURING A

FISCAL YEAR IN WHICH AN ASSESSMENT IS IMPOSED, PAYMENTS UNDER

THE MEDICAL ASSISTANCE FEE-FOR-SERVICE PROGRAM SHALL BE

DETERMINED IN ACCORDANCE WITH THE DEPARTMENT OF HUMAN

SERVICES' REGULATIONS, EXCEPT IF THE COMMONWEALTH'S APPROVED

TITLE XIX STATE PLAN FOR INPATIENT HOSPITAL SERVICES IN

EFFECT FOR THE PERIOD OF JULY 1, 2010, THROUGH JUNE 30, 2028,

SPECIFIES A METHODOLOGY FOR CALCULATING PAYMENTS THAT IS

DIFFERENT FROM THE DEPARTMENT OF HUMAN SERVICES' REGULATIONS

OR AUTHORIZES ADDITIONAL PAYMENTS NOT SPECIFIED IN THE

DEPARTMENT OF HUMAN SERVICES' REGULATIONS, SUCH AS INPATIENT

DISPROPORTIONATE SHARE PAYMENTS AND DIRECT MEDICAL EDUCATION

PAYMENTS, THE DEPARTMENT OF HUMAN SERVICES SHALL FOLLOW THE

METHODOLOGY OR MAKE THE ADDITIONAL PAYMENTS AS SPECIFIED IN

THE APPROVED TITLE XIX STATE PLAN.

SECTION 9.2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO

READ:

ARTICLE XVI-Q.1

TRANSPORTATION PILOT PROGRAMS

SECTION 1601-Q.1. 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:

20230HB1300PN2107 - 158 -

"ABANDONED SHARED ELECTRIC LOW-SPEED SCOOTER." A SHARED

ELECTRIC LOW-SPEED SCOOTER THAT MEETS ALL OF FOLLOWING:

(1) THE USER OF THE SHARED ELECTRIC LOW-SPEED SCOOTER IS

NOT VISIBLE TO A PERSON MAKING AN INITIAL REPORT ON A

CITIZENS' HOTLINE UNDER SECTION 1605-Q.1(9) THAT THE SHARED

ELECTRIC LOW-SPEED SCOOTER IS ABANDONED.

(2) THE SHARED ELECTRIC LOW-SPEED SCOOTER IS ILLEGALLY

PARKED ON A HIGHWAY OR IS ON ANY PROPERTY THAT A SHARED

ELECTRIC LOW-SPEED SCOOTER IS PROHIBITED TO BE USED OR KEPT

ON UNDER THIS ARTICLE OR LOCAL ORDINANCE OR EXECUTIVE ORDER.

"COMMERCIAL ELECTRIC SCOOTER ENTERPRISE." A PERSON THAT

MAKES ELECTRIC LOW-SPEED SCOOTERS AVAILABLE FOR RENT TO THE

PUBLIC FOR USE AS DETERMINED BY A CITY OF THE SECOND CLASS.

"ELECTRIC LOW-SPEED SCOOTER." AS FOLLOWS:

(1) A DEVICE WEIGHING LESS THAN 100 POUNDS THAT:

(I) HAS HANDLEBARS AND AN ELECTRIC MOTOR;

(II) HAS A FLOORBOARD WHICH CAN BE STOOD UPON WHILE

RIDING;

(III) IS SOLELY POWERED BY THE ELECTRIC MOTOR OR

HUMAN POWER, OR BOTH; AND

(IV) IS DESIGNED TO TRANSPORT ONE INDIVIDUAL.

(2) THE TERM DOES NOT INCLUDE AN "ELECTRIC PERSONAL

ASSISTIVE MOBILITY DEVICE," A "MOTOR-DRIVEN CYCLE," A

"MOTORCYCLE," A "MOTORIZED PEDALCYCLE" OR A "PEDALCYCLE WITH

ELECTRIC ASSIST" AS DEFINED IN 75 PA.C.S. § 102 (RELATING TO

DEFINITIONS).

"DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE

COMMONWEALTH.

"FREEWAY." AS DEFINED IN 75 PA.C.S. § 102.

"HIGHWAY." AS DEFINED IN 75 PA.C.S. § 102.

20230HB1300PN2107 - 159 -

"LOCAL AUTHORITIES." AS DEFINED IN 75 PA.C.S. § 102.

"PEDALCYCLE." AS DEFINED IN 75 PA.C.S. § 102.

"ROADWAY." AS DEFINED IN 75 PA.C.S. § 102.

SECTION 1602-Q.1. ELECTRIC LOW-SPEED SCOOTER PILOT PROGRAM.

(A) REQUIREMENT.--AN ELECTRIC LOW-SPEED SCOOTER MAY ONLY BE

OPERATED ON A PEDALCYCLE LANE ON A ROADWAY, A ROADWAY OR A

PEDALCYCLE PATH WITHIN THE BOUNDARIES OF A CITY OF THE SECOND

CLASS WHERE AN ORDINANCE AND EXECUTIVE ORDER HAVE BEEN ISSUED

AUTHORIZING THE OPERATION OF ELECTRIC LOW-SPEED SCOOTERS UNDER A

MICRO-MOBILITY PILOT PROJECT AS PROVIDED UNDER SUBSECTION (B).

OTHER PLACES TO OPERATE AN ELECTRIC LOW-SPEED SCOOTER WITHIN THE

BOUNDARIES OF THE CITY MAY BE AUTHORIZED BY EXECUTIVE ORDER, IN

CONSULTATION WITH THE PROPERTY OWNER. A CITY OF THE SECOND CLASS

SHALL ADOPT AN ORDINANCE AND EXECUTIVE ORDER AUTHORIZING THE

SHARED ELECTRIC LOW-SPEED SCOOTER PILOT PROGRAM BY DECEMBER 31,

2023.

(B) MICRO-MOBILITY PILOT PROJECT.--AN EXECUTIVE ORDER MAY BE

ISSUED IN A CITY OF THE SECOND CLASS WHICH AUTHORIZES THE USE OF

ELECTRIC LOW-SPEED SCOOTERS UNDER A MICRO-MOBILITY PILOT PROJECT

TO COMMENCE IN THE CITY AND WHICH PROVIDES A LIMITED FLEET OF

ELECTRIC LOW-SPEED SCOOTERS, AS DETERMINED BY THE CITY, WITHIN

THE BOUNDARIES OF THE CITY.

OPERATING AN ELECTRIC LOW-SPEED SCOOTER AUTHORIZED UNDER

SUBSECTION (A) SHALL BE GRANTED THE RIGHTS AND SHALL BE SUBJECT

TO THE DUTIES APPLICABLE TO THE OPERATOR OF A PEDALCYCLE UNDER

75 PA.C.S. CH. 35 SUBCH. A (RELATING TO OPERATION OF

PEDALCYCLES).

(D) AGE REQUIREMENT.--

(1) AN INDIVIDUAL UNDER 16 YEARS OF AGE MAY NOT OPERATE

20230HB1300PN2107 - 160 -

AN ELECTRIC LOW-SPEED SCOOTER ON A ROADWAY UNLESS PERMITTED

BY LOCAL ORDINANCE.

(2) A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE MAY NOT

RENT AN ELECTRIC LOW-SPEED SCOOTER TO AN INDIVIDUAL UNDER 16

YEARS OF AGE.

(E) SPEED REQUIREMENT.--AN INDIVIDUAL MAY NOT OPERATE AN

ELECTRIC LOW-SPEED SCOOTER ON A PEDALCYCLE LANE ON A HIGHWAY, A

ROADWAY OR A PEDALCYCLE PATH AT A SPEED GREATER THAN 15 MILES

PER HOUR.

(F) LAMPS AND REFLECTORS.--EACH ELECTRIC LOW-SPEED SCOOTER

OPERATED BETWEEN SUNSET AND SUNRISE SHALL BE EQUIPPED ON THE

FRONT WITH A LAMP WHICH EMITS A BEAM OF WHITE LIGHT INTENDED TO

ILLUMINATE THE ELECTRIC LOW-SPEED SCOOTER'S PATH AND IS VISIBLE

FROM A DISTANCE OF AT LEAST 500 FEET IN FRONT, A RED LAMP FACING

TO THE REAR WHICH IS VISIBLE AT LEAST 500 FEET TO THE REAR AND A

REFLECTOR ON EACH SIDE. A LAMP WORN BY THE OPERATOR OF THE

ELECTRIC LOW-SPEED SCOOTER SHALL COMPLY WITH THE REQUIREMENTS OF

THIS SUBSECTION IF THE LAMP CAN BE SEEN AT THE DISTANCES

SPECIFIED UNDER THIS SUBSECTION.

(G) OPERATION PROHIBITED ON FREEWAYS.--AN INDIVIDUAL MAY NOT

OPERATE AN ELECTRIC LOW-SPEED SCOOTER ON A FREEWAY OR ON

HIGHWAYS AND STREETS WITH A POSTED SPEED LIMIT OF 35 MILES PER

HOUR OR MORE.

(H) OPERATION ON SIDEWALKS.--AN INDIVIDUAL MAY NOT OPERATE

AN ELECTRIC LOW-SPEED SCOOTER ON A SIDEWALK UNLESS THE SHARED

ELECTRIC LOW-SPEED SCOOTER IS UPRIGHT AND APPROPRIATELY DOCKED

IN A DESIGNATED PARKING AREA AS DETERMINED BY A CITY OF THE

SECOND CLASS.

SECTION 1603-Q.1. POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.

THIS ARTICLE SHALL NOT BE DEEMED TO PREVENT THE DEPARTMENT

20230HB1300PN2107 - 161 -

ON STATE-DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON STREETS OR

HIGHWAYS WITHIN THE LOCAL AUTHORITY'S PHYSICAL BOUNDARIES FROM

THE REASONABLE EXERCISE OF THE DEPARTMENT'S OR THE LOCAL

AUTHORITY'S POLICE POWERS.

SECTION 1604-Q.1. SAFETY ISSUES.

IF A PROGRAM INCLUDES THE USE OF A HIGHWAY OWNED OR UNDER THE

JURISDICTION OF THE DEPARTMENT, THE DEPARTMENT MAY RESTRICT

ACCESS, PERMANENTLY OR TEMPORARILY, TO A HIGHWAY SEGMENT FOR THE

PROGRAM WHEN A PATTERN OF SAFETY ISSUES HAS BEEN IDENTIFIED BY

THE DEPARTMENT THAT CANNOT BE REASONABLY CORRECTED. THE

DEPARTMENT SHALL ESTABLISH A PROCESS TO:

(1) EVALUATE A SAFETY ISSUE UNDER THIS ARTICLE. THE

PROCESS UNDER THIS PARAGRAPH SHALL BE LIMITED TO THE

EVALUATION OF ACCIDENTS AND DAMAGE TO PROPERTY ON A HIGHWAY

OWNED OR UNDER THE JURISDICTION OF THE DEPARTMENT.

(2) COMMUNICATE A SAFETY ISSUE UNDER THIS ARTICLE AND

CONSULT WITH A CITY OF THE SECOND CLASS AND COMMERCIAL

ELECTRIC SCOOTER ENTERPRISE PRIOR TO RESTRICTING ACCESS,

PERMANENTLY OR TEMPORARILY, TO THE HIGHWAY OWNED OR UNDER THE

JURISDICTION OF THE DEPARTMENT FOR THE PROGRAM.

SECTION 1605-Q.1. ORDINANCES, POLICIES AND REGULATIONS.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CITY OF THE

SECOND CLASS MAY ADOPT AN ORDINANCE, REGULATION OR POLICY FOR

THE SAFETY, OPERATION AND MANAGEMENT OF ELECTRIC LOW-SPEED

SCOOTERS. IF AN ELECTRIC LOW-SPEED SCOOTER OPERATES ON A ROADWAY

OWNED BY THE DEPARTMENT, THE DEPARTMENT SHALL BE CONSULTED PRIOR

TO THE ADOPTION OF THE ORDINANCE, POLICY OR REGULATION. IF A

CITY OF THE SECOND CLASS ADOPTS AN ORDINANCE TO ESTABLISH THE

OPERATION OF A SHARED ELECTRIC LOW-SPEED SCOOTER PILOT PROGRAM,

THE ORDINANCE SHALL INCLUDE, AT A MINIMUM, ALL OF THE FOLLOWING:

20230HB1300PN2107 - 162 -

(1) OPERATING GUIDANCE, INCLUDING PERMITTED AREAS,

PROHIBITED AREAS, CUSTOMER SERVICE SUPPORT, AGE REQUIREMENTS,

SPEED REQUIREMENTS, GEOFENCING, RIDER LIMIT, FLEET SIZE AND

MAINTENANCE, PEDESTRIAN INTERACTION, PARKING AND CHARGING

STATIONS.

(2) DATA MANAGEMENT AND REPORTING.

(3) EDUCATION, PUBLIC AWARENESS AND PUBLIC

PARTICIPATION.

(4) VIOLATIONS AND ENFORCEMENT.

(5) FARE STRUCTURE.

(6) INSURANCE.

(7) REQUIREMENTS FOR THE COLLECTION AND RETURN OF

ABANDONED SHARED ELECTRIC LOW-SPEED SCOOTERS.

(8) ENFORCEMENT MECHANISMS FOR TAKING REPORTS OF

ABANDONED SCO OTERS AND FOR THE COLLECTION OF FINES UNDER

SECTION 1611-Q.1 .

(9) THE ESTABLISHMENT OF A CITIZENS' COMPLAINT HOTLINE

FOR REPORTING ABANDONED SHARED ELECTRIC LOW-SPEED SCOOTERS OR

OTHER VIOLATIONS UNDER THIS ARTICLE OR AN ORDINANCE ADOPTED

UNDER THIS ARTICLE AND FOR A REQUIREMENT THAT THE HOTLINE

NUMBER BE DISPLAYED ON EACH ELECTRIC LOW-SPEED SCOOTER. THE

HOTLINE MAY BE AN EXISTING 3-1-1 RESPONSE CENTER OPERATED BY

A CITY OF THE SECOND CLASS.

SECTION 1606-Q.1. PRESUMPTION.

FOR THE PURPOSES OF THIS ARTICLE, IT IS PRESUMED TO BE A

REASONABLE EXERCISE OF POLICE POWER TO REGULATE THE USE OF

ELECTRIC LOW-SPEED SCOOTERS CONSISTENT WITH THE REGULATION OF

PEDALCYCLES UNDER 75 PA.C.S. CH. 35 SUBCH. A. (RELATING TO

OPERATION OF PEDALCYCLES).

SECTION 1607-Q.1. APPLICATION.

20230HB1300PN2107 - 163 -

NOTWITHSTANDING 75 PA.C.S. CH. 11 SUBCH. A (RELATING TO

CERTIFICATE OF TITLE) OR 13 SUBCH. A (RELATING TO GENERAL

PROVISIONS), ELECTRIC LOW-SPEED SCOOTERS AUTHORIZED UNDER THIS

ARTICLE SHALL NOT BE REQUIRED TO COMPLY WITH CERTIFICATE OF

TITLE OR VEHICLE REGISTRATION REQUIREMENTS UNDER 75 PA.C.S.

(RELATING TO VEHICLES).

SECTION 1608-Q.1. CONSTRUCTION.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,

AN ELECTRIC LOW-SPEED SCOOTER UNDER THIS ARTICLE SHALL NOT BE

CONSTRUED AS A "MOTOR VEHICLE" AS DEFINED IN 75 PA.C.S. § 102

(RELATING TO DEFINITIONS).

SECTION 1609-Q.1. REPORT.

A CITY OF THE SECOND CLASS, IN COORDINATION WITH THE

DEPARTMENT, SHALL PREPARE A REPORT ON THE MICRO-MOBILITY PILOT

PROGRAM 60 DAYS PRIOR TO THE EXPIRATION OF THE MICRO-MOBILITY

PILOT PROGRAM. THE REPORT SHALL BE POSTED ON THE PUBLICLY

ACCESSIBLE INTERNET WEBSITES OF THE DEPARTMENT AND THE CITY OF

THE SECOND CLASS. THE REPORT SHALL:

(1) INCLUDE THE NUMBER OF RIDES, THE NUMBER OF

ACCIDENTS, THE NUMBER OF REPORTED ABANDONED ELECTRIC LOW-

SPEED SCOOTERS, THE NUMBER OF FINES IMPOSED FOR VIOLATIONS

UNDER SECTION 1611-Q.1, FREQUENCY OF USE, AN ORDINANCE,

REGULATION OR POLICY ADOPTED UNDER SECTION 1605-Q.1 AND

SAFETY, MOBILITY AND ECONOMIC IMPACTS.

(2) BE SUBMITTED TO THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE SENATE AND

THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

SECTION 1610-Q.1. FINANCIAL RESPONSIBILITY.

A CITY OF THE SECOND CLASS SHALL REQUIRE FINANCIAL

20230HB1300PN2107 - 164 -

RESPONSIBILITY FOR A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE AS

FOLLOWS:

(1) A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE SHALL

MAINTAIN THE FOLLOWING INSURANCE THAT IS IN EFFECT FOR THE

DURATION OF THE MICRO-MOBILITY PILOT PROJECT:

(I) COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE

WITH A LIMIT OF AT LEAST $2,000,000 FOR EACH OCCURRENCE

AND $2,000,000 IN THE AGGREGATE;

(II) AUTOMOBILE INSURANCE COVERAGE WITH A LIMIT OF

AT LEAST $1,000,000 FOR EACH OCCURRENCE AND $1,000,000 IN

THE AGGREGATE; AND

(III) WHEN THE COMMERCIAL ELECTRIC SCOOTER

ENTERPRISE EMPLOYS AN INDIVIDUAL, WORKERS' COMPENSATION

COVERAGE OF NO LESS THAN REQUIRED BY LAW.

(2) A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE SHALL

PROVIDE PROOF OF INSURANCE COVERAGE TO THE CITY TO SATISFY

THE REQUIREMENTS OF THIS SECTION.

SECTION 1611-Q.1. PENALTIES.

THE FOLLOWING SHALL APPLY IN ADDITION TO ANY FINES OR

PENALTIES RELATED TO A PEDALCYCLE:

(1) A CITY OF THE SECOND CLASS OR AN AUTHORIZED

MUNICIPALITY MAY IMPOSE A FINE UP TO $50 FOR FAILING TO

OPERATE A SHARED ELECTRIC LOW-SPEED SCOOTER CONSISTENT WITH

THIS ARTICLE.

(2) A CITY OF THE SECOND CLASS OR AN AUTHORIZED

MUNICIPALITY MAY IMPOSE A FINE OF UP TO $150 FOR FAILING TO

PARK A SHARED ELECTRIC LOW-SPEED SCOOTER CONSISTENT WITH THIS

ARTICLE.

(3) A CITY OF THE SECOND CLASS MAY IMPOSE A FINE ON A

COMMERCIAL ELECTRIC SCOOTER ENTERPRISE OF UP TO $150 PER DAY

20230HB1300PN2107 - 165 -

FOR EACH ABANDONED SHARED ELECTRIC LOW-SPEED SCOOTER THAT IS

NOT COLLECTED AND RETURNED TO A CORRAL OR STORAGE WITHIN

THREE HOURS OF THE SCOOTER'S ABANDONMENT.

(4) IN ADDITION TO ANY FINES THAT MAY BE IMPOSED, THE

CITY MAY IMPOSE A CIVIL PENALTY ON A COMMERCIAL ELECTRIC

SCOOTER ENTERPRISE THAT DOES NOT PROVIDE THE INSURANCE

REQUIRED UNDER THIS ARTICLE IN AN AMOUNT NOT TO EXCEED $1,000

PER DAY THE COMMERCIAL ELECTRIC SCOOTER ENTERPRISE IS

OPERATED WITHOUT PROVIDING THE REQUIRED INSURANCE. A CIVIL

PENALTY COLLECTED UNDER THIS PARAGRAPH BY THE CITY SHALL BE

USED FOR THE SAFETY, OPERATION AND MANAGEMENT OF ELECTRIC

LOW-SPEED SCOOTERS OR PEDALCYCLES.

SECTION 1612-Q.1. EXPIRATION.

THIS ARTICLE SHALL EXPIRE ONE YEAR AFTER THE EFFECTIVE DATE

OF THIS SECTION.

SECTION 9.3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 1607-T. (RESERVED).

SECTION 1608-T. (RESERVED).

SECTION 1609-T. (RESERVED).

SECTION 1610-T. PAYMENT INCREASE FOR DENTAL SERVICES.

(A) USE OF MONEY.--FROM MONEY APPROPRIATED FOR MEDICAL

ASSISTANCE - CAPITATION, $24,000,000 IN STATE FUNDS SHALL BE

USED TO INCREASE RATES PAID BY MANAGED CARE ORGANIZATIONS FOR

SERVICES IDENTIFIED BY THE FOLLOWING LISTED D-CODES: D0120,

D0150, D0272, D0274, D1110, D1120, D1206, D1351, D2391, D2392,

D7140, D0220, D0230, D1208, D2393, D2751, D4341, D5110, D5120,

D5213, D5214, D0330, D2140, D2150, D2331, D2930, D2933, D3220,

D3230, D8080 AND D9230.

(B) APPLICABILITY.--THE FOLLOWING SHALL APPLY:

(1) A MANAGED CARE ORGANIZATION SHALL PASS THE ENTIRETY

20230HB1300PN2107 - 166 -

OF THE RATE INCREASE ONTO DENTAL PROVIDERS WITH WHOM THE

MANAGED CARE ORGANIZATION HAS CONTRACTS TO PROVIDE SERVICES

TO MEDICAID-ENROLLED INDIVIDUALS IN AMOUNTS THAT ARE GREATER

THAN THE AMOUNTS DESCRIBED IN THE MANAGED CARE ORGANIZATION'S

EXISTING CONTRACTS WITH THEIR RESPECTIVE DENTAL PROVIDERS.

(2) THE DEPARTMENT OF HUMAN SERVICES SHALL SEEK A

FEDERAL MATCH ON THE $24,000,000 IN STATE FUNDS.

(3) THE RATE INCREASE UNDER THIS SUBSECTION SHALL TAKE

EFFECT JANUARY 1, 2024.

SECTION 1611-T. ABROGATION OF DEPARTMENT PROCUREMENT.

NOTWITHSTANDING THE PROVISIONS OF SECTION 2334 OF THE ACT OF

APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE

CODE OF 1929, THE DEPARTMENT OF HUMAN SERVICES SHALL WITHDRAW

PENDING PROCUREMENTS FOR MEDICAL ASSISTANCE TRANSPORTATION

SERVICES IN COUNTIES OF THE FIRST CLASS AND REISSUE A REQUEST

FOR PROPOSALS FOR MEDICAL ASSISTANCE TRANSPORTATION SERVICES

WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS SECTION.

SECTION 9.4. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE XVI-U

(RESERVED)

ARTICLE XVI-V

(RESERVED)

ARTICLE XVI-W

ATTORNEY GENERAL

SECTION 1601-W. AUTHORITY OF ATTORNEY GENERAL AND DIRECTOR OF

BUREAU OF CONSUMER PROTECTION.

(A) GENERAL RULE.--NOTWITHSTANDING THE PROVISIONS OF SECTION

919(B) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS

THE ADMINISTRATIVE CODE OF 1929, THE ATTORNEY GENERAL OR HIS

DULY AUTHORIZED REPRESENTATIVE OR EMPLOYEE MAY USE DOCUMENTARY

20230HB1300PN2107 - 167 -

MATERIAL OR COPIES OF DOCUMENTARY MATERIAL PRODUCED PURSUANT TO

A DEMAND UNDER SECTION 919 OF THE ADMINISTRATIVE CODE OF 1929,

AS NECESSARY IN THE ENFORCEMENT OF ANY CIVIL LAWS RELATED TO THE

POWERS AND DUTIES GRANTED TO THE ATTORNEY GENERAL, INCLUDING:

(1) SHARING THE DOCUMENTARY MATERIAL WITH ANY FEDERAL OR

STATE AGENCY OR THEIR DULY AUTHORIZED REPRESENTATIVES OR

EMPLOYEES THAT MAY BE ASSISTING IN THE INVESTIGATION OF THE

SUBJECT MATTER OF THE SUBPOENA; AND

(2) PRESENTATION IN A SUBSEQUENT ADMINISTRATIVE OR

JUDICIAL PROCEEDING.

(B) RESPONSIBILITY OF ATTORNEY GENERAL.--IT SHALL BE THE

RESPONSIBILITY OF THE ATTORNEY GENERAL TO ENSURE THAT NO

DOCUMENTARY MATERIAL PRODUCED UNDER PARAGRAPH (1) SHALL, UNLESS

OTHERWISE ORDERED BY A COURT FOR GOOD CAUSE SHOWN, BE PRODUCED

FOR INSPECTION OR COPYING BY, OR THE CONTENTS BE DISCLOSED TO,

ANY PERSON OTHER THAN THOSE AUTHORIZED BY THIS SECTION.

ARTICLE XVI-X

(RESERVED)

ARTICLE XVI-X.1

MIXED-USE REVITALIZATION

SECTION 1601-X.1. 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:

"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT OF THE COMMONWEALTH.

"DEVELOPMENT." A PLANNED COMMERCIAL AND MIXED-USE PROJECT

WHICH:

(1) IS SITUATED ON AT LEAST 15 ACRES;

(2) IS LOCATED IN A LOW-INCOME TO MODERATE-INCOME AREA;

20230HB1300PN2107 - 168 -

AND

(3) CONTAINS AT LEAST 200,000 SQUARE FEET OF PROPOSED

DEVELOPMENT THAT HAS NOT RECEIVED A CERTIFICATE OF OCCUPANCY

AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.

"FUND." THE MIXED-USE REVITALIZATION FUND ESTABLISHED UNDER

SECTION 1606-X.1.

"PROGRAM." THE MIXED-USE REVITALIZATION FUND PROGRAM

ESTABLISHED UNDER SECTION 1602-X.1.

SECTION 1602-X.1. MIXED-USE REVITALIZATION FUND PROGRAM.

(A) ESTABLISHMENT.--THE MIXED-USE REVITALIZATION FUND

PROGRAM IS ESTABLISHED IN THE DEPARTMENT TO:

(1) INCREASE CORRIDOR MIXED-USE DEVELOPMENT, INCLUDING

AFFORDABLE HOUSING OPPORTUNITIES, THROUGHOUT THIS

COMMONWEALTH.

(2) MAXIMIZE THE LEVERAGING OF PRIVATE AND PUBLIC

RESOURCES.

(3) FOSTER SUSTAINABLE PARTNERSHIPS COMMITTED TO

ADDRESSING COMMUNITY NEEDS.

(4) ENSURE THAT PROGRAM RESOURCES ARE USED TO MEET

COMMUNITY NEEDS EFFECTIVELY AND EFFICIENTLY.

(5) PROVIDE FINANCING TO CRITICAL PROJECTS, INCLUDING

THE ACQUISITION, REDEVELOPMENT AND REVITALIZATION OF

DISTRESSED, UNOCCUPIED AND BLIGHTED PROPERTIES, INCLUDING

EXISTING AND FORMER MALLS.

(B) ELIGIBILITY.--TO BE ELIGIBLE FOR A GRANT UNDER THIS

SECTION, A DEVELOPER MUST AGREE TO PROVIDE MATCHING FUNDS OF AT

LEAST 25% OF THE AMOUNT TO BE GRANTED FOR THE DEVELOPMENT.

SECTION 1603-X.1. APPLICATION AND DETERMINATION.

(A) APPLICATION.--THE DEPARTMENT SHALL MAKE AVAILABLE TO AN

ELIGIBLE DEVELOPER AN APPLICATION THAT REQUIRES INFORMATION AS

20230HB1300PN2107 - 169 -

DETERMINED NECESSARY BY THE DEPARTMENT TO VERIFY THE NEED FOR

THE DEVELOPMENT AND TO DETERMINE THE AMOUNT OF GRANTS UNDER THIS

ARTICLE.

(B) DETERMINATION.--UPON A DETERMINATION OF ELIGIBILITY FOR

A GRANT UNDER THIS SECTION, THE DEPARTMENT SHALL PROVIDE THE

DEVELOPER WITH A LETTER OF COMMITMENT INDICATING THE CONDITIONAL

GRANT AMOUNT.

SECTION 1604-X.1. PAYMENT AND REPAYMENT.

(A) ADVANCE.--THE DEPARTMENT SHALL ADVANCE THE GRANT MONEY

DIRECTLY TO THE LOCAL MUNICIPALITY FOR FUND ADMINISTRATION OF

THE DEVELOPMENT WITHIN THIS COMMONWEALTH. GRANT FUNDS SHALL BE

ADVANCED SIMULTANEOUSLY ON A PRO RATA BASIS WITH THE REQUIRED

MATCHING FUNDS DELIVERED BY THE DEVELOPER AT THE TIME OF CLOSING

OR DURING CONSTRUCTION AS DRAW REQUESTS WHICH ARE PRESENTED IN A

TIMELY MANNER.

(B) REPAYMENT OBLIGATION.--

(1) IN ORDER TO ESTABLISH A SUSTAINABLE REVOLVING

PROGRAM, THE APPLICANT SHALL AGREE TO REPAY UP TO 50% OF THE

PRINCIPAL AMOUNT GRANTED UNDER THE PROGRAM TO THE

COMMONWEALTH ONCE THE DEVELOPMENT:

(I) HAS ACHIEVED STABILIZATION, DEFINED AS WHEN THE

DEVELOPMENT SECURES CONVENTIONAL FINANCING AT TERMS THAT

CAN SUPPORT A DEBT SERVICE COVERAGE RATIO OF 1.3 TO 1;

AND

(II) RECOGNIZES EXCESS PROCEEDS AVAILABLE FROM

POSTSTABILIZATION REFINANCING ACTIVITIES.

(2) AMOUNTS DUE UNDER THE APPLICANTS REPAYMENT

OBLIGATION SHALL BE PAID TO THE COMMONWEALTH WITHIN 120 DAYS

OF THE END OF THE PRECEDING CALENDAR YEAR.

20230HB1300PN2107 - 170 -

NOT PROHIBIT THE DEVELOPMENT FROM COMBINING OTHER AVAILABLE

FEDERAL, STATE, LOCAL AND COUNTY FUNDING PROGRAMS.

SECTION 1605-X.1. REPORT.

THE DEPARTMENT SHALL PROVIDE A REPORT CONTAINING A LIST OF

THE DEVELOPMENTS FUNDED THROUGH THE PROGRAM BY JULY 1, 2024, TO:

(1) THE GOVERNOR.

(2) THE AUDITOR GENERAL.

(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

URBAN AFFAIRS AND HOUSING COMMITTEE OF THE SENATE.

(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

COMMERCE COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

SECTION 1606-X.1. MIXED-USE REVITALIZATION FUND.

(A) ESTABLISHMENT.--THE MIXED-USE REVITALIZATION FUND IS

ESTABLISHED IN THE STATE TREASURY.

(B) (RESERVED).

ARTICLE XVI-Y

PENNSYLVANIA LONG-TERM CARE COUNCIL

SECTION 1601-Y. 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:

"COUNCIL." THE PENNSYLVANIA LONG-TERM CARE COUNCIL

ESTABLISHED UNDER SECTION 1602-Y(A).

"DEPARTMENT." THE DEPARTMENT OF AGING OF THE COMMONWEALTH.

SECTION 1602-Y. PENNSYLVANIA LONG-TERM CARE COUNCIL.

(A) ESTABLISHMENT.--THE PENNSYLVANIA LONG-TERM CARE COUNCIL

IS ESTABLISHED WITHIN THE DEPARTMENT.

(B) MEMBERSHIP.--THE COUNCIL SHALL BE COMPOSED OF AND

APPOINTED IN ACCORDANCE WITH THE FOLLOWING:

(1) THE SECRETARY OF AGING.

20230HB1300PN2107 - 171 -

(2) THE SECRETARY OF HEALTH.

(3) THE SECRETARY OF HUMAN SERVICES.

(4) THE INSURANCE COMMISSIONER.

(5) THE ADJUTANT GENERAL.

(6) THE SECRETARY OF TRANSPORTATION.

(7) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA HOUSING

FINANCE AGENCY.

(8) TWO MEMBERS OF THE SENATE, ONE APPOINTED BY THE

PRESIDENT PRO TEMPORE AND ONE APPOINTED BY THE MINORITY

LEADER.

(9) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE

APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND

ONE APPOINTED BY THE MINORITY LEADER.

(10) THE FOLLOWING MEMBERS TO BE APPOINTED BY THE

GOVERNOR, IN CONSULTATION WITH THE SECRETARY OF AGING:

(I) ONE REPRESENTATIVE FROM THE PENNSYLVANIA COUNCIL

ON AGING.

(II) ONE MEMBER WHO REPRESENTS THE LOCAL AREA

AGENCIES ON AGING.

(III) SIX MEMBERS WHO REPRESENT CONSUMER ADVOCACY

GROUPS, WITH AT LEAST TWO BEING CONSUMERS OF LONG-TERM

CARE SERVICES.

(IV) ONE MEMBER WHO REPRESENTS THE ELDER LAW SECTION

OF THE PENNSYLVANIA BAR ASSOCIATION.

(V) ONE MEMBER WHO IS A LICENSED INSURANCE PRODUCER

WITH AT LEAST 10 YEARS' EXPERIENCE IN THE LONG-TERM CARE

INSURANCE MARKET.

(VI) SEVEN MEMBERS WHO REPRESENT PROVIDERS

THROUGHOUT THE LONG-TERM CARE CONTINUUM, WITH NO MORE

THAN ONE MEMBER REPRESENTING A SINGLE PROVIDER GROUP, AS

20230HB1300PN2107 - 172 -

FOLLOWS:

(A) ONE MEMBER REPRESENTING NONPROFIT SKILLED

NURSING FACILITIES.

(B) ONE MEMBER REPRESENTING FOR-PROFIT SKILLED

NURSING FACILITIES.

RESIDENCES OR PERSONAL CARE HOMES.

(D) ONE MEMBER REPRESENTING HOME CARE OR

HOSPICE.

(E) ONE MEMBER REPRESENTING OLDER ADULT DAILY

LIVING CENTERS.

(F) ONE MEMBER REPRESENTING SENIOR COMMUNITY

CENTERS.

(G) ONE MEMBER REPRESENTING LONG-TERM CARE

MANAGED CARE.

(VII) TWO MEMBERS WITH CAREGIVER EXPERIENCE, AT

LEAST ONE OF WHOM HAS PERSONAL EXPERIENCE AS A FAMILY

CAREGIVER.

(VIII) TWO MEMBERS WHO REPRESENT THE MEDICAL

COMMUNITY, ONE OF WHOM MUST BE A PHYSICIAN WITH AT LEAST

FIVE YEARS' EXPERIENCE IN A LONG-TERM CARE SETTING AND

THE OTHER OF WHOM MUST BE A NURSE WITH AT LEAST FIVE

YEARS' EXPERIENCE IN A LONG-TERM CARE SETTING.

(IX) TWO MEMBERS WHO REPRESENT AN ACADEMIC RESEARCH

INSTITUTION.

(X) ONE MEMBER WHO REPRESENTS THE COUNTY

COMMISSIONERS ASSOCIATION OF PENNSYLVANIA.

(XI) THE CHAIR OF THE STATE VETERANS COMMISSION OR A

DESIGNEE.

(XII) ONE MEMBER WHO REPRESENTS THE OFFICE OF THE

20230HB1300PN2107 - 173 -

STATE LONG-TERM CARE OMBUDSMAN WITHIN THE DEPARTMENT.

GOVERNMENTAL MEMBERS MAY APPOINT A DESIGNEE TO ATTEND AND VOTE

AT MEETINGS OF THE COUNCIL. EACH GOVERNMENTAL MEMBER WHO

APPOINTS A DESIGNEE SHALL DO SO BY SENDING A LETTER TO THE

CHAIRPERSON STATING THE NAME OF THAT DESIGNEE.

(D) CHAIRPERSON.--THE SECRETARY OF AGING SHALL SERVE AS

CHAIRPERSON.

(E) EXECUTIVE DIRECTOR.--THE SECRETARY OF AGING SHALL

APPOINT AN EXECUTIVE DIRECTOR OF THE COUNCIL.

(F) TERMS OF MEMBERS.--

(1) THE TERMS OF THOSE MEMBERS WHO SERVE IN ACCORDANCE

WITH SUBSECTION (B)(1), (2), (3), (4), (5), (6) AND (7) SHALL

BE CONCURRENT WITH THEIR SERVICE IN THE OFFICE FROM WHICH

THEY DERIVE THEIR MEMBERSHIP.

(2) MEMBERS APPOINTED IN ACCORDANCE WITH SUBSECTION (B)

(8) AND (9) SHALL SERVE TERMS CONTERMINOUS WITH THEIR

RESPECTIVE APPOINTING AUTHORITIES.

(3) OF THE MEMBERS APPOINTED BY THE GOVERNOR, NO LESS

THAN ONE-THIRD OF THE MEMBERS SHALL BE APPOINTED TO SERVE A

TWO-YEAR INITIAL TERM, NO LESS THAN ONE-THIRD OF THE MEMBERS

SHALL BE APPOINTED TO SERVE A THREE-YEAR INITIAL TERM, AND

THE REMAINING MEMBERS SHALL SERVE A FOUR-YEAR TERM. MEMBERS

OF THE COUNCIL SHALL SERVE FOR TERMS OF FOUR YEARS AFTER

COMPLETION OF THE INITIAL TERMS AS DESIGNATED IN THIS

SECTION.

(4) MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT BUT

SHALL SERVE NO MORE THAN TWO CONSECUTIVE FULL TERMS. MEMBERS

SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND

QUALIFIED, PROVIDED THEY REPRESENT THE INTERESTS OF THE

20230HB1300PN2107 - 174 -

MEMBERSHIP CLASS FOR WHICH THEY WERE APPOINTED.

(G) VACANCIES.--ANY VACANCY ON THE COUNCIL SHALL BE FILLED

BY THE ORIGINAL APPOINTING AUTHORITY. AN INDIVIDUAL APPOINTED TO

FILL A VACANCY SHALL SERVE THE BALANCE OF THE PREVIOUS MEMBER'S

TERM.

(H) REMOVAL.--IN ADDITION TO THE PROVISIONS OF SUBSECTION

(F)(1) AND (2), MEMBERS MAY BE REMOVED FROM THE BOARD FOR THE

FOLLOWING REASONS:

(1) A MEMBER WHO FAILS TO ATTEND THREE CONSECUTIVE

MEETINGS SHALL FORFEIT HIS OR HER SEAT UNLESS THE

CHAIRPERSON, UPON WRITTEN REQUEST FROM THE MEMBER, FINDS THAT

THE MEMBER SHOULD BE EXCUSED FROM A MEETING.

(2) A MEMBER SHALL FORFEIT HIS OR HER SEAT IF HE OR SHE

NO LONGER REPRESENTS THE INTERESTS OF THE MEMBERSHIP CLASS

FOR WHICH HE OR SHE WAS APPOINTED. SPECIFICALLY, A MEMBER

MEETING THIS THRESHOLD SHALL NO LONGER BE EMPLOYED OR

ASSOCIATED WITH THE INTERESTS OF THE RESPECTIVE QUALIFICATION

FOR WHICH HE OR SHE WAS APPOINTED.

(I) EXPENSES.--MEMBERS MAY NOT RECEIVE COMPENSATION OR

REMUNERATION FOR THEIR SERVICE AS COUNCIL MEMBERS OR AS

COMMITTEE MEMBERS. NONGOVERNMENTAL COUNCIL MEMBERS SHALL BE

ENTITLED TO REIMBURSEMENT FOR TRAVEL AND RELATED ACTUAL EXPENSES

ACCRUED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS, IN

ACCORDANCE WITH COMMONWEALTH TRAVEL POLICY. COMMITTEE MEMBERS

WHO ARE NOT MEMBERS OF THE COUNCIL MAY NOT RECEIVE

REIMBURSEMENT.

SECTION 1603-Y. POWERS AND DUTIES OF COUNCIL.

(A) GENERAL RULE.--THE COUNCIL SHALL HAVE THE FOLLOWING

POWERS AND DUTIES:

(1) TO CONSULT WITH VARIOUS DEPARTMENTS AND AGENCIES AND

20230HB1300PN2107 - 175 -

TO MAKE RECOMMENDATIONS ON REGULATIONS, LICENSURE, FINANCING

OR ANY OTHER RESPONSIBILITIES OF THOSE DEPARTMENTS OR

AGENCIES RELATING TO LONG-TERM CARE.

(2) TO PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY

ASSIGN RELATING TO LONG-TERM CARE.

(3) TO APPROVE REPORTS PRODUCED BY ANY COMMITTEE

ESTABLISHED UNDER SECTION 1604-Y BEFORE RELEASE TO THE PUBLIC

OR THE GENERAL ASSEMBLY.

(4) TO DEVELOP AND ADOPT RULES FOR CONDUCTING COUNCIL

MEETINGS, INCLUDING, BUT NOT LIMITED TO, THE PROCEDURE FOR

FORMALLY ADOPTING THE APPROVAL OF COMMITTEE REPORTS BEFORE

RELEASE TO THE PUBLIC.

(5) TO DEVELOP AND ADOPT RULES FOR CONDUCTING COMMITTEE

MEETINGS. THIS POWER INCLUDES, BUT IS NOT LIMITED TO,

DETERMINING THE SCOPE OF RESPONSIBILITIES FOR EACH COMMITTEE,

THE NUMBER OF MEMBERS FOR EACH COMMITTEE AND THE PROCEDURE

FOR FORMALLY ADOPTING THE APPROVAL OF COMMITTEE REPORTS

BEFORE RELEASE TO THE COUNCIL.

(6) TO ASSIGN TOPICS FOR RESEARCH AND STUDY TO EACH

COMMITTEE. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO

PROHIBIT A COMMITTEE FROM PROPOSING TOPICS FOR CONSIDERATION

TO THE COUNCIL.

(B) SCOPE.--ALL THE POWERS AND DUTIES ENUMERATED IN THIS

SECTION SHALL BE PERFORMED IN A MANNER THAT ADDRESSES ALL AREAS

OF LONG-TERM CARE, INCLUDING, BUT NOT LIMITED TO, INSTITUTIONAL

CARE AND HOME-BASED AND COMMUNITY-BASED SERVICES.

SECTION 1604-Y. COUNCIL COMMITTEES.

(A) ESTABLISHMENT.--THE COUNCIL SHALL ESTABLISH COMMITTEES

WHICH MAY RESEARCH AND STUDY THE FOLLOWING AREAS:

(1) REGULATORY REVIEW AND ACCESS TO QUALITY CARE.

20230HB1300PN2107 - 176 -

(2) COMMUNITY ACCESS AND PUBLIC EDUCATION.

(3) LONG-TERM CARE SERVICES MODELS AND DELIVERY.

(4) WORK FORCE.

(5) HOUSING.

(6) BEHAVIORAL HEALTH ISSUES OF SENIOR CITIZENS WHO ARE

AT LEAST 60 YEARS OF AGE.

(B) COMPOSITION.--THE COUNCIL CHAIRPERSON SHALL APPOINT

COMMITTEE MEMBERS, WHO MAY INCLUDE THOSE WHO ARE NOT MEMBERS OF

THE COUNCIL AND WHO HAVE EXPERTISE PERTAINING TO THE SPECIFIC

TOPICS AND TASKS ASSIGNED.

THE COUNCIL SHALL APPOINT COUNCIL MEMBERS TO SERVE AS

CHAIRPERSON AND, AS NEEDED, VICE CHAIRPERSON FOR EACH COMMITTEE.

(D) DUTIES.--THE COUNCIL COMMITTEES SHALL HAVE THE FOLLOWING

POWERS AND DUTIES:

(1) TO STUDY AND REPORT ON THE TOPICS ASSIGNED BY THE

COUNCIL.

(2) TO FACILITATE THE CREATION OF THE REPORTS AND, WITH

THE PERMISSION OF THE COUNCIL, INVITE INDIVIDUALS TO ASSIST

IN PREPARATION OF REPORTS FOR THE COUNCIL.

(3) TO APPROVE REPORTS AND RECOMMENDATIONS FOR

SUBMISSION TO THE COUNCIL. ONLY MEMBERS APPOINTED TO EACH

COMMITTEE MAY PARTICIPATE IN APPROVING REPORTS AND

RECOMMENDATIONS TO THE COUNCIL.

(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE

CONSTRUED TO PROHIBIT THE CHAIRPERSON, WITH CONCURRENCE BY THE

COUNCIL, FROM ESTABLISHING ADDITIONAL COMMITTEES OR AD HOC WORK

GROUPS TO ASSIST THE COUNCIL OR COMMITTEES.

ARTICLE XVI-Z

(RESERVED)

20230HB1300PN2107 - 177 -

SECTION 10. SECTION 1702-A(B)(1) OF THE ACT IS AMENDED BY

ADDING A SUBPARAGRAPH TO READ:

SECTION 1702-A. FUNDING.

* * *

(B) TRANSFER OF PORTION OF SURPLUS.--

(1) EXCEPT AS MAY BE PROVIDED IN PARAGRAPH (2), FOR

FISCAL YEARS BEGINNING AFTER JUNE 30, 2002, THE FOLLOWING

APPLY:

* * *

(XIV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO

MORE THAN $500,000,000 OF THE SURPLUS IN THE GENERAL FUND

FOR THE 2022-2023 FISCAL YEAR SHALL BE DEPOSITED INTO THE

BUDGET STABILIZATION RESERVE FUND.

* * *

SECTION 11. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1777-A. EXTENSION OF PAYMENTS.

NOTWITHSTANDING ANY PROVISION OF 4 PA.C.S. (RELATING TO

AMUSEMENTS) OR THE ACT OF NOVEMBER 27, 2019 (P.L.768, NO.113),

KNOWN AS THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND

TOURISM FUND CAPITAL BUDGET ITEMIZATION ACT OF 2019, THE

DURATION OF PAYMENTS UNDER SECTION 4 OF THE PENNSYLVANIA GAMING

ECONOMIC DEVELOPMENT AND TOURISM FUND CAPITAL BUDGET ITEMIZATION

ACT OF 2019 SHALL BE EXTENDED BY TWO ADDITIONAL YEARS. THE

ANNUAL ALLOCATIONS FOR THE PROJECT SHALL CONTINUE IN THE SAME

AMOUNT AS UNDER SECTION 4 OF THE PENNSYLVANIA GAMING ECONOMIC

DEVELOPMENT AND TOURISM FUND CAPITAL BUDGET ITEMIZATION ACT OF

2019.

SECTION 12. SECTIONS 1712-A.1(A)(2)(II) AND 1713-A.1(B)(1.8)

OF THE ACT, AMENDED JULY 11, 2022 (P.L.540, NO.54), ARE AMENDED

TO READ:

20230HB1300PN2107 - 178 -

SECTION 1712-A.1. ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT.

(A) TOBACCO SETTLEMENT FUND.--

* * *

(2) THE FOLLOWING SHALL BE DEPOSITED INTO THE TOBACCO

SETTLEMENT FUND:

* * *

(II) FOR FISCAL YEARS 2019-2020, 2020-2021, 2021-

2022 [AND], 2022-2023 AND 2023-2024, AN AMOUNT EQUAL TO

THE ANNUAL DEBT SERVICE DUE IN THE FISCAL YEAR AS

CERTIFIED BY THE SECRETARY OF THE BUDGET PURSUANT TO

SECTION 2804 OF THE TAX REFORM CODE OF 1971, AS PUBLISHED

IN THE PENNSYLVANIA BULLETIN ON MARCH 3, 2018, AT 48

PA.B. 1406, SHALL BE TRANSFERRED TO THE FUND FROM THE

TAXES COLLECTED UNDER ARTICLE XII OF THE TAX REFORM CODE

OF 1971 BY APRIL 30 FOLLOWING THE BEGINNING OF THE FISCAL

YEAR. A DEPOSIT UNDER THIS PARAGRAPH SHALL OCCUR PRIOR TO

THE DEPOSITS AND TRANSFERS UNDER SECTION 1296 OF THE TAX

REFORM CODE OF 1971.

* * *

SECTION 1713-A.1. USE OF FUND.

* * *

(B) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY:

* * *

(1.8) FOR FISCAL YEARS 2021-2022 [AND], 2022-2023 AND

2023-2024, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY IN

THE FUND IN ACCORDANCE WITH THE FOLLOWING PERCENTAGES BASED

ON THE SUM OF THE PORTION OF THE ANNUAL PAYMENT DEPOSITED AND

THE AMOUNT DEPOSITED UNDER SECTION 1712-A.1(A)(2)(II) IN THE

FISCAL YEAR:

(I) FOUR AND FIVE-TENTHS PERCENT FOR TOBACCO USE

20230HB1300PN2107 - 179 -

PREVENTION AND CESSATION PROGRAMS UNDER CHAPTER 7 OF THE

TOBACCO SETTLEMENT ACT.

(II) TWELVE AND SIX-TENTHS PERCENT TO BE ALLOCATED

AS FOLLOWS:

(A) SEVENTY PERCENT TO FUND RESEARCH UNDER

SECTION 908 OF THE TOBACCO SETTLEMENT ACT.

(B) THIRTY PERCENT AS FOLLOWS:

(I) ONE MILLION DOLLARS FOR SPINAL CORD

INJURY RESEARCH PROGRAMS UNDER SECTION 909.1 OF

THE TOBACCO SETTLEMENT ACT.

(II) FROM THE AMOUNT REMAINING AFTER THE

AMOUNT UNDER SUBCLAUSE (I) HAS BEEN DETERMINED:

(A) SEVENTY-FIVE PERCENT FOR PEDIATRIC

CANCER RESEARCH INSTITUTIONS WITHIN THIS

COMMONWEALTH THAT ARE EQUIPPED AND ACTIVELY

CONDUCTING PEDIATRIC CANCER RESEARCH

DESIGNATED BY THE SECRETARY OF HEALTH TO BE

ELIGIBLE TO RECEIVE CONTRIBUTIONS. NO MORE

THAN $2,500,000 IN A FISCAL YEAR SHALL BE

MADE AVAILABLE TO ANY ONE PEDIATRIC CANCER

RESEARCH INSTITUTION.

(B) TWENTY-FIVE PERCENT FOR CAPITAL AND

EQUIPMENT GRANTS TO BE ALLOCATED BY THE

DEPARTMENT OF HEALTH TO ENTITIES ENGAGING IN

BIOTECHNOLOGY RESEARCH, INCLUDING ENTITIES

ENGAGING IN REGENERATIVE MEDICINE RESEARCH,

REGENERATIVE MEDICINE MEDICAL TECHNOLOGY

RESEARCH, HEPATITIS AND VIRAL RESEARCH, DRUG

RESEARCH AND CLINICAL TRIALS RELATED TO

CANCER, RESEARCH RELATING TO PULMONARY

20230HB1300PN2107 - 180 -

EMBOLISM AND DEEP VEIN THROMBOSIS, GENETIC

AND MOLECULAR RESEARCH FOR DISEASE

IDENTIFICATION AND ERADICATION, VACCINE

IMMUNE RESPONSE DIAGNOSTICS, NANOTECHNOLOGY

RESEARCH AND THE COMMERCIALIZATION OF APPLIED

RESEARCH.

(III) ONE PERCENT FOR HEALTH AND RELATED RESEARCH

UNDER SECTION 909 OF THE TOBACCO SETTLEMENT ACT.

(IV) EIGHT AND EIGHTEEN HUNDREDTHS PERCENT FOR THE

UNCOMPENSATED CARE PAYMENT PROGRAM UNDER CHAPTER 11 OF

THE TOBACCO SETTLEMENT ACT.

(V) THIRTY PERCENT FOR THE PURCHASE OF MEDICAID

BENEFITS FOR WORKERS WITH DISABILITIES UNDER CHAPTER 15

OF THE TOBACCO SETTLEMENT ACT.

(VI) FORTY-THREE AND SEVENTY-TWO HUNDREDTHS PERCENT

SHALL REMAIN IN THE FUND TO BE SEPARATELY APPROPRIATED

FOR HEALTH-RELATED PURPOSES.

* * *

SECTION 13. SECTION 1723-A.1(A)(2)(I.8) OF THE ACT IS

AMENDED BY ADDING A CLAUSE AND PARAGRAPH (3) IS AMENDED BY

ADDING A SUBPARAGRAPH TO READ:

SECTION 1723-A.1. DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE

DEVELOPMENT FUND.

(A) DISTRIBUTIONS.--FUNDS IN THE FUND ARE APPROPRIATED TO

THE DEPARTMENT ON A CONTINUING BASIS FOR THE PURPOSES SET FORTH

IN THIS SUBSECTION AND SHALL BE DISTRIBUTED TO EACH ACTIVE AND

OPERATING CATEGORY 1 LICENSEE CONDUCTING LIVE RACING AS FOLLOWS:

* * *

(2) DISTRIBUTIONS FROM THE FUND SHALL BE ALLOCATED AS

FOLLOWS:

20230HB1300PN2107 - 181 -

* * *

(I.8) THE FOLLOWING APPLY:

* * *

$9,309,000 IN THE FUND SHALL BE TRANSFERRED TO THE

ACCOUNT IN EQUAL WEEKLY AMOUNTS SUFFICIENT TO

COMPLETE THE TOTAL TRANSFER BY JUNE 30, 2024.

* * *

(3) THE FOLLOWING SHALL APPLY:

* * *

(VIII) FOR FISCAL YEAR 2023-2024, THE DEPARTMENT

SHALL TRANSFER $10,066,000 FROM THE FUND TO THE STATE

RACING FUND UNDER SUBSECTION (B).

* * *

SECTION 14. SUBARTICLE G OF ARTICLE XVII-A.1 OF THE ACT IS

REPEALED:

[SUBARTICLE G

ENHANCED REVENUE COLLECTION ACCOUNT

SECTION 1761-A.1. 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:

"ACCOUNT." THE ENHANCED REVENUE COLLECTION ACCOUNT CONTINUED

UNDER SECTION 1762-A.1.

"DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.

SECTION 1762-A.1. ENHANCED REVENUE COLLECTION ACCOUNT.

THE ENHANCED REVENUE COLLECTION ACCOUNT IS CONTINUED AS A

RESTRICTED ACCOUNT WITHIN THE GENERAL FUND. REVENUES COLLECTED

AND THE AMOUNT OF REFUNDS AVOIDED AS A RESULT OF EXPANDED TAX

RETURN REVIEWS AND TAX COLLECTION ACTIVITIES BY THE DEPARTMENT

20230HB1300PN2107 - 182 -

SHALL BE DEPOSITED INTO THE ACCOUNT.

SECTION 1763-A.1. USE OF ACCOUNT.

(A) APPROPRIATION.--THE GENERAL ASSEMBLY MAY APPROPRIATE

MONEY IN THE ACCOUNT TO THE DEPARTMENT TO FUND THE COSTS

ASSOCIATED WITH EXPANDED TAX RETURN REVIEWS AND TAX COLLECTION

ACTIVITIES.

(B) RETURN.--EXCEPT FOR AMOUNTS APPROPRIATED UNDER

SUBSECTION (A), MONEY IN THE ACCOUNT SHALL BE RETURNED

PROPORTIONATELY TO THE GENERAL FUND REVENUE OR REFUND ACCOUNTS

THAT WERE THE SOURCE OF THE MONEY NO LATER THAN THE 28TH DAY OF

EACH MONTH OF THE FISCAL YEAR.

SECTION 1764-A.1. REPORT.

THE DEPARTMENT SHALL ISSUE A REPORT TO THE GOVERNOR, 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 BY JUNE 5, 2020, AND EACH JUNE 1 THEREAFTER,

WITH THE FOLLOWING INFORMATION:

(1) A DETAILED BREAKDOWN OF THE DEPARTMENT'S

ADMINISTRATIVE COSTS IN IMPLEMENTING EXPANDED TAX RETURN

REVIEWS AND TAX COLLECTION ACTIVITIES.

(2) THE AMOUNT OF REVENUE COLLECTED AND THE AMOUNT OF

REFUNDS AVOIDED AS A RESULT OF THE EXPANDED TAX RETURN

REVIEWS AND TAX COLLECTION ACTIVITIES, INCLUDING THE TYPE OF

TAX GENERATING THE REVENUE AND AVOIDED REFUNDS.]

SECTION 15. SUBARTICLE C HEADING OF ARTICLE XVII-A.2 OF THE

ACT, ADDED JULY 11, 2022 (P.L.540, NO.54), IS AMENDED TO READ:

SUBARTICLE C

SPORTS [TOURISM AND MARKETING], MARKETING AND TOURISM ACCOUNT

SECTION 16. THE DEFINITION OF "ELIGIBLE APPLICANT" IN

20230HB1300PN2107 - 183 -

SECTION 1721-A.2 OF THE ACT, ADDED JULY 11, 2022 (P.L.540,

NO.54), IS AMENDED AND THE SECTION IS AMENDED BY ADDING

DEFINITIONS TO READ:

SECTION 1721-A.2. 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:

"ACCOUNT." THE SPORTS, MARKETING AND TOURISM ACCOUNT

ESTABLISHED UNDER SECTION 1722-A.2(A).

* * *

"ELIGIBLE APPLICANT." ANY OF THE FOLLOWING:

(1) A MUNICIPALITY, A LOCAL AUTHORITY, A NONPROFIT

ORGANIZATION OR A LEGAL ENTITY THAT IS PARTICIPATING OR PLANS

TO PARTICIPATE IN A COMPETITIVE SELECTION PROCESS CONDUCTED

BY A SITE SELECTION ORGANIZATION NOT LOCATED IN THIS

COMMONWEALTH FOR THE PURPOSE OF SECURING A SINGLE YEAR OR

MULTIYEAR COMMITMENT FROM THE SITE SELECTION ORGANIZATION TO

CONDUCT THE SPORTING EVENT AT ONE OR MORE LOCATIONS IN THIS

COMMONWEALTH.

(2) A NONPROFIT ENTITY THAT HAS BEEN DESIGNATED TO

MANAGE AND ORGANIZE AN INTERNATIONAL SPORTING EVENT.

* * *

"INTERNATIONAL SPORTING EVENT." A SPORTING EVENT IN THE CITY

OF THE FIRST CLASS AS WELL AS OTHER CITIES IN NORTH AMERICA

THAT:

(1) IS NO LESS THAN 25 DAYS IN LENGTH;

(2) HAS NO LESS THAN FIVE COMPETITION DAYS IN THIS

COMMONWEALTH; AND

(3) WILL ATTRACT INTERNATIONAL TEAMS FROM NO FEWER THAN

40 COUNTRIES.

20230HB1300PN2107 - 184 -

* * *

SECTION 17. SECTIONS 1722-A.2 HEADING, (A), (B), (C)(2), (D)

AND (E)(2) AND 1723-A.2 OF THE ACT, ADDED JULY 11, 2022

(P.L.540, NO.54), ARE AMENDED TO READ:

SECTION 1722-A.2. SPORTS [TOURISM AND], MARKETING AND TOURISM

ACCOUNT.

(A) ESTABLISHMENT.--THE SPORTS [TOURISM AND], MARKETING AND

TOURISM ACCOUNT IS ESTABLISHED IN THE PENNSYLVANIA GAMING

ECONOMIC DEVELOPMENT AND TOURISM FUND AS A RESTRICTED ACCOUNT.

THE PURPOSE OF THE [SPORTS TOURISM AND MARKETING ACCOUNT]

ACCOUNT SHALL BE TO ATTRACT HIGH-QUALITY, AMATEUR AND

PROFESSIONAL SPORTING AND ESPORTS EVENTS TO THIS COMMONWEALTH

FOR THE PURPOSES OF ADVANCING AND PROMOTING YEAR-ROUND TOURISM,

ECONOMIC IMPACT AND QUALITY OF LIFE THROUGH SPORT AND TO PROMOTE

BUSINESS, TOURISM AND TOURISM ACTIVITIES WITHIN THIS

COMMONWEALTH.

(B) ADMINISTRATION AND DISTRIBUTION.--THE [SPORTS TOURISM

AND MARKETING ACCOUNT] ACCOUNT SHALL BE ADMINISTERED BY THE

DEPARTMENT.

* * *

(2) ESTABLISH PROCEDURES FOR ELIGIBLE APPLICANTS TO

APPLY FOR FINANCIAL ASSISTANCE FROM THE [SPORTS TOURISM AND

MARKETING ACCOUNT.] ACCOUNT. NOTHING IN THIS ARTICLE SHALL BE

CONSTRUED TO PROHIBIT AN ELIGIBLE APPLICANT FROM RECEIVING AN

AWARD FOR EACH SEPARATE HIGH-QUALITY AMATEUR OR PROFESSIONAL

SPORTING AND ESPORTING EVENT FOR WHICH THE APPLICANT HAS

SUBMITTED AN APPLICATION.

* * *

(D) USE OF FUNDS.--

20230HB1300PN2107 - 185 -

(1) THE DEPARTMENT MAY AWARD FINANCIAL ASSISTANCE IN THE

FORM OF A SINGLE YEAR OR MULTIYEAR AWARD FOR ANY OF THE

FOLLOWING:

[(1)] (I) THE COSTS RELATING TO THE PREPARATIONS

NECESSARY FOR CONDUCTING THE EVENT.

[(2)] (II) THE COSTS OF CONDUCTING THE EVENT AT THE

VENUE, INCLUDING COSTS OF AN IMPROVEMENT OR RENOVATION TO

AN EXISTING FACILITY AT THE VENUE. THE FINANCIAL

ASSISTANCE UNDER THIS SECTION SHALL BE LIMITED TO 20% OF

THE TOTAL COST OF AN IMPROVEMENT OR RENOVATION TO AN

EXISTING FACILITY, EXCEPT IF THE FACILITY IS PUBLICLY

OWNED.

[(3)] (III) PROMOTION, MARKETING AND PROGRAMMING

COSTS ASSOCIATED WITH THE EVENT.

[(4)] (IV) PAID ADVERTISING AND MEDIA BUYS WITHIN

THIS COMMONWEALTH RELATED TO THE EVENT.

[(5)] (V) PRODUCTION AND TECHNICAL EXPENSES RELATED

TO THE EVENT.

[(6)] (VI) SITE FEES AND COSTS, SUCH AS LABOR,

RENTALS, INSURANCE, SECURITY AND MAINTENANCE.

[(7)] (VII) MACHINERY AND EQUIPMENT PURCHASES

ASSOCIATED WITH THE CONDUCT OF THE EVENT.

[(8)] (VIII) PUBLIC INFRASTRUCTURE UPGRADES OR

PUBLIC SAFETY IMPROVEMENTS THAT WILL DIRECTLY OR

INDIRECTLY BENEFIT THE CONDUCT OF THE EVENT.

[(9)] (IX) COSTS RELATED TO LAND ACQUISITION

DIRECTLY RELATED TO THE CONDUCT OF THE EVENT. THE

FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL BE LIMITED

TO 20% OF THE TOTAL ACQUISITION COST, EXCEPT IF THE VENUE

AT WHICH THE EVENT WILL BE CONDUCTED IS PUBLICLY OWNED.

20230HB1300PN2107 - 186 -

[(10)] (X) ON-SITE HOSPITALITY DURING THE CONDUCT OF

THE EVENT.

(2) THE DEPARTMENT MAY USE UP TO $10,000,000 IN THE FORM

OF SINGLE OR MULTIYEAR AWARDS TO AN ELIGIBLE APPLICANT FOR

COSTS RELATED TO THE PREPARATION NECESSARY FOR CONDUCTING AN

INTERNATIONAL SPORTING EVENT, INCLUDING COSTS ASSOCIATED WITH

THE EVENT VENUE, PROMOTION, ADVERTISING, SITE RENTALS,

INFRASTRUCTURE UPGRADES, ON-SITE HOSPITALITY, COMMUNITY

ENGAGEMENT PROGRAMMING ACROSS THIS COMMONWEALTH AND PUBLIC

SAFETY PLANNING AND IMPROVEMENTS.

(3) THE DEPARTMENT MAY USE UP TO $15,000,000 FOR

ACTIVITIES RELATED TO A STATEWIDE MARKETING STRATEGY.

(E) PROHIBITIONS.--

* * *

(2) PARAGRAPH (1) SHALL NOT PROHIBIT A DISBURSEMENT FROM

THE [SPORTS TOURISM AND MARKETING ACCOUNT] ACCOUNT FOR THE

CONSTRUCTION OF TEMPORARY STRUCTURES WITHIN AN ARENA, STADIUM

OR INDOOR OR OUTDOOR VENUE WHERE THE SPORTING EVENT WILL BE

CONDUCTED THAT ARE NECESSARY FOR THE CONDUCT OF AN EVENT OR

TEMPORARY MAINTENANCE OF A FACILITY THAT IS NECESSARY FOR THE

PREPARATION FOR OR CONDUCT OF AN EVENT.

SECTION 1723-A.2. TRANSFER OF FUNDS.

(A) ANNUAL FUNDING.--NOTWITHSTANDING 4 PA.C.S. § 13C62(B)(3)

(RELATING TO SPORTS WAGERING TAX), FOR FISCAL YEAR 2022-2023 AND

EACH FISCAL YEAR THEREAFTER, AN AMOUNT EQUAL TO 5% OF THE TAX

REVENUE GENERATED BY THE TAX IMPOSED UNDER 4 PA.C.S. § 13C62 OR

$2,500,000, WHICHEVER IS GREATER, SHALL BE TRANSFERRED TO THE

[SPORTS TOURISM AND MARKETING ACCOUNT] ACCOUNT FOR USE BY THE

DEPARTMENT IN ACCORDANCE WITH THIS SUBARTICLE. THE AMOUNT

TRANSFERRED UNDER THIS SECTION MAY NOT EXCEED $5,000,000.

20230HB1300PN2107 - 187 -

(B) FISCAL YEAR 2023-2024.--NOTWITHSTANDING 4 PA.C.S. § 1407

(RELATING TO PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND

TOURISM FUND) OR ANY OTHER PROVISION OF LAW, THE SUM OF

$25,000,000 SHALL BE TRANSFERRED FROM THE PENNSYLVANIA GAMING

ECONOMIC DEVELOPMENT AND TOURISM FUND TO THE ACCOUNT FOR USE BY

THE DEPARTMENT IN ACCORDANCE WITH THIS SUBARTICLE.

SECTION 18. ARTICLE XVII-A.2 OF THE ACT IS AMENDED BY ADDING

SUBARTICLES TO READ:

SUBARTICLE E

FACILITY TRANSITION ACCOUNT

SECTION 1741-A.2. FACILITY TRANSITION ACCOUNT.

(A) ESTABLISHMENT.--THE FACILITY TRANSITION ACCOUNT IS

ESTABLISHED IN THE GENERAL FUND AS A RESTRICTED ACCOUNT.

(B) DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO THE

ACCOUNT:

(1) MONEY APPROPRIATED TO THE STATE SYSTEM OF HIGHER

EDUCATION FOR FACILITY TRANSITION.

(2) (RESERVED).

SHALL USE THE MONEY APPROPRIATED TO IT FOR FACILITY TRANSITION

UNDER SECTION 5115 OF THE ACT OF AUGUST 3, 2023 (P.L. , NO.1A),

KNOWN AS THE GENERAL APPROPRIATION ACT OF 2023, TO MAKE TIMELY

DEFEASEMENT PAYMENTS ON THE BONDS ISSUED IN CONNECTION WITH

PENNWEST UNIVERSITY:

(1) SERIES AO-1.

(2) SERIES AP.

(3) SERIES AQ.

(4) SERIES AR.

(5) SERIES AS.

(6) SERIES AT-1.

20230HB1300PN2107 - 188 -

(7) SERIES AU-2.

(8) SERIES AU-3.

(9) SERIES AV-1.

(10) SERIES AW.

(11) SERIES AX.

(12) SERIES AY.

(D) REMAINING MONEY.--THE STATE SYSTEM OF HIGHER EDUCATION

SHALL RETURN ANY UNEXPENDED AMOUNT OF THE APPROPRIATION TO THE

COMMONWEALTH NO LATER THAN 60 DAYS AFTER THE DEFEASANCE DATE OF

THE BONDS.

SUBARTICLE F

SERVICE AND INFRASTRUCTURE IMPROVEMENT FUND

SECTION 1751-A.2. 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:

"DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE

COMMONWEALTH.

"FUND." THE SERVICE AND INFRASTRUCTURE IMPROVEMENT FUND

ESTABLISHED UNDER SECTION 301.9 OF THE UNEMPLOYMENT COMPENSATION

LAW.

"SECRETARY." THE SECRETARY OF THE DEPARTMENT OF LABOR AND

INDUSTRY OF THE COMMONWEALTH.

"UNEMPLOYMENT COMPENSATION FUND." THE UNEMPLOYMENT

COMPENSATION FUND ESTABLISHED UNDER SECTION 601 OF THE

UNEMPLOYMENT COMPENSATION LAW.

"UNEMPLOYMENT COMPENSATION LAW." THE ACT OF DECEMBER 5, 1936

(2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT

COMPENSATION LAW.

SECTION 1752-A.2. DEPOSITS.

20230HB1300PN2107 - 189 -

(A) DEPOSITS.--DURING EACH FISCAL YEAR BEGINNING ON OR AFTER

JULY 1, 2023, FROM THE CONTRIBUTIONS PAID UNDER SECTION 301.4 OF

THE UNEMPLOYMENT COMPENSATION LAW, AN AMOUNT DETERMINED BY THE

SECRETARY WITH THE APPROVAL OF THE GOVERNOR SHALL BE DEPOSITED

INTO THE FUND. THE FOLLOWING APPLY:

(1) FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, THE

AMOUNT DETERMINED UNDER THIS SUBSECTION MAY NOT EXCEED

$87,750,000.

(2) (RESERVED).

(B) CONTRIBUTIONS.--THE DEPARTMENT MAY DEPOSIT CONTRIBUTIONS

AUTHORIZED IN SUBSECTION (A) BEFORE DEPOSITING CONTRIBUTIONS

INTO THE UNEMPLOYMENT COMPENSATION FUND IN ACCORDANCE WITH

SECTION 301.4(E)(3) OF THE UNEMPLOYMENT COMPENSATION LAW.

SECTION 1753-A.2. FUND TRANSFERS.

NOTWITHSTANDING SECTION 301.9(E) OF THE UNEMPLOYMENT

COMPENSATION LAW, ANY MONEY IN THE FUND THAT IS NOT EXPENDED OR

OBLIGATED AS OF DECEMBER 31, 2023, SHALL NOT BE TRANSFERRED TO

THE UNEMPLOYMENT COMPENSATION FUND.

SECTION 1754-A.2. REPORTING.

NOTWITHSTANDING THE PROVISIONS OF SECTION 301.9(G) OF THE

UNEMPLOYMENT COMPENSATION LAW, THE DEPARTMENT SHALL CONTINUE TO

PROVIDE THE ANNUAL REPORT OUTLINED IN SECTION 301.9(G) OF THE

UNEMPLOYMENT COMPENSATION LAW TO THE GOVERNOR AND GENERAL

ASSEMBLY IN EACH YEAR THAT MONEY REMAINS IN THE FUND.

SUBARTICLE G

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM

RESTRICTED ACCOUNT

SECTION 1761-A.2. TRANSFER.

NO LATER THAN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS

SECTION, THE SECRETARY OF THE BUDGET SHALL TRANSFER TO THE

20230HB1300PN2107 - 190 -

SCHOOL ENVIRONMENTAL REPAIRS PROGRAM RESTRICTED ACCOUNT

ESTABLISHED UNDER SECTION 2602-L OF THE ACT OF MARCH 10, 1949

(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, UP TO

$75,000,000 FROM MONEY APPROPRIATED TO AGENCIES UNDER THE

GOVERNOR'S JURISDICTION FOR GENERAL GOVERNMENT OPERATIONS FOR

THE FISCAL YEARS BEGINNING JULY 1, 2020, JULY 1, 2021, AND JULY

1, 2022, WHICH REMAINED UNEXPENDED AS OF JULY 30, 2023.

SECTION 19. SECTIONS 1712-E(A) AND 1718-E(A) OF THE ACT ARE

AMENDED BY ADDING PARAGRAPHS TO READ:

SECTION 1712-E. EXECUTIVE OFFICES.

(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO

APPROPRIATIONS FOR THE EXECUTIVE OFFICES:

* * *

(3) MONEY APPROPRIATED FOR VIOLENCE INTERVENTION AND

PREVENTION SHALL BE USED SOLELY TO PROVIDE GRANTS AND

TECHNICAL ASSISTANCE TO COMMUNITY-BASED ORGANIZATIONS,

INSTITUTIONS OF HIGHER EDUCATION, MUNICIPALITIES, DISTRICT

ATTORNEYS AND OTHER ENTITIES IN ACCORDANCE WITH SECTION 1306-

B(B) OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS

THE PUBLIC SCHOOL CODE OF 1949, AND NOTWITHSTANDING SECTION

1306-B(H)(7) OF THE PUBLIC SCHOOL CODE OF 1949 FOR PROGRAMS

ELIGIBLE UNDER SECTION 1306-B(J)(22) OF THE PUBLIC SCHOOL

CODE OF 1949.

(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

DEPOSIT OF COSTS UNDER SECTION 1101(B)(4) OF THE ACT OF

NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME

VICTIMS ACT, INTO THE LOCAL VICTIM SERVICES FUND ESTABLISHED

IN EACH COUNTY UNDER SECTION 1101 OF THE CRIME VICTIMS ACT

SHALL APPLY TO ALL COSTS REGARDLESS OF THE DATE OF THE CRIME

OR WHEN THE OFFENDER WAS PLACED ON PROBATION, PAROLE,

20230HB1300PN2107 - 191 -

ACCELERATED REHABILITATIVE DISPOSITION, PROBATION WITHOUT

VERDICT OR INTERMEDIATE PUNISHMENT.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

DEPOSIT OF ALL THE FEES UNDER SECTION 1102(C) OF THE CRIME

VICTIMS ACT INTO THE COUNTY SUPERVISION FEE RESTRICTED

RECEIPTS ACCOUNT ESTABLISHED IN EACH COUNTY UNDER SECTION

1102 OF THE CRIME VICTIMS ACT SHALL APPLY TO ALL SUPERVISION

FEES REGARDLESS OF THE DATE ON WHICH THE OFFENDER WAS PLACED

ON PROBATION, PAROLE, ACCELERATED REHABILITATIVE DISPOSITION,

PROBATION WITHOUT VERDICT OR INTERMEDIATE PUNISHMENT.

* * *

SECTION 1718-E. DEPARTMENT OF AGRICULTURE.

(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO

APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE:

* * *

(3) NO MONEY APPROPRIATED FROM THE MOTOR LICENSE FUND

FOR MAINTENANCE AND IMPROVEMENT OF DIRT, GRAVEL AND LOW-

VOLUME STATE AND MUNICIPAL ROADS UNDER 75 PA.C.S. § 9106

(RELATING TO DIRT, GRAVEL AND LOW-VOLUME ROAD MAINTENANCE)

MAY BE USED ON LAND OWNED OR OTHERWISE UNDER THE CONTROL OF

THE PENNSYLVANIA GAME COMMISSION.

* * *

SECTION 20. SECTION 1719-E OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

SECTION 1719-E. DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT.

* * *

(A.2) SUBSTITUTION.--THE DEPARTMENT MAY APPROVE A

SUBSTITUTION OF ONE OR MORE PARCELS DESIGNATED UNDER SUBSECTION

(A.1) FOR OTHER PARCELS THEREBY CREATING A NEW SUBZONE IF THE

20230HB1300PN2107 - 192 -

NEW SUBZONE IS SUBSTANTIALLY SIMILAR IN ACREAGE AND IS ADJACENT

TO THE ORIGINAL SUBZONE. THE NEW SUBZONE SHALL EXPIRE ON

DECEMBER 31, 2035. A POLITICAL SUBDIVISION OR ITS DESIGNEE MAY

SUBMIT AN APPLICATION TO SUBSTITUTE PARCELS UNDER THIS

SUBSECTION TO THE DEPARTMENT NO LATER THAN DECEMBER 1, 2023. AN

APPLICATION UNDER THIS SUBSECTION SHALL BE ON A FORM AS

PRESCRIBED BY THE DEPARTMENT AND SHALL BE MADE TO THE DEPARTMENT

IN ACCORDANCE WITH SECTION 302(A)(1), (2) AND (5) 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 . IN ADDITION, THE

APPLICATION SHALL INCLUDE THE CONSENT OF THE OWNER OF THE PARCEL

BEING REMOVED FROM THE SUBZONE DESIGNATED UNDER SUBSECTION

(A.1). THE DEPARTMENT SHALL CERTIFY THE SUBSTITUTION NO LATER

THAN 30 DAYS FROM RECEIPT. THIS SUBSECTION SHALL APPLY BEGINNING

JANUARY 1, 2024. THE FOLLOWING SHALL APPLY:

(1) IF A BUSINESS ENTITY MAKES A CAPITAL INVESTMENT OF

MORE THAN $25,000 FOR THE CONSTRUCTION, RECONSTRUCTION,

DEMOLITION, ALTERATION OR REPAIR OF A FACILITY ON THE NEW

SUBZONE, THE BUSINESS ENTITY SHALL VERIFY WITH THE DEPARTMENT

OF LABOR AND INDUSTRY, IN THE FOLLOWING CALENDAR OR FISCAL

YEAR, THAT THE BUSINESS DEMONSTRATED THAT INDIVIDUALS

EMPLOYED BY THE TAXPAYER OR ANY CONTRACTOR OR SUBCONTRACTOR

OF THE TAXPAYER FOR THE CONSTRUCTION, RECONSTRUCTION,

DEMOLITION, ALTERATION OR REPAIR OF THE FACILITY HAVE BEEN

PAID THE PREVAILING MINIMUM WAGE RATE FOR EACH CRAFT OR

CLASSIFICATION AS DETERMINED BY THE DEPARTMENT OF LABOR AND

INDUSTRY UNDER THE ACT OF AUGUST 15, 1961 (P.L.987, NO.442),

KNOWN AS THE PENNSYLVANIA PREVAILING WAGE ACT.

(2) (RESERVED).

20230HB1300PN2107 - 193 -

(A.3) DESIGNATION.--NOTWITHSTANDING THE PROVISIONS OF THE

KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE

AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, A BUSINESS

OPERATING WITHIN ANY PORTION OF ANY REAL PROPERTY DESIGNATED AS

A KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE

OR KEYSTONE OPPORTUNITY IMPROVEMENT ZONE UNDER THE KEYSTONE

OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND

KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT WHICH WOULD OTHERWISE

QUALIFY AS A "QUALIFIED BUSINESS" AS DEFINED IN THE KEYSTONE

OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND

KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, AND ANY OWNER OF ANY

PORTION OF THE REAL PROPERTY SHALL, FOR A TIME PERIOD NOT TO

EXPIRE UNTIL THE ACTUAL EXPIRATION OF ALL OF THE KEYSTONE

OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND

KEYSTONE OPPORTUNITY IMPROVEMENT ZONE DESIGNATIONS OF ANY

PORTION OF THE ENTIRE REAL PROPERTY, BE ENTITLED TO THE SAME

STATE TAX BENEFITS AND RELIEF AFFORDED TO SUCH PARTIES AS IF THE

REAL PROPERTY IN QUESTION WERE ENTIRELY DESIGNATED AS A KEYSTONE

OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND

KEYSTONE OPPORTUNITY IMPROVEMENT ZONE. THE REAL PROPERTY MUST:

(1) BE LOCATED WITHIN A CITY AND COUNTY OF THE FIRST

CLASS;

(2) BE AT LEAST 1,200 ACRES IN THE AGGREGATE, REGARDLESS

OF BEING COMPRISED OF DIFFERENT REAL ESTATE TAX PARCELS;

(3) BE ENTIRELY OWNED BY ONE ENTITY; AND

(4) HAVE OVER 50% OF ITS ACREAGE DESIGNATED AS A

KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION

ZONE OR KEYSTONE OPPORTUNITY IMPROVEMENT ZONE.

* * *

(C.1) ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES.--

20230HB1300PN2107 - 194 -

(1) SUBJECT TO THE CRITERIA SPECIFIED IN SECTION 1921-D

(B) OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE

TAX REFORM CODE OF 1971, WITHIN A COUNTY DESCRIBED IN SECTION

1921-D(A)(2) OF THE TAX REFORM CODE OF 1971, THE DEPARTMENT

MAY DESIGNATE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONES

UNDER PART III OF ARTICLE XIX-D OF THE TAX REFORM CODE OF

1971 NOT TO EXCEED 200 ACRES, OF WHICH AN AREA NOT EXCEEDING

80 ACRES SHALL BE SITUATED IN A BOROUGH OF THAT COUNTY WITH A

POPULATION OF BETWEEN 315 AND 325, BASED ON THE 2010 FEDERAL

DECENNIAL CENSUS.

(2) IN ORDER TO RECEIVE A DESIGNATION UNDER THIS

SUBSECTION, THE DEPARTMENT MUST RECEIVE AN APPLICATION FROM A

POLITICAL SUBDIVISION OR ITS DESIGNEE NO LATER THAN OCTOBER

1, 2025. THE APPLICATION MUST CONTAIN THE INFORMATION

REQUIRED UNDER SECTION 302(A)(1), (2)(I) AND (IX), (5) AND

(6) OF THE KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY

EXPANSION ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT.

(3) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT

OF REVENUE, SHALL REVIEW THE APPLICATION AND, IF APPROVED,

ISSUE A CERTIFICATION OF ALL TAX EXEMPTIONS, DEDUCTIONS,

ABATEMENTS OR CREDITS UNDER THE TAX REFORM CODE OF 1971 FOR

THE ZONE WITHIN THREE MONTHS OF RECEIPT OF THE APPLICATION.

(4) THE DEPARTMENT SHALL ACT ON AN APPLICATION FOR A

DESIGNATION UNDER SECTION 302(A)(1) OF THE KEYSTONE

OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND

KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT BY DECEMBER 31,

2025.

(5) THE DEPARTMENT MAY MAKE DESIGNATIONS UNDER SECTION

1921-D OF THE TAX REFORM CODE OF 1971 AND THIS SUBSECTION ON

A ROLLING BASIS DURING THE APPLICATION PERIOD.

20230HB1300PN2107 - 195 -

(6) IF THE DEPARTMENT DOES NOT APPROVE OF A DESIGNATION

AS AN ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE OF A

PARCEL UNDER THIS SUBSECTION, THE DEPARTMENT SHALL HOLD A

PUBLIC HEARING IN THE MUNICIPALITY FOR WHICH THE APPLICATION

WAS MADE WITHIN 30 DAYS OF THE DISAPPROVAL. THE SECRETARY OF

COMMUNITY AND ECONOMIC DEVELOPMENT, OR A DESIGNEE, SHALL

PROVIDE THE INFORMATION DESCRIBED UNDER SECTION 1921-D(E) OF

THE TAX REFORM CODE OF 1971 AT THE PUBLIC HEARING.

(C.2) ESTABLISHMENT.--

(1) THE MINORITY BUSINESS DEVELOPMENT FUND IS

ESTABLISHED WITHIN THE PENNSYLVANIA MINORITY BUSINESS

DEVELOPMENT AUTHORITY TO PROVIDE LOW INTEREST LOANS, OR

EQUITY OR GAP FINANCING, TO BUSINESSES IN THIS COMMONWEALTH

OWNED BY ETHNIC MINORITIES FOR:

(I) EQUITY AND PATIENT CAPITAL;

(II) GAP FINANCING; AND

(III) SOFT LOANS AND PREDEVELOPMENT.

(2) THE AUTHORITY SHALL ADMINISTER THE PROGRAM AND ISSUE

GUIDELINES TO IMPLEMENT THIS SECTION WHICH, AT A MINIMUM,

SHALL INCLUDE THE FOLLOWING:

(I) ELIGIBILITY REQUIREMENTS FOR LOAN AWARDS TO

MINORITY-OWNED BUSINESSES WHICH THE AUTHORITY DETERMINES

MEETS THE INTENT OF THIS FUND;

(II) ALLOWABLE USE OF LOAN FUNDS;

(III) MAXIMUM LOAN AND EQUITY AMOUNTS, PROVIDED THAT

THE MAXIMUM LOAN SHALL BE $5,000,000 PER APPLICANT, AND

THE MAXIMUM APPROVED PER APPLICATION TO BE USED AS EQUITY

FOR ONE OR MORE DEVELOPMENT PROJECTS SHALL NOT EXCEED

$3,000,000. NO ONE APPLICANT MAY HAVE MORE THAN THREE

PROJECTS FINANCED PER YEAR;

20230HB1300PN2107 - 196 -

(IV) FOR PROJECTS LOCATED IN A COUNTY OF THE FIRST

OR SECOND CLASS, MAXIMUM LOAN AND EQUITY AMOUNTS,

PROVIDED THAT THE MAXIMUM LOAN SHALL BE $10,000,000 PER

APPLICANT AND THE MAXIMUM APPROVED PER APPLICATION TO BE

USED AS EQUITY FOR ONE OR MORE DEVELOPMENT PROJECTS SHALL

NOT EXCEED $5,000,000. NO ONE APPLICANT MAY HAVE MORE

THAN THREE PROJECTS FINANCED PER YEAR; AND

(V) INTEREST RATES AND REPAYMENT TERMS.

* * *

SECTION 21. SECTION 1720-E(B)(9) OF THE ACT IS AMENDED, THE

SUBSECTION IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS

AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 1720-E. DEPARTMENT OF CONSERVATION AND NATURAL

RESOURCES.

* * *

(B) REGIONAL ATV PILOT PROGRAM FOR DEPARTMENT LANDS.--

* * *

(5.1) THE DEPARTMENT SHALL PROVIDE ACCESS TO THE

DEPARTMENT ATV PILOT AREA FOR AT LEAST THE 2024 AND 2025

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.

* * *

(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,

AND EVERY THREE YEARS THEREAFTER, THE DEPARTMENT SHALL SUBMIT

A REPORT TO THE GENERAL ASSEMBLY ON THE DEPARTMENT ATV PILOT

20230HB1300PN2107 - 197 -

AREA.

* * *

FROM THE MOTOR LICENSE FUND FOR THE MAINTENANCE AND MITIGATION

OF DUST AND SEDIMENT POLLUTION FROM PARKS AND FORESTRY ROADS

UNDER 75 PA.C.S. § 9106 (RELATING TO DIRT, GRAVEL AND LOW-VOLUME

ROAD MAINTENANCE) MAY NOT BE USED ON LANDS OWNED OR OTHERWISE

UNDER THE CONTROL OF THE PENNSYLVANIA GAME COMMISSION.

SECTION 22. SECTIONS 1722-E AND 1725-E OF THE ACT ARE

AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 1722-E. DEPARTMENT OF EDUCATION.

* * *

(H) (RESERVED).

(I) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO

APPROPRIATIONS FOR THE DEPARTMENT OF EDUCATION:

(1) (RESERVED).

(2) (RESERVED).

(J) COVID RELIEF GRANTS.--FROM MONEY APPROPRIATED FOR "COVID

RELIEF-ARPA-SCHOOL MENTAL HEALTH GRANTS":

(1) THE SUM OF $90,000,000 SHALL BE TRANSFERRED TO THE

SCHOOL SAFETY AND SECURITY FUND TO BE USED BY THE SCHOOL

SAFETY AND SECURITY COMMITTEE TO AWARD GRANTS TO SCHOOL

ENTITIES FOR THE PURPOSES IN SECTION 1306-B(J)(6), (10),

(15), (17), (19), (20), (21), (23), (24), (25), (26), (27),

(28), (29) AND (30) OF THE PUBLIC SCHOOL CODE OF 1949, IN THE

FOLLOWING AMOUNTS:

(I) A SCHOOL DISTRICT SHALL RECEIVE $100,000 PLUS AN

AMOUNT DETERMINED IN SUBPARAGRAPH (III).

(II) AN INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL

SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, CYBER

20230HB1300PN2107 - 198 -

CHARTER SCHOOL, APPROVED PRIVATE SCHOOL AND CHARTERED

SCHOOL FOR THE EDUCATION OF THE DEAF AND THE BLIND SHALL

RECEIVE $70,000.

(III) AN AMOUNT DETERMINED AS FOLLOWS:

(A) MULTIPLY THE 2021-2022 ADJUSTED AVERAGE

DAILY MEMBERSHIP FOR EACH SCHOOL DISTRICT BY THE

DIFFERENCE BETWEEN THE AMOUNT ALLOCATED IN THIS

CLAUSE AND THE SUM OF THE AMOUNTS DISTRIBUTED UNDER

SUBPARAGRAPHS (I) AND (II).

(B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE

2021-2022 ADJUSTED AVERAGE DAILY MEMBERSHIP FOR ALL

SCHOOL DISTRICTS.

GRANT MONEY RECEIVED BY A SCHOOL ENTITY UNDER THIS

SUBPARAGRAPH MAY NOT BE INCLUDED WHEN CALCULATING THE

AMOUNT TO BE PAID UNDER SECTION 1725-A OF THE PUBLIC

SCHOOL CODE OF 1949.

(IV) THE SUM OF $5,000,000 SHALL BE TRANSFERRED TO

THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FOR

THE PURPOSES IN SECTION 1318-B OF THE PUBLIC SCHOOL CODE

OF 1949.

(V) THE SUM OF $5,000,000 SHALL BE TRANSFERRED TO

THE DEPARTMENT OF EDUCATION FOR TRAINING OF SCHOOL BASED

MENTAL HEALTH PROFESSIONALS AND TO ESTABLISH PATHWAYS TO

CERTIFICATION FOR SCHOOL BASED MENTAL HEALTH

PROFESSIONALS.

(2) (RESERVED).

SECTION 1725-E. DEPARTMENT OF HEALTH.

* * *

(E) ACADEMIC CLINICAL RESEARCH CENTERS.--THE DEPARTMENT MAY

APPROVE AND CERTIFY AN ACCREDITED MEDICAL SCHOOL AS AN ACADEMIC

20230HB1300PN2107 - 199 -

CLINICAL RESEARCH CENTER UNDER CHAPTER 20 OF THE MEDICAL

MARIJUANA ACT. THE FOLLOWING SHALL APPLY:

(1) FOR THE PURPOSE OF THIS SUBSECTION, THE TERM

"ACCREDITED MEDICAL SCHOOL" SHALL MEAN AN INSTITUTION LOCATED

IN THIS COMMONWEALTH THAT IS:

(I) ACCREDITED BY THE LIAISON COMMITTEE OF MEDICAL

EDUCATION;

(II) ACCREDITED BY THE COMMISSION ON OSTEOPATHIC

COLLEGE ACCREDITATION; OR

(III) AFFILIATED WITH AN ACCREDITED INSTITUTION OF

HIGHER EDUCATION AND HAS GAINED PRE-ACCREDITATION OR

PROVISIONAL ACCREDITATION STATUS THAT AUTHORIZES THE

INSTITUTION TO ENROLL MEDICAL STUDENTS.

(2) (RESERVED).

SECTION 23. SECTION 1729-E(A) OF THE ACT IS AMENDED BY

ADDING PARAGRAPHS TO READ:

SECTION 1729-E. DEPARTMENT OF HUMAN SERVICES.

(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO

APPROPRIATIONS FOR THE DEPARTMENT OF HUMAN SERVICES:

* * *

(8) FROM MONEY APPROPRIATED FOR CHILD-CARE SERVICES, NO

LESS THAN $25,000,000 SHALL BE ALLOCATED TO APPLY AN INCOME

LIMIT FOR SUBSIDIZED CHILD CARE DURING REDETERMINATION OF

ELIGIBILITY TO NO MORE THAN 300% OF THE FEDERAL POVERTY

INCOME GUIDELINES OR 85% OF THE STATE MEDIAN INCOME,

WHICHEVER IS LOWER. NOTWITHSTANDING ANY OTHER PROVISION OF

LAW, THE DEPARTMENT SHALL DETERMINE COPAYMENT AMOUNTS FOR

FAMILY INCOMES ABOVE 235% OF THE FEDERAL POVERTY INCOME

GUIDELINES IN ORDER TO SUPPORT ECONOMIC SELF-SUFFICIENCY. THE

DEPARTMENT SHALL TRANSMIT NOTICE OF THE COPAYMENT SCHEDULE TO

20230HB1300PN2107 - 200 -

THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT

AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

(9) THE DEPARTMENT OF HUMAN SERVICES IS AUTHORIZED TO

IMPOSE A FEE OF $35 IN EACH CHILD SUPPORT CASE IN WHICH AN

INDIVIDUAL HAS NEVER RECEIVED ASSISTANCE UNDER TITLE IV-A OF

THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 301 ET

SEQ.) AND FOR WHOM THE COMMONWEALTH HAS COLLECTED AT LEAST

$550 OF SUPPORT IN A FEDERAL FISCAL YEAR. THE COMMONWEALTH

SHALL PAY THE $35 FEE FOR THOSE CASES IN WHICH THE ANNUAL

COLLECTION IS BETWEEN $550 AND $1,999.99. THE $35 FEE SHALL

BE COLLECTED FROM THE CUSTODIAL PARENT IN CASES WHERE ANNUAL

COLLECTIONS EQUAL $2,000 OR MORE. NOTWITHSTANDING ANY OTHER

PROVISION OF LAW, THE FEDERALLY MANDATED $35 ANNUAL FEE

COLLECTED FROM THE CUSTODIAL PARENT SHALL BE RETAINED BY THE

DEPARTMENT.

* * *

SECTION 24. (RESERVED).

SECTION 25. SECTION 1733-E OF THE ACT IS AMENDED BY ADDING A

PARAGRAPH TO READ:

SECTION 1733-E. PENNSYLVANIA STATE POLICE.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE

PENNSYLVANIA STATE POLICE:

* * *

(3) FOR FISCAL YEARS BEGINNING 2023-2024,

NOTWITHSTANDING SECTION 205 OF THE ACT OF APRIL 9, 1929

(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,

THE PENNSYLVANIA STATE POLICE SHALL CONSIST OF A NUMBER OF

OFFICERS AND ENLISTED MEMBERS AND SHALL BE ORGANIZED IN A

MANNER AS THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE,

WITH THE APPROVAL OF THE GOVERNOR, SHALL DETERMINE. THE

20230HB1300PN2107 - 201 -

NUMBER OF OFFICERS AND ENLISTED MEMBERS BEGINNING IN FISCAL

YEAR 2023-2024 SHALL NOT EXCEED IN THE AGGREGATE AT ANY TIME

4,410 INDIVIDUALS. PENNSYLVANIA STATE POLICE OFFICERS AND

ENLISTED MEMBERS ASSIGNED TO DUTY WITH THE PENNSYLVANIA

TURNPIKE COMMISSION, DELAWARE RIVER JOINT TOLL BRIDGE

COMMISSION, GAMING ENFORCEMENT AND LIQUOR CONTROL ENFORCEMENT

SHALL NOT BE COUNTED IN DETERMINING THE TOTAL NUMBER OF

OFFICERS AND ENLISTED MEMBERS IN THE PENNSYLVANIA STATE

POLICE UNDER THIS PARAGRAPH.

SECTION 26. SECTIONS 1735-E OF THE ACT IS AMENDED TO READ:

SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

(A) SEMIANNUAL REPORTS ON GRANTS.--THE PENNSYLVANIA

EMERGENCY MANAGEMENT AGENCY SHALL PROVIDE SEMIANNUAL REPORTS OF

ALL GRANTS AWARDED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT

AGENCY FROM FEDERAL DISASTER ASSISTANCE OR RELIEF FUNDS,

HOMELAND SECURITY AND DEFENSE FUNDS, AVIAN FLU/PANDEMIC

PREPAREDNESS OR OTHER PUBLIC HEALTH EMERGENCY FUNDS TO THE

CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE

OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE

REPORTS SHALL INCLUDE INFORMATION RELATING TO THE ENTITY

RECEIVING GRANT MONEY FROM THE AGENCY, INCLUDING THE NAME AND

ADDRESS OF THE ENTITY, THE AMOUNT OF THE GRANT, THE DATE OF

ISSUANCE AND THE PURPOSE OF THE GRANT. REPORTS SHALL BE

SUBMITTED BY AUGUST 20 FOR GRANTS AWARDED DURING THE PERIOD FROM

JANUARY 1 THROUGH JUNE 30 AND BY FEBRUARY 20 FOR GRANTS AWARDED

DURING THE PERIOD FROM JULY 1 THROUGH DECEMBER 31.

(B) EMERGENCY PREPAREDNESS FOR OWNED ANIMALS.--

(1) THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL

HAVE THE FOLLOWING DUTIES:

20230HB1300PN2107 - 202 -

(I) ADMINISTER THE PROVISIONS OF THIS SUBSECTION.

(II) ALLOCATE MONEY IN ACCORDANCE WITH THIS

SUBSECTION.

(III) INCLUDE IN THE COMMONWEALTH EMERGENCY

MANAGEMENT PLAN PROVISIONS FOR THE PROTECTION OF OWNED

ANIMALS IN THIS COMMONWEALTH IN DISASTERS.

(2) THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL

PROVIDE $250,000 ANNUALLY TO AN ANIMAL RESPONSE TEAM APPROVED

BY THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR PLANNING,

DEVELOPING AND MAINTAINING ANIMAL RESPONSE AND RESCUE

CAPABILITIES CONSISTENT WITH STANDARDS AND GUIDELINES

ESTABLISHED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

(3) THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL

REQUIRE AN ANIMAL RESPONSE TEAM RECEIVING MONEY UNDER THIS

SUBSECTION TO RETAIN AND PROVIDE, UPON REQUEST, RECORDS THAT

THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY BELIEVES ARE

NECESSARY TO ENSURE THAT MONEY IS SPENT IN ACCORDANCE WITH

THIS SUBSECTION.

(4) AS USED IN THIS SUBSECTION, THE TERM "OWNED ANIMALS"

INCLUDES ANY ANIMAL KEPT AS A PET, AGRICULTURAL COMMODITY OR

IN ACCORDANCE WITH A PERMIT ISSUED BY THE PENNSYLVANIA GAME

COMMISSION. THE TERM DOES NOT INCLUDE WILDLIFE.

SECTION 27. SECTION 1795.1-E(B) OF THE ACT IS AMENDED BY

ADDING A PARAGRAPH AND SUBSECTION (C)(1) IS AMENDED BY ADDING A

SUBPARAGRAPH TO READ:

SECTION 1795.1-E. SURCHARGES.

* * *

(B) IMPOSITION.--

* * *

(4) AN ADDITIONAL SURCHARGE OF $10 SHALL BE CHARGED AND

20230HB1300PN2107 - 203 -

COLLECTED BY A DIVISION OF THE UNIFIED JUDICIAL SYSTEM. THIS

PARAGRAPH SHALL EXPIRE DECEMBER 31, 2025. THE ADDITIONAL

SURCHARGE UNDER THIS PARAGRAPH SHALL BE DEPOSITED INTO THE

JUDICIAL DEPARTMENT OPERATIONS AUGMENTATION ACCOUNT UNDER

SUBSECTION (D).

(1) IN ADDITION TO THE FEES IMPOSED UNDER 42 PA.C.S. §§

3733(A.1) AND 3733.1 (RELATING TO SURCHARGE), EXCEPT AS SET

FORTH IN PARAGRAPH (2), THE FOLLOWING APPLY:

* * *

(V) A SURCHARGE OF $11.25 SHALL BE CHARGED AND

COLLECTED BY A DIVISION OF THE UNIFIED JUDICIAL SYSTEM.

THIS SUBPARAGRAPH SHALL EXPIRE DECEMBER 31, 2025. THE

SURCHARGE UNDER THIS SUBPARAGRAPH SHALL BE DEPOSITED INTO

THE JUDICIAL DEPARTMENT OPERATIONS AUGMENTATION ACCOUNT

UNDER SUBSECTION (D).

* * *

SECTION 28. SECTION 1795.2-E OF THE ACT IS REPEALED:

[SECTION 1795.2-E. DEPOSIT INTO SCHOOL SAFETY AND SECURITY

FUND.

(A) GENERAL RULE.--NOTWITHSTANDING ANY PROVISION OF 42

PA.C.S. § 3733(A) (RELATING TO DEPOSITS INTO ACCOUNT) TO THE

CONTRARY, EACH FISCAL YEAR THE FIRST $15,000,000 OF ALL FINES,

FEES AND COSTS COLLECTED BY ANY DIVISION OF THE UNIFIED JUDICIAL

SYSTEM THAT ARE IN EXCESS OF THE AMOUNT COLLECTED FROM THOSE

SOURCES IN THE FISCAL YEAR 1986-1987 SHALL BE DEPOSITED INTO THE

SCHOOL SAFETY AND SECURITY FUND.

(B) NONAPPLICABILITY.--SUBSECTION (A) SHALL NOT APPLY TO THE

ADDITIONAL FEE IMPOSED UNDER 42 PA.C.S. § 3733(A.1) AND ANY

FINES, FEES OR COSTS THAT ARE ALLOCATED BY LAW OR OTHERWISE

20230HB1300PN2107 - 204 -

DIRECTED TO:

(1) THE PENNSYLVANIA FISH AND BOAT COMMISSION.

(2) THE PENNSYLVANIA GAME COMMISSION.

(3) COUNTIES AND MUNICIPALITIES.

(4) THE CRIME VICTIM'S COMPENSATION BOARD.

(5) THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY

FOR VICTIM-WITNESS SERVICES GRANTS UNDER FORMER SECTION

477.15(C) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),

KNOWN AS THE ADMINISTRATIVE CODE OF 1929.

(6) RAPE CRISIS CENTERS.

(7) THE EMERGENCY MEDICAL SERVICES OPERATING FUND.

(8) DOMESTIC VIOLENCE SHELTERS.

(9) THE CHILD PASSENGER RESTRAINT FUND.]

SECTION 28.1. SECTION 1798.1-E OF THE ACT IS AMENDED TO

READ:

SECTION 1798.1-E. FEDERAL AND COMMONWEALTH USE OF FOREST LAND.

(A) SCOPE.--THIS SECTION APPLIES TO THE FOLLOWING:

(1) REAL PROPERTY ACQUIRED FOR FOREST RESERVES BY ANY OF

THE FOLLOWING:

(I) [THE] THE FEDERAL GOVERNMENT[; OR].

(II) [THE] THE COMMONWEALTH.

(2) TAX-EXEMPT REAL PROPERTY ACQUIRED BY THE FEDERAL

GOVERNMENT OR BY THE COMMONWEALTH FOR THE PURPOSE OF

PRESERVING, PERPETUATING AND MAINTAINING ANY PORTION OF THE

ORIGINAL FORESTS OF THIS COMMONWEALTH AS PUBLIC PLACES AND

PARKS.

(3) REAL PROPERTY:

(I) WHICH IS ACQUIRED FOR THE PURPOSE OF

CONSERVATION OF WATER OR THE PREVENTION OF FLOOD

CONDITIONS; AND

20230HB1300PN2107 - 205 -

(II) UPON WHICH THERE IS AN IMPOSED TAX PAYABLE BY

THE COMMONWEALTH.

(B) CHARGE.--

(1) FOR LAND OWNED BY THE DEPARTMENT OF CONSERVATION AND

NATURAL RESOURCES, SUBJECT TO SUBSECTION (C), REAL PROPERTY

UNDER SUBSECTION (A) SHALL BE SUBJECT TO AN ANNUAL CHARGE OF

ALL OF THE FOLLOWING:

(I) [$2] TWO DOLLARS AND FORTY CENTS PER ACRE FOR

THE BENEFIT OF EACH COUNTY WHERE THE REAL PROPERTY IS

LOCATED[;]. ONE DOLLAR AND TWENTY CENTS SHALL BE PAID BY

THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND

$1.20 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4 PA.C.S.

§ 1403 (RELATING TO ESTABLISHMENT OF STATE GAMING FUND

AND NET SLOT MACHINE REVENUE DISTRIBUTION).

(II) [$2] TWO DOLLARS AND FORTY CENTS PER ACRE FOR

THE BENEFIT OF THE SCHOOLS IN EACH SCHOOL DISTRICT WHERE

THE REAL PROPERTY IS LOCATED[; AND]. ONE DOLLAR AND

TWENTY CENTS SHALL BE PAID BY THE DEPARTMENT OF

CONSERVATION AND NATURAL RESOURCES AND $1.20 SHALL BE

PAID FROM MONEY AVAILABLE UNDER 4 PA.C.S. § 1403.

(III) [$2] TWO DOLLARS AND FORTY CENTS PER ACRE FOR

THE BENEFIT OF THE TOWNSHIP WHERE THE REAL PROPERTY IS

LOCATED. ONE DOLLAR AND TWENTY CENTS SHALL BE PAID BY THE

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND

$1.20 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4 PA.C.S.

§ 1403.

(2) FOR LAND OWNED BY THE PENNSYLVANIA GAME COMMISSION

OR THE PENNSYLVANIA FISH AND BOAT COMMISSION, REAL PROPERTY

UNDER SUBSECTION (A) SHALL BE SUBJECT TO AN ANNUAL CHARGE OF

ALL OF THE FOLLOWING:

20230HB1300PN2107 - 206 -

(I) [$1.20] TWO DOLLARS AND FORTY CENTS PER ACRE FOR

THE BENEFIT OF EACH COUNTY WHERE THE REAL PROPERTY IS

LOCATED[;]. FORTY CENTS SHALL BE PAID BY THE COMMONWEALTH

AGENCY WHICH OWNS THE PROPERTY AND $2 SHALL BE PAID FROM

MONEY AVAILABLE UNDER 4 PA.C.S. § 1403.

(II) [$1.20] TWO DOLLARS AND FORTY CENTS PER ACRE

FOR THE BENEFIT OF THE SCHOOLS IN EACH SCHOOL DISTRICT

WHERE THE REAL PROPERTY IS LOCATED[; AND]. FORTY CENTS

SHALL BE PAID BY THE COMMONWEALTH AGENCY WHICH OWNS THE

PROPERTY AND $2 SHALL BE PAID FROM MONEY AVAILABLE UNDER

4 PA.C.S. § 1403.

(III) [$1.20] TWO DOLLARS AND FORTY CENTS PER ACRE

FOR THE BENEFIT OF THE TOWNSHIP WHERE THE REAL PROPERTY

IS LOCATED. FORTY CENTS SHALL BE PAID BY THE COMMONWEALTH

AGENCY WHICH OWNS THE PROPERTY AND $2 SHALL BE PAID FROM

MONEY AVAILABLE UNDER 4 PA.C.S. § 1403.

(3) [SUBJECT TO SUBSECTION (F), THE] THE CHARGE UNDER

PARAGRAPH (1) SHALL BE PAYABLE BY THE COMMONWEALTH BEFORE

SEPTEMBER 2.

(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE ANNUAL

CHARGE PAYABLE BY THE COMMONWEALTH ON REAL PROPERTY UNDER

SUBSECTION (A)(1)(I) SHALL CONTINUE ONLY UNTIL THE RECEIPT OF

MONEY BY TREASURERS AND TOWNSHIP SUPERVISORS OF THE POLITICAL

SUBDIVISIONS UNDER SUBSECTION (B)(1), IN ACCORDANCE WITH THE

ACT OF APRIL 27, 1925 (P.L.324, NO.185), ENTITLED "AN ACT FOR

THE DISTRIBUTION BY THE COMMONWEALTH AND COUNTIES TO

TOWNSHIPS AND SCHOOL DISTRICTS OF MONEYS RECEIVED FROM THE

UNITED STATES FROM FOREST RESERVES WITHIN THE COMMONWEALTH,"

EQUALS OR EXCEEDS THE AMOUNT PAID BY THE COMMONWEALTH IN LIEU

20230HB1300PN2107 - 207 -

OF TAXES.

(2) PARAGRAPH (1) [DOES] SHALL NOT APPLY TO THE

FOLLOWING:

(I) [THE] THE ANNUAL CHARGE PER ACRE FOR THE BENEFIT

OF THE COUNTY WHERE REAL PROPERTY UNDER SUBSECTION (A)(1)

(I) IS LOCATED FOR CALENDAR YEARS 1953, 1954, 1955 AND

1956[; AND].

(II) THE AMOUNT OF $0.025 OF THE ANNUAL CHARGE PER

ACRE FOR THE BENEFIT OF THE COUNTY WHERE THE REAL

PROPERTY UNDER SUBSECTION (A)(1)(I) IS LOCATED FOR EACH

YEAR AFTER 1956.

(3) THE COMMONWEALTH SHALL ANNUALLY PAY THE CHARGES

EXEMPTED UNDER PARAGRAPH (2).

(D) CERTIFICATION.--UPON APPLICATION OF THE TREASURER OR

TOWNSHIP SUPERVISOR, THE SECRETARY OF CONSERVATION AND NATURAL

RESOURCES SHALL CERTIFY TO THE RESPECTIVE COUNTIES, SCHOOL

DISTRICTS AND TOWNSHIPS WHERE REAL PROPERTY UNDER SUBSECTION (A)

IS LOCATED AND TO THE STATE TREASURER:

(1) THE NUMBER OF ACRES OWNED BY THE FEDERAL GOVERNMENT

AND BY THE COMMONWEALTH IN THE POLITICAL SUBDIVISION; AND

(2) THE CHARGE AGAINST THE REAL PROPERTY.

(E) PAYMENT.--THE STATE TREASURER SHALL PAY TO POLITICAL

SUBDIVISIONS UNDER SUBSECTION (D) THE AMOUNT DUE UNDER

SUBSECTION (B) UPON:

(1) REQUISITION OF THE SECRETARY OF CONSERVATION AND

NATURAL RESOURCES; AND

(2) APPLICATION BY THE APPROPRIATE TREASURER OR TOWNSHIP

SUPERVISORS.

[(F) SOURCE OF PAYMENT.--FOR REAL PROPERTY OWNED BY THE

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, THE

20230HB1300PN2107 - 208 -

PENNSYLVANIA GAME COMMISSION OR THE PENNSYLVANIA FISH AND BOAT

COMMISSION, OF THE CHARGE PER ACRE UNDER SUBSECTION (B):

(1) $2.40 SHALL BE PAID FROM MONEY AVAILABLE UNDER 4

PA.C.S. § 1403 (RELATING TO ESTABLISHMENT OF STATE GAMING

FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION); AND

(2) THE REMAINDER SHALL BE PAID BY THE COMMONWEALTH

AGENCY WHICH OWNS THE PROPERTY.]

SECTION 29. SECTION 1798.3-E(D) OF THE ACT, AMENDED JULY 11,

2022 (P.L.540, NO.54), IS AMENDED TO READ:

SECTION 1798.3-E. MULTIMODAL TRANSPORTATION FUND.

* * *

(D) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,

[2023] 2024.

SECTION 30. SECTIONS 1799.5-E OF THE ACT IS REPEALED:

[SECTION 1799.5-E. SALES BY DISTILLERIES.

(A) GENERAL RULE.--NOTWITHSTANDING ANY PROVISION OF THE ACT

OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, TO

THE CONTRARY, THE HOLDER OF A DISTILLERY OR LIMITED DISTILLERY

LICENSE MAY SELL LIQUOR TO THE BOARD AND TO PERSONS NOT LICENSED

BY THE BOARD. A DISTILLERY OR LIMITED DISTILLERY LICENSE HOLDER

MAY ALSO DIRECTLY SELL LIQUOR TO ANY LICENSE OR PERMIT HOLDER

THAT IS OTHERWISE AUTHORIZED TO SELL LIQUOR. HOWEVER, AGGREGATE

SALES TO THE LICENSE AND PERMIT HOLDERS MAY NOT EXCEED 50,000

GALLONS DURING A CALENDAR YEAR. A LICENSE OR PERMIT HOLDER THAT

WISHES TO ACQUIRE LIQUOR PRODUCED BY A DISTILLERY OR LIMITED

DISTILLERY LICENSE HOLDER AFTER THE PRODUCER HAS REACHED ITS

AGGREGATE 50,000-GALLON LIMIT MAY STILL ACQUIRE THE PRODUCT IF

IT IS AVAILABLE FROM THE BOARD. IF A PERSON HOLDS MORE THAN ONE

DISTILLERY OR LIMITED DISTILLERY LICENSE, EITHER DIRECTLY OR

THROUGH A WHOLLY OWNED SUBSIDIARY, THE SALES FROM ALL SUCH

20230HB1300PN2107 - 209 -

LICENSES SHALL BE CONSIDERED WHEN DETERMINING WHETHER THE

50,000-GALLON LIMIT HAS BEEN REACHED.

(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "BOARD"

MEANS THE PENNSYLVANIA LIQUOR CONTROL BOARD.]

SECTION 30.1. THE ACT IS AMENDED BY ADDING A SECTION TO

READ:

SECTION 1799.11-E. PENNSYLVANIA LIQUOR CONTROL BOARD WHOLESALE

LICENSEE DISCOUNT PROGRAM.

NOTWITHSTANDING THE PROVISIONS OF SECTION 305 OF THE ACT OF

APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, THE

PENNSYLVANIA LIQUOR CONTROL BOARD SHALL ESTABLISH A PROGRAM

UNDER WHICH WHOLESALE LICENSEES ARE PROVIDED A DISCOUNT IF THE

WHOLESALE LICENSEE PICKS UP ITS PURCHASES AT BOARD-SPECIFIED

LOCATIONS, INCLUDING THE BOARD'S WAREHOUSES. THE BOARD MAY SET

PARAMETERS THAT THE BOARD DEEMS APPROPRIATE, INCLUDING THE

AMOUNT OF THE DISCOUNT AND MINIMUM PURCHASE REQUIREMENTS.

SECTION 30.2. SECTION 1723-F.1(5)(II) OF THE ACT, ADDED JULY

11, 2022 (P.L.540, NO.54), IS AMENDED TO READ:

SECTION 1723-F.1. DEPARTMENT OF EDUCATION.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS TO THE DEPARTMENT

OF EDUCATION:

* * *

(5) FROM MONEY APPROPRIATED FOR PENNSYLVANIA CHARTERED

SCHOOLS FOR DEAF AND BLIND CHILDREN, THE FOLLOWING APPLY:

* * *

(II) $1,000,000 IS INCLUDED FOR CAPITAL-RELATED

COSTS AND DEFERRED MAINTENANCE TO BE DIVIDED EQUALLY

BETWEEN EACH [APPROVED PRIVATE] SCHOOL.

* * *

SECTION 31. SECTION 1730-F.1(24) OF THE ACT IS REPEALED:

20230HB1300PN2107 - 210 -

SECTION 1730-F.1. DEPARTMENT OF HUMAN SERVICES.

THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF

HUMAN SERVICES:

* * *

[(24) OF THE FUNDING APPROPRIATED FOR COVID RELIEF -

ARPA - ADULT MENTAL HEALTH PROGRAMS, NO FUNDING SHALL BE

EXPENDED UNTIL ENABLING LEGISLATION IS ENACTED BY THE GENERAL

ASSEMBLY.]

SECTION 32. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE XVII-F.3

2023-2024 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

SECTION 1701-F.3. APPLICABILITY.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE

APPLIES TO THE GENERAL APPROPRIATION ACT OF 2023 AND ALL OTHER

APPROPRIATION ACTS OF 2023.

SECTION 1702-F.3. 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 2023." THE ACT OF AUGUST 3,

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

2023.

"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.

20230HB1300PN2107 - 211 -

"TANFBG." TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK

GRANT.

SECTION 1703-F.3. (RESERVED).

SECTION 1704-F.3. (RESERVED).

SUBARTICLE B

EXECUTIVE DEPARTMENTS

SECTION 1711-F.3. GOVERNOR (RESERVED).

SECTION 1712-F.3. EXECUTIVE OFFICES.

THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE EXECUTIVE

OFFICES:

(1) THE FOLLOWING APPLY TO MONEY APPROPRIATED FOR THE

PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY:

(I) NO LESS THAN THE AMOUNT USED IN THE 2014-2015

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 THE AMOUNT USED IN THE 2014-2015

FISCAL YEAR SHALL BE USED FOR A RESIDENTIAL TREATMENT

COMMUNITY FACILITY FOR AT-RISK YOUTH LOCATED IN A COUNTY

OF THE FIFTH CLASS.

(III) FROM THE AMOUNT APPROPRIATED, $400,000 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) FROM THE AMOUNT APPROPRIATED, $600,000 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.

20230HB1300PN2107 - 212 -

(V) NO LESS THAN $3,000,000 SHALL BE AVAILABLE AS A

PILOT PROGRAM TO OFFSET COSTS INCURRED BY A CITY OF THE

FIRST CLASS AND A COUNTY OF THE SECOND CLASS A THAT IS

ALSO A HOME RULE COUNTY IN CONNECTION WITH HIRING

ADDITIONAL ASSISTANT DISTRICT ATTORNEYS DESIGNATED AS A

SPECIAL UNITED STATES ATTORNEY BY A UNITED STATES

ATTORNEY'S OFFICE THROUGH PARTICIPATION IN THE PROJECT

SAFE NEIGHBORHOODS PROGRAM AND WHO WILL EXCLUSIVELY

PROSECUTE CRIMES UNDER 18 U.S.C. § 922(G) (RELATING TO

UNLAWFUL ACTS).

(VI) $500,000 SHALL BE USED TO SUPPORT A STATEWIDE

CHILD PREDATOR UNIT.

(VII) $500,000 SHALL BE USED FOR TRAINING AND

EQUIPMENT NEEDS TO SUPPORT IMPROVEMENTS IN THE

IDENTIFICATION, INVESTIGATION AND PROSECUTION OF 18

PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).

(VIII) NO LESS THAN $1,750,000 SHALL BE USED FOR

NONNARCOTIC MEDICATION SUBSTANCE USE DISORDER TREATMENT

FOR ELIGIBLE OFFENDERS, WHICH SHALL INCLUDE THE

ESTABLISHMENT AND ADMINISTRATION OF A NONNARCOTIC

MEDICATION ASSISTED SUBSTANCE GRANT PROGRAM TO PROVIDE

ANNUAL GRANTS TO COUNTY CORRECTIONS INSTITUTIONS. AS USED

IN THIS SUBPARAGRAPH, THE TERM "ELIGIBLE OFFENDER" MEANS

A DEFENDANT OR INMATE CONVICTED OF A CRIMINAL OFFENSE WHO

WILL BE COMMITTED TO THE CUSTODY OF THE COUNTY AND WHO

MEETS THE CLINICAL CRITERIA FOR AN OPIOID OR ALCOHOL USE

DISORDER AS DETERMINED BY A PHYSICIAN.

(IX) (RESERVED).

(X) (RESERVED).

(2) FROM MONEY APPROPRIATED FOR VIOLENCE AND DELINQUENCY

20230HB1300PN2107 - 213 -

PREVENTION PROGRAMS:

(I) NO LESS THAN THE AMOUNT USED IN THE 2014-2015

FISCAL YEAR SHALL BE USED FOR PROGRAMS IN A CITY OF THE

SECOND CLASS; AND

(II) NO LESS THAN THE AMOUNT USED IN THE 2014-2015

FISCAL YEAR SHALL BE USED FOR BLUEPRINT MENTORING

PROGRAMS THAT ADDRESS REDUCING YOUTH VIOLENCE IN CITIES

OF THE FIRST, SECOND AND THIRD CLASS WITH PROGRAMS IN

CITIES OF THE SECOND CLASS AND THIRD CLASS ALSO RECEIVING

A PROPORTIONAL SHARE OF $350,000.

(3) (RESERVED).

(4) MONEY APPROPRIATED FOR COUNTY INTERMEDIATE

PUNISHMENT SHALL BE DISTRIBUTED TO COUNTIES FOR COUNTY ADULT

PROBATION SUPERVISION AND DRUG AND ALCOHOL AND MENTAL HEALTH

TREATMENT PROGRAMS FOR OFFENDERS SENTENCED TO RESTRICTIVE

CONDITIONS OF PROBATION IMPOSED UNDER 42 PA.C.S. § 9763(C) OR

(D) (RELATING TO CONDITIONS OF PROBATION) AND ARE CERTIFIED

IN ACCORDANCE WITH 42 PA.C.S. § 2154.1(B) (RELATING TO

ADOPTION OF GUIDELINES FOR RESTRICTIVE CONDITIONS). 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.

(5) MONEY APPROPRIATED FOR COUNTY JAIL SECURITY

IMPROVEMENTS AND ENHANCEMENTS SHALL BE DISTRIBUTED TO

COUNTIES FOR SECURITY IMPROVEMENTS AND ENHANCEMENTS AT COUNTY

JAILS.

SECTION 1713 -F.3 . LIEUTENANT GOVERNOR (RESERVED).

SECTION 1714 -F.3 . ATTORNEY GENERAL.

20230HB1300PN2107 - 214 -

THE FOLLOWING APPLY TO APPROPRIATIONS TO THE ATTORNEY

GENERAL:

(1) THE SUM OF $8,431,000 SHALL BE DISTRIBUTED BETWEEN

THE ATTORNEY GENERAL AND THE DISTRICT ATTORNEY'S OFFICE IN A

CITY OF THE FIRST CLASS FOR COSTS ASSOCIATED WITH THE

OPERATION OF THE JOINT LOCAL-STATE FIREARM TASK FORCE IN THE

CITY OF THE FIRST CLASS. NO MORE THAN 20% MAY BE ALLOCATED

FOR THE DISTRICT ATTORNEY'S OFFICE IN A CITY OF THE FIRST

CLASS.

(2) THE SUM OF $3,110,308 SHALL BE DISTRIBUTED TO THE

ATTORNEY GENERAL FOR COSTS ASSOCIATED WITH A JOINT LOCAL-

STATE FIREARM TASK FORCE IN A CITY OF THE FIRST CLASS.

(2.1) THE SUM OF $1,537,952 SHALL BE USED TO COVER THE

COSTS ASSOCIATED WITH ESTABLISHING AND OPERATING A JOINT

LOCAL-STATE FIREARM TASK FORCE IN A COUNTY OF THE SECOND

CLASS.

(2.2) THE SUM OF $889,692 SHALL BE DISTRIBUTED TO THE

ATTORNEY GENERAL FOR OPERATING AND PROPERTY COSTS RELATED TO

THE JOINT TASK FORCE AS NEEDED.

(3) THE ATTORNEY GENERAL MAY EXPEND UP TO $2,000,000 IN

TOTAL FROM THE FOLLOWING RESTRICTED ACCOUNTS FOR GENERAL

GOVERNMENT OPERATIONS:

(I) THE CRIMINAL ENFORCEMENT RESTRICTED ACCOUNT

ESTABLISHED UNDER SECTION 1713-A.1.

(II) THE COLLECTION ADMINISTRATION ACCOUNT

ESTABLISHED UNDER SECTION 922.1 OF THE ACT OF APRIL 9,

1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE

OF 1929.

(III) THE RESTRICTED ACCOUNT ESTABLISHED UNDER

SECTION 1795.1-E(C)(3)(III).

20230HB1300PN2107 - 215 -

(IV) THE STRAW PURCHASE PREVENTION EDUCATION FUND

ESTABLISHED UNDER 18 PA.C.S. § 6186 (RELATING TO STRAW

PURCHASE PREVENTION EDUCATION FUND).

(V) THE RESTRICTED ACCOUNT ESTABLISHED UNDER SECTION

4 OF THE ACT OF DECEMBER 4, 1996 (P.L.911, NO.147), KNOWN

AS THE TELEMARKETER REGISTRATION ACT.

SECTION 1715 -F.3 . AUDITOR GENERAL (RESERVED).

SECTION 1716 -F.3 . TREASURY DEPARTMENT (RESERVED).

SECTION 1717 -F.3 . DEPARTMENT OF AGING (RESERVED).

SECTION 1718 -F.3 . DEPARTMENT OF AGRICULTURE.

THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF

AGRICULTURE:

(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT

OPERATIONS, THE FOLLOWING APPLY:

(I) (RESERVED).

(II) NO LESS THAN $250,000 SHALL BE USED FOR THE

COMMISSION FOR AGRICULTURAL EDUCATION EXCELLENCE TO

ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF

AGRICULTURAL EDUCATION PROGRAMMING.

(2) FROM MONEY APPROPRIATED FOR AGRICULTURAL

PREPAREDNESS AND RESPONSE, THE FOLLOWING SHALL APPLY:

(I) UP TO $15,000,000 MAY BE USED FOR THE FOLLOWING

COSTS ASSOCIATED WITH PREPARING FOR AND RESPONDING TO AN

OUTBREAK OF HIGHLY PATHOGENIC AVIAN INFLUENZA:

(A) COSTS OF GOODS AND SERVICES ASSOCIATED WITH

PREPARING FOR AND RESPONDING TO AN OUTBREAK OF HIGHLY

PATHOGENIC AVIAN INFLUENZA AND TO PROVIDE GRANTS TO

ASSIST WITH INCOME LOSSES AND COSTS ASSOCIATED WITH

WORKFORCE PAYROLL AND BENEFITS, MORTGAGE INTEREST AND

RENT PAYMENTS, UTILITY PAYMENTS, COSTS OF DELAYED

20230HB1300PN2107 - 216 -

REPOPULATING AND REOPENING FACILITIES AND OTHER

LOSSES OR COSTS ASSOCIATED WITH RESPONSE NOT

OTHERWISE ELIGIBLE FOR OR COVERED BY FEDERAL FUNDING,

INSURANCE, CONTRACTS OR OTHER FUNDING SOURCES.

(B) (RESERVED).

(II) NO LESS THAN $6,000,000 SHALL BE USED FOR COSTS

INCURRED BY THE PENNSYLVANIA ANIMAL DIAGNOSTIC LABORATORY

SYSTEM IN PREPARING FOR AND RESPONDING TO AN OUTBREAK OF

HIGHLY PATHOGENIC AVIAN INFLUENZA.

(III) NO LESS THAN $10,000,000 SHALL BE USED TO

EXPAND THE PENNSYLVANIA ANIMAL DIAGNOSTIC LABORATORY

SYSTEM IN THE COMMONWEALTH.

(3) (RESERVED).

(4) FROM MONEY APPROPRIATED FOR AGRICULTURAL RESEARCH,

THE FOLLOWING APPLY:

(I) NO LESS THAN $300,000 SHALL BE USED FOR AN

AGRICULTURAL RESOURCE CENTER.

(II) NO LESS THAN $100,000 SHALL BE USED FOR

AGRICULTURAL LAW RESEARCH PROGRAMS, INCLUDING THOSE

ADDRESSING ENERGY DEVELOPMENT, IN CONJUNCTION WITH A

LAND-GRANT UNIVERSITY.

(5) FROM MONEY APPROPRIATED FOR HARDWOODS RESEARCH AND

PROMOTION, AT LEAST 80% OF THE MONEY SHALL BE EQUALLY

DISTRIBUTED AMONG THE HARDWOOD UTILIZATION GROUPS OF THIS

COMMONWEALTH ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS

SECTION.

(6) MONEY APPROPRIATED FOR THE ANIMAL HEALTH AND

DIAGNOSTIC COMMISSION SHALL BE EQUALLY DISTRIBUTED TO THE

ANIMAL DIAGNOSTIC LABORATORY SYSTEM LABORATORIES LOCATED AT A

LAND-GRANT UNIVERSITY AND AT A SCHOOL OF VETERINARY MEDICINE

20230HB1300PN2107 - 217 -

LOCATED WITHIN THIS COMMONWEALTH.

SECTION 1719 -F.3 . 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, NO LESS THAN $1,900,000 SHALL BE USED TO SUPPORT

A MANUFACTURING TECHNOLOGY DEVELOPMENT EFFORT, TO ASSIST

PENNSYLVANIA SMALL BUSINESSES WITH ENHANCED CYBER SECURITY

AND TO TEST COAL ASH REFUSE EXTRACTION OF RARE EARTH METALS

FOR DOMESTIC CHIP MANUFACTURING IN A COUNTY OF THE FOURTH

CLASS WITH A POPULATION OF AT LEAST 130,000, BUT NOT MORE

THAN 135,000, UNDER THE MOST RECENT FEDERAL DECENNIAL CENSUS,

AND N O LESS THAN $1,000,000 SHALL BE USED FOR A NEIGHBORHOOD

PRESERVATION INITIATIVE TO SUPPORT SUCCESSFUL AFFORDABLE

HOUSING AND COMMERCIAL REVITALIZATION PROGRAMS IN A COUNTY OF

THE FIRST CLASS.

(2) FROM MONEY APPROPRIATED FOR MARKETING TO ATTRACT

TOURISTS:

(I) $4,145,000 TO FUND THE ACTIVITIES OF THE TOURISM

OFFICE WITHIN THE DEPARTMENT; AND

(II) THE REMAINING MONEY INCLUDES AN ALLOCATION TO

BE USED TO PLAN, MARKET AND CONDUCT A SERIES OF ARTS AND

CULTURAL ACTIVITIES THAT GENERATE STATEWIDE AND REGIONAL

ECONOMIC IMPACT, AND $1,000,000 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 PENNSYLVANIA FIRST, NO

LESS THAN $8,000,000 SHALL BE USED TO FUND THE WORKFORCE AND

20230HB1300PN2107 - 218 -

ECONOMIC DEVELOPMENT NETWORK OF PENNSYLVANIA (WEDNETPA) FOR

WORKFORCE TRAINING GRANTS PROVIDED THROUGH AN ALLIANCE OF

EDUCATIONAL PROVIDERS, INCLUDING, BUT NOT LIMITED TO, STATE

SYSTEM OF HIGHER EDUCATION UNIVERSITIES, THE PENNSYLVANIA

COLLEGE OF TECHNOLOGY AND COMMUNITY COLLEGES LOCATED IN THIS

COMMONWEALTH.

(4) FROM MONEY APPROPRIATED FOR KEYSTONE COMMUNITIES:

(I) $6,405,000 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) THE REMAINING MONEY SHALL BE USED FOR PROJECTS

SUPPORTING ECONOMIC GROWTH, COMMUNITY DEVELOPMENT AND

MUNICIPAL ASSISTANCE THROUGHOUT THIS COMMONWEALTH.

(5) (RESERVED).

(6) 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 MONEY RECEIVED PURSUANT TO THE

HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (PUBLIC LAW 93-

383, 88 STAT. 633) FOR ADMINISTRATIVE COSTS.

(7) MONEY APPROPRIATED FOR LOCAL MUNICIPAL RELIEF SHALL

INCLUDE AN ALLOCATION TO PROVIDE STATE ASSISTANCE TO

INDIVIDUALS, PERSONS OR POLITICAL SUBDIVISIONS DIRECTLY

AFFECTED BY NATURAL OR MANMADE DISASTERS, PUBLIC SAFETY

EMERGENCIES, OTHER SITUATIONS THAT POSE A PUBLIC SAFETY

DANGER OR OTHER SITUATIONS AT THE DISCRETION OF THE

20230HB1300PN2107 - 219 -

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

AVAILABLE FOR REIMBURSEMENT IN A DISASTER EMERGENCY AREA ONLY

WHEN A PRESIDENTIAL DISASTER DECLARATION DOES NOT COVER THE

AREA OR WHEN THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT DETERMINES THAT A PUBLIC SAFETY EMERGENCY HAS

OCCURRED.

(8) (RESERVED).

(9) MONEY APPROPRIATED FOR HOSPITAL AND HEALTH SYSTEM

EMERGENCY RELIEF SHALL INCLUDE AN ALLOCATION TO PROVIDE STATE

ASSISTANCE TO HOSPITAL AND HEALTH CARE SYSTEMS THAT

EXPERIENCE UNEXPECTED FINANCIAL IMPACT SITUATIONS.

(10) MONEY APPROPRIATED FOR COMMUNITY AND ECONOMIC

ASSISTANCE SHALL INCLUDE AN ALLOCATION TO PROVIDE STATE

ASSISTANCE IN THE FORM OF GRANTS TO ASSIST IN COMMUNITY AND

ECONOMIC DEVELOPMENT, INCLUDING PROJECTS IN THE PUBLIC

INTEREST.

(11) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT, THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT SHALL PAY ONE-THIRD OF THE

COST FOR THE COMMISSION ON EDUCATION AND ECONOMIC

COMPETITIVENESS TO IMPLEMENT A CONTRACT FOR A NONPROFIT

ENTITY THAT HAS EXPERIENCE IN THE CREATION OF LONG-TERM

EDUCATION PLANNING EFFORTS AS REQUIRED UNDER SECTION 123.1(G)

OF THE PUBLIC SCHOOL CODE OF 1949. A PROCUREMENT UNDER THIS

PARAGRAPH SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF 62

PA.C.S. (RELATING TO PROCUREMENT). THE DEPARTMENT OF

COMMUNITY AND ECONOMIC DEVELOPMENT SHALL COLLABORATE WITH ANY

20230HB1300PN2107 - 220 -

OTHER STATE AGENCY AS NECESSARY TO IMPLEMENT A PROCUREMENT

UNDER THIS PARAGRAPH.

(12) MONEY APPROPRIATED FOR WORKFORCE DEVELOPMENT SHALL

BE DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN

FISCAL YEAR 2022-2023.

SECTION 1720 -F.3 . DEPARTMENT OF CONSERVATION AND NATURAL

RESOURCES.

THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF

CONSERVATION AND NATURAL RESOURCES:

(1) (RESERVED).

(2) MONEY APPROPRIATED FOR PARKS, FORESTS AND RECREATION

PROJECTS SHALL BE USED FOR GRANTS FOR PROJECTS TO ENHANCE

PARKS, FORESTS AND RECREATION ACTIVITIES.

SECTION 1721 -F.3 . DEPARTMENT OF CORRECTIONS (RESERVED).

SECTION 1722 -F.3 . DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS

(RESERVED).

SECTION 1723 -F.3 . DEPARTMENT OF EDUCATION.

THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF

EDUCATION:

(1) FROM MONEY APPROPRIATED FOR GRANT SUPPORT TO

INSTITUTIONS OF HIGHER EDUCATION IN THIS COMMONWEALTH:

(I) THE AMOUNT OF $259,285,000 SHALL BE USED FOR

GENERAL STUDENT EDUCATION AND SUPPORT AT AN INSTITUTION

OF HIGHER EDUCATION WITH A MAIN CAMPUS IN A COUNTY OF THE

FOURTH CLASS WITH A POPULATION BETWEEN 157,000 AND

159,000 BASED ON THE UNITED STATES CENSUS BUREAU'S 2022

POPULATION ESTIMATE IN THE ANNUAL ESTIMATES OF THE

RESIDENT POPULATION FOR COUNTIES OF PENNSYLVANIA: APRIL

1, 2020 TO JULY 1, 2022, AND A 2020-2021 FULL-TIME

EQUIVALENT TOTAL STUDENT ENROLLMENT OF BETWEEN 85,000 AND

20230HB1300PN2107 - 221 -

86,000 BASED ON DATA FROM THE INTEGRATED POSTSECONDARY

EDUCATION DATA SYSTEM OF THE NATIONAL CENTER FOR

EDUCATION STATISTICS.

(II) THE AMOUNT OF $28,634,000 SHALL BE USED FOR

GENERAL STUDENT EDUCATION AND SUPPORT AT A COLLEGE OF

TECHNOLOGY IN A COUNTY OF THE FIFTH CLASS AFFILIATED WITH

AN INSTITUTION OF HIGHER EDUCATION WITH A MAIN CAMPUS IN

A COUNTY OF THE FOURTH CLASS.

(III) THE AMOUNT OF $169,439,000 SHALL BE USED FOR

GENERAL STUDENT EDUCATION AND SUPPORT AT AN INSTITUTION

OF HIGHER EDUCATION WITH A MAIN CAMPUS IN A CITY OF THE

FIRST CLASS AND A 2020-2021 FULL-TIME EQUIVALENT TOTAL

STUDENT ENROLLMENT OF BETWEEN 33,000 AND 35,000 BASED ON

DATA FROM THE INTEGRATED POSTSECONDARY EDUCATION DATA

SYSTEM OF THE NATIONAL CENTER FOR EDUCATION STATISTICS.

(IV) THE AMOUNT OF $162,264,000 SHALL BE USED FOR

GENERAL STUDENT EDUCATION AND SUPPORT AT AN INTUITION OF

HIGHER EDUCATION WITH A MAIN CAMPUS IN A CITY OF THE

SECOND CLASS AND A 2020-2021 FULL-TIME EQUIVALENT TOTAL

STUDENT ENROLLMENT OF BETWEEN 28,000 AND 31,000 BASED ON

DATA FROM THE INTEGRATED POSTSECONDARY EDUCATION DATA

SYSTEM OF THE NATIONAL CENTER FOR EDUCATION STATISTICS,

WITH AN ADDITIONAL $3,584,000 TO SUPPORT RURAL EDUCATION

OUTREACH.

(V) THE SUM OF $19,000,000 SHALL BE USED FOR GENERAL

STUDENT EDUCATION AND SUPPORT AT AN INSTITUTION OF HIGHER

EDUCATION WITH A MAIN CAMPUS IN A COUNTY OF THE THIRD

CLASS WITH A POPULATION BETWEEN 544,000 AND 546,000 BASED

ON THE UNITED STATES CENSUS BUREAU'S 2022 POPULATION

ESTIMATE IN THE ANNUAL ESTIMATES OF THE RESIDENT

20230HB1300PN2107 - 222 -

POPULATION FOR COUNTIES OF PENNSYLVANIA: APRIL 1, 2020 TO

JULY 1, 2022, AND A 2020-2021 FULL-TIME EQUIVALENT TOTAL

STUDENT ENROLLMENT OF BETWEEN 1,000 AND 3,000 BASED ON

DATA FROM THE INTEGRATED POSTSECONDARY EDUCATION DATA

SYSTEM OF THE NATIONAL CENTER FOR EDUCATION STATISTICS.

(2) FROM AN APPROPRIATION FOR ADULT AND FAMILY LITERACY

PROGRAMS, SUMMER READING PROGRAMS AND THE ADULT HIGH SCHOOL

DIPLOMAS PROGRAM. THE FOLLOWING APPLY:

(I) NO LESS THAN THE AMOUNT ALLOCATED IN THE 2014-

2015 FISCAL YEAR SHALL BE ALLOCATED 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

64,730, BUT NOT MORE THAN 65,558; AND

(II) NO LESS THAN THE AMOUNT ALLOCATED IN THE 2016-

2017 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 MOST RECENT FEDERAL DECENNIAL CENSUS, OF AT LEAST

320,000, BUT NOT MORE THAN 330,000.

(III) FROM MONEY APPROPRIATED FOR ADULT AND FAMILY

LITERACY, AT LEAST $1,050,000 SHALL BE USED TO DEVELOP

AND ADMINISTER A PROGRAM TO SUBSIDIZE THE COST OF HIGH

SCHOOL EQUIVALENCY TESTING THAT LEADS TO A COMMONWEALTH

SECONDARY SCHOOL DIPLOMA CREDENTIAL FOR INDIVIDUALS WHO

MEET REQUIREMENTS ESTABLISHED BY THE DEPARTMENT.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

APPROPRIATION FOR PUPIL TRANSPORTATION MAY NOT BE REDIRECTED

FOR ANY PURPOSE.

(4) FOR MONEY APPROPRIATED FOR PENNSYLVANIA CHARTERED

20230HB1300PN2107 - 223 -

SCHOOLS FOR DEAF AND BLIND CHILDREN, THE FOLLOWING APPLY:

(I) UPON DISTRIBUTION OF THE FINAL TUITION PAYMENT

FOR THE FISCAL YEAR, THE BALANCE OF THE APPROPRIATION,

EXCLUDING AMOUNTS UNDER SUBPARAGRAPH (II), 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 PRIOR FISCAL YEAR.

(II) $1,000,000 IS INCLUDED FOR CAPITAL-RELATED

COSTS AND DEFERRED MAINTENANCE TO BE DIVIDED EQUALLY

BETWEEN EACH SCHOOL.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

AMOUNT OF MONEY 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.

(6) MONEY APPROPRIATED FOR REGIONAL COMMUNITY COLLEGE

SERVICES SHALL BE DISTRIBUTED TO EACH ENTITY THAT RECEIVED

FUNDING IN FISCAL YEAR 2022-2023 IN AN AMOUNT EQUAL TO THE

AMOUNT RECEIVED IN THAT FISCAL YEAR.

(7) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MONEY

APPROPRIATED FOR COMMUNITY EDUCATION COUNCILS SHALL BE

DISTRIBUTED IN A MANNER THAT EACH COMMUNITY EDUCATION COUNCIL

WHICH RECEIVED FUNDING IN FISCAL YEAR 2022-2023 SHALL RECEIVE

AN AMOUNT EQUAL TO THE AMOUNT RECEIVED IN THAT FISCAL YEAR.

(7.1) FROM MONEY APPROPRIATED FOR PARENT PATHWAYS, THE

DEPARTMENT OF EDUCATION SHALL EXPAND THE PARENT PATHWAYS

LEARNING NETWORK PILOT PROGRAM TO ASSIST PARENTING STUDENTS

20230HB1300PN2107 - 224 -

IN PURSUING POSTSECONDARY PATHWAYS TO POSTSECONDARY DEGREE OR

CERTIFICATE COMPLETION. THE DEPARTMENT OF EDUCATION SHALL

PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE TO POSTSECONDARY

INSTITUTIONS TO REMOVE BARRIERS TO POSTSECONDARY DEGREE OR

CERTIFICATE COMPLETION AND INCREASE ACCESS TO FAMILY-

SUSTAINING WAGES AND IN-DEMAND OCCUPATIONS.

(8) (RESERVED).

(9) (RESERVED).

(10) (RESERVED).

(11) (RESERVED).

(12) (RESERVED).

(13) (RESERVED).

(14) (RESERVED).

(15) (RESERVED).

(16) (RESERVED).

(17) (RESERVED).

(18) (RESERVED).

(19) (RESERVED).

(20) (RESERVED).

(21) (RESERVED).

(22) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF

EDUCATION, THE DEPARTMENT OF EDUCATION SHALL PAY ONE-THIRD OF

THE COST FOR THE COMMISSION ON EDUCATION AND ECONOMIC

COMPETITIVENESS TO IMPLEMENT A CONTRACT FOR A NONPROFIT

ENTITY THAT HAS EXPERIENCE IN THE CREATION OF LONG-TERM

EDUCATION PLANNING EFFORTS AS REQUIRED UNDER SECTION 123.1(G)

OF THE PUBLIC SCHOOL CODE OF 1949. A PROCUREMENT UNDER THIS

PARAGRAPH SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF 62

PA.C.S. (RELATING TO PROCUREMENT). THE DEPARTMENT OF

EDUCATION SHALL COLLABORATE WITH ANY OTHER STATE AGENCY AS

20230HB1300PN2107 - 225 -

NECESSARY TO IMPLEMENT A PROCUREMENT UNDER THIS PARAGRAPH.

(23) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF

EDUCATION FOR GRANTS TO SCHOOL DISTRICTS TO ASSIST IN MEETING

FEDERAL MATCHING REQUIREMENTS FOR GRANTS RECEIVED UNDER THE

FEDERAL CHILD NUTRITION ACT OF 1966 AND TO AID IN PROVIDING A

FOOD PROGRAM FOR NEEDY CHILDREN, THE FOLLOWING SHALL APPLY:

(I) AN ADDITIONAL STATE REIMBURSEMENT FOR THE SCHOOL

BREAKFAST PROGRAM SHALL BE PROVIDED AS FOLLOWS:

(A) THE DEPARTMENT OF EDUCATION SHALL PROVIDE

STATE REIMBURSEMENT TO A SCHOOL IN AN AMOUNT EQUAL TO

THE DIFFERENCE BETWEEN THE FEDERAL FREE REIMBURSEMENT

RATE AND THE REDUCED PRICE AND THE PAID REIMBURSEMENT

RATE UNDER THE SCHOOL BREAKFAST PROGRAM FOR EACH MEAL

PROVIDED UNDER CLAUSE (B).

(B) IN ORDER TO RECEIVE REIMBURSEMENT UNDER THIS

SUBPARAGRAPH, A SCHOOL SHALL:

(I) PARTICIPATE IN THE SCHOOL BREAKFAST

PROGRAM.

(II) MAKE AVAILABLE A MEAL THAT MEETS THE

REQUIREMENTS OF THE SCHOOL BREAKFAST PROGRAM TO

EVERY STUDENT IN ATTENDANCE EACH SCHOOL DAY AT NO

COST TO THE STUDENT REGARDLESS OF THE STUDENT'S

ELIGIBILITY FOR A FEDERALLY FUNDED FREE, REDUCED

PRICE OR PAID MEAL.

(III) BE ELIGIBLE FOR REIMBURSEMENT UNDER

SECTION 1337.1 OF THE PUBLIC SCHOOL CODE OF 1949.

(II) AN ADDITIONAL STATE REIMBURSEMENT FOR THE

SCHOOL LUNCH PROGRAM SHALL BE PROVIDED AS FOLLOWS:

(A) THE DEPARTMENT OF EDUCATION SHALL PROVIDE

STATE REIMBURSEMENT TO A SCHOOL IN AN AMOUNT EQUAL TO

20230HB1300PN2107 - 226 -

THE DIFFERENCE BETWEEN THE FEDERAL FREE REIMBURSEMENT

RATE AND THE REDUCED -PRICE RATE UNDER THE SCHOOL

LUNCH PROGRAM FOR EACH MEAL PROVIDED UNDER CLAUSE

(B}.

(B) IN ORDER TO RECEIVE REIMBURSEMENT UNDER THIS

SUBPARAGRAPH, A SCHOOL SHALL:

(I) PARTICIPATE IN THE SCHOOL LUNCH PROGRAM.

(II) MAKE AVAILABLE A MEAL THAT MEETS THE

REQUIREMENTS OF THE SCHOOL LUNCH PROGRAM TO EVERY

STUDENT IN ATTENDANCE EACH SCHOOL DAY WHO IS

ELIGIBLE TO RECEIVE A FEDERALLY FUNDED REDUCED-

PRICE MEAL AT NO COST TO THE STUDENT.

(III) BE ELIGIBLE FOR REIMBURSEMENT UNDER

SECTION 1337.1 OF THE PUBLIC SCHOOL CODE OF 1949.

(III) FOR THE PURPOSES OF THIS PARAGRAPH, THE

FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

"SCHOOL" SHALL HAVE THE SAME MEANING AS GIVEN TO THAT

TERM IN 7 CFR 210.2 (RELATING TO DEFINITIONS).

"SCHOOL BREAKFAST PROGRAM" SHALL HAVE THE SAME

MEANING AS GIVEN TO THAT TERM IN 7 CFR PT. 220 (RELATING

TO SCHOOL BREAKFAST PROGRAM).

"SCHOOL LUNCH PROGRAM" SHALL HAVE THE SAME MEANING AS

GIVEN TO THE TERM "NATIONAL SCHOOL LUNCH PROGRAM" IN 7

CFR 210.2.

(24) MONEY APPROPRIATED FOR JOB TRAINING AND EDUCATION

PROGRAMS SHALL BE USED FOR GRANTS FOR JOB TRAINING, DUAL

ENROLLMENT AND EDUCATIONAL PROGRAMS.

(25) MONEY APPROPRIATED FOR MOBILE SCIENCE AND

MATHEMATICS EDUCATION PROGRAMS SHALL BE USED FOR GRANTS TO

SUPPORT MOBILE SCIENCE AND MATHEMATICS EDUCATION PROGRAMS.

20230HB1300PN2107 - 227 -

(26) THE SECRETARY OF EDUCATION SHALL TRANSFER FUNDING

APPROPRIATED FOR TEACHER STIPENDS IN THE GENERAL

APPROPRIATION ACT OF 2023 TO PROVIDE FOR GRANTS AND

ADMINISTRATION OF THE EDUCATOR PIPELINE SUPPORT GRANT PROGRAM

ESTABLISHED UNDER ARTICLE XII-B OF THE PUBLIC SCHOOL CODE OF

1949 .

SECTION 1724 -F.3 . DEPARTMENT OF ENVIRONMENTAL PROTECTION

(RESERVED).

SECTION 1725 -F.3 . 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 1726 -F.3 . DEPARTMENT OF HEALTH.

THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF

HEALTH:

(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT

OPERATIONS, SUFFICIENT MONEY IS INCLUDED FOR THE COORDINATION

OF DONATED DENTAL SERVICES.

(2) (RESERVED).

(3) FROM MONEY APPROPRIATED FOR PRIMARY HEALTH CARE

PRACTITIONER, THE FOLLOWING APPLY:

(I) NO LESS THAN $3,451,000 SHALL BE USED FOR

PRIMARY CARE LOAN REPAYMENT GRANT AWARDS.

(II) NO LESS THAN $1,500,000 SHALL BE USED FOR THE

PENNSYLVANIA ACADEMY OF FAMILY PHYSICIANS FAMILY MEDICINE

RESIDENCY EXPANSION PROGRAM.

(III) NO LESS THAN $1,300,000 SHALL BE USED FOR THE

PENNSYLVANIA ACADEMY OF FAMILY PHYSICIANS FAMILY MEDICINE

RESIDENCY COMMUNITY HEALTH IMPACT GRANT PROGRAM.

20230HB1300PN2107 - 228 -

(IV) GRANTEES OTHER THAN AS PROVIDED UNDER

SUBPARAGRAPHS (I), (II) AND (III) THAT RECEIVED AMOUNTS

IN THE 2022-2023 FISCAL YEAR SHALL RECEIVE THE AMOUNT

EACH GRANTEE RECEIVED IN THE 2022-2023 FISCAL YEAR.

(4) MONEY APPROPRIATED FOR SERVICES FOR CHILDREN WITH

SPECIAL NEEDS SHALL BE DISTRIBUTED TO GRANTEES IN THE SAME

PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.

(5) FROM MONEY APPROPRIATED FOR ADULT CYSTIC FIBROSIS

AND OTHER CHRONIC RESPIRATORY ILLNESSES, THE FOLLOWING APPLY:

(I) NO LESS THAN $212,000 SHALL BE USED FOR A

PROGRAM PROMOTING CYSTIC FIBROSIS RESEARCH IN A COUNTY OF

THE SECOND CLASS.

(II) NO LESS THAN $106,000 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.

(III) ANY MONEY NOT USED UNDER SUBPARAGRAPH (I) OR

(II) SHALL BE DISTRIBUTED TO GRANTEES IN THE SAME

PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.

(6) MONEY 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.

(7) MONEY APPROPRIATED FOR HEMOPHILIA SERVICES SHALL BE

DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED

IN FISCAL YEAR 2019-2020.

(8) MONEY APPROPRIATED FOR LUPUS PROGRAMS SHALL BE

DISTRIBUTED PROPORTIONATELY TO EACH ENTITY THAT RECEIVED

FUNDING IN FISCAL YEAR 2018-2019.

(9) FROM MONEY APPROPRIATED FOR SICKLE CELL ANEMIA

20230HB1300PN2107 - 229 -

SERVICES, INCLUDING CAMPS FOR CHILDREN WITH SICKLE CELL

ANEMIA, THE FOLLOWING SHALL APPLY:

(I) GRANTEES WHICH RECEIVED AMOUNTS IN FISCAL YEAR

2019-2020 SHALL RECEIVE AN AMOUNT WHICH IS IN THE SAME

PROPORTION AS DISTRIBUTED IN FISCAL YEAR 2019-2020.

(II) $75,000 SHALL BE DISTRIBUTED TO A QUALIFYING

ACADEMIC MEDICAL CENTER LOCATED IN A COUNTY OF THE THIRD

CLASS WITH A POPULATION BETWEEN 280,000 AND 300,000 UNDER

THE MOST RECENT FEDERAL DECENNIAL CENSUS FOR EXPANDED

CARE OF ADULT SICKLE CELL DISEASE.

(10) MONEY APPROPRIATED FOR LYME DISEASE INCLUDES

$2,000,000 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.

(11) 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, FOR GENETIC AND MOLECULAR RESEARCH FOR DISEASE

IDENTIFICATION AND ERADICATION, FOR VACCINE IMMUNE RESPONSE

DIAGNOSTICS, FOR NANOTECHNOLOGY AND FOR THE COMMERCIALIZATION

OF APPLIED RESEARCH.

SECTION 1727 -F.3 . INSURANCE DEPARTMENT (RESERVED).

SECTION 1728 -F.3 . DEPARTMENT OF LABOR AND INDUSTRY.

THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF

LABOR AND INDUSTRY:

(1) FROM MONEY APPROPRIATED FOR INDUSTRY PARTNERSHIPS,

NO LESS THAN THE AMOUNT ALLOCATED IN THE 2014-2015 FISCAL

YEAR SHALL BE USED FOR A WORK FORCE DEVELOPMENT PROGRAM THAT

20230HB1300PN2107 - 230 -

LINKS VETERANS WITH EMPLOYMENT IN A HOME RULE COUNTY THAT WAS

FORMERLY A COUNTY OF THE SECOND CLASS A.

(2) FROM MONEY APPROPRIATED TO THE DEPARTMENT OF LABOR

AND INDUSTRY, THE DEPARTMENT OF LABOR AND INDUSTRY SHALL PAY

ONE-THIRD OF THE COST FOR THE COMMISSION ON EDUCATION AND

ECONOMIC COMPETITIVENESS TO IMPLEMENT A CONTRACT FOR A

NONPROFIT ENTITY THAT HAS EXPERIENCE IN THE CREATION OF LONG-

TERM EDUCATION PLANNING EFFORTS AS REQUIRED UNDER SECTION

123.1(G) OF THE PUBLIC SCHOOL CODE OF 1949. A PROCUREMENT

UNDER THIS PARAGRAPH SHALL NOT BE SUBJECT TO THE REQUIREMENTS

OF 62 PA.C.S. (RELATING TO PROCUREMENT). THE DEPARTMENT OF

LABOR AND INDUSTRY SHALL COLLABORATE WITH ANY OTHER STATE

AGENCY AS NECESSARY TO IMPLEMENT A PROCUREMENT UNDER THIS

PARAGRAPH.

SECTION 1729 -F.3 . DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(RESERVED).

SECTION 1730 -F.3 . 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, $580,000 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,

20230HB1300PN2107 - 231 -

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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FROM THE

MONEY APPROPRIATED FOR MENTAL HEALTH SERVICES, $20,000,000

SHALL BE USED FOR COUNTY MENTAL HEALTH SERVICES IN ADDITION

TO THE COUNTY FUNDING PROVIDED UNDER THE ACT OF OCTOBER 20,

1966 (3RD SP.SESS., P.L.96, NO.6), KNOWN AS THE MENTAL HEALTH

AND INTELLECTUAL DISABILITY ACT OF 1966, AND THE HUMAN

SERVICES BLOCK GRANT PROGRAM UNDER ARTICLE XIV-B OF THE HUMAN

SERVICES CODE. THE FOLLOWING APPLY:

(I) MONEY SHALL BE DISTRIBUTED TO EACH COUNTY AND

COUNTY LOCAL COLLABORATIVE ARRANGEMENT ON A PRO RATA

BASIS BASED UPON FISCAL YEAR 2022-2023 MENTAL HEALTH

COMMUNITY BASE FUNDED SERVICES ALLOCATIONS.

(II) COUNTY MENTAL HEALTH SERVICES SHALL BE PROVIDED

AND REPORTED IN ACCORDANCE WITH THE REPORTING AND

MONITORING REQUIREMENTS OF THE DEPARTMENT OF HUMAN

SERVICES.

(III) MONEY RECEIVED UNDER THIS PARAGRAPH MAY NOT BE

INCLUDED IN THE CALCULATION OF THE ALLOCATION OF FUNDS

UNDER THE HUMAN SERVICES BLOCK GRANT PROGRAM.

(3) SUBJECT TO THE AVAILABILITY OF FEDERAL MONEY AND

ELIGIBILITY UNDER FEDERAL TANFBG RULES, GRANTEES WHO OPERATED

WITHIN THE PA WORKWEAR PROGRAM IN THE PRIOR FISCAL YEAR AND

WHO REMAIN IN OPERATION SHALL BE OFFERED A GRANT FOR THE

FISCAL YEAR TO CONTINUE SERVICE DELIVERY UNDER SUBSTANTIALLY

20230HB1300PN2107 - 232 -

SIMILAR TERMS AS PREVIOUS PA WORKWEAR GRANTS UNLESS BOTH

PARTIES AGREE TO ALTERNATE TERMS. NOTHING IN THIS PARAGRAPH

SHALL PROHIBIT THE DEPARTMENT OF HUMAN SERVICES FROM OFFERING

A GRANT TO A PROSPECTIVE PA WORKWEAR PROVIDER TO REPLACE A

PRIOR GRANTEE WHO CHOOSES NOT TO CONTINUE TO OPERATE IN THE

PROGRAM.

(4) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE

CAPITATION:

(I) NO LESS THAN THE AMOUNT USED IN THE 2014-2015

FISCAL YEAR SHALL BE USED FOR PREVENTION AND TREATMENT OF

DEPRESSION AND ITS COMPLICATIONS IN OLDER PENNSYLVANIANS

IN A COUNTY OF THE SECOND CLASS.

(II) SUBJECT TO FEDERAL APPROVAL AS MAY BE NECESSARY

AND CONTINGENT ON FEDERAL FINANCIAL PARTICIPATION

BEGINNING JANUARY 1, 2024, SUFFICIENT FUNDS ARE INCLUDED

TO PROVIDE RATES FOR AMBULANCE TRANSPORTATION FOR GROUND

MILEAGE AT NOT LESS THAN $8.80 PER MILE FOR EACH LOADED

MILE.

(5) THE FOLLOWING SHALL APPLY TO AMOUNTS APPROPRIATED

FOR MEDICAL ASSISTANCE FEE-FOR-SERVICE:

(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 SELECTPLAN FOR WOMEN'S

PREVENTATIVE HEALTH SERVICES SHALL BE USED FOR WOMEN'S

MEDICAL SERVICES, INCLUDING NONINVASIVE CONTRACEPTION

20230HB1300PN2107 - 233 -

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) NO LESS THAN $330,000 SHALL BE USED FOR CLEFT

PALATES AND OTHER CRANIOFACIAL ANOMALIES.

(V) NO LESS THAN $800,000 SHALL BE DISTRIBUTED TO A

HOSPITAL FOR CLINICAL OPHTHALMOLOGIC SERVICES LOCATED IN

A CITY OF THE FIRST CLASS.

(VI) (RESERVED).

(VII) NO LESS THAN $5,000,000 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,

PROVIDED THAT SERVICES AND SPECIALTIES AVAILABLE ON THE

EFFECTIVE DATE OF THIS PARAGRAPH MUST REMAIN AVAILABLE

UNTIL JULY 1, 2024, AND COMPLIANCE WITH ANY OTHER

REQUIREMENTS IMPOSED BY THE DEPARTMENT OF HUMAN SERVICES.

THE DEPARTMENT OF HUMAN SERVICES MAY RECOUP FUNDS FROM

ANY HOSPITAL FAILING TO MEET THE CONDITIONS UNDER THIS

PARAGRAPH.

(VIII) NO LESS THAN $2,000,000 SHALL BE DISTRIBUTED

TO A UNIVERSITY LOCATED IN A CITY OF THE FIRST CLASS TO

RESEARCH THE IMPACT OF TRAUMA-INFORMED PROGRAMS ON

COMMUNITY VIOLENCE PREVENTION AND HEALTH DISPARITIES.

20230HB1300PN2107 - 234 -

(IX) NO LESS THAN $3,000,000 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 HEALTH AND MEDICAL

REHABILITATION PEDIATRIC OUTPATIENT SERVICES.

(X) NO LESS THAN $1,250,000 SHALL BE DISTRIBUTED TO

AN ACUTE CARE HOSPITAL IN A CITY OF THE THIRD CLASS WITH

A POPULATION BETWEEN 14,000 AND 15,000 ACCORDING TO THE

MOST RECENT FEDERAL DECENNIAL CENSUS IN A COUNTY OF THE

THIRD CLASS WITH A POPULATION BETWEEN 350,000 AND 370,000

ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS.

(XI) SUBJECT TO FEDERAL APPROVAL AS MAY BE NECESSARY

AND CONTINGENT ON FEDERAL FINANCIAL PARTICIPATION,

BEGINNING JANUARY 1, 2024, SUFFICIENT FUNDS ARE INCLUDED

TO PROVIDE RATES FOR AMBULANCE TRANSPORTATION FOR GROUND

MILEAGE AT NOT LESS THAN $8.80 PER MILE FOR EACH LOADED

MILE.

(6) TO SUPPLEMENT THE MONEY APPROPRIATED TO THE

DEPARTMENT FOR MEDICAL ASSISTANCE FOR WORKERS WITH

DISABILITIES, IN ADDITION TO THE MONTHLY PREMIUM UNDER

SECTION 1503(B)(1) OF THE ACT OF JUNE 26, 2001 (P.L.755,

NO.77), KNOWN AS THE TOBACCO SETTLEMENT ACT, THE DEPARTMENT

MAY ADJUST THE PERCENTAGE OF THE PREMIUM UPON APPROVAL OF THE

CENTERS FOR MEDICARE AND MEDICAID SERVICES AS AUTHORIZED

UNDER FEDERAL REQUIREMENTS. FAILURE TO MAKE PAYMENTS IN

ACCORDANCE WITH THIS PARAGRAPH OR SECTION 1503(B)(1) OF THE

TOBACCO SETTLEMENT ACT SHALL RESULT IN THE TERMINATION OF

MEDICAL ASSISTANCE COVERAGE.

(7) QUALIFYING PHYSICIAN PRACTICE PLANS THAT RECEIVED

MONEY FOR FISCAL YEAR 2017-2018 SHALL NOT RECEIVE LESS THAN

20230HB1300PN2107 - 235 -

THE STATE APPROPRIATION MADE AVAILABLE TO THOSE PHYSICIAN

PRACTICE PLANS DURING FISCAL YEAR 2017-2018.

(8) FEDERAL OR STATE MONEY APPROPRIATED UNDER THE

GENERAL APPROPRIATION ACT OF 2023 IN ACCORDANCE WITH 35

PA.C.S. § 8107.3 (RELATING TO FUNDING) NOT USED TO MAKE

PAYMENTS TO HOSPITALS QUALIFYING AS LEVEL III TRAUMA CENTERS

OR SEEKING ACCREDITATION AS LEVEL III TRAUMA CENTERS SHALL BE

USED TO MAKE PAYMENTS TO HOSPITALS QUALIFYING AS LEVELS I AND

II TRAUMA CENTERS.

(9) QUALIFYING ACADEMIC MEDICAL CENTERS THAT RECEIVED

MONEY FOR FISCAL YEAR 2017-2018 SHALL RECEIVE THE SAME AMOUNT

FROM THE STATE APPROPRIATION MADE AVAILABLE TO THOSE ACADEMIC

MEDICAL CENTERS DURING FISCAL YEAR 2017-2018.

(10) MONEY APPROPRIATED FOR MEDICAL ASSISTANCE

TRANSPORTATION SHALL ONLY BE UTILIZED AS A PAYMENT OF LAST

RESORT FOR TRANSPORTATION FOR ELIGIBLE MEDICAL ASSISTANCE

RECIPIENTS.

(11) MONEY APPROPRIATED FOR INTELLECTUAL DISABILITIES -

WORKFORCE DEVELOPMENT AND RETENTION SHALL BE UTILIZED TO

ADDRESS THE WORKFORCE SHORTAGE OF DIRECT SUPPORT

PROFESSIONALS AND OTHER INDIVIDUALS WHO SUPPORT PEOPLE WITH

INTELLECTUAL DISABILITIES.

(12) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE

LONG-TERM LIVING:

(I) NO LESS THAN THE AMOUNT DISTRIBUTED IN THE 2014-

2015 FISCAL YEAR SHALL BE DISTRIBUTED TO A COUNTY NURSING

HOME LOCATED IN A HOME RULE COUNTY THAT WAS FORMERLY A

COUNTY OF THE SECOND CLASS A WITH MORE THAN 725 BEDS AND

A MEDICAID ACUITY AT 0.79 AS OF AUGUST 1, 2015.

(II) NO LESS THAN THE AMOUNT USED IN THE 2020-2021

20230HB1300PN2107 - 236 -

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 1.06 AS OF AUGUST

1, 2022, TO ENSURE ACCESS TO NECESSARY NURSING CARE IN

THAT COUNTY.

(III) $5,000,000 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 1.11 AS OF

AUGUST 1, 2022, TO ENSURE ACCESS TO NECESSARY NURSING

HOME CARE IN THAT COUNTY.

(IV) AN ADDITIONAL $500,000 SHALL BE PAID IN EQUAL

PAYMENTS TO NURSING FACILITIES WHICH REMAIN OPEN AS OF

THE EFFECTIVE DATE OF THIS SECTION THAT QUALIFIED FOR

SUPPLEMENTAL VENTILATOR CARE AND TRACHEOSTOMY CARE

PAYMENTS IN FISCAL YEAR 2014-2015 WITH A PERCENTAGE OF

MEDICAL ASSISTANCE RECIPIENT RESIDENTS WHO REQUIRED

MEDICALLY NECESSARY VENTILATOR CARE OR TRACHEOSTOMY CARE

GREATER THAN 90%.

(V) SUBJECT TO FEDERAL APPROVAL OF NECESSARY

AMENDMENTS OF THE TITLE XIX STATE PLAN, $16,000,000 IS

ALLOCATED FOR MEDICAL ASSISTANCE DAY-ONE INCENTIVE

PAYMENTS TO QUALIFIED NONPUBLIC NURSING FACILITIES UNDER

METHODOLOGY AND CRITERIA UNDER SECTION 443.1(7)(VI) OF

THE HUMAN SERVICES CODE. THE DEPARTMENT OF HUMAN SERVICES

SHALL DETERMINE A NONPUBLIC NURSING FACILITY'S OVERALL

AND MEDICAL ASSISTANCE OCCUPANCY RATE TO QUALIFY FOR A

MEDICAL ASSISTANCE DAY-ONE INCENTIVE PAYMENT FOR THE

FISCAL YEAR BASED ON A NURSING FACILITY'S RESIDENT DAY

QUARTER ENDING DECEMBER 31, 2019, FOR THE FIRST OF TWO

PAYMENTS AND A NURSING FACILITY'S RESIDENT DAY QUARTER

20230HB1300PN2107 - 237 -

ENDING MARCH 31, 2020, FOR THE SECOND OF TWO PAYMENTS.

(VI) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND

SUBJECT TO FEDERAL APPROVAL AS MAY BE NECESSARY, FOR

FISCAL YEAR 2023-2024, THE DEPARTMENT OF HUMAN SERVICES

SHALL CALCULATE EACH NONPUBLIC NURSING FACILITY'S CASE-

MIX RATE BASED ON THE COST DATABASE AND PEER GROUP PRICES

FOR EACH NET OPERATING COST CENTER USED IN THE

CALCULATION OF EACH NONPUBLIC NURSING FACILITY'S CASE-MIX

FOR FISCAL YEAR 2022-2023. EACH NONPUBLIC NURSING

FACILITY'S CASE-MIX RATE SHALL BE ADJUSTED QUARTERLY IN

ACCORDANCE WITH 55 PA. CODE § 1187.96(A)(5) (RELATING TO

PRICE- AND RATE- SETTING COMPUTATIONS).

(13) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE

COMMUNITY HEALTHCHOICES:

(I) (RESERVED).

(II) SUBJECT TO FEDERAL APPROVAL AS MAY BE NECESSARY

AND CONTINGENT ON FEDERAL FINANCIAL PARTICIPATION,

BEGINNING JANUARY 1, 2024, SUFFICIENT FUNDS ARE INCLUDED

TO PROVIDE RATES FOR AMBULANCE TRANSPORTATION FOR GROUND

MILEAGE AT NOT LESS THAN $8.80 PER MILE FOR EACH LOADED

MILE.

(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND

SUBJECT TO FEDERAL APPROVAL AS MAY BE NECESSARY, FOR

FISCAL YEAR 2023-2024, THE DEPARTMENT OF HUMAN SERVICES

SHALL CALCULATE EACH NONPUBLIC NURSING FACILITY'S CASE-

MIX RATE BASED ON THE COST DATABASE AND PEER GROUP PRICES

FOR EACH NET OPERATING COST CENTER USED IN THE

CALCULATION OF EACH NONPUBLIC NURSING FACILITY'S CASE-MIX

FOR FISCAL YEAR 2022-2023. EACH NONPUBLIC NURSING

FACILITY'S CASE-MIX RATE SHALL BE ADJUSTED QUARTERLY IN

20230HB1300PN2107 - 238 -

ACCORDANCE WITH 55 PA. CODE § 1187.96(A)(5).

(14) FROM MONEY APPROPRIATED FOR AUTISM INTERVENTION AND

SERVICES:

(I) $600,000 SHALL BE ALLOCATED TO A BEHAVIORAL

HEALTH FACILITY LOCATED IN A COUNTY OF THE FIFTH CLASS

WITH A POPULATION BETWEEN 140,000 AND 145,000 UNDER THE

MOST RECENT FEDERAL DECENNIAL CENSUS AND SHALL BE

DISTRIBUTED TO A HEALTH SYSTEM THAT OPERATES BOTH A

GENERAL ACUTE CARE HOSPITAL AND A BEHAVIORAL HEALTH

FACILITY THAT HAS A CENTER FOR AUTISM AND DEVELOPMENTAL

DISABILITIES LOCATED IN A COUNTY OF THE FIFTH CLASS WITH

A POPULATION BETWEEN 140,000 AND 145,000 UNDER THE MOST

RECENT FEDERAL DECENNIAL CENSUS;

(II) $300,000 SHALL BE ALLOCATED TO AN INSTITUTION

OF HIGHER EDUCATION THAT PROVIDES AUTISM EDUCATION AND

DIAGNOSTIC CURRICULUM LOCATED IN A CITY OF THE FIRST

CLASS THAT OPERATES A CENTER FOR AUTISM IN A COUNTY OF

THE SECOND CLASS A;

(III) $300,000 SHALL BE ALLOCATED TO AN INSTITUTION

OF HIGHER EDUCATION THAT PROVIDES AUTISM EDUCATION AND

DIAGNOSTIC CURRICULUM AND IS LOCATED IN A COUNTY OF THE

SECOND CLASS;

(IV) NO LESS THAN THE AMOUNT DISTRIBUTED IN THE

2014-2015 FISCAL YEAR SHALL BE ALLOCATED FOR PROGRAMS TO

PROMOTE THE HEALTH AND FITNESS OF PERSONS WITH

DEVELOPMENTAL DISABILITIES LOCATED IN A CITY OF THE FIRST

CLASS; AND

(V) $600,000 SHALL BE ALLOCATED FOR AN ENTITY THAT

PROVIDES ALTERNATIVE EDUCATIONAL SERVICES TO INDIVIDUALS

WITH AUTISM AND DEVELOPMENTAL DISABILITIES IN THE COUNTY

20230HB1300PN2107 - 239 -

WHICH WAS MOST RECENTLY DESIGNATED AS A COUNTY OF THE

SECOND CLASS A.

(15) (RESERVED).

(16) (RESERVED).

(17) (RESERVED).

(18) MONEY APPROPRIATED FOR BREAST CANCER SCREENING MAY

BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING NONINVASIVE

CONTRACEPTION SUPPLIES.

(19) FROM THE APPROPRIATION FOR 2-1-1 COMMUNICATIONS,

$750,000 SHALL BE ALLOCATED FOR A STATEWIDE 2-1-1 SYSTEM

GRANT PROGRAM.

(20) THE APPROPRIATION FOR SERVICES FOR THE VISUALLY

IMPAIRED SHALL INCLUDE THE FOLLOWING:

(I) AN ALLOCATION OF $3,904,080 FOR A STATEWIDE

PROFESSIONAL SERVICES PROVIDER ASSOCIATION FOR THE BLIND

TO PROVIDE TRAINING AND SUPPORTIVE SERVICES FOR

INDIVIDUALS WHO ARE BLIND AND PRESCHOOL VISION SCREENINGS

AND EYE SAFETY EDUCATION; AND

(II) AN ALLOCATION OF $798,000 TO PROVIDE

SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS SERVICES

IN CITIES OF THE FIRST CLASS.

(21) THE PROVISIONS OF 8 U.S.C. §§ 1611 (RELATING TO

ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR FEDERAL

PUBLIC BENEFITS), 1612 (RELATING TO LIMITED ELIGIBILITY OF

QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAMS) AND 1642

(RELATING TO VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC

BENEFITS) SHALL APPLY TO PAYMENTS AND PROVIDERS.

(22) (RESERVED).

(23) THE DEPARTMENT OF HUMAN SERVICES SHALL NOT ADD NON-

MEDICALLY NECESSARY SERVICES TO THE MEDICAL ASSISTANCE

20230HB1300PN2107 - 240 -

PROGRAM THAT WOULD RESULT IN THE NEED FOR A SUPPLEMENTAL

APPROPRIATION WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY.

EACH PROPOSED SERVICE SHALL BE OUTLINED IN THE GOVERNOR'S

EXECUTIVE BUDGET OR SUBSEQUENT UPDATES PROVIDED IN WRITING TO

THE GENERAL ASSEMBLY.

(24) NO LATER THAN 12 MONTHS AFTER THE ENACTMENT OF THE

GENERAL APPROPRIATION ACT OF 2023, THE DEPARTMENT OF HUMAN

SERVICES SHALL COMPLETE A REPORT, BASED ON THE INFORMATION

SUBMITTED TO THE DEPARTMENT, WHICH ANALYZES THE WAGES FOR

DIRECT CARE WORKERS AND DIRECT SUPPORT PROFESSIONALS WHO

PROVIDE SERVICES UNDER THE DEPARTMENT OF HUMAN SERVICES'

OFFICE OF DEVELOPMENTAL PROGRAMS AND OFFICE OF LONG TERM

LIVING. THE FOLLOWING SHALL APPLY:

(I) THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING:

(A) THE AVERAGE WAGES PAID TO DIRECT CARE

WORKERS AND DIRECT SUPPORT PROFESSIONALS UNDER EACH

APPLICABLE PROGRAM.

(B) WHETHER WAGES FOR DIRECT CARE WORKERS AND

DIRECT SUPPORT PROFESSIONALS INCREASED SINCE THE

IMPLEMENTATION OF THE APPLICABLE PROGRAM AND THE

PERCENTAGE INCREASE.

(II) THE DEPARTMENT OF HUMAN SERVICES SHALL SUBMIT

THE REPORT TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES,

THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH

AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HUMAN

SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

20230HB1300PN2107 - 241 -

SECTION 1731 -F.3 . DEPARTMENT OF REVENUE (RESERVED).

SECTION 1732-F.3. DEPARTMENT OF STATE (RESERVED).

SECTION 1733-F.3. DEPARTMENT OF TRANSPORTATION (RESERVED).

SECTION 1734-F.3. PENNSYLVANIA STATE POLICE (RESERVED).

SECTION 1735-F.3. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:

(1) MONEY APPROPRIATED FOR SEARCH AND RESCUE PROGRAMS

SHALL BE USED TO SUPPORT PROGRAMS RELATED TO TRAINING WORKING

SERVICE DOGS FOCUSING ON RESCUE AND PUBLIC SAFETY.

(2) MONEY APPROPRIATED FOR THE STATE FIRE COMMISSIONER

INCLUDES FUNDING FOR A STATEWIDE RECRUITMENT AND RETENTION

COORDINATOR AND REGIONAL TECHNICAL ADVISORS TO DEVELOP,

IMPLEMENT AND DELIVER RECRUITMENT AND RETENTION TRAINING

PROGRAMS AND PROVIDE TECHNICAL ASSISTANCE TO LOCAL FIRE

ORGANIZATIONS AND LOCAL GOVERNMENTS.

(3) MONEY APPROPRIATED FOR STATE DISASTER ASSISTANCE

SHALL BE USED TO PROVIDE INDIVIDUAL DISASTER RECOVERY

ASSISTANCE TO ASSIST IN THE RECOVERY FROM EMERGENCIES AND

NON-FEDERALLY DECLARED DISASTERS. AMOUNTS UNDER THIS

PARAGRAPH MAY BE USED FOR CRITICAL NEEDS ASSISTANCE AND TO

REPAIR DAMAGE TO RESIDENTIAL PROPERTIES NOT COMPENSATED BY

INSURANCE OR ANY OTHER FUNDING SOURCES. THE PENNSYLVANIA

EMERGENCY MANAGEMENT AGENCY SHALL DEVELOP GUIDELINES TO

IMPLEMENT THIS PARAGRAPH AND SUBMIT THE GUIDELINES TO THE

LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE NEXT

AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN.

SECTION 1736-F.3. STATE-RELATED UNIVERSITIES (RESERVED).

SECTION 1737-F.3. STATE SYSTEM OF HIGHER EDUCATION.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE STATE

20230HB1300PN2107 - 242 -

SYSTEM OF HIGHER EDUCATION :

(1) IT SHALL BE A CONDITION OF RECEIPT OF MONEY

APPROPRIATED BY THE COMMONWEALTH THAT, FOR THE 2023-2024

ACADEMIC YEAR, THE TUITION LEVEL CHARGED BY AN INSTITUTION TO

STUDENTS WHO ARE RESIDENTS OF THIS COMMONWEALTH SHALL REMAIN

THE SAME AS THE AMOUNT CHARGED TO RESIDENTS OF THIS

COMMONWEALTH DURING THE 2022-2023 ACADEMIC YEAR. THE

DIFFERENCE BETWEEN THE TUITION LEVEL CHARGED FOR RESIDENTS

AND NONRESIDENTS MAY BE WAIVED FOR NONRESIDENT STUDENTS FROM

STATES CONTIGUOUS TO THIS COMMONWEALTH AT THE DISCRETION OF

AN INSTITUTION PRESIDENT.

(2) (RESERVED).

SECTION 1738-F.3. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE

AGENCY.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE

PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY:

(1) THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY

SHALL ALLOCATE $500,000 FROM THE HIGHER EDUCATION ASSISTANCE

FUND FOR THE CHEYNEY UNIVERSITY KEYSTONE ACADEMY.

(2) FROM MONEY APPROPRIATED FOR PAYMENT OF EDUCATION

ASSISTANCE GRANTS, THE AMOUNT OF $1,000,000 SHALL BE

ALLOCATED TO A STATE-OWNED UNIVERSITY LOCATED IN TIOGA COUNTY

FOR MERIT SCHOLARSHIPS.

(3) FROM MONEY APPROPRIATED FOR PENNSYLVANIA INTERNSHIP

PROGRAM GRANTS, FUNDS MAY BE USED FOR INTERNSHIP AND SEMINAR

PROGRAMS.

SECTION 1739-F.3. THADDEUS STEVENS COLLEGE OF TECHNOLOGY.

THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE THADDEUS

STEVENS COLLEGE OF TECHNOLOGY:

(1) FROM FUNDS APPROPRIATED FOR THADDEUS STEVENS COLLEGE

20230HB1300PN2107 - 243 -

OF TECHNOLOGY, THE PRESIDENT OF THE COLLEGE SHALL CAUSE TO BE

PREPARED AND SUBMITTED TO THE SECRETARY OF EDUCATION, THE

PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE HOUSE

OF REPRESENTATIVES, THE MAJORITY LEADER AND THE MINORITY

LEADER OF THE SENATE, THE MAJORITY LEADER AND THE MINORITY

LEADER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND

MINORITY CHAIRPERSON OF THE EDUCATION COMMITTEE OF THE SENATE

AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE EDUCATION

COMMITTEE OF THE HOUSE OF REPRESENTATIVES A COMPREHENSIVE

REPORT OUTLINING THE USE OF FUNDS APPROPRIATED, TO

SPECIFICALLY INCLUDE THE STRATEGIES AND USE OF FUNDS TO

EXPAND STUDENT ENROLLMENT.

(2) (RESERVED).

SECTION 1740-F.3. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION

(RESERVED).

SECTION 1741-F.3. ENVIRONMENTAL HEARING BOARD (RESERVED).

SECTION 1742-F.3. HEALTH CARE COST CONTAINMENT COUNCIL

(RESERVED).

SECTION 1743-F.3. STATE ETHICS COMMISSION (RESERVED).

SECTION 1744-F.3. COMMONWEALTH FINANCING AUTHORITY (RESERVED).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

SECTION 1751-F.3. LEGISLATIVE REFERENCE BUREAU (RESERVED).

SECTION 1752-F.3. LEGISLATIVE BUDGET AND FINANCE COMMITTEE

(RESERVED).

SECTION 1753-F.3. LEGISLATIVE DATA PROCESSING COMMITTEE

(RESERVED).

SECTION 1754-F.3. JOINT STATE GOVERNMENT COMMISSION (RESERVED).

SECTION 1755-F.3. LOCAL GOVERNMENT COMMISSION (RESERVED).

SECTION 1756-F.3. LEGISLATIVE AUDIT ADVISORY COMMISSION

20230HB1300PN2107 - 244 -

(RESERVED).

SECTION 1757-F.3. INDEPENDENT REGULATORY REVIEW COMMISSION

(RESERVED).

SECTION 1758-F.3. CAPITOL PRESERVATION COMMITTEE (RESERVED).

SECTION 1759-F.3. PENNSYLVANIA COMMISSION ON SENTENCING

(RESERVED).

SECTION 1760-F.3. CENTER FOR RURAL PENNSYLVANIA (RESERVED).

SECTION 1761-F.3. COMMONWEALTH MAIL PROCESSING CENTER

(RESERVED).

SECTION 1762-F.3. LEGISLATIVE REAPPORTIONMENT COMMISSION

(RESERVED).

SECTION 1763-F.3. INDEPENDENT FISCAL OFFICE (RESERVED).

SUBARTICLE D

JUDICIAL DEPARTMENT

SECTION 1771-F.3. SUPREME COURT (RESERVED).

SECTION 1772-F.3. SUPERIOR COURT (RESERVED).

SECTION 1773-F.3. COMMONWEALTH COURT (RESERVED).

SECTION 1774-F.3. COURTS OF COMMON PLEAS (RESERVED).

SECTION 1775-F.3. COMMUNITY COURTS; MAGISTERIAL DISTRICT JUDGES

(RESERVED).

SECTION 1776-F.3. PHILADELPHIA MUNICIPAL COURT (RESERVED).

SECTION 1777-F.3. JUDICIAL CONDUCT BOARD (RESERVED).

SECTION 1778-F.3. COURT OF JUDICIAL DISCIPLINE (RESERVED).

SECTION 1779-F.3. JUROR COST REIMBURSEMENT (RESERVED).

SECTION 1780-F.3. COUNTY COURT REIMBURSEMENT (RESERVED).

SUBARTICLE E

GENERAL ASSEMBLY

(RESERVED)

ARTICLE XVII-F.4

2023-2024 RESTRICTIONS ON APPROPRIATIONS

20230HB1300PN2107 - 245 -

FOR FUNDS AND ACCOUNTS

SECTION 1701-F.4. APPLICABILITY.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE

APPLIES TO THE GENERAL APPROPRIATION ACT OF 2023 AND ALL OTHER

APPROPRIATION ACTS OF 2023.

SECTION 1702-F.4. 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 2023." THE ACT OF AUGUST 3,

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

2023.

SECTION 1703-F.4. STATE LOTTERY FUND.

THE FOLLOWING APPLY:

(1) MONEY APPROPRIATED FOR PENNCARE MAY NOT BE UTILIZED

FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING.

(2) (RESERVED).

SECTION 1704-F.4. TOBACCO SETTLEMENT FUND (RESERVED).

SECTION 1705-F.4. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT

(RESERVED).

SECTION 1706-F.4. EMERGENCY MEDICAL SERVICES OPERATING FUND

(RESERVED).

SECTION 1707-F.4. THE STATE STORES FUND (RESERVED).

SECTION 1708-F.4. MOTOR LICENSE FUND (RESERVED).

SECTION 1709-F.4. AVIATION RESTRICTED ACCOUNT (RESERVED).

SECTION 1710-F.4. HAZARDOUS MATERIAL RESPONSE FUND (RESERVED).

SECTION 1711-F.4. MILK MARKETING FUND (RESERVED).

SECTION 1712-F.4. HOME INVESTMENT TRUST FUND (RESERVED).

SECTION 1713-F.4. TUITION ACCOUNT GUARANTEED SAVINGS PROGRAM

FUND (RESERVED).

20230HB1300PN2107 - 246 -

SECTION 1714-F.4. BANKING FUND (RESERVED).

SECTION 1715 -F.4 . FIREARM RECORDS CHECK FUND (RESERVED).

SECTION 1716 -F.4 . BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY

FUND (RESERVED).

SECTION 1717 -F.4 . OIL AND GAS LEASE FUND (RESERVED).

SECTION 1718 -F.4 . HOME IMPROVEMENT ACCOUNT (RESERVED).

SECTION 1719 -F.4 . CIGARETTE FIRE SAFETY AND FIREFIGHTER

PROTECTION ACT ENFORCEMENT FUND (RESERVED).

SECTION 1720 -F.4 . INSURANCE REGULATION AND OVERSIGHT FUND

(RESERVED).

SECTION 1721 -F.4 . PENNSYLVANIA RACE HORSE DEVELOPMENT

RESTRICTED RECEIPTS ACCOUNT (RESERVED).

SECTION 1722 -F.4 . JUSTICE REINVESTMENT FUND (RESERVED).

SECTION 1723 -F.4 . MULTIMODAL TRANSPORTATION FUND (RESERVED).

SECTION 1724 -F.4 . STATE RACING FUND (RESERVED).

SECTION 1725 -F.4 . ABLE SAVINGS PROGRAM FUND (RESERVED).

SECTION 1726 -F.4 . TOURISM PROMOTION FUND (RESERVED).

SECTION 1727-F.4. ENHANCED REVENUE COLLECTION ACCOUNT

(RESERVED).

SECTION 1728 -F.4 . (RESERVED).

SECTION 1729 -F.4 . OPIOID SETTLEMENT RESTRICTED ACCOUNT.

FROM MONEY APPROPRIATED FROM THE OPIOID SETTLEMENT RESTRICTED

ACCOUNT, THE SUM OF $2,000,000 SHALL BE DISTRIBUTED TO A COUNTY

AND TO THE OFFICE OF THE DISTRICT ATTORNEY LOCATED IN A COUNTY

OF THE THIRD CLASS WITH A POPULATION BETWEEN 374,000 AND 375,000

UNDER THE MOST RECENT FEDERAL DECENNIAL CENSUS.

SECTION 1730 -F.4 . COVID-19 RESPONSE RESTRICTED ACCOUNT

(RESERVED).

SECTION 1731 -F.4 . PENNSYLVANIA PREFERRED ® TRADEMARK LICENSING

FUND.

20230HB1300PN2107 - 247 -

NOTWITHSTANDING 3 PA.C.S. § 4616 (RELATING TO PENNSYLVANIA

PREFERRED® TRADEMARK LICENSING FUND), THE DEPARTMENT OF

AGRICULTURE MAY USE MONEY DEPOSITED INTO THE PENNSYLVANIA

PREFERRED® TRADEMARK LICENSING FUND TO PROMOTE ONE OR MORE OF

THE FUNDING OBJECTIVES UNDER 3 PA.C.S. § 4616(C) THROUGH THE

AWARDING OF GRANTS.

SECTION 1732 -F.4 . AGRICULTURAL CONSERVATION EASEMENT PURCHASE

FUND.

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 P ROVIDING 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 SECTION.

SECTION 1733 -F.4 . RESTRICTED RECEIPT ACCOUNTS.

(A) AUTHORITY.--THE SECRETARY OF THE BUDGET MAY CREATE

RESTRICTED RECEIPT ACCOUNTS FOR THE PURPOSE OF ADMINISTERING

FEDERAL GRANTS ONLY FOR THE PURPOSES DESIGNATED IN THIS SECTION.

(B) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.--THE

FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT:

(1) ARC HOUSING REVOLVING LOAN PROGRAM.

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(2) BROWNFIELDS REVOLVING LOAN FUND.

FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES:

(1) FEDERAL AID TO VOLUNTEER FIRE COMPANIES.

(2) LAND AND WATER CONSERVATION FUND ACT OF 1965 (PUBLIC

LAW 88-578, 16 U.S.C. § 460L-4 ET SEQ.).

(3) NATIONAL FOREST RESERVE ALLOTMENT.

(D) DEPARTMENT OF EDUCATION.--THE FOLLOWING RESTRICTED

RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF

EDUCATION:

(1) EDUCATION OF THE DISABLED - PART C.

(2) LSTA - LIBRARY GRANTS.

(3) THE PENNSYLVANIA STATE UNIVERSITY FEDERAL AID.

(4) EMERGENCY IMMIGRATION EDUCATION ASSISTANCE.

(5) EDUCATION OF THE DISABLED - PART D.

(6) HOMELESS ADULT ASSISTANCE PROGRAM.

(7) SEVERELY HANDICAPPED.

(8) MEDICAL ASSISTANCE REIMBURSEMENTS TO LOCAL EDUCATION

AGENCIES.

(E) DEPARTMENT OF ENVIRONMENTAL PROTECTION.--THE FOLLOWING

RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

DEPARTMENT OF ENVIRONMENTAL PROTECTION:

(1) FEDERAL WATER RESOURCES PLANNING ACT.

(2) FLOOD CONTROL PAYMENTS.

(3) SOIL AND WATER CONSERVATION ACT - INVENTORY OF

PROGRAMS.

(F) DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS.--THE FOLLOWING

RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS:

20230HB1300PN2107 - 249 -

(1) SHARE LOAN PROGRAM.

(2) (RESERVED).

(G) DEPARTMENT OF TRANSPORTATION.--THE FOLLOWING RESTRICTED

RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE DEPARTMENT OF

TRANSPORTATION:

(1) CAPITAL ASSISTANCE ELDERLY AND HANDICAPPED PROGRAMS.

(2) RAILROAD REHABILITATION AND IMPROVEMENT ASSISTANCE.

(3) RIDESHARING/VAN POOL PROGRAM - ACQUISITION.

(H) PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.--THE FOLLOWING

RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:

(1) RECEIPTS FROM FEDERAL GOVERNMENT - DISASTER RELIEF -

DISASTER RELIEF ASSISTANCE TO STATE AND POLITICAL

SUBDIVISIONS.

(2) (RESERVED).

(I) PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.--THE

FOLLOWING RESTRICTED RECEIPT ACCOUNTS MAY BE ESTABLISHED FOR THE

PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION:

(1) FEDERAL GRANT - NATIONAL HISTORIC PRESERVATION ACT.

(2) (RESERVED).

(J) EXECUTIVE OFFICES.--THE FOLLOWING RESTRICTED RECEIPT

ACCOUNTS MAY BE ESTABLISHED FOR THE EXECUTIVE OFFICES:

(1) RETIRED EMPLOYEES MEDICARE PART D.

(2) JUSTICE ASSISTANCE.

(3) JUVENILE ACCOUNTABILITY INCENTIVE.

(4) EARLY RETIREE REINSURANCE PROGRAM.

SECTION 1734 -F.4 . FUND TRANSFERS.

(A) TRANSFER TO ENVIRONMENTAL STEWARDSHIP FUND.--FROM MONEY

RECEIVED UNDER THE AUTHORITY OF ARTICLE III OF THE ACT OF MARCH

4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, THE

20230HB1300PN2107 - 250 -

SUM OF $10,538,000 SHALL BE TRANSFERRED TO THE ENVIRONMENTAL

STEWARDSHIP FUND.

(B) TRANSFER TO THE COMMONWEALTH FINANCING AUTHORITY.--

(1) FROM MONEY DEPOSITED INTO THE MEDICAL MARIJUANA

PROGRAM FUND, $31,900,000 SHALL BE TRANSFERRED TO AN ACCOUNT

TO BE ESTABLISHED IN THE COMMONWEALTH FINANCING AUTHORITY FOR

BLIGHT REMEDIATION, INCLUDING HAZARD MITIGATION, WITHIN THIS

COMMONWEALTH.

(2) THE AUTHORITY SHALL ADOPT GUIDELINES FOR THE

APPROVAL OF APPLICATIONS UNDER THIS SUBSECTION AND SHALL

ENSURE THAT GRANTS ARE MADE AVAILABLE TO ALL GEOGRAPHIC AREAS

OF THIS COMMONWEALTH.

FUND.--FROM MONEY RECEIVED UNDER THE AUTHORITY OF ARTICLE III OF

THE TAX REFORM CODE OF 1971, THE SUM OF $4,000,000 SHALL BE

TRANSFERRED TO THE SURFACE MINING CONSERVATION AND RECLAMATION

FUND.

ARTICLE XVII-F.5

2023-2024 FUND TRANSFERS

SECTION 1701-F.5. APPLICABILITY.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE

APPLIES TO THE GENERAL APPROPRIATION ACT OF 2023.

SECTION 1702-F.5. 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 2023." THE ACT OF AUGUST 3,

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

2023.

SECTION 1734-F.5. FUND TRANSFERS.

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(A) TRANSFER WITHIN HIGHER EDUCATION ASSISTANCE FUND.--THE

SUM OF $8,551,000 SHALL BE TRANSFERRED FROM THE SCITECH AND GI

BILL RESTRICTED REVENUE ACCOUNT IN THE HIGHER EDUCATION

ASSISTANCE FUND TO THE STATE GRANTS RESTRICTED REVENUE ACCOUNT

IN THE HIGHER EDUCATION ASSISTANCE FUND.

(B) (RESERVED).

SECTION 1735-F.5. (RESERVED).

ARTICLE XVII-F.6

PRIOR YEAR APPROPRIATIONS

SECTION 1701-F.6. 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 2023." THE ACT OF AUGUST 3,

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

2023.

SECTION 1702-F.6. (RESERVED).

SECTION 1703-F.6. CONSTRUCTION WITH PRIOR YEAR APPROPRIATION

ACTS.

AN APPROPRIATION IN PART LI OF THE GENERAL APPROPRIATION ACT

OF 2023 WHICH IS THE SAME OR SIMILAR TO AN APPROPRIATION IN THE

ACT OF JULY 8, 2022 (P.L.2191, NO.1A), KNOWN AS THE GENERAL

APPROPRIATION ACT OF 2022, SHALL REPLACE THAT APPROPRIATION.

MONEY WHICH HAS BEEN APPROPRIATED AND EXPENDED UNDER THE GENERAL

APPROPRIATION ACT OF 2022 SHALL BE DEDUCTED FROM THE

CORRESPONDING APPROPRIATION IN PART LI OF THE GENERAL

APPROPRIATION ACT OF 2023.

ARTICLE XVIII

(RESERVED)

ARTICLE XVIII-A

20230HB1300PN2107 - 252 -

COMMONWEALTH HOUSING COUNCIL

SECTION 1801-A. SCOPE OF ARTICLE.

THIS ARTICLE ESTABLISHES THE COMMONWEALTH HOUSING COUNCIL.

SECTION 1802-A. 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:

"COUNCIL." THE COMMONWEALTH HOUSING COUNCIL ESTABLISHED

UNDER SECTION 1803-A.

SECTION 1803-A. ESTABLISHMENT OF COUNCIL.

THE COMMONWEALTH HOUSING COUNCIL IS ESTABLISHED.

SECTION 1804-A. PURPOSE OF COUNCIL.

THE COUNCIL SHALL COORDINATE WITH EXECUTIVE DEPARTMENTS AND

AGENCIES REGARDING THE COMMONWEALTH'S HOUSING POLICIES.

SECTION 1805-A. MEMBERSHIP OF COUNCIL.

THE COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS:

(1) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT

OR A DESIGNEE.

(2) THE SECRETARY OF HUMAN SERVICES OR A DESIGNEE.

(3) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA HOUSING

FINANCE AGENCY OR A DESIGNEE.

(4) THE SECRETARY OF THE BUDGET OR A DESIGNEE.

(5) A MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT

PRO TEMPORE OF THE SENATE.

(6) A MEMBER OF THE SENATE APPOINTED BY THE MINORITY

LEADER OF THE SENATE.

(7) A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED

BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(8) A MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED

BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

20230HB1300PN2107 - 253 -

(9) THE MAYOR OF A CITY OF THE FIRST CLASS OR A DESIGNEE

WITH EXPERIENCE IN HOUSING.

(10) THE COUNTY EXECUTIVE OF A COUNTY OF THE SECOND

CLASS OR A DESIGNEE WITH EXPERIENCE IN HOUSING.

(11) ONE MEMBER REPRESENTING COUNTY GOVERNMENT WITH

EXPERIENCE IN HOUSING APPOINTED BY THE GOVERNOR FROM A LIST

OF 16 INDIVIDUALS PROVIDED BY THE COUNTY COMMISSIONERS OR

COUNTY EXECUTIVES OF ADAMS, BERKS, CENTRE, CUMBERLAND,

DAUPHIN, FULTON, FRANKLIN, HUNTINGDON, JUNIATA, LANCASTER,

LEBANON, MIFFLIN, PERRY, SNYDER, UNION AND YORK COUNTIES.

(12) ONE MEMBER OF COUNTY GOVERNMENT WITH EXPERIENCE IN

HOUSING APPOINTED BY THE GOVERNOR FROM A LIST OF 18

INDIVIDUALS PROVIDED BY THE COUNTY COMMISSIONERS OR COUNTY

EXECUTIVES OF BRADFORD, CARBON, CLINTON, COLUMBIA,

LACKAWANNA, LUZERNE, LYCOMING, MONROE, MONTOUR,

NORTHUMBERLAND, PIKE, POTTER, SCHUYLKILL, SULLIVAN,

SUSQUEHANNA, TIOGA, WAYNE AND WYOMING COUNTIES.

(13) ONE MEMBER OF COUNTY GOVERNMENT WITH EXPERIENCE IN

HOUSING APPOINTED BY THE GOVERNOR FROM A LIST OF SIX

INDIVIDUALS PROVIDED BY THE COUNTY COMMISSIONERS OR COUNTY

EXECUTIVES OF BUCKS, CHESTER, DELAWARE, LEHIGH, MONTGOMERY

AND NORTHAMPTON COUNTIES.

(14) ONE MEMBER OF COUNTY GOVERNMENT WITH EXPERIENCE IN

HOUSING APPOINTED BY THE GOVERNOR FROM A LIST OF 13

INDIVIDUALS PROVIDED BY THE COUNTY COMMISSIONERS OR COUNTY

EXECUTIVES OF ARMSTRONG, CAMERON, CLARION, CLEARFIELD,

CRAWFORD, ELK, ERIE, FOREST, JEFFERSON, MCKEAN, MERCER,

VENANGO AND WARREN COUNTIES.

(15) ONE MEMBER OF COUNTY GOVERNMENT WITH EXPERIENCE IN

HOUSING APPOINTED BY THE GOVERNOR FROM A LIST OF 12

20230HB1300PN2107 - 254 -

INDIVIDUALS PROVIDED BY THE COUNTY COMMISSIONERS OR COUNTY

EXECUTIVES OF BEAVER, BEDFORD, BLAIR, BUTLER, CAMBRIA,

FAYETTE, GREENE, INDIANA, LAWRENCE, SOMERSET, WASHINGTON AND

WESTMORELAND COUNTIES.

SECTION 1806-A. ADMINISTRATION OF COUNCIL.

(A) ORGANIZATION.--THE GOVERNOR SHALL SELECT A MEMBER OF THE

COUNCIL TO SERVE AS CHAIRPERSON. THE MEMBERS OF THE COUNCIL

SHALL SELECT FROM AMONG THEMSELVES ANY OTHER OFFICERS AS THE

COUNCIL DEEMS NECESSARY.

(B) QUORUM.--A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL

CONSTITUTE A QUORUM. A MAJORITY OF THE MEMBERS OF THE COUNCIL

SHALL BE NECESSARY TO TAKE AN ACTION OF THE COUNCIL. THE NUMBER

REQUIRED FOR A MAJORITY OF THE MEMBERS OF THE COUNCIL UNDER THIS

SUBSECTION SHALL BE REDUCED IF THERE IS A VACANCY ON THE

COUNCIL.

WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION. THE

COUNCIL SHALL MEET NO LESS THAN ONCE A QUARTER.

(D) INITIAL APPOINTMENTS AND VACANCIES.--

(1) AN APPOINTING AUTHORITY UNDER SECTION 1805-A SHALL

APPOINT INITIAL MEMBERS TO THE COUNCIL WITHIN 60 DAYS OF THE

EFFECTIVE DATE OF THIS SUBSECTION.

(2) A MEMBER OF THE COUNCIL SHALL SERVE A TERM OF THREE

YEARS AND MAY BE REAPPOINTED FOR NO MORE THAN TWO CONSECUTIVE

TERMS.

(3) A MEMBER OF THE COUNCIL APPOINTED UNDER SECTION

1805-A(1), (2), (3), (4), (5), (6), (7) AND (8) SHALL SERVE A

TERM CONCURRENT WITH THE APPOINTING AUTHORITY.

(4) IF A VACANCY OCCURS ON THE COUNCIL, THE DESIGNATING

OR APPOINTING AUTHORITY SHALL FILL THE VACANCY IN ACCORDANCE

20230HB1300PN2107 - 255 -

WITH SECTION 1805-A.

(E) ADMINISTRATIVE SUPPORT.--THE DEPARTMENT OF COMMUNITY AND

ECONOMIC DEVELOPMENT SHALL PROVIDE ADMINISTRATIVE SERVICES AND

STAFF TO THE COUNCIL.

(F) COMPENSATION.--THE MEMBERS OF THE COUNCIL SHALL NOT

RECEIVE COMPENSATION FOR SERVICE ON THE COUNCIL.

(G) COOPERATION.--EACH EXECUTIVE DEPARTMENT OR AGENCY SHALL

COOPERATE WITH THE COUNCIL IN FULFILLING THE COUNCIL'S DUTIES

UNDER SECTION 1807-A.

SECTION 1807-A. DUTIES OF COUNCIL.

(A) HOUSING STRATEGIES.--THE COUNCIL SHALL DEVELOP THE

COMMONWEALTH'S COMPREHENSIVE HOUSING STRATEGY THAT MAY BE USED

BY EXECUTIVE DEPARTMENTS OR AGENCIES.

(B) DUTIES.--THE COUNCIL SHALL HAVE THE FOLLOWING DUTIES:

(1) DEVELOPING A UNIFIED SET OF HOUSING-RELATED GOALS

AND PRIORITIES THAT SERVE AS A FRAMEWORK FOR EXECUTIVE

DEPARTMENTS OR AGENCIES IN THE DEVELOPMENT OF HOUSING PLANS.

(2) WORKING IN COLLABORATION WITH EXECUTIVE DEPARTMENTS

OR AGENCIES TO DEVELOP A UNIFORM SET OF HOUSING GOALS,

BENCHMARKS AND PRIORITIES FOR THIS COMMONWEALTH THAT

COORDINATE AND COMPLEMENT FEDERAL AND STATE FUNDING TO

MAXIMIZE THE AVAILABILITY OF HOUSING THROUGHOUT THIS

COMMONWEALTH.

(3) DEVELOPING AND UPDATING A STATE PLAN NO LESS THAN

ONCE EVERY FIVE YEARS FOR THE FOLLOWING PURPOSES:

(I) PRESERVING RENTAL AND HOMEOWNERSHIP AFFORDABLE

UNITS.

(II) BUILDING NEW AFFORDABLE UNITS.

(III) HOUSING FOR THE HOMELESS, SENIORS, VETERANS,

INDIVIDUALS WITH DISABILITIES AND OTHER DISADVANTAGED

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GROUPS.

(IV) HOUSING STABILITY PROGRAMS AND SERVICES.

(V) STRATEGIES FOR EXPANDING ACCESS TO HOUSING.

(4) CREATING AND MAINTAINING A CONSOLIDATED INVENTORY

AND RESOURCE GUIDE FOR HOUSING PROGRAMS AND SERVICES PROVIDED

BY EXECUTIVE DEPARTMENTS OR AGENCIES.

(5) IMPLEMENTING NATIONAL BEST PRACTICES RESEARCH THAT

MAY BE RELEVANT TO THIS COMMONWEALTH AND SEEKING TO BENCHMARK

THE COMMONWEALTH'S HOUSING PROGRAMS AND OUTCOMES AGAINST

OTHER STATES.

(6) CONDUCTING RESEARCH OR COLLECTING DATA RELATING TO

THE NEEDS, DEMANDS AND CONDITIONS OF AFFORDABLE AND WORKFORCE

HOUSING AND ACCESS TO AFFORDABLE AND WORKFORCE HOUSING.

(7) ENSURING THE COMMONWEALTH'S COMPREHENSIVE HOUSING

STRATEGY IS DEVELOPED WITH THE CONSIDERATION FOR THE NEEDS OF

RURAL, SUBURBAN AND URBAN AREAS IN THIS COMMONWEALTH AND

PROVIDES THE GREATEST ACCESS TO SAFE AND AFFORDABLE HOUSING

THROUGHOUT THIS COMMONWEALTH.

(8) SERVING AS A COORDINATING RESOURCE TO ENSURE THAT

EXECUTIVE DEPARTMENTS OR AGENCIES ARE COMMUNICATING AND

COORDINATING EFFECTIVELY IN ORDER TO MAXIMIZE THE COLLECTIVE

IMPACT OF THEIR WORK REGARDING THE COMMONWEALTH'S

COMPREHENSIVE HOUSING STRATEGY.

(9) WORKING IN COLLABORATION WITH EXECUTIVE DEPARTMENTS

OR AGENCIES TO ADVANCE THE COMMONWEALTH'S COMPREHENSIVE

HOUSING STRATEGIES.

(10) PROVIDING REGULAR UPDATES TO THE GOVERNOR, THE

EXECUTIVE DEPARTMENTS OR AGENCIES AND THE GENERAL ASSEMBLY

ABOUT THE COMMONWEALTH'S LONG-TERM AND SHORT-TERM HOUSING

GOALS.

20230HB1300PN2107 - 257 -

INFORMATION ABOUT THE COUNCIL'S WORK TO THE GOVERNOR AND THE

GENERAL ASSEMBLY AND POST ANY RELEVANT INFORMATION, INCLUDING

THE COUNCIL'S STATE PLAN UNDER SUBSECTION (B)(3), ON A PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

SECTION 33. REPEALS ARE AS FOLLOWS:

(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER

PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF

SECTION 102-K OF THE ACT.

(2) 35 PA.C.S. § 5398 IS REPEALED.

(3) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER

PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF

ARTICLE XVI-Y OF THE ACT.

(4) THE ACT OF NOVEMBER 24, 2015 (P.L.232, NO.64), KNOWN

AS THE PENNSYLVANIA LONG-TERM CARE COUNCIL ACT, IS REPEALED.

(5) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER

PARAGRAPH (6) IS NECESSARY TO EFFECTUATE THE ADDITION OF

SUBARTICLE F OF ARTICLE XVII-A.2 OF THE ACT.

(6) SECTION 301.9(E) OF THE ACT OF DECEMBER 5, 1936 (2ND

SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT

COMPENSATION LAW, IS REPEALED TO THE EXTENT OF ANY

INCONSISTENCY WITH SUBARTICLE F OF ARTICLE XVII-A.2 OF THE

ACT.

SECTION 34. CONTINUATION IS AS FOLLOWS:

(1) THE ADDITION OF ARTICLE XVI-Y OF THE ACT IS A

CONTINUATION OF THE ACT OF NOVEMBER 24, 2015 (P.L.232,

NO.64), KNOWN AS THE PENNSYLVANIA LONG-TERM CARE COUNCIL ACT.

EXCEPT AS OTHERWISE PROVIDED IN ARTICLE XVI-Y OF THE ACT, ALL

ACTIVITIES INITIATED UNDER THE PENNSYLVANIA LONG-TERM CARE

COUNCIL ACT SHALL CONTINUE AND REMAIN IN FULL FORCE AND

20230HB1300PN2107 - 258 -

EFFECT AND MAY BE COMPLETED UNDER ARTICLE XVI-Y OF THE ACT.

ORDERS, REGULATIONS, RULES AND DECISIONS WHICH WERE MADE

UNDER THE PENNSYLVANIA LONG-TERM CARE COUNCIL ACT AND WHICH

ARE IN EFFECT ON THE EFFECTIVE DATE OF SECTION 35(6.2) OF

THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED,

VACATED OR MODIFIED UNDER ARTICLE XVI-Y OF THE ACT.

CONTRACTS, OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS

ENTERED INTO UNDER THE PENNSYLVANIA LONG-TERM CARE COUNCIL

ACT ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE

PENNSYLVANIA LONG-TERM CARE COUNCIL ACT.

(2) (RESERVED).

(3) EXCEPT AS SPECIFIED IN PARAGRAPH (4), ANY DIFFERENCE

IN LANGUAGE BETWEEN ARTICLE XVI-Y OF THE ACT AND THE

PENNSYLVANIA LONG-TERM CARE COUNCIL ACT IS INTENDED ONLY TO

CONFORM TO THE STYLE OF THE PENNSYLVANIA CONSOLIDATED

STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT THE

LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR ADMINISTRATION

AND IMPLEMENTATION OF THE PENNSYLVANIA LONG-TERM CARE COUNCIL

ACT.

(4) PARAGRAPH (3) DOES NOT APPLY TO THE ADDITION OF

SECTION 1602-Y(B)(10)(XII) OF THE ACT.

SECTION 35. RETROACTIVITY IS AS FOLLOWS:

(1) THE ADDITION OF SECTION 1602-O OF THE ACT SHALL BE

RETROACTIVE TO JULY 1, 2023.

(2) THE ADDITION OF SECTION 1729-E(A)(8) OF THE ACT

SHALL BE RETROACTIVE TO JULY 1, 2023.

SECTION 36. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IN 60 DAYS:

(I) THE ADDITION OF ARTICLE I-K OF THE ACT.

(II) THE ADDITION OF SECTIONS 1607-M AND 1608-M OF

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THE ACT.

(III) THE ADDITION OF SECTION 1777-A OF THE ACT.

(IV) THE ADDITION OF SECTION 1719-E(C.1) AND (C.2)

OF THE ACT.

(V) THE AMENDMENT OF SECTION 1735-E OF THE ACT.

(2) (RESERVED).

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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