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PRINTER'S NO. 1104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1028
Session of
2025
INTRODUCED BY CEPEDA-FREYTIZ, HILL-EVANS, PIELLI, KHAN, SANCHEZ,
GIRAL, BURGOS, POWELL, DONAHUE, FREEMAN, KENYATTA, STEELE,
GREEN, BOROWSKI AND HANBIDGE, MARCH 24, 2025
REFERRED TO COMMITTEE ON COMMERCE, MARCH 24, 2025
AN ACT
Establishing the Small Business Road Construction Mitigation
Grant Program; and providing for duties of the Department of
Community and Economic Development.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Small
Business Road Construction Mitigation Grant Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Construction mitigation zone." A geographic area with a
high concentration of qualified businesses that are designated
by the department as being impacted by a public utility road
construction project.
"Department." The Department of Community and Economic
Development of the Commonwealth.
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"Program." The Small Business Road Construction Mitigation
Grant Program established under section 3.
"Public utility road construction project." A road
construction project conducted by a public utility, which occurs
for a period of more than 90 days.
"Qualified business." An entity that is engaged in a for-
profit business enterprise, employs no more than 10 full-time or
part-time employees and is located in a construction mitigation
zone.
Section 3. Establishment of program.
The Small Business Road Construction Mitigation Grant Program
is established within the department. The department shall award
grants under the program to qualified businesses for the purpose
of maintaining each qualified business within a construction
mitigation zone.
Section 4. Application.
(a) Application.--The department shall develop an
application form and a process for awarding grants under the
program. In order to apply for a grant under the program, a
qualified business shall use the application form developed by
the department and submit the application in a manner specified
by the department.
(b) Eligibility.--In order to be eligible for a grant under
the program, a qualified business shall demonstrate in the
application submitted under subsection (a) that the qualified
business experienced a significant decline in revenue, including
the time period when the public utility road construction
project contributed to the significant decline in revenue, in a
manner specified by the department. The department shall, upon
request, assist a qualified business in preparing the
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documentation necessary to demonstrate that the qualified
business experienced a significant decline in revenue as
required under this subsection.
Section 5. Award of grants.
The department shall prioritize the award of each grant under
the program on a case-by-case basis using all of the following
criteria:
(1) Rate of decline in revenue.
(2) Duration of public utility road construction
project.
(3) Proximity to public utility road construction
project.
(4) Severity of traffic disruption.
(5) Lack of access to parking.
(6) Lack of access for pedestrian traffic.
(7) Any other relevant criteria as determined by the
department.
Section 6. Penalty.
If a qualified business knowingly submits false or fraudulent
documentation to the department for the purpose of receiving a
grant under the program, the department may impose a penalty on
the qualified business for an amount equal to two times the
amount of the grant received. The penalty shall be payable in
one lump sum or in installments, with or without interest, as
the department deems appropriate. The provisions of 2 Pa.C.S.
Chs. 5 (relating to practice and procedure) and 7 (relating to
judicial review) shall apply to this section.
Section 7. Limitations.
The department may not award a grant under the program to a
qualified business in excess of the decline in revenue
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demonstrated by the qualified business under section 4(b) or
$15,000 per calendar year, whichever is less.
Section 8. Report.
(a) Annual report.--No later than September 1, 2026, and
each September 1 thereafter, the department shall post an annual
report regarding the program on the department's publicly
accessible Internet website. The annual report shall include the
following information:
(1) The name and address of each qualified business that
received a grant under the program.
(2) The amount awarded to each qualified business that
received a grant under the program.
(3) The name and contact information of each public
utility that has impacted a qualified business within a
construction mitigation zone.
(b) Submission.--The department shall submit the annual
report under subsection (a) to all of the following:
(1) The Pennsylvania Public Utility Commission.
(2) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(3) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(4) The chairperson and minority chairperson of the
Community, Economic and Recreational Development Committee of
the Senate.
(5) The chairperson and minority chairperson of the
Commerce Committee of the House of Representatives.
Section 9. Guidelines.
Within 180 days of the effective date of this section, the
department shall develop written guidelines for the
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administration of the program.
Section 10. Effective date.
This act shall take effect in 60 days.
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