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HOUSE AMENDED
PRIOR PRINTER'S NOS. 93, 131, 1222,
1290, 1320, 1831 PRINTER'S NO. 1888
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 146
Session of
2025
INTRODUCED BY BAKER, BROOKS, BARTOLOTTA, FONTANA, BROWN,
PENNYCUICK, COSTA, STEFANO AND ROBINSON, JANUARY 22, 2025
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JULY 11, 2026
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in State Veterans' Commission and
Deputy Adjutant General for Veterans' Affairs, further
providing for DEFINITIONS AND FOR Veterans' Trust Fund; and
establishing the Veterans' Trust Fund Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1721(e) of Title 51 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 1721. Veterans' Trust Fund.
* * *
SECTION 1. SECTION 1701 OF TITLE 51 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
§ 1701. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
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"BOARD." THE VETERANS' TRUST FUND BOARD ESTABLISHED UNDER
SECTION 1721(E) (RELATING TO VETERANS' TRUST FUND).
* * *
"FUND." THE VETERANS' TRUST FUND ESTABLISHED UNDER SECTION
1701-A.1 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS
THE FISCAL CODE.
SECTION 2. SECTION 1721(A) INTRODUCTORY PARAGRAPH, (C)
INTRODUCTORY PARAGRAPH, (E) AND (F) OF TITLE 51 ARE AMENDED AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 1721. VETERANS' TRUST FUND.
(A) SOURCE OF REVENUE.--IN ADDITION TO TRANSFERS UNDER
SECTION 1719-G OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, THE [VETERANS' TRUST FUND] FUND SHALL
INCLUDE FUNDS FROM THE FOLLOWING SOURCES:
* * *
(C) AUTHORIZED PURPOSES.--THE DEPARTMENT MAY EXPEND MONEY
FROM THE [VETERANS' TRUST FUND] FUND FOR THE FOLLOWING PURPOSES:
* * *
(e) Operation.--
(1) The department shall adopt a statement of policy for
the maintenance and use of the fund within 60 days of the
effective date of this section. The policy shall be published
as a notice in the Pennsylvania Bulletin, but shall not be
subject to review under section 205 of the act of July 31,
1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act or the act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The Veterans' Trust Fund Board is established as an
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advisory board within the department. The following shall
apply:
(i) The purpose of the Veterans' Trust Fund Board
BOARD is to increase donations to ensure the effective
management and impactful distribution of THE FUND,
PROVIDE FOR THE EFFECTIVE MANAGEMENT OF THE FUND AND
EFFECTUATE AN EQUITABLE AND BROAD DISTRIBUTION OF money
in the Veterans' Trust Fund FUND .
(ii) The Veterans' Trust Fund Board BOARD shall have
the following duties:
(A) Advise the department on the priorities of
the Veterans' Trust Fund grants.
(B) Re view Veterans' Trust Fund grant
applications.
(C) Raise public awareness of the Veterans'
Trust Fund FUND TO ENCOURAGE DONATIONS AND
ORGANIZATION PARTICIPATION .
(D) Recommend performance audit metrics for
REVIEW FUND AUDITS AND REPORTS AND RECOMMEND
PERFORMANCE AUDIT METRICS IN CONSULTATION WITH THE
AUDITOR GENERAL TO BE UTILIZED AND IMPLEMENTED BY
organizations receiving Veterans' Trust Fund grants.
(E) Recommend legislative or policy changes
NECESSARY to enhance the Veterans' Trust Fund FUND
AND THE DISTRIBUTION OF MONEY FROM THE FUND .
(F) Review audits and reports with the
department and the chairperson and minority
chairperson of the Veterans Affairs and Emergency
Preparedness Committee of the Senate and the
chairperson and minority chairperson of the Veterans
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Affairs and Emergency Preparedness Committee of the
House of Representatives.
(II.1) THE DUTIES OF THE BOARD UNDER SUBPARAGRAPH
(II) RELATING TO GRANTS SHALL NOT APPLY TO FUNDS
DISTRIBUTED UNDER CHAPTER 85 (RELATING TO VETERANS'
TEMPORARY ASSISTANCE).
(iii) M embers of the Veterans' Trust Fund Board
BOARD shall be veterans, family members of veterans and
OR individuals who have extensive experience in serving
veterans. In determining who to appoint to the Veterans'
Trust Fund Board BOARD , consideration shall be given to
subject matter experts in veterans issues regarding
behavioral health, mental health, posttraumatic stress
disorder injuries, physical disabilities, EMPLOYMENT,
housing or other social determinants of health . The
Veterans' Trust Fund Board BOARD shall consist of the
following:
(A) The Deputy Adjutant General for Veterans'
Affairs or a designee, who shall serve ex officio.
(B) Two members recommended by the Adjutant
General and appointed by the Governor.
(B) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS
COMMITTEE OF THE SENATE, OR THEIR DESIGNEES, WHO
SHALL SERVE EX OFFICIO AND IN AN ADVISORY ROLE.
(C) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR
DESIGNEES, WHO SHALL SERVE EX OFFICIO AND IN AN
ADVISORY ROLE.
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(C) (D) Two members of the commission
recommended by the chairperson of the commission and
appointed by the Governor.
(D) (E) One member recommended by the Adjutant
General from each of the five PA VETConnect Program
regions , the City of Philadelphia and the City of
Pittsburgh OR ANY SUCCESSOR REGIONS and appointed by
the Governor.
(iv) Except as provided under this subparagraph,
members appointed by the Governor to the Veterans' Trust
Fund Board BOARD shall serve a term of four years and
until a successor has been appointed. The initial members
appointed by the Governor to the Veterans' Trust Fund
Board BOARD shall serve terms as follows as determined by
the Governor:
(A) Two members shall serve a term of one year.
(B) Three TWO members shall serve a term of two
years.
(C) Three TWO members shall serve a term of
three years.
(D) Three members ONE MEMBER shall serve a term
of four years.
(v) Upon recommendation from the Adjutant General,
the Governor may declare a vacancy to exist if REMOVE a
member appointed by the Governor to the Veterans' Trust
Fund Board BOARD IF THE MEMBER fails to attend three
consecutive meetings of the Veterans' Trust Fund Board
BOARD without good cause. The Governor shall fill a
vacancy declared THE VACANCY CREATED under this
subparagraph for the remainder of the unexpired term.
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(vi) The Veterans' Trust Fund Board BOARD shall
annually elect a chairperson and vice chairperson at the
first meeting commencing no later than March 31, 2025
2026 . The department shall designate an executive
secretary to the Veterans' Trust Fund Board BOARD .
(vii) Members of the Veterans' Trust Fund Board
BOARD shall receive no compensation for their services
but shall receive reimbursement for their necessary and
proper expenses incurred in executing their duties as
members of the Veterans' Trust Fund Board BOARD .
(viii) The Veterans' Trust Fund Board BOARD shall
meet upon the call of the chairperson or the Deputy
Adjutant General of Veterans' Affairs. Six FOUR members
of the Veterans' Trust Fund Board BOARD shall constitute
a quorum.
(ix) Voting EXCEPT FOR THE DEPUTY ADJUTANT GENERAL
FOR VETERANS' AFFAIRS, members of the Veterans' Trust
Fund Board BOARD may not be current employees of the
department.
(x) If a member of the Veterans' Trust Fund Board
has an interest in an organization applying for a grant
from the Veterans' Trust Fund, the member shall refrain
from further discussion with the applicant and may not
make a recommendation regarding the approval or
disapproval of the application. If a member of the
Veterans' Trust Fund Board has a conflict of interest
with an organization applying for a grant from the
Veterans' Trust Fund, the member shall recuse oneself.
* * *
(F) REPORT.--BY JULY 31, 2013, AND EVERY YEAR THEREAFTER,
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THE DEPARTMENT SHALL SUBMIT TO THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS
COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN
OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF
THE HOUSE OF REPRESENTATIVES A REPORT DETAILING THE [VETERANS'
TRUST FUND] FUND REVENUES AND EXPENDITURES IN THE PRIOR FISCAL
YEAR AND DESCRIBING THE ACTIVITIES, PROGRAMS AND PROJECTS WHICH
RECEIVED FUNDS.
(g) Audit.--By July 31, 2026 2028 , and every two THREE years
thereafter, the department AUDITOR GENERAL shall submit a
performance audit OF THE FUND to the chairperson and minority
chairperson of the Veterans Affairs and Emergency Preparedness
Committee of the Senate and the chairperson and minority
chairperson of the Veterans Affairs and Emergency Preparedness
Committee of the House of Representatives. The performance audit
shall be conducted in accordance with generally accepted
government auditing standards and examine the impacts on
veterans by organizations funded through the Veterans' Trust
Fund FUND .
Section 2 3. This act shall take effect in 60 days.
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,
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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, PROVIDING FOR
EXTENSION OF USE OF CERTAIN FUNDS; IN CHILD CARE STAFF
RECRUITMENT AND RETENTION PROGRAM, FURTHER PROVIDING FOR
CHILD CARE STAFF RECRUITMENT AND RETENTION PROGRAM; IN
CIGARETTE SALES AND LICENSING, FURTHER PROVIDING FOR
DEFINITIONS AND PROVIDING FOR ALLOWABLE MODE OF OPERATIONS
FOR LICENSED CIGARETTE STAMPING AGENTS; IN JOINT UNDERWRITING
ASSOCIATION, FURTHER PROVIDING FOR FUND TRANSFERS; PROVIDING
FOR FOOD PROCESSING RESIDUALS; IN FINANCIALLY DISTRESSED
MUNICIPALITIES, FURTHER PROVIDING FOR FINANCIAL RECOVERY; IN
OIL AND GAS WELLS, FURTHER PROVIDING FOR OIL AND GAS LEASE
FUND AND PROVIDING FOR DEEP WELLS AND UTICA SHALE PERMITS AND
FOR WELL PLUGGING; PROVIDING FOR MANUFACTURING AND INVESTMENT
TAX CREDIT, FOR INNOVATE IN PA 2.0 TAX CREDIT AND FOR DESIGN
BUILD BEST VALUE; IN HUMAN SERVICES, FURTHER PROVIDING FOR
MEDICAL ASSISTANCE PAYMENTS FOR INSTITUTIONAL CARE, FOR
RESIDENT CARE AND RELATED COSTS AND FOR LIFE PROGRAM AND
PROVIDING FOR TRANSITION TO CHIP-ENABLED ACCESS CARDS, FOR
MEDICAL ASSISTANCE REENTRY PROGRAM, FOR CHILDREN'S TRUST FUND
AND FOR MEDICAL ASSISTANCE PHARMACY SERVICES; IN ADDITIONAL
KEYSTONE OPPORTUNITY EXPANSION ZONES, PROVIDING FOR
ADDITIONAL ZONE FOR SHIPBUILDING AND FOR ADDITIONAL ZONES;
PROVIDING FOR RESIDENTIAL REVITALIZATION KEYSTONE OPPORTUNITY
ZONES AND FOR VIOLENT INCIDENT CLEARANCE AND TECHNOLOGICAL
INVESTIGATIVE METHODS; IN SPECIAL FUNDS, FURTHER PROVIDING
FOR FUNDING AND FOR PENNSYLVANIA CONVENTION CENTER; IN
ADDITIONAL SPECIAL FUNDS AND RESTRICTED ACCOUNTS, PROVIDING
FOR VETERANS' TRUST FUND BOARD AND FURTHER PROVIDING FOR
ESTABLISHMENT OF SPECIAL FUND AND ACCOUNT, FOR USE OF FUND
AND FOR DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE
DEVELOPMENT FUND; IN ADDITIONAL SPECIAL FUNDS AND RESTRICTED
ACCOUNTS, FURTHER PROVIDING FOR DEPOSITS AND PROVIDING FOR
PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT; IN GENERAL
BUDGET IMPLEMENTATION, FURTHER PROVIDING FOR EXECUTIVE
OFFICES, FOR DEPARTMENT OF AGRICULTURE, FOR DEPARTMENT OF
CORRECTIONS, FOR DEPARTMENT OF LABOR AND INDUSTRY AND FOR
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR PENNSYLVANIA
EMERGENCY MANAGEMENT AGENCY AND FURTHER PROVIDING FOR
COMMONWEALTH FINANCING AUTHORITY, FOR FEDERAL AND
COMMONWEALTH USE OF FOREST LAND, FOR MULTIMODAL
TRANSPORTATION FUND, FOR SCHOOL SAFETY AND SECURITY FUND, FOR
STATE GAMING FUND, FOR STATE EMPLOYEES' RETIREMENT SYSTEM
RESTRICTED ACCOUNT AND FOR PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM RESTRICTED ACCOUNT; IN RETIREMENT,
PROVIDING FOR 2026 SPECIAL AD HOC MUNICIPAL POLICE AND
FIREFIGHTER POSTRETIREMENT ADJUSTMENT, FOR SUPPLEMENTAL
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ANNUITIES FOR PUBLIC SCHOOL EMPLOYEES COMMENCING 2026, FOR
SUPPLEMENTAL ANNUITIES FOR STATE EMPLOYEES COMMENCING 2026
AND FOR PAYMENT OF SUPPLEMENTAL ANNUITY AND SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT; IN ELECTRICITY LOAD FORECAST
ACCOUNTABILITY, PROVIDING FOR ENERGY AND WATER REPORTING AND
FOR ADVANCED TRANSMISSION TECHNOLOGIES; IN 2025-2026 BUDGET
IMPLEMENTATION, FURTHER PROVIDING FOR DEPARTMENT OF
AGRICULTURE, FOR DEPARTMENT OF HUMAN SERVICES AND FOR
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY; PROVIDING
FOR 2026-2027 BUDGET IMPLEMENTATION AND FOR 2026-2027
RESTRICTIONS ON APPROPRIATIONS FOR FUNDS AND ACCOUNTS; IN
FISCAL SUPPLEMENTS TO STATUTORY PROGRAMS, PROVIDING FOR
AMUSEMENT TAX CLARIFICATION, FOR SITUS FOR LOCAL SALES TAX
FOR CITIES OF THE FIRST CLASS, FOR SITUS FOR LOCAL SALES TAX
FOR COUNTIES OF THE SECOND CLASS, FOR NET INCOME AND FOR
HOUSING; ABROGATING A REGULATION; MAKING REPEALS; PROVIDING
FOR SUSPENSION OF PENSION ACTUARIAL NOTES; AND MAKING
EDITORIAL CHANGES.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) THE INTENT OF THIS ACT IS TO PROVIDE FOR THE
IMPLEMENTATION OF THE 2026-2027 COMMONWEALTH BUDGET.
(2) THE CONSTITUTION OF PENNSYLVANIA CONFERS NUMEROUS
EXPRESS DUTIES UPON THE GENERAL ASSEMBLY, INCLUDING THE
PASSAGE OF A BALANCED BUDGET FOR THE COMMONWEALTH.
(3) SECTION 24 OF ARTICLE III OF THE CONSTITUTION OF
PENNSYLVANIA REQUIRES THE GENERAL ASSEMBLY TO ADOPT ALL
APPROPRIATIONS FOR THE OPERATION OF GOVERNMENT IN THIS
COMMONWEALTH, REGARDLESS OF THEIR SOURCE. THE SUPREME COURT
HAS REPEATEDLY AFFIRMED THAT "IT IS FUNDAMENTAL WITHIN
PENNSYLVANIA'S TRIPARTITE SYSTEM THAT THE GENERAL ASSEMBLY
ENACTS THE LEGISLATION ESTABLISHING THOSE PROGRAMS WHICH THE
STATE PROVIDES FOR ITS CITIZENS AND APPROPRIATES THE FUNDS
NECESSARY FOR THEIR OPERATION."
(4) PURSUANT TO SECTION 13 OF ARTICLE VIII OF THE
CONSTITUTION OF PENNSYLVANIA, THE GENERAL ASSEMBLY IS
EXPLICITLY REQUIRED TO ADOPT A BALANCED COMMONWEALTH BUDGET.
GIVEN THE UNPREDICTABILITY AND POTENTIAL INSUFFICIENCY OF
REVENUE COLLECTIONS, VARIOUS CHANGES IN STATE LAW RELATING TO
SOURCES OF REVENUE, THE COLLECTION OF REVENUE AND THE
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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 2026-2027
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 2026-2027 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 , 2026 (P.L. , NO. ), KNOWN AS THE GENERAL
APPROPRIATION ACT OF 2026.
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THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN
AS THE FISCAL CODE, IS AMENDED BY ADDING A SECTION TO READ:
SECTION 197-C. EXTENSION OF USE OF CERTAIN FUNDS.
(A) USE OF REMAINING FUNDS.--NOTWITHSTANDING THE PROVISIONS
OF SECTIONS 194-C(B), 195-C(B), 196-C(D) AND 1712-E, THE AGENCY
SHALL USE THE REMAINING FUNDS ALLOCATED FOR GRANTS FOR PROJECTS
THAT ARE AN ELIGIBLE USE OF FUNDS RELATING TO HOUSING UNDER 31
CFR PT. 35 (RELATING TO PANDEMIC RELIEF PROGRAMS).
(B) TRANSFER OF FUNDS.--
(1) FROM FUNDS APPROPRIATED FOR COVID RELIEF - ARPA -
DEVELOPMENT COST RELIEF PROGRAM, COVID RELIEF - ARPA
-CONSTRUCTION COST RELIEF AND COVID RELIEF - ARPA -
AFFORDABLE HOUSING CONSTRUCTION, THE AGENCY SHALL TRANSFER
$11,789,348 TO THE COVID-19 RESPONSE RESTRICTED ACCOUNT, NO
LATER THAN SEPTEMBER 10, 2026, WHICH ARE HEREBY APPROPRIATED
TO THE DEPARTMENT OF CORRECTIONS FOR THE PURPOSES SPECIFIED
UNDER SECTION 1712-E(E)(1).
(2) ANY MONEY NOT EXPENDED BY THE AGENCY BY DECEMBER 11,
2026, SHALL BE TRANSFERRED BY THE STATE TREASURER TO THE
COVID-19 RESPONSE RESTRICTED ACCOUNT NO LATER THAN DECEMBER
18, 2026, WHICH ARE HEREBY APPROPRIATED TO THE DEPARTMENT OF
CORRECTIONS FOR THE PURPOSES SPECIFIED UNDER SECTION 1712-
E(E)(1).
(C) MONEY APPROPRIATED.--ALL MONEY APPROPRIATED FOR THE
PROGRAMS ESTABLISHED IN SECTIONS 194-C, 195-C AND 196-C OR
OBLIGATED, TRANSFERRED OR APPROPRIATED IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBSECTIONS (A) AND (B) MUST BE EXPENDED BY
DECEMBER 31, 2026.
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(D) 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:
"AGENCY." THE PENNSYLVANIA HOUSING FINANCE AGENCY.
SECTION 2. SECTION 103-H.1(C), (D)(1) AND (E)(3) OF THE ACT,
ADDED NOVEMBER 12, 2025 (P.L.156, NO.45), ARE AMENDED TO READ:
SECTION 103-H.1. CHILD CARE STAFF RECRUITMENT AND RETENTION
PROGRAM.
* * *
(C) DETERMINATION.--THE DEPARTMENT SHALL APPROVE OR DENY AN
APPLICATION SUBMITTED UNDER SUBSECTION (B) NO LATER THAN [45] 60
DAYS AFTER RECEIPT. THE DEPARTMENT MAY NOT MAKE A PAYMENT TO AN
ENTITY THAT IS NOT A QUALIFIED CHILD CARE PROVIDER.
(D) ALLOCATION OF PAYMENTS.--
(1) THE DEPARTMENT SHALL ALLOCATE PAYMENTS TO ADMINISTER
AN INDIVIDUAL RETENTION BONUS OF AT LEAST [$450] $540 PER
MEMBER OF QUALIFIED STAFF.
* * *
(E) CONDITIONS.--
* * *
(3) PAYMENTS RECEIVED BY A QUALIFIED CHILD CARE PROVIDER
SHALL BE EXPENDED IN THE [FISCAL] YEAR IN WHICH THE PAYMENT
IS MADE. A QUALIFIED CHILD CARE PROVIDER SHALL PAY A
RETENTION BONUS TO QUALIFIED STAFF WITHIN 45 DAYS OF THE DATE
ON WHICH THE QUALIFIED CHILD CARE PROVIDER RECEIVED THE
PAYMENT UNDER THIS ARTICLE.
* * *
SECTION 3. SECTION 202-A OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 202-A. DEFINITIONS.--AS USED IN THIS ARTICLE--
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"RELATED ENTITY SUPPLIER" SHALL MEAN AN ENTITY THAT OWNS AT
LEAST A MAJORITY INTEREST IN A CIGARETTE STAMPING AGENT OR IN
WHICH A CIGARETTE STAMPING AGENT OWNS A MAJORITY INTEREST, OR AN
ENTITY OF WHICH A MAJORITY OF THE BENEFICIAL OWNERSHIP IS THE
SAME AS THE MAJORITY BENEFICIAL OWNERSHIP IN A CIGARETTE
STAMPING AGENT.
* * *
SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 204.1-A. ALLOWABLE MODE OF OPERATIONS FOR LICENSED
CIGARETTE STAMPING AGENTS.--A CIGARETTE STAMPING AGENT UNDER
THIS ARTICLE SHALL ONLY PURCHASE CIGARETTES DIRECTLY FROM A
TOBACCO PRODUCT MANUFACTURER OR FROM A RELATED ENTITY SUPPLIER
THAT HAS PURCHASED CIGARETTES DIRECTLY FROM A TOBACCO PRODUCT
MANUFACTURER. CIGARETTE STAMPING AGENTS SHALL NOT OTHERWISE SELL
UNSTAMPED CIGARETTES TO ANY OTHER CIGARETTE DEALERS.
SECTION 5. SECTION 209-D(B) AND (C)(1) OF THE ACT, ADDED
NOVEMBER 12, 2025 (P.L.156, NO.45), ARE AMENDED TO READ:
SECTION 209-D. FUND TRANSFERS.
* * *
(B) USE OF MONEY.--MONEY DEPOSITED INTO THE GENERAL FUND
UNDER [SUBSECTION (A)] THIS SECTION SHALL BE AVAILABLE FOR
EXPENDITURES IN ACCORDANCE WITH APPROPRIATIONS BY THE GENERAL
ASSEMBLY TO THE DEPARTMENT OF HUMAN SERVICES FOR MEDICAL
ASSISTANCE PAYMENTS FOR CAPITATION PLANS.
(C) FUTURE TRANSFERS.--FOR FISCAL YEARS BEGINNING ON OR
AFTER JULY 1, 2026, THE FOLLOWING AMOUNTS, AS CERTIFIED
AVAILABLE BY THE COMMISSIONER UNDER SECTION 208-D, SHALL BE
TRANSFERRED FROM THE JOINT UNDERWRITING ASSOCIATION TO THE
GENERAL FUND:
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(1) [(RESERVED).] FOR THE FISCAL YEAR BEGINNING JULY 1,
2026, THE AMOUNT TO BE TRANSFERRED TO THE GENERAL FUND UNDER
THIS SUBSECTION SHALL BE $14,300,000.
* * *
SECTION 6. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XIII
FOOD PROCESSING RESIDUALS
SUBARTICLE A
GENERAL PROVISIONS
SECTION 1301. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO FOOD PROCESSING RESIDUALS MANAGEMENT.
SECTION 1302. 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:
"AGRICULTURAL OPERATOR." A PERSON THAT HAS MANAGEMENT
CONTROL OF A NORMAL FARMING OPERATION.
"BEST MANAGEMENT PRACTICE." A PRACTICE OR COMBINATION OF
PRACTICES DETERMINED BY THE COMMISSION TO BE EFFECTIVE AND
PRACTICABLE GIVEN TECHNOLOGICAL, ECONOMIC AND INSTITUTIONAL
CONSIDERATIONS, TO MANAGE NUTRIENTS AND CHARACTERISTICS OF
INTEREST TO PROTECT SURFACE WATER AND GROUNDWATER, TAKING INTO
ACCOUNT APPLICABLE NUTRIENT REQUIREMENTS FOR CROP UTILIZATION.
"BOARD." THE AGRICULTURAL ADVISORY BOARD ESTABLISHED UNDER
27 PA.C.S. § 702 (RELATING TO ESTABLISHMENT OF BOARD).
"CHARACTERISTICS OF INTEREST." SPECIFIC COMPONENTS THAT MAY
BE PRESENT IN FOOD PROCESSING RESIDUALS THAT ARE OF SPECIAL
CONCERN DUE TO THEIR POTENTIAL TO CAUSE IRREVOCABLE HARM TO
SOIL, POLLUTION TO SURFACE WATER AND GROUNDWATER OR HARM TO
PUBLIC HEALTH.
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"COMMERCIAL FOOD PROCESSING RESIDUALS BROKER." A PERSON THAT
IS NOT WORKING FOR OR UNDER THE CONTROL OF AN AGRICULTURAL
OPERATOR OR FOOD PROCESSING RESIDUALS GENERATOR AND THAT ASSUMES
TEMPORARY CONTROL OR OWNERSHIP OF THE FOOD PROCESSING RESIDUALS
FROM A FOOD PROCESSING RESIDUALS GENERATOR AND ARRANGES FOR
TRANSPORT TO AND UTILIZATION AT AN IMPORTING AGRICULTURAL
OPERATION.
"COMMERCIAL FOOD PROCESSING RESIDUALS HAULER." A PERSON THAT
TRANSPORTS OR LAND-APPLIES FOOD PROCESSING RESIDUALS UNDER THIS
ARTICLE AS A CONTRACT AGENT FOR AN AGRICULTURAL OPERATOR, AS AN
EMPLOYEE OR CONTRACT AGENT FOR A FOOD PROCESSING RESIDUALS
GENERATOR OR COMMERCIAL FOOD PROCESSING RESIDUALS BROKER UNDER
THE DIRECTION OF THE OPERATOR, FOOD PROCESSING GENERATOR OR
BROKER.
"COMMISSION." THE STATE CONSERVATION COMMISSION ESTABLISHED
UNDER SECTION 4 OF THE ACT OF MAY 15, 1945 (P.L.547, NO.217),
KNOWN AS THE CONSERVATION DISTRICT LAW.
"DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE
COMMONWEALTH.
"FOOD PROCESSING RESIDUALS." RESIDUAL MATERIALS IN LIQUID OR
SOLID FORM GENERATED IN THE SLAUGHTERING OF POULTRY AND
LIVESTOCK, OR IN PROCESSING AND CONVERTING FISH, SEAFOOD, MILK,
MEAT AND EGGS TO FOOD PRODUCTS. THE TERM INCLUDES RESIDUAL
MATERIALS GENERATED IN THE PROCESSING, CONVERTING OR
MANUFACTURING OF FRUITS, VEGETABLES, CROPS AND OTHER COMMODITIES
INTO MARKETABLE FOOD ITEMS. THE TERM DOES NOT INCLUDE FOOD
PROCESSING RESIDUALS TRANSPORTED TO A NORMAL FARMING OPERATION
AND USED TO FEED LIVESTOCK OR POULTRY.
"LAND APPLICATION SYSTEM." A WRITTEN SITE-SPECIFIC PLAN THAT
INCORPORATES BEST MANAGEMENT PRACTICES FOR THE USE OF FOOD
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PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING OPERATIONS,
INCLUDING STORAGE, PROCESSING AND LAND APPLICATION.
"LAND APPLICATION SYSTEM NOTIFICATION." WRITTEN NOTIFICATION
THAT A NORMAL FARMING OPERATION HAS A LAND APPLICATION SYSTEM
FOR THE USE OF FOOD PROCESSING RESIDUALS IN THE COURSE OF NORMAL
FARMING OPERATIONS.
"NORMAL FARMING OPERATION." THE CUSTOMARY AND GENERALLY
ACCEPTED ACTIVITIES, PRACTICES AND PROCEDURES THAT FARMS ADOPT,
USE OR ENGAGE IN YEAR AFTER YEAR IN THE PRODUCTION AND
PREPARATION FOR MARKET OF POULTRY, LIVESTOCK AND THEIR PRODUCTS;
AND IN THE PRODUCTION, HARVESTING AND PREPARATION FOR MARKET OF
AGRICULTURAL, AGRONOMIC, HORTICULTURAL, SILVICULTURAL AND
AQUACULTURAL CROPS AND COMMODITIES; PROVIDED THAT SUCH OPERATION
IS CONDUCTED IN COMPLIANCE WITH APPLICABLE LAWS, AND PROVIDED
THAT THE USE OR DISPOSAL OF THESE MATERIALS WILL NOT POLLUTE THE
AIR, WATER OR OTHER NATURAL RESOURCES OF THE COMMONWEALTH. THE
TERM INCLUDES THE STORAGE AND UTILIZATION OF AGRICULTURAL WASTE
AND FOOD PROCESSING RESIDUALS, SCREENINGS AND SLUDGES FOR ANIMAL
FEED, AND INCLUDES THE AGRICULTURAL UTILIZATION OF SEPTIC TANK
CLEANINGS AND SEWAGE SLUDGES WHICH ARE GENERATED OFF-SITE. THE
TERM INCLUDES THE MANAGEMENT, COLLECTION, STORAGE,
TRANSPORTATION, USE OR DISPOSAL OF MANURE, OTHER AGRICULTURAL
WASTE AND FOOD PROCESSING RESIDUALS, SCREENINGS AND SLUDGES ON
LAND WHERE SUCH MATERIALS WILL IMPROVE THE CONDITION OF THE
SOIL, THE GROWTH OF CROPS OR IN THE RESTORATION OF THE LAND FOR
THE SAME PURPOSES.
"NUTRIENT." A SUBSTANCE OR RECOGNIZED PLANT NUTRIENT,
ELEMENT OR COMPOUND THAT IS USED OR SOLD FOR ITS PLANT NUTRITIVE
CONTENT OR ITS CLAIMED NUTRITIVE VALUE. THE TERM INCLUDES
LIVESTOCK AND POULTRY MANURES, COMPOST AS FERTILIZER,
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COMMERCIALLY MANUFACTURED CHEMICAL FERTILIZERS, SEWAGE SLUDGE,
FOOD PROCESSING RESIDUALS OR COMBINATIONS THEREOF.
"NUTRIENT MANAGEMENT ACT." THE PROVISIONS OF 3 PA.C.S. CH. 5
(RELATING TO NUTRIENT MANAGEMENT AND ODOR MANAGEMENT).
"NUTRIENT MANAGEMENT ADVISORY BOARD." THE BOARD ESTABLISHED
UNDER 3 PA.C.S. § 510 (RELATING TO NUTRIENT MANAGEMENT ADVISORY
BOARD).
"SECRETARY." THE SECRETARY OF AGRICULTURE OF THE
COMMONWEALTH.
"SOLID WASTE MANAGEMENT ACT." THE ACT OF JULY 7, 1980
(P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT.
SUBARTICLE B
USE OF FOOD PROCESSING RESIDUALS
IN NORMAL FARMING OPERATION
SECTION 1311. POWERS AND DUTIES OF COMMISSION.
(A) REGULATIONS.--THE COMMISSION SHALL, IN CONSULTATION WITH
THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
BOARD AND THE NUTRIENT MANAGEMENT ADVISORY BOARD, PROMULGATE
REGULATIONS ESTABLISHING MINIMUM CRITERIA FOR THE USE OF FOOD
PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING OPERATIONS
TO IMPLEMENT THIS SUBARTICLE. THE CRITERIA SHALL BE ESTABLISHED
USING THE MOST RECENT SCIENCE AVAILABLE.
(B) CRITERIA.--THE CRITERIA ESTABLISHED UNDER SUBSECTION (A)
SHALL INCLUDE:
(1) PROCEDURES FOR THE COMMISSION TO IDENTIFY NUTRIENTS.
THERE SHALL BE A PRESUMPTION THAT NITROGEN IS THE NUTRIENT OF
PRIMARY CONCERN, UNLESS THE COMMISSION DETERMINES THE
PRESUMPTION IS NOT APPROPRIATE.
(2) PROCEDURES FOR THE COMMISSION TO IDENTIFY
CHARACTERISTICS OF INTEREST.
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(3) PROCEDURES TO DETERMINE THE PROPER APPLICATION RATES
OF NUTRIENTS AND CHARACTERISTICS OF INTEREST IN FOOD
PROCESSING RESIDUALS TO BE APPLIED TO LAND BASED ON
CONDITIONS OF SOIL, LEVELS OF EXISTING NUTRIENTS AND
CHARACTERISTICS OF INTEREST IN THE SOIL, AND THE TYPE OF
AGRICULTURAL PRODUCTION TO BE CONDUCTED ON THE LAND.
(4) SCIENCE-BASED AND EVIDENCE-BASED RECOMMENDED BEST
MANAGEMENT PRACTICES TO USE FOOD PROCESSING RESIDUALS IN THE
COURSE OF NORMAL FARMING OPERATIONS.
(5) RECORDKEEPING REQUIREMENTS RELATED TO THE USE OF
FOOD PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING
OPERATIONS, INCLUDING STORAGE, PROCESSING AND LAND
APPLICATION.
(6) MINIMUM STANDARDS FOR THE LOCATION, CONSTRUCTION AND
OPERATION OF A STORAGE FACILITY, INCLUDING STORAGE CAPACITY,
FOR FOOD PROCESSING RESIDUALS USED IN THE COURSE OF NORMAL
FARMING OPERATIONS.
(7) MINIMUM STANDARDS FOR COMMINGLING OF MANURE AND FOOD
PROCESSING RESIDUALS USED IN THE COURSE OF NORMAL FARMING
OPERATIONS.
(8) PROCEDURES FOR FILING A LAND APPLICATION SYSTEM
NOTIFICATION.
(9) CONDITIONS UNDER WHICH A LAND APPLICATION SYSTEM
MUST BE MODIFIED.
(10) PROVISIONS FOR PERIODIC EVALUATION OF A LAND
APPLICATION SYSTEM.
(C) ADDITIONAL DUTIES AND AUTHORITY.--THE COMMISSION SHALL
HAVE THE FOLLOWING ADDITIONAL DUTIES AND AUTHORITY:
(1) TO CONTINUALLY EVALUATE AND APPROVE BEST MANAGEMENT
PRACTICES BASED ON THE LATEST SCIENTIFIC RESEARCH AND
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EVIDENCE-BASED PRACTICES.
(2) TO CONTINUALLY EVALUATE THE CRITERIA FOR A LAND
APPLICATION SYSTEM AND PROMULGATE REGULATIONS AS NECESSARY. A
REGULATORY CHANGE UNDER THIS SUBSECTION SHALL REQUIRE A TWO-
THIRDS MAJORITY VOTE OF THE COMMISSION.
(3) TO DEVELOP AND IMPLEMENT, IN COOPERATION WITH THE
DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
BOARD, THE NUTRIENT MANAGEMENT ADVISORY BOARD AND PENN STATE
EXTENSION, A PROGRAM TO PROVIDE EDUCATION AND TECHNICAL
ASSISTANCE TO THE AGRICULTURAL COMMUNITY AND, TO THE EXTENT
FUNDS ARE AVAILABLE, TO PROVIDE FINANCIAL ASSISTANCE TO
EXISTING NORMAL FARMING OPERATIONS FOR IMPLEMENTATION OF BEST
MANAGEMENT PRACTICES FOR THE USE OF FOOD PROCESSING RESIDUALS
IN THE COURSE OF NORMAL FARMING OPERATIONS.
(4) TO ISSUE ORDERS AND TAKE ACTIONS AS NECESSARY TO
ADMINISTER AND ENFORCE THIS ARTICLE.
SECTION 1312. LAND APPLICATION OF FOOD PROCESSING RESIDUALS.
(A) REQUIREMENT.--THE USE OF FOOD PROCESSING RESIDUALS IN
THE COURSE OF NORMAL FARMING OPERATIONS SHALL BE MANAGED UNDER A
LAND APPLICATION SYSTEM.
(B) REQUIRED COMPONENTS.--A LAND APPLICATION SYSTEM SHALL
INCLUDE ALL OF THE FOLLOWING:
(1) IDENTIFICATION OF SITE-SPECIFIC BEST MANAGEMENT
PRACTICES THAT WILL BE IMPLEMENTED FOR THE USE OF FOOD
PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING
OPERATIONS, INCLUDING STORAGE, PROCESSING AND LAND
APPLICATION.
(2) IDENTIFICATION OF SITE-SPECIFIC BEST MANAGEMENT
PRACTICES THAT MAY NEED TO BE IMPLEMENTED TO MANAGE ODORS
FROM THE USE OF FOOD PROCESSING RESIDUALS IN THE COURSE OF
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NORMAL FARMING OPERATIONS.
(3) RECORDS OF THE FOOD PROCESSING RESIDUALS RECEIVED
FROM A COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR A
COMMERCIAL FOOD PROCESSING RESIDUALS BROKER FOR USE IN THE
COURSE OF NORMAL FARMING OPERATIONS.
(4) A DESCRIPTION OF EACH TYPE OF FOOD PROCESSING
RESIDUALS INTENDED TO BE STORED, PROCESSED OR LAND-APPLIED,
AND THE TOTAL ANNUAL VOLUME PLANNED FOR USE.
(5) A DESCRIPTION OF EACH METHOD OF LAND APPLICATION FOR
THE USE OF FOOD PROCESSING RESIDUALS IN THE COURSE OF NORMAL
FARMING OPERATIONS.
(6) A STATEMENT THAT THE AGRICULTURAL OPERATOR
COMPLETING THE LAND APPLICATION SYSTEM UNDERSTANDS THAT, IF A
NORMAL FARMING OPERATION GENERATES OR UTILIZES MANURE THAT IS
COMMINGLED WITH OR APPLIED TO THE SAME AREA AS FOOD
PROCESSING RESIDUALS, THE AGRICULTURAL OPERATOR MUST ALSO
COMPLY WITH REQUIREMENTS SPECIFIED IN OTHER STATUTES AND
REGULATIONS RELATING TO MANAGEMENT OF MANURE.
(C) REVIEW.--THE LAND APPLICATION SYSTEM SHALL BE AVAILABLE
FOR REVIEW AT THE REQUEST OF THE COMMISSION TO DETERMINE IF THE
LAND APPLICATION SYSTEM MEETS THE REQUIREMENTS OF THIS
SUBARTICLE.
SECTION 1313. LAND APPLICATION SYSTEM NOTIFICATION.
(A) REQUIREMENT.--AN AGRICULTURAL OPERATOR INTENDING TO USE
FOOD PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING
OPERATIONS SHALL FILE A LAND APPLICATION SYSTEM NOTIFICATION
WITH THE COMMISSION PRIOR TO THE USE IN A FORM AND MANNER
DETERMINED BY THE COMMISSION. THE NOTIFICATION SHALL BE FILED
EVERY THREE YEARS AS APPLICABLE.
(B) REQUIRED COMPONENTS.--A LAND APPLICATION SYSTEM
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NOTIFICATION SHALL INCLUDE:
(1) THE NAME, LOCATION AND CONTACT INFORMATION FOR THE
AGRICULTURAL OPERATOR.
(2) THE TOTAL ESTIMATED VOLUME PER MONTH OF FOOD
PROCESSING RESIDUALS INTENDED TO BE USED IN THE COURSE OF
NORMAL FARMING OPERATIONS.
(3) NUTRIENT CONTENT ANALYSIS AND CHARACTERISTICS OF
INTEREST ANALYSIS OF FOOD PROCESSING RESIDUALS INTENDED TO BE
USED IN THE COURSE OF NORMAL FARMING OPERATIONS.
(4) TOTAL ACREAGE UPON WHICH FOOD PROCESSING RESIDUALS
MAY BE LAND-APPLIED IN THE COURSE OF NORMAL FARMING
OPERATIONS IN ACCORDANCE WITH THE AGRICULTURAL OPERATOR'S
LAND APPLICATION SYSTEM.
(5) A SIGNED STATEMENT CONFIRMING THAT THE USE OF ALL
FOOD PROCESSING RESIDUALS IN THE COURSE OF NORMAL FARMING
OPERATIONS SHALL BE CONDUCTED UNDER A LAND APPLICATION
SYSTEM.
(C) RESUBMISSION.--THE COMMISSION MAY REQUIRE RESUBMISSION
OF A LAND APPLICATION SYSTEM NOTIFICATION IF THE COMMISSION
FINDS A SUBMISSION TO BE INCOMPLETE.
(D) VALIDITY.--A LAND APPLICATION SYSTEM NOTIFICATION SHALL
BE VALID FOR THREE YEARS FROM THE DATE THE LAND SYSTEM
NOTIFICATION IS RECEIVED BY THE COMMISSION OR UNTIL THE
ASSOCIATED LAND APPLICATION SYSTEM IS MODIFIED IN A FORM AND
MANNER DETERMINED BY THE COMMISSION.
SECTION 1314. CIVIL PENALTIES.
(A) CIVIL PENALTY.--IN ADDITION TO ANY OTHER REMEDY
AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF THIS
SUBARTICLE, A RULE OR REGULATION ADOPTED, ORDER ISSUED UNDER
THIS SUBARTICLE OR LAND APPLICATION SYSTEM, THE COMMISSION MAY
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ASSESS A CIVIL PENALTY OF NOT MORE THAN $500 FOR THE FIRST DAY
OF EACH OFFENSE AND $100 FOR EACH ADDITIONAL DAY OF CONTINUING
VIOLATION. IN DETERMINING THE PENALTY AMOUNT, THE COMMISSION
SHALL CONSIDER THE FOLLOWING FACTORS:
(1) THE GRAVITY OF THE VIOLATION.
(2) THE POTENTIAL HARM TO THE PUBLIC.
(3) THE POTENTIAL EFFECT ON THE ENVIRONMENT.
(4) THE WILLFULNESS OF THE VIOLATION.
(5) PREVIOUS VIOLATIONS.
(6) THE ECONOMIC BENEFIT TO THE VIOLATOR FOR FAILING TO
COMPLY WITH THIS SUBARTICLE.
(B) WARNING IN LIEU OF PENALTY.--IF THE COMMISSION FINDS
THAT A VIOLATION DID NOT CAUSE HARM TO HUMAN HEALTH OR AN
ADVERSE EFFECT ON THE ENVIRONMENT, THE COMMISSION MAY ISSUE A
WARNING IN LIEU OF ASSESSING A PENALTY IF THE OFFENDER, UPON
NOTICE, TAKES IMMEDIATE ACTION TO RESOLVE THE VIOLATION AND
ACHIEVE COMPLIANCE.
(C) COLLECTION.--IF THE COMMISSION IS UNABLE TO COLLECT A
CIVIL PENALTY ASSESSED UNDER THIS SUBARTICLE OR A PERSON FAILS
TO PAY ALL OR A PORTION OF THE PENALTY, THE COMMISSION MAY REFER
THE MATTER TO THE OFFICE OF GENERAL COUNSEL OR THE OFFICE OF
ATTORNEY GENERAL, WHICH MAY INSTITUTE AN ACTION IN THE
APPROPRIATE COURT TO RECOVER THE PENALTY. A CIVIL PENALTY
ASSESSED MAY ACT AS A LIEN ON THE PROPERTY OF THE PERSON AGAINST
WHOM THE PENALTY HAS BEEN ASSESSED.
SECTION 1315. ENFORCEMENT AUTHORITY.
(A) RIGHT OF ACCESS.--A DULY AUTHORIZED AGENT OF THE
COMMISSION, DEPARTMENT, DEPARTMENT OF ENVIRONMENTAL PROTECTION
OR DELEGATED CONSERVATION DISTRICT SHALL HAVE THE AUTHORITY TO
ENTER A NORMAL FARMING OPERATION AT REASONABLE TIMES TO CONDUCT
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INVESTIGATIONS AND TO TAKE ACTIONS NECESSARY TO ENFORCE THIS
ARTICLE OR ANY ORDER, RULE OR REGULATION ISSUED UNDER THIS
ARTICLE.
(B) DUTY TO GRANT ACCESS.--A PERSON OWNING OR OPERATING A
NORMAL FARMING OPERATION SHALL GRANT ACCESS TO A DULY AUTHORIZED
AGENT OF THE COMMISSION, DEPARTMENT, DEPARTMENT OF ENVIRONMENTAL
PROTECTION OR A DELEGATED CONSERVATION DISTRICT UNDER SUBSECTION
(A) AND SHALL NOT HINDER, OBSTRUCT, PREVENT OR INTERFERE WITH
THE AGENTS IN THE PERFORMANCE OF THEIR DUTIES. AUTHORIZED
AGENTS SHALL PERFORM REASONABLE MEASURES AND ACTIONS AS DIRECTED
BY THE OFFENDER OF A NORMAL FARMING OPERATION THAT REASONABLY
AND SUBSTANTIALLY PREVENT THE SPREAD OR OUTBREAK OF CONTAGIOUS
DISEASES.
SECTION 1316. APPEALABLE ACTIONS.
A PERSON AGGRIEVED BY AN ORDER OR OTHER ADMINISTRATIVE ACTION
OF THE COMMISSION ISSUED OR TAKEN UNDER THIS ARTICLE MAY, WITHIN
10 DAYS FROM ACTUAL OR CONSTRUCTIVE NOTICE OF THE ACTION, APPEAL
THE ACTION IN ACCORDANCE WITH 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).
SECTION 1317. APPLICABILITY.
UNLESS CLASSIFIED AS HAZARDOUS BY THE ENVIRONMENTAL QUALITY
BOARD, FOOD PROCESSING RESIDUALS UNDER THIS SUBARTICLE:
(1) SHALL NOT BE CONSIDERED RESIDUAL WASTE UNDER THE
SOLID WASTE MANAGEMENT ACT.
(2) ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 501(A)
OF THE SOLID WASTE MANAGEMENT ACT.
SUBARTICLE C
COMMERCIAL FOOD PROCESSING RESIDUALS
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HAULERS AND BROKERS
SECTION 1321. COMMERCIAL FOOD PROCESSING RESIDUALS HAULER AND
BROKER CERTIFICATION PROGRAM.
(A) DUTIES OF DEPARTMENT.--
(1) THE DEPARTMENT SHALL ESTABLISH, IN CONSULTATION WITH
THE COMMISSION AND THE BOARD, A COMMERCIAL FOOD PROCESSING
RESIDUALS HAULER AND BROKER CERTIFICATION PROGRAM FOR THE
PURPOSE OF CERTIFYING PERSONS TO STORE, TRANSFER, TRANSPORT
OR LAND-APPLY FOOD PROCESSING RESIDUALS.
(2) THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH
TERMS, CONDITIONS AND FEES FOR CERTIFICATION AS THE
DEPARTMENT DEEMS APPROPRIATE.
(3) THE DEPARTMENT SHALL DEVELOP, IN CONSULTATION WITH
THE COMMISSION AND THE BOARD, TRAINING, EDUCATIONAL
REQUIREMENTS, TESTING AND OTHER CRITERIA AS THE DEPARTMENT
DEEMS NECESSARY FOR CERTIFICATION. THE TRAINING SHALL ADDRESS
THE FOLLOWING TOPICS:
(I) LAWS, REGULATIONS AND ORDERS REGARDING FOOD
PROCESSING RESIDUALS USE, STORAGE, TRANSFER, TRANSPORT
AND LAND APPLICATION.
(II) BEST MANAGEMENT PRACTICES WITH RESPECT TO FOOD
PROCESSING RESIDUALS STORAGE, HAULING AND LAND
APPLICATION, TRANSPORT SAFETY PROCEDURES, CALIBRATION OF
APPLICATION RATES FOR VARIOUS TYPES OF APPLICATION
EQUIPMENT, SETBACKS FROM WATER SOURCES AND PROPERTY
LINES, FOOD PROCESSING RESIDUALS RUNOFF CONCERNS AND
INCORPORATION TECHNIQUES.
(III) RECORDKEEPING OBLIGATIONS BY COMMERCIAL FOOD
PROCESSING RESIDUALS HAULERS OR COMMERCIAL FOOD
PROCESSING RESIDUALS BROKERS NECESSARY TO COMPLY WITH
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THIS ARTICLE.
(B) TRAINING PROGRAM APPROVAL.--THE DEPARTMENT MAY APPROVE
TRAINING AND EDUCATION PROGRAMS DEVELOPED BY EDUCATIONAL
INSTITUTIONS OR ENTITIES WITHIN THIS COMMONWEALTH THAT SATISFY
THE REQUIREMENTS OF THIS SECTION.
SECTION 1322. REQUIREMENTS FOR COMMERCIAL FOOD PROCESSING
RESIDUALS HAULERS AND COMMERCIAL FOOD PROCESSING
RESIDUALS BROKERS.
(A) CERTIFICATION REQUIREMENT.--A COMMERCIAL FOOD PROCESSING
RESIDUALS HAULER OR COMMERCIAL FOOD PROCESSING RESIDUALS BROKER
MAY NOT STORE, TRANSFER, TRANSPORT OR LAND-APPLY FOOD PROCESSING
RESIDUALS IN THIS COMMONWEALTH, REGARDLESS OF WHERE THE FOOD
PROCESSING RESIDUALS ARE GENERATED, UNLESS THE COMMERCIAL FOOD
PROCESSING RESIDUALS HAULER OR COMMERCIAL FOOD PROCESSING
RESIDUALS BROKER MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(1) HAS SUCCESSFULLY COMPLETED THE CERTIFICATION PROGRAM
UNDER SECTION 1321.
(2) HAS BEEN ISSUED CERTIFICATION BY THE DEPARTMENT.
(3) MAINTAINS CERTIFICATION IN ACCORDANCE WITH THE
CERTIFICATION PROGRAM'S REQUIREMENTS.
(B) LAND APPLICATION OF FOOD PROCESSING RESIDUALS.--A
COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR COMMERCIAL FOOD
PROCESSING RESIDUALS BROKER SHALL LAND-APPLY FOOD PROCESSING
RESIDUALS IN ACCORDANCE WITH THIS ARTICLE AND A LAND APPLICATION
SYSTEM.
(C) STORAGE, TRANSFER AND TRANSPORT OF FOOD PROCESSING
RESIDUALS.--A COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR
COMMERCIAL FOOD PROCESSING RESIDUALS BROKER SHALL STORE,
TRANSFER AND TRANSPORT FOOD PROCESSING RESIDUALS IN ACCORDANCE
WITH THIS ARTICLE.
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(D) RECORDS.--COMMERCIAL FOOD PROCESSING RESIDUALS HAULERS
OR COMMERCIAL FOOD PROCESSING RESIDUALS BROKERS SHALL MAINTAIN
RECORDS IN ACCORDANCE WITH THIS ARTICLE OF ALL FOOD PROCESSING
RESIDUALS THAT THE COMMERCIAL FOOD PROCESSING RESIDUALS HAULERS
OR COMMERCIAL FOOD PROCESSING RESIDUALS BROKERS STORE, BROKER,
TRANSPORT OR LAND-APPLY. RECORDS SHALL BE RETAINED FOR THREE
YEARS AND SHALL BE MADE AVAILABLE UPON REQUEST OF THE
DEPARTMENT.
SECTION 1323. ADMINISTRATIVE PENALTIES.
(A) PENALTIES.--IN ADDITION TO ANY OTHER REMEDY AVAILABLE AT
LAW OR IN EQUITY FOR A VIOLATION OF THIS SUBARTICLE, THE
DEPARTMENT MAY ASSESS AN ADMINISTRATIVE PENALTY OF UP TO $1,000
FOR THE FIRST DAY OF A VIOLATION OF THIS SUBARTICLE AND $500 FOR
EACH DAY THE VIOLATION CONTINUES. IN DETERMINING THE PENALTY
AMOUNT, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS:
(1) THE SERIOUSNESS OF THE VIOLATION.
(2) THE POTENTIAL HARM TO THE PUBLIC.
(3) THE POTENTIAL EFFECT ON THE ENVIRONMENT.
(4) THE WILLFULNESS OF THE VIOLATION.
(5) PREVIOUS VIOLATIONS.
(6) THE ECONOMIC BENEFIT DERIVED BY THE VIOLATOR FOR
NONCOMPLIANCE WITH THIS SUBARTICLE.
(B) WARNING IN LIEU OF PENALTY.--IF THE DEPARTMENT FINDS
THAT THE VIOLATION DOES NOT CAUSE HARM TO HUMAN HEALTH OR AN
ADVERSE EFFECT ON THE ENVIRONMENT, THE DEPARTMENT MAY ISSUE A
WARNING IN LIEU OF AN ADMINISTRATIVE PENALTY IF THE VIOLATOR,
UPON NOTICE, TAKES IMMEDIATE ACTION TO CORRECT THE VIOLATION AND
COMPLIES WITH THIS SUBARTICLE.
(C) APPEALS.--A PERSON AGGRIEVED BY THE ASSESSMENT OF AN
ADMINISTRATIVE PENALTY MAY APPEAL A PENALTY TO THE SECRETARY
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WITHIN 10 DAYS OF THE DATE OF THE PENALTY ASSESSMENT. THE
SECRETARY SHALL ISSUE A DECISION ON THE APPEAL WITHIN 90 DAYS OF
THE APPEAL. IF A DECISION IS NOT ISSUED BY THE SECRETARY WITHIN
THE TIME PERIOD SPECIFIED UNDER THIS PARAGRAPH, THE ASSESSMENT
OF THE PENALTY SHALL BE DEEMED WITHDRAWN. APPEALS UNDER THIS
SUBSECTION SHALL BE GOVERNED BY 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 LOCAL AGENCY
ACTION).
(D) COLLECTION.--IF THE DEPARTMENT IS UNABLE TO COLLECT AN
ADMINISTRATIVE PENALTY ASSESSED UNDER SUBSECTION (A) OR A PERSON
FAILS TO PAY ALL OR A PORTION OF THE PENALTY, THE DEPARTMENT MAY
REFER THE MATTER TO THE OFFICE OF GENERAL COUNSEL OR THE OFFICE
OF ATTORNEY GENERAL, WHICH MAY INSTITUTE AN ACTION IN A COURT OF
COMPETENT JURISDICTION TO RECOVER THE PENALTY. A PENALTY
ASSESSED FOR A VIOLATION OF THIS SUBARTICLE MAY OPERATE AS A
LIEN ON THE PROPERTY OF THE PERSON AGAINST WHOM THE PENALTY HAS
BEEN ASSESSED.
SECTION 1324. ENFORCEMENT ORDERS AND SUSPENSION OR REVOCATION
OF CERTIFICATION.
(A) ORDERS.--THE DEPARTMENT MAY ISSUE ORDERS NECESSARY TO
ENFORCE THIS SUBARTICLE. ORDERS SHALL TAKE EFFECT UPON NOTICE
UNLESS OTHERWISE SPECIFIED.
(B) SUSPENSION OR REVOCATION.--THE DEPARTMENT MAY SUSPEND OR
REVOKE CERTIFICATION OF A COMMERCIAL FOOD PROCESSING RESIDUALS
HAULER OR COMMERCIAL FOOD PROCESSING RESIDUALS BROKER UPON
FINDING THAT THE COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR
COMMERCIAL FOOD PROCESSING RESIDUALS BROKER HAS FAILED TO COMPLY
OR CONTINUES NONCOMPLIANCE WITH ANY OF THE FOLLOWING:
(1) A PROVISION OF THIS SUBARTICLE.
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(2) CERTIFICATION CRITERIA OR REQUIREMENTS.
(3) A REGULATION PROMULGATED UNDER THIS SUBARTICLE.
(4) AN ORDER ISSUED UNDER THIS SUBARTICLE.
(C) APPEALS.--A PERSON MAY APPEAL AN ORDER, SUSPENSION OR
REVOCATION UNDER THIS SUBARTICLE TO THE SECRETARY WITHIN 10 DAYS
OF THE DATE OF THE ORDER, SUSPENSION OR REVOCATION. THE
SECRETARY SHALL ISSUE A DECISION ON THE APPEAL WITHIN 90 DAYS OF
THE APPEAL. IF A DECISION IS NOT ISSUED BY THE SECRETARY WITHIN
THE TIME PERIOD SPECIFIED UNDER THIS PARAGRAPH, THE ORDER,
SUSPENSION OR REVOCATION SHALL BE DEEMED WITHDRAWN. APPEALS
SHALL BE GOVERNED BY 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).
SECTION 1325. TEMPORARY RULEMAKING AUTHORITY.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF SECTION 1321, THE DEPARTMENT SHALL PROMULGATE
TEMPORARY REGULATIONS THAT SHALL EXPIRE NO LATER THAN THREE
YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY REGULATIONS.
THE DEPARTMENT MAY PROMULGATE TEMPORARY REGULATIONS NOT SUBJECT
TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--THE DEPARTMENT'S AUTHORITY TO ADOPT
TEMPORARY REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION. REGULATIONS
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ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY
LAW BEFORE THE EXPIRATION OF THE TEMPORARY REGULATIONS UNDER
SUBSECTION (A).
SUBARTICLE D
MISCELLANEOUS PROVISIONS
SECTION 1331. UNLAWFUL CONDUCT.
IT SHALL BE UNLAWFUL TO VIOLATE, CAUSE OR ASSIST IN THE
VIOLATION OF ANY OF THE FOLLOWING:
(1) A PROVISION OF THIS ARTICLE.
(2) A REGULATION PROMULGATED UNDER THIS ARTICLE.
(3) AN ORDER ISSUED UNDER THIS ARTICLE.
SECTION 1332. CIVIL REMEDIES.
(A) ACTION AT LAW.--THE OFFICE OF GENERAL COUNSEL MAY
INSTITUTE AN ACTION AT LAW IN A COURT OF COMPETENT JURISDICTION
TO RECOVER DAMAGES FOR A VIOLATION OF THIS ARTICLE, A REGULATION
PROMULGATED UNDER THIS ARTICLE OR AN ORDER ISSUED UNDER THIS
ARTICLE.
(B) ACTION IN EQUITY.--THE OFFICE OF GENERAL COUNSEL MAY
INSTITUTE AN ACTION IN EQUITY IN A COURT OF COMPETENT
JURISDICTION TO RESTRAIN A VIOLATION OF THIS ARTICLE, A
REGULATION PROMULGATED UNDER THIS ARTICLE OR AN ORDER ISSUED
UNDER THIS ARTICLE. IN A PROCEEDING UNDER THIS SUBSECTION, THE
FOLLOWING SHALL APPLY:
(1) THE COURT MAY FIX A REASONABLE TIME DURING WHICH THE
DEFENDANT MAY MAKE PROVISION FOR THE ABATEMENT OF THE
VIOLATION.
(2) THE COURT MAY ISSUE A PRELIMINARY OR SPECIAL
INJUNCTION OR TEMPORARY RESTRAINING ORDER WHERE CIRCUMSTANCES
WARRANT OR PUBLIC HEALTH IS ENDANGERED.
(3) THE COURT SHALL ISSUE A PRELIMINARY INJUNCTION UPON
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FINDING THAT THE DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT
PROHIBITED UNDER THIS ARTICLE OR IS CAUSING IMMEDIATE OR
IRREPARABLE HARM TO THE PUBLIC.
(4) THE COMMONWEALTH SHALL NOT BE REQUIRED TO FURNISH
BOND.
(5) THE COURT MAY GRANT EQUITABLE RELIEF IN ADDITION TO
DAMAGES UNDER SUBSECTION (A).
SECTION 1333. POWERS RESERVED UNDER EXISTING LAWS.
(A) RESERVATION.--NOTHING IN THIS ARTICLE SHALL BE CONSTRUED
TO LIMIT THE POWERS OF THE DEPARTMENT, THE COMMISSION OR THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER OTHER STATE LAWS,
INCLUDING THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS
THE CLEAN STREAMS LAW, THE SOLID WASTE MANAGEMENT ACT AND COMMON
LAW.
(B) JUDICIAL JURISDICTION.--A COURT EXERCISING EQUITABLE
JURISDICTION IN ACCORDANCE WITH SECTION 1332(B) SHALL NOT BE
DEPRIVED OF JURISDICTION EVEN THOUGH A NUISANCE OR CONDITION
DETRIMENTAL TO PUBLIC HEALTH IS SUBJECT TO REGULATION OR OTHER
ACTION BY THE COMMISSION, DEPARTMENT OF ENVIRONMENTAL PROTECTION
OR THE DEPARTMENT UNDER THIS ARTICLE.
SECTION 1334. PREEMPTION OF LOCAL ORDINANCES.
THIS ARTICLE IS OF STATEWIDE CONCERN, OCCUPIES THE WHOLE
FIELD OF REGULATION REGARDING THE USE OF FOOD PROCESSING
RESIDUALS IN NORMAL FARMING OPERATIONS AND THE CERTIFICATION OF
AND THE REQUIREMENTS UNDER SECTION 1322 AND PREEMPTS ALL LOCAL
ORDINANCES AND REGULATIONS GOVERNING THE USE OF FOOD PROCESSING
RESIDUALS IN NORMAL FARMING OPERATIONS AND THE CERTIFICATION OR
REGULATION OF COMMERCIAL FOOD PROCESSING RESIDUALS HAULERS AND
COMMERCIAL FOOD PROCESSING RESIDUALS BROKERS.
SECTION 1335. MITIGATION.
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(A) OPERATOR COMPLIANCE AS MITIGATING FACTOR.--AN
AGRICULTURAL OPERATOR USING FOOD PROCESSING RESIDUALS IN THE
COURSE OF A NORMAL FARMING OPERATION THAT IS IN COMPLIANCE WITH
ALL APPLICABLE PROVISIONS OF THIS ARTICLE, REGULATIONS
PROMULGATED UNDER THIS ARTICLE AND ORDERS ISSUED UNDER THIS
ARTICLE SHALL BE AFFORDED APPROPRIATE CONSIDERATION AS A
MITIGATING FACTOR IN ANY ACTION ARISING FROM THE USE OF FOOD
PROCESSING RESIDUALS IN A NORMAL FARMING OPERATION.
(B) HAULER OR BROKER COMPLIANCE AS MITIGATING FACTOR.--A
COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR COMMERCIAL FOOD
PROCESSING RESIDUALS BROKER THAT IS PROPERLY CERTIFIED UNDER
THIS ARTICLE AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF
THIS ARTICLE, REGULATIONS PROMULGATED UNDER THIS ARTICLE AND
ORDERS ISSUED UNDER THIS ARTICLE SHALL BE AFFORDED APPROPRIATE
CONSIDERATION AS A MITIGATING FACTOR IN ANY ACTION ARISING FROM
THE STORAGE, TRANSFER, TRANSPORT OR LAND APPLICATION OF FOOD
PROCESSING RESIDUALS IN A NORMAL FARMING OPERATION BY THE
COMMERCIAL FOOD PROCESSING RESIDUALS HAULER OR COMMERCIAL FOOD
PROCESSING RESIDUALS BROKER.
SECTION 1336. FUNDING.
THE FOLLOWING APPLY:
(1) FUNDING FROM THE NUTRIENT MANAGEMENT FUND
ESTABLISHED UNDER 3 PA.C.S. § 512 (RELATING TO NUTRIENT
MANAGEMENT FUND) MAY BE USED TO IMPLEMENT THE PROVISIONS OF
THIS ARTICLE.
(2) ALL FEES AND PENALTIES UNDER THIS ARTICLE SHALL BE
DISPOSED OF IN ACCORDANCE WITH 3 PA.C.S. § 2384 (RELATING TO
D ISPOSITION OF FEES, FINES AND CIVIL PENALTIES ).
SECTION 6.1. SECTION 1602-D.1 OF THE ACT IS AMENDED TO READ:
SECTION 1602-D.1. FINANCIAL RECOVERY.
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(A) MODERATE AND SEVERE DISTRESS.--AS OF THE DATE OF THE
TERMINATION OF DISTRESSED STATUS UNDER THE PROVISIONS OF THE ACT
OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS THE MUNICIPALITIES
FINANCIAL RECOVERY ACT, A CITY OF THE SECOND CLASS A THAT IS
LEVYING, OR HAD BEEN AUTHORIZED TO LEVY WITHIN THE PREVIOUS
THREE FISCAL YEARS, A LOCAL SERVICES TAX IN EXCESS OF $52 IN
ACCORDANCE WITH THE MUNICIPALITIES FINANCIAL RECOVERY ACT, MAY,
UPON THE TERMINATION OF DISTRESSED STATUS, LEVY, WITHOUT COURT
APPROVAL, THE LOCAL SERVICES TAX AT A RATE WHICH DOES NOT EXCEED
$156 PER YEAR, IF A PENSION SYSTEM OF THE MUNICIPALITY IS IN
MODERATE DISTRESS OR SEVERE DISTRESS AS DEFINED BY SECTION
503(D) OF THE ACT OF DECEMBER 18, 1984 (P.L.1005, NO.205), KNOWN
AS THE MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT,
AND THE AMOUNT IN EXCESS OF $52 IS USED SOLELY TO DEFRAY THE
MUNICIPALITY'S UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY. A
LOCAL SERVICES TAX IN EXCESS OF $52 MAY NOT BE LEVIED IN THE
SAME YEAR THAT THE INCOME OF NONRESIDENTS IS SUBJECT TO A TAX
ABOVE MAXIMUM RATES AS PROVIDED IN SECTION 607(F) OF THE
MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT.
(B) MINIMAL DISTRESS.-- A CITY OF THE SECOND CLASS A THAT
PREVIOUSLY TERMINATED DISTRESSED STATUS UNDER THE MUNICIPALITIES
FINANCIAL RECOVERY ACT AND IS LEVYING, OR HAD BEEN AUTHORIZED TO
LEVY WITHIN THE PREVIOUS THREE FISCAL YEARS, A LOCAL SERVICES
TAX IN EXCESS OF $52 IN ACCORDANCE WITH THE MUNICIPALITIES
FINANCIAL RECOVERY ACT OR SUBSECTION (A), MAY LEVY, WITHOUT
COURT APPROVAL, THE LOCAL SERVICES TAX AT A RATE WHICH DOES NOT
EXCEED $156 PER YEAR, IF A PENSION SYSTEM OF THE MUNICIPALITY IS
IN MINIMAL DISTRESS AS DEFINED BY SECTION 503(D) OF THE
MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT, AND
THE AMOUNT IN EXCESS OF $52 IS USED SOLELY TO DEFRAY THE
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MUNICIPALITY'S UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY. A
LOCAL SERVICES TAX IN EXCESS OF $52 MAY NOT BE LEVIED IN THE
SAME YEAR THAT THE INCOME OF NONRESIDENTS IS SUBJECT TO A TAX
ABOVE MAXIMUM RATES AS PROVIDED IN SECTION 607(F) OF THE
MUNICIPAL PENSION PLAN FUNDING STANDARD AND RECOVERY ACT. IN NO
EVENT SHALL A MUNICIPALITY THAT HAS NO PENSION SYSTEM IN
DISTRESS LEVY UNDER THIS SUBSECTION A LOCAL SERVICES TAX IN
EXCESS OF $52 FOR MORE THAN THREE FULL CALENDAR YEARS AFTER ITS
PENSION SYSTEMS ARE DECLARED MINIMALLY DISTRESSED.
SECTION 7. SECTION 1601.2-E(E)(1)(II) OF THE ACT, AMENDED
NOVEMBER 12, 2025 (P.L.156, NO.45), 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, 2022-2023, 2023-2024, 2024-2025 [AND],
2025-2026 AND 2026-2027 FISCAL YEAR.
* * *
SECTION 8. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1609.1-E. DEEP WELLS AND UTICA SHALE PERMITS.
NOTWITHSTANDING SECTION 6 OF THE ACT OF JULY 25, 1961
(P.L.825, NO.359), KNOWN AS THE OIL AND GAS CONSERVATION LAW,
BEFORE DRILLING A WELL THAT IS TO PENETRATE THE ONONDAGA OR
DEEPER HORIZONS OR A DEPTH OF 3,800 FEET, WHICHEVER IS DEEPER,
AND THAT IS INTENDED TO PRODUCE PRIMARILY FROM THE UTICA SHALE
FORMATION OR A DEEPER FORMATION AND NO SPACING ORDER HAS BEEN
ENTERED AND NO APPLICATION IS PENDING, THE SETBACK DISTANCE OF
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THREE HUNDRED AND THIRTY FEET FROM THE NEAREST OUTSIDE BOUNDARY
LINE OF THE LEASE SHALL BE WAIVED. THE WELL OPERATOR SHALL
OBTAIN A PERMIT AND THE APPLICATION SHALL, AT A MINIMUM, INCLUDE
A PLAT PREPARED ON A FORM DEVELOPED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
SECTION 1611-E. WELL PLUGGING.
(A) CEMENT PLUG AT ATTAINABLE BOTTOM.--IN ORDER TO COMPLY
WITH 58 PA.C.S. § 3220(A) (RELATING TO PLUGGING REQUIREMENTS),
THE DEPARTMENT SHALL REQUIRE, AT A MINIMUM, THAT A CEMENT PLUG
OF AT LEAST 50 FEET BE SET AT THE ATTAINABLE BOTTOM OF THE WELL
BORE, THE DEPTH AND EFFICACY OF THE PLUG BE CONFIRMED AND THE
REMAINING WELL BORE BE PLUGGED TO THE SURFACE WITH A SOLID
COLUMN OF CEMENT.
(B) REQUIREMENTS FOR EACH WELL PLUGGED TO ATTAINABLE
BOTTOM.--FOR EACH WELL PLUGGED TO ATTAINABLE BOTTOM WITH
REASONABLE EFFORT, THE OPERATOR SHALL:
(1) WITHIN 90 DAYS OF PLUGGING THE WELL, SUBMIT A REPORT
TO THE DEPARTMENT THAT INCLUDES A SUMMARY OF THE SPECIFIC
TECHNICAL REASONS WHY FURTHER CLEANOUT WAS NOT POSSIBLE AND
WHAT CLEANOUT METHODS WERE ATTEMPTED.
(2) COMPLETE A MINIMUM OF ONE POST-PLUGGING MONITORING
EVENT TO ASSESS FOR THE VERTICAL FLOW OF FLUIDS OR GAS WITHIN
THE WELL BORE PRIOR TO FINAL SITE RESTORATION. THE EVENT
SHALL BE PLANNED TO MAXIMIZE THE AMOUNT OF TIME ELAPSED
BETWEEN THE COMPLETION OF PLUGGING THE WELL AND FINAL
RESTORATION OF THE SITE. ANY EVIDENCE OF VERTICAL FLOW OF
FLUIDS OR GAS WITHIN THE WELL BORE MUST BE REPORTED
IMMEDIATELY TO THE DEPARTMENT.
(C) REGULATIONS.--THE ENVIRONMENTAL QUALITY BOARD SHALL
PROMULGATE REGULATIONS SPECIFIC TO REASONABLE EFFORT FOR ALL
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OTHER PLUGGING SCENARIOS NOT ADDRESSED IN THIS SECTION WITHIN 18
MONTHS OF THE EFFECTIVE DATE OF THIS SUBSECTION. THE REGULATIONS
SHALL SPECIFY METHODS OF DETERMINING THE APPROPRIATE EQUIPMENT,
TOOLS AND PRUDENT INDUSTRY PRACTICES FOR THE PURPOSE OF
DEMONSTRATING ATTAINABLE BOTTOM.
(D) REASONABLE EFFORT REQUIRED FOR CERTAIN WELLS.--AN
OPERATOR SHALL MAKE A REASONABLE EFFORT TO ACHIEVE AN ATTAINABLE
BOTTOM FOR EACH OF THE FOLLOWING TYPES OF WELLS:
(1) ORPHAN WELLS, SO LONG AS THE ORPHAN WELL IS NOT
DRILLED INTO OR THROUGH A GAS STORAGE RESERVOIR OR RESERVOIR
PROTECTIVE AREA.
(2) ABANDONED WELLS, SO LONG AS THE DEPARTMENT HAS
DETERMINED THAT NO VIABLE RESPONSIBLE PARTY HAS STIPULATED
THAT THE ABANDONED WELL IS NOT DRILLED INTO OR THROUGH A GAS
STORAGE RESERVOIR OR RESERVOIR PROTECTIVE AREA.
(3) ORPHAN AND ABANDONED WELLS, SO LONG AS THE ORPHAN
AND ABANDONED WELL IS THE SUBJECT OF A PLUGGING ORDER UNDER
SECTION 13(C) OF THE ACT OF DECEMBER 18, 1984 (P.L.1069,
NO.214), KNOWN AS THE COAL AND GAS RESOURCE COORDINATION ACT.
(E) EVALUATION EVERY THREE YEARS.--TO EVALUATE THE
EFFECTIVENESS OF USING REASONABLE EFFORT TO PLUG CERTAIN WELLS
UNDER THIS SECTION, EVERY THREE YEARS FOLLOWING THE EFFECTIVE
DATE OF THIS SUBSECTION, THE DEPARTMENT SHALL SUBMIT TO THE
GENERAL ASSEMBLY A REPORT THAT INCLUDES:
(1) THE OCCURRENCE OF PLUG FAILURES AT WELLS PLUGGED TO
ATTAINABLE BOTTOM WITH REASONABLE EFFORT.
(2) ENVIRONMENTAL, HEALTH OR SAFETY INCIDENTS ASSOCIATED
WITH WELLS PLUGGED TO ATTAINABLE BOTTOM WITH REASONABLE
EFFORT.
(3) FINANCIAL LIABILITIES INCURRED BY THE DEPARTMENT
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THAT ARE A DIRECT RESULT OF WELLS PLUGGED TO ATTAINABLE
BOTTOM WITH REASONABLE EFFORT.
(F) WAIVERS.--THE ACTIVITIES CONDUCTED WITHIN 300 FEET
(91.44 METERS) OF OCCUPIED DWELLINGS THAT CONSIST OF THE
PLUGGING, ABANDONMENT, REMEDIATION OR SECURING OF AN OIL OR GAS
WELL, INCLUDING ASSOCIATED ACCESS, SITE PREPARATION AND RELATED
WORK, CONDUCTED PURSUANT TO THE OIL AND GAS ACT, THE COAL AND
GAS RESOURCE COORDINATION ACT OR OTHER APPLICABLE LAWS OR ORDERS
OF THE DEPARTMENT SHALL NOT BE CONSIDERED SURFACE MINING
OPERATIONS, REGARDLESS OF WHETHER THE ACTIVITIES OCCUR ON LANDS
SUBJECT TO A MINING PERMIT, ARE UNDERTAKEN IN ADVANCE OF OR
CONCURRENT WITH MINING, OR FACILITATE THE FUTURE EXTRACTION OF
COAL.
(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:
"ABANDONED WELL." AS DEFINED UNDER 58 PA.C.S. § 3203
(RELATING TO DEFINITIONS).
"ATTAINABLE BOTTOM." THE DEPTH, APPROVED BY THE DEPARTMENT,
THAT CAN BE ACHIEVED AFTER A REASONABLE EFFORT MADE IN GOOD
FAITH IS EXPENDED TO CLEAN OUT TO THE TOTAL DEPTH.
"DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
THE COMMONWEALTH.
"OPERATOR." AS DEFINED UNDER 58 PA.C.S. § 3203.
"ORPHAN WELL." AS DEFINED UNDER 58 PA.C.S. § 3203.
"REASONABLE EFFORT." IN RELATION TO AN OPERATOR'S ACTION TO
ACHIEVE AN ATTAINABLE BOTTOM, AN ACTION THAT CLEANS OUT A WELL
TO AT LEAST 200 FEET BELOW THE COAL PROTECTIVE CASING OR, IF NO
COAL PROTECTIVE CASING IS PRESENT, THE COAL SEAM OR SURFACE
CASING, WHICHEVER IS DEEPER, AND CONTINUES TO CLEAN OUT THE WELL
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UNTIL AN ADDITIONAL 100 FEET OF WELL BORE CANNOT BE CLEANED OUT
WITHIN TWO EIGHT-HOUR WORK SHIFTS OR THE TOTAL DEPTH OF THE WELL
IS REACHED.
"TOTAL DEPTH." THE DEPTH TO WHICH A WELL WAS ORIGINALLY
DRILLED OR SUBSEQUENTLY DRILLED OR THE DEPTH TO WHICH IT WAS
PLUGGED PREVIOUSLY IN A MANNER APPROVED BY THE DEPARTMENT.
SECTION 9. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVI-H.1
MANUFACTURING AND INVESTMENT TAX CREDIT
SECTION 1601-H.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:
"CLOSING DATE." AS DEFINED IN SECTION 1822-G OF THE TAX
REFORM CODE.
"CREDIT-ELIGIBLE CAPITAL CONTRIBUTION." AN INVESTMENT OF
CASH BY A BUSINESS FIRM IN A RURAL GROWTH FUND THAT EQUALS THE
AMOUNT SPECIFIED ON A TAX CREDIT CERTIFICATE ISSUED BY THE
DEPARTMENT UNDER SECTION 1829-G OF THE TAX REFORM CODE. THE
INVESTMENT SHALL PURCHASE AN EQUITY INTEREST IN THE RURAL GROWTH
FUND OR PURCHASE, AT PAR VALUE OR PREMIUM, A DEBT INSTRUMENT
THAT HAS A MATURITY DATE AT LEAST FIVE YEARS FROM THE CLOSING
DATE.
"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE COMMONWEALTH.
"INVESTMENT AUTHORITY." THE AMOUNT STATED ON THE NOTICE
ISSUED UNDER SECTION 1824-G OF THE TAX REFORM CODE APPROVING THE
RURAL GROWTH FUND.
"PROGRAM ONE TAX CREDIT AUTHORITY." INVESTMENT AUTHORITY
ISSUED BY THE DEPARTMENT BEFORE JANUARY 1, 2024.
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"PROGRAM TWO TAX CREDIT AUTHORITY." INVESTMENT AUTHORITY
ISSUED BY THE DEPARTMENT ON OR AFTER JANUARY 1, 2024.
"RURAL GROWTH FUND." AN ENTITY APPROVED BY THE DEPARTMENT
UNDER SECTION 1824-G OF THE TAX REFORM CODE.
"TAX CREDIT." THE RURAL JOBS AND INVESTMENT TAX CREDIT
PROVIDED UNDER PART II OF ARTICLE XVIII-G OF THE TAX REFORM
CODE.
"TAX REFORM CODE." THE ACT OF MARCH 4, 1971 (P.L.6, NO.2),
KNOWN AS THE TAX REFORM CODE OF 1971.
SECTION 1602-H.1. LIMITATIONS.
NOTWITHSTANDING SECTION 1828-G(C) OF THE TAX REFORM CODE, T HE
DEPARTMENT MAY NOT APPROVE MORE THAN $60,000,000 IN CREDIT-
ELIGIBLE CAPITAL CONTRIBUTIONS.
SECTION 1603-H.1. TAX CREDIT CERTIFICATES.
(A) APPLICATION.--NOTWITHSTANDING SECTION 1829-G(A) OF THE
TAX REFORM CODE , THE FOLLOWING SHALL APPLY:
(1) WITH RESPECT TO PROGRAM ONE TAX CREDIT AUTHORITY,
THE APPLICATION UNDER SECTION 1829-G(A) OF THE TAX REFORM
CODE SHALL BE FILED NO LATER THAN FEBRUARY 1 FOR CREDIT-
ELIGIBLE CAPITAL CONTRIBUTIONS MADE IN THE PRECEDING CALENDAR
YEAR.
(2) WITH RESPECT TO PROGRAM TWO TAX CREDIT AUTHORITY,
THE APPLICATION UNDER SECTION 1829-G(A) OF THE TAX REFORM
CODE SHALL BE FILED NO LATER THAN FEBRUARY 1 FOR CREDIT-
ELIGIBLE CAPITAL CONTRIBUTIONS MADE IN THE PRECEDING CALENDAR
YEAR.
(B) REVIEW, RECOMMENDATION AND APPROVAL.--NOTWITHSTANDING
SECTION 1829-G(B) OF THE TAX REFORM CODE, THE DEPARTMENT:
(1) BEGINNING WITH FISCAL YEAR 2020-2021, MAY NOT AWARD
TAX CREDIT CERTIFICATES THAT WOULD RESULT IN THE UTILIZATION
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OF MORE THAN $12,000,000 IN TAX CREDITS IN ANY FISCAL YEAR,
EXCEPT FOR TAX CREDITS CARRIED FORWARD.
(2) MAY NOT AWARD MORE THAN $60,000,000 IN TAX CREDIT
CERTIFICATES, IN THE AGGREGATE, UNDER PART II OF ARTICLE
XVIII-G OF THE TAX REFORM CODE.
ARTICLE XVI-H.2
INNOVATE IN PA 2.0 TAX CREDIT
SECTION 1601-H.2. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO THE INNOVATE IN PA 2.0 TAX CREDIT.
SECTION 1602-H.2. 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:
"CAPITAL." THE AMOUNT OF MONEY THAT A PURCHASER INVESTS
UNDER THE INNOVATE IN PA 2.0 PROGRAM.
"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE COMMONWEALTH.
"DEVELOPMENT AUTHORITY." THE BEN FRANKLIN TECHNOLOGY
DEVELOPMENT AUTHORITY CREATED UNDER SECTION 3 OF THE ACT OF JUNE
22, 2001 (P.L.569, NO.38), KNOWN AS THE BEN FRANKLIN TECHNOLOGY
DEVELOPMENT AUTHORITY ACT.
"FUND." THE INNOVATE IN PA 2.0 FUND.
"INSURANCE PREMIUMS TAX LIABILITY." ANY LIABILITY INCURRED
BY AN INSURANCE COMPANY UNDER ARTICLE IX OF THE TAX REFORM CODE
OF 1971.
"PROGRAM." THE INNOVATE IN PA 2.0 PROGRAM.
"QUALIFIED TAXPAYER." ANY OF THE FOLLOWING THAT HAVE
INSURANCE PREMIUMS TAX LIABILITY AND CONTRIBUTE CAPITAL TO
PURCHASE PREMIUMS TAX CREDITS UNDER THIS ARTICLE:
(1) AN INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN
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THIS COMMONWEALTH.
(2) A HOLDING COMPANY THAT HAS AT LEAST ONE INSURANCE
COMPANY SUBSIDIARY AUTHORIZED TO DO BUSINESS IN THIS
COMMONWEALTH.
"RECIPIENT." AN ENTITY THAT RECEIVES A DISTRIBUTION OF FUNDS
UNDER SECTION 1610-H.2(C).
"TAX CREDIT." A CREDIT AGAINST INSURANCE PREMIUMS TAX
LIABILITY OFFERED TO OR HELD BY A QUALIFIED TAXPAYER UNDER THIS
ARTICLE.
"TAX REFORM CODE OF 1971." THE ACT OF MARCH 4, 1971 (P.L.6,
NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
SECTION 1603-H.2. TAX CREDIT.
A QUALIFIED TAXPAYER MAY PURCHASE TAX CREDITS FROM THE
DEPARTMENT IN ACCORDANCE WITH THIS ARTICLE AND MAY APPLY THE TAX
CREDITS AGAINST ITS INSURANCE PREMIUMS TAX LIABILITY IN
ACCORDANCE WITH THIS ARTICLE.
SECTION 1604-H.2. DUTIES.
(A) SALE OF TAX CREDITS.--THE DEPARTMENT SHALL HAVE THE
AUTHORITY TO SELL UP TO $125,000,000 IN TAX CREDITS TO QUALIFIED
TAXPAYERS. THE SALE OF THE TAX CREDITS SHALL BE IN ACCORDANCE
WITH SECTION 1607-H.2.
(B) TIME OF SALE.--THE SALE AUTHORIZED UNDER SUBSECTION (A)
MAY NOT OCCUR BEFORE OCTOBER 1, 2026.
SECTION 1605-H.2. USE OF TAX CREDITS BY QUALIFIED TAXPAYERS.
(A) USE AGAINST INSURANCE PREMIUMS TAX LIABILITY.--A
QUALIFIED TAXPAYER THAT PURCHASES TAX CREDITS UNDER SECTION
1604-H.2 MAY CLAIM THE CREDITS BEGINNING IN CALENDAR YEAR 2030
AGAINST INSURANCE PREMIUMS TAX LIABILITY INCURRED FOR A TAXABLE
YEAR THAT BEGINS ON OR AFTER JANUARY 1, 2029.
(B) APPLICATION TO DEPARTMENT.--A QUALIFIED TAXPAYER SEEKING
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TO USE PURCHASED TAX CREDITS MAY SUBMIT AN APPLICATION TO THE
DEPARTMENT IN A MANNER PRESCRIBED BY THE DEPARTMENT.
(C) CONSTRUCTION.--
(1) A QUALIFIED TAXPAYER MAY NOT BE REQUIRED TO REDUCE
THE AMOUNT OF INSURANCE PREMIUMS TAX INCLUDED BY THE TAXPAYER
IN CONNECTION WITH RATEMAKING FOR ANY INSURANCE CONTRACT
WRITTEN IN THIS COMMONWEALTH BECAUSE OF A REDUCTION OF THE
TAXPAYER'S INSURANCE PREMIUMS TAX LIABILITY DERIVED FROM THE
TAX CREDIT PURCHASED UNDER THIS ARTICLE.
(2) IF, UNDER THE INSURANCE LAWS OF THIS COMMONWEALTH,
THE ASSETS OF THE QUALIFIED TAXPAYER ARE EXAMINED OR
CONSIDERED, THE TAXPAYER'S BALANCE OF TAX CREDITS SHALL BE
TREATED AS AN ADMITTED ASSET SUBJECT TO THE SAME FINANCIAL
RATING AS HELD BY THE COMMONWEALTH.
(D) LIMITATIONS.--
(1) THE TOTAL AMOUNT OF TAX CREDITS APPLIED AGAINST
INSURANCE PREMIUMS TAX LIABILITY BY ALL QUALIFIED TAXPAYERS
IN A FISCAL YEAR MAY NOT EXCEED $15,000,000 PER YEAR
BEGINNING IN CALENDAR YEAR 2030.
(2) THE CREDIT TO BE APPLIED IN ANY ONE YEAR MAY NOT
EXCEED THE INSURANCE PREMIUMS TAX LIABILITY OF THE QUALIFIED
TAXPAYER FOR THAT TAXABLE YEAR.
SECTION 1606-H.2. SALE, CARRYOVER AND CARRYBACK.
(A) CARRYOVER.--IF THE QUALIFIED TAXPAYER CANNOT USE THE
ENTIRE AMOUNT OF THE TAX CREDIT FOR THE TAXABLE YEAR IN WHICH
THE TAXPAYER IS ELIGIBLE FOR THE CREDIT, THE EXCESS MAY BE
CARRIED OVER TO SUCCEEDING TAXABLE YEARS AND USED AS A CREDIT
AGAINST THE QUALIFIED TAX LIABILITY OF THE TAXPAYER FOR THOSE
TAXABLE YEARS, PROVIDED THAT THE CREDIT MAY NOT BE CARRIED OVER
TO ANY TAXABLE YEAR THAT BEGINS AFTER DECEMBER 31, 2041.
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(B) SALE.--NO SOONER THAN 30 DAYS AFTER PROVIDING THE
INSURANCE DEPARTMENT AND THE DEPARTMENT WRITTEN NOTICE OF THE
INTENT TO TRANSFER TAX CREDITS, A QUALIFIED TAXPAYER MAY
TRANSFER TAX CREDITS HELD WITHOUT RESTRICTION TO ANY ENTITY THAT
IS A QUALIFIED TAXPAYER IN GOOD STANDING WITH THE INSURANCE
DEPARTMENT AND THAT AGREES TO ASSUME ALL OF THE TRANSFEROR'S
OBLIGATIONS WITH RESPECT TO THE TAX CREDIT.
(C) CARRYBACK.--A QUALIFIED TAXPAYER MAY NOT CARRY BACK A
TAX CREDIT.
SECTION 1607-H.2. SALE OF TAX CREDITS TO QUALIFIED TAXPAYERS.
(A) CONDUCT OF SALE.--THE SALE OF TAX CREDITS AUTHORIZED
UNDER SECTION 1604-H.2(A) SHALL BE CONDUCTED IN ACCORDANCE WITH
THIS SECTION.
(B) PROCESS.--THE DEPARTMENT MAY SELL THE TAX CREDITS
AUTHORIZED UNDER THIS ARTICLE OR MAY CONTRACT WITH AN
INDEPENDENT THIRD PARTY TO CONDUCT A BIDDING PROCESS AMONG
QUALIFIED TAXPAYERS TO PURCHASE THE CREDITS. IN RAISING CAPITAL
FOR THE PROGRAM, THE DEPARTMENT SHALL HAVE THE DISCRETION TO
DISTRIBUTE CREDITS USING A MARKET-DRIVEN APPROACH OR ANY
APPROACH THAT MAXIMIZES THE YIELD TO THE COMMONWEALTH.
(C) APPLICATION.--A QUALIFIED TAXPAYER SEEKING TO PURCHASE
TAX CREDITS MAY APPLY TO THE DEPARTMENT IN THE MANNER PRESCRIBED
BY THE DEPARTMENT.
(D) BIDDING PROCESS.--USING PROCEDURES ADOPTED BY THE
DEPARTMENT OR, IF APPLICABLE, BY AN INDEPENDENT THIRD PARTY,
EACH QUALIFIED TAXPAYER THAT SUBMITS AN APPLICATION SHALL MAKE A
TIMELY AND IRREVOCABLE OFFER, SUBJECT ONLY TO THE DEPARTMENT'S
ISSUANCE TO THE TAXPAYER OF TAX CREDIT CERTIFICATES, TO MAKE
SPECIFIED CONTRIBUTIONS OF CAPITAL TO THE DEPARTMENT ON DATES
SPECIFIED BY THE DEPARTMENT.
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(E) CONTENTS OF OFFER.--THE OFFER UNDER SUBSECTION (D) MUST
INCLUDE ALL OF THE FOLLOWING:
(1) THE REQUESTED AMOUNT OF TAX CREDITS, WHICH MAY NOT
BE LESS THAN $500,000.
(2) THE QUALIFIED TAXPAYER'S CAPITAL CONTRIBUTION FOR
EACH TAX CREDIT DOLLAR REQUESTED, WHICH MAY NOT BE LESS THAN
THE GREATER OF EITHER OF THE FOLLOWING:
(I) SEVENTY-FIVE PERCENT OF THE REQUESTED DOLLAR
AMOUNT OF TAX CREDITS.
(II) THE PERCENTAGE OF THE REQUESTED DOLLAR AMOUNT
OF TAX CREDITS THAT THE DEPARTMENT AND, IF APPLICABLE,
THE INDEPENDENT THIRD PARTY DETERMINE TO BE CONSISTENT
WITH MARKET CONDITIONS AS OF THE OFFER DATE.
(3) ANY OTHER INFORMATION THE DEPARTMENT OR, IF
APPLICABLE, INDEPENDENT THIRD PARTY REQUIRES.
(F) NOTICE OF APPROVAL.--EACH QUALIFIED TAXPAYER THAT
SUBMITS AN APPLICATION UNDER THIS SECTION SHALL RECEIVE A
WRITTEN NOTICE FROM THE DEPARTMENT INDICATING WHETHER OR NOT IT
HAS BEEN APPROVED AS A PURCHASER OF TAX CREDITS AND, IF SO, THE
AMOUNT OF TAX CREDITS ALLOCATED.
(G) LIMITATION.--NO TAX CREDITS MAY BE SOLD IF THE BIDDING
PROCESS, UPON COMPLETION, HAS FAILED TO YIELD AT LEAST
$75,000,000 IN REVENUE.
(H) CONFIRMATION.--THE DEPARTMENT MUST RECEIVE CONFIRMATION
FROM THE DEPARTMENT OF REVENUE, PRIOR TO ISSUING THE WRITTEN
NOTICE OF APPROVAL, THAT THE QUALIFIED TAXPAYER HAS FILED ALL
REQUIRED STATE TAX REPORTS AND RETURNS FOR ALL APPLICABLE
TAXABLE YEARS AND PAID ANY BALANCE OF STATE TAX DUE AS
DETERMINED BY ASSESSMENT OR DETERMINATION BY THE DEPARTMENT OF
REVENUE AND NOT UNDER TIMELY APPEAL.
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SECTION 1608-H.2. PAYMENT FOR TAX CREDITS PURCHASED AND
CERTIFICATES.
(A) PAYMENT OF CAPITAL.--CAPITAL COMMITTED BY A QUALIFIED
TAXPAYER SHALL BE PAID TO THE DEPARTMENT FOR DEPOSIT INTO THE
FUND. NOTHING UNDER THIS SECTION SHALL PROHIBIT THE DEPARTMENT
FROM ESTABLISHING AN INSTALLMENT PAYMENT SCHEDULE FOR CAPITAL
PAYMENTS TO BE MADE BY THE QUALIFIED TAXPAYER.
(B) ISSUANCE OF TAX CREDIT CERTIFICATES.--ON RECEIPT OF
PAYMENT OF CAPITAL, THE DEPARTMENT SHALL ISSUE TO EACH QUALIFIED
TAXPAYER A TAX CREDIT CERTIFICATE REPRESENTING A FULLY VESTED
CREDIT AGAINST INSURANCE PREMIUMS TAX LIABILITY.
(C) CERTIFICATE ISSUED IN ACCORDANCE WITH BIDDING PROCESS.--
THE DEPARTMENT SHALL ISSUE TAX CREDIT CERTIFICATES TO QUALIFIED
TAXPAYERS IN ACCORDANCE WITH THE BIDDING PROCESS SELECTED BY THE
DEPARTMENT OR THE INDEPENDENT THIRD PARTY.
(D) CONTENTS.--THE TAX CREDIT CERTIFICATE SHALL STATE ALL OF
THE FOLLOWING:
(1) THE TOTAL AMOUNT OF PREMIUMS TAX CREDITS THAT THE
QUALIFIED TAXPAYER MAY CLAIM.
(2) THE AMOUNT OF CAPITAL THAT THE QUALIFIED TAXPAYER
HAS CONTRIBUTED OR AGREED TO CONTRIBUTE IN RETURN FOR THE
ISSUANCE OF THE TAX CREDIT CERTIFICATE.
(3) THE DATES ON WHICH THE TAX CREDITS WILL BE AVAILABLE
FOR USE BY THE QUALIFIED TAXPAYER.
(4) ANY PENALTIES OR OTHER REMEDIES FOR NONCOMPLIANCE.
(5) THE PROCEDURES TO BE USED FOR TRANSFERRING THE TAX
CREDITS.
(6) ANY OTHER REQUIREMENTS THE DEPARTMENT CONSIDERS
NECESSARY.
SECTION 1609-H.2. FAILURE TO MAKE CONTRIBUTION OF CAPITAL AND
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REALLOCATION.
(A) PROHIBITION.--A TAX CREDIT CERTIFICATE UNDER SECTION
1608-H.2 MAY NOT BE ISSUED TO ANY QUALIFIED TAXPAYER THAT FAILS
TO MAKE A CONTRIBUTION OF CAPITAL WITHIN THE TIME THE DEPARTMENT
SPECIFIES.
(B) PENALTY.--A QUALIFIED TAXPAYER THAT FAILS TO MAKE A
CONTRIBUTION OF CAPITAL WITHIN THE TIME THE DEPARTMENT SPECIFIES
SHALL BE SUBJECT TO A PENALTY EQUAL TO 10% OF THE AMOUNT OF
CAPITAL THAT REMAINS UNPAID. THE PENALTY SHALL BE PAID TO THE
DEPARTMENT WITHIN 30 DAYS AFTER DEMAND.
(C) REALLOCATION.--THE DEPARTMENT MAY OFFER TO REALLOCATE
THE DEFAULTED CAPITAL AMONG OTHER QUALIFIED TAXPAYERS, SO THAT
THE RESULT AFTER REALLOCATION IS THE SAME AS IF THE INITIAL
ALLOCATION HAD BEEN PERFORMED WITHOUT CONSIDERING THE TAX CREDIT
ALLOCATION TO THE DEFAULTING QUALIFIED TAXPAYER.
(D) CONTRIBUTION.--IF THE REALLOCATION OF CAPITAL UNDER
SUBSECTION (C) RESULTS IN THE CONTRIBUTION BY ANOTHER QUALIFIED
TAXPAYER OF THE AMOUNT OF CAPITAL NOT CONTRIBUTED BY THE
DEFAULTING QUALIFIED TAXPAYER, THE DEPARTMENT MAY WAIVE THE
PENALTY PROVIDED UNDER SUBSECTION (B).
(E) TRANSFER.--A QUALIFIED TAXPAYER THAT FAILS TO MAKE A
CONTRIBUTION OF CAPITAL WITHIN THE TIME SPECIFIED MAY AVOID THE
IMPOSITION OF THE PENALTY BY TRANSFERRING THE ALLOCATION OF TAX
CREDITS TO A NEW OR EXISTING QUALIFIED TAXPAYER WITHIN 30 DAYS
AFTER THE DUE DATE OF THE DEFAULTED INSTALLMENT. ANY TRANSFEREE
OF AN ALLOCATION OF TAX CREDITS OF A DEFAULTING QUALIFIED
TAXPAYER UNDER THIS SUBSECTION SHALL AGREE TO MAKE THE REQUIRED
CONTRIBUTION OF CAPITAL WITHIN 30 DAYS AFTER THE DATE OF THE
TRANSFER.
SECTION 1610-H.2. INNOVATE IN PA 2.0 PROGRAM.
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(A) ESTABLISHMENT.--THE INNOVATE IN PA 2.0 PROGRAM IS
ESTABLISHED WITHIN THE DEPARTMENT.
(B) FUND.--THE INNOVATE IN PA 2.0 FUND IS ESTABLISHED AS A
RESTRICTED ACCOUNT IN THE STATE TREASURY. THE NET PROCEEDS
RECEIVED BY THE DEPARTMENT AS A RESULT OF THE SALE OF TAX
CREDITS UNDER SECTION 1604-H.2(A) SHALL BE DEPOSITED INTO THE
FUND.
(C) PROGRAM PURPOSES.--THE DEPARTMENT SHALL ADMINISTER THE
PROGRAM TO DISTRIBUTE MONEY FROM THE FUND FOR THE FOLLOWING
PURPOSES:
(1) A TRANSFER OF FUNDS TO RECAPITALIZE THE DEVELOPMENT
AUTHORITY VENTURE FUNDS WHICH INVEST IN VENTURE FUNDS THAT
SUPPORT INNOVATION AS COMPANIES SCALE AND BRING NEW
TECHNOLOGIES TO MARKET.
(2) IN THE FORM OF GRANTS TO ADDRESS REGIONAL AND
STATEWIDE GAPS IN THE LIFE SCIENCES AND BIOTECHNOLOGY
INDUSTRIES FOR STARTUP AND SMALL TO MID-SIZE BUSINESSES, AS
DETERMINED BY THE DEPARTMENT.
(3) IN THE FORM OF GRANTS TO SUPPORT PARTNERSHIPS
BETWEEN BIOTECHNOLOGY AND LIFE SCIENCE COMPANIES, TRAINING
PROVIDERS AND EDUCATIONAL INSTITUTIONS THAT PROVIDE SECONDARY
SCHOOL EDUCATIONAL OPPORTUNITIES TO PREPARE STUDENTS FROM ALL
BACKGROUNDS, INCLUDING THOSE HISTORICALLY UNDERREPRESENTED OR
FROM ECONOMICALLY DISADVANTAGED COMMUNITIES, FOR CAREERS IN
THE BIOTECHNOLOGY OR LIFE SCIENCES SECTORS.
(4) IN THE FORM OF GRANTS TO SEED AND SCALE REGIONAL
VENTURE STUDIOS ALIGNED WITH UNIVERSITY RESEARCH AND REGIONAL
ECONOMIC STRENGTHS, WITH AN EMPHASIS IN RURAL AND
ECONOMICALLY DISADVANTAGED AREAS AS DEFINED BY THE
DEPARTMENT.
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(5) IN THE FORM OF GRANTS TO DEVELOP AND EXPAND PROGRAMS
WITHIN THE DEPARTMENT TO LEVERAGE FEDERAL FUNDING
OPPORTUNITIES AND TECHNOLOGICAL INNOVATIONS FOR THE
COMMONWEALTH'S RESEARCH UNIVERSITIES, WORKFORCE AND
TECHNOLOGY STARTUPS.
SECTION 1611-H.2. GUIDELINES.
THE DEPARTMENT SHALL DEVELOP WRITTEN GUIDELINES IMPLEMENTING
THIS ARTICLE, INCLUDING ASSIGNMENT OF DISTRIBUTION PERCENTAGES
OF NET PROCEEDS FOR EACH OF THE PROGRAM PURPOSES ENUMERATED IN
SECTION 1610-H.2.
SECTION 1612-H.2. REPORTS.
(A) DUTIES.--ON OR BEFORE JANUARY 1, 2028, AND JANUARY 1 OF
EACH YEAR THEREAFTER, THE DEPARTMENT SHALL DO THE FOLLOWING:
(1) SUBMIT A REPORT ON THE IMPLEMENTATION OF THE PROGRAM
TO ALL OF THE FOLLOWING:
(I) THE GOVERNOR.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE.
(III) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(2) PUBLISH THE REPORT UNDER PARAGRAPH (1) ON THE
DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) CONTENTS.--THE REPORT UNDER SUBSECTION (A) SHALL INCLUDE
THE FOLLOWING:
(1) THE NAME OF THE PURCHASER OF PREMIUMS TAX CREDITS.
(2) THE AMOUNT OF PREMIUMS TAX CREDITS ALLOCATED TO THE
PURCHASER.
(3) THE AMOUNT OF CAPITAL THE PURCHASER CONTRIBUTED FOR
THE ISSUANCE OF THE TAX CREDIT CERTIFICATE.
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(4) THE AMOUNT OF ANY TAX CREDITS THAT HAVE BEEN
TRANSFERRED UNDER SECTION 1609-H.2(E).
(5) THE AMOUNT OF FUNDS RECEIVED BY THE RECIPIENTS
DURING THE PREVIOUS YEAR.
(6) THE CUMULATIVE AMOUNT OF CAPITAL RECEIVED BY THE
DEPARTMENT IN CONNECTION WITH THE SALE OF THE TAX CREDITS.
(7) THE AMOUNT OF CAPITAL REMAINING UNINVESTED AT THE
END OF THE PRECEDING CALENDAR YEAR.
(8) THE NAME, LOCATION, AGE OF BUSINESS, NUMBER OF
EMPLOYEES AT TIME OF INVESTMENT AND PRIMARY INDUSTRY OF
BUSINESS RECEIVING CAPITAL FROM THE RECIPIENTS, THE REASON
FOR THE INVESTMENT AND THE AMOUNT OF THE INVESTMENT.
(9) THE TOTAL NUMBER OF JOBS CREATED IN THIS
COMMONWEALTH BY THE INVESTMENT AND THE AVERAGE WAGES PAID FOR
THE JOBS.
(10) THE TOTAL NUMBER OF JOBS RETAINED IN THIS
COMMONWEALTH AS A RESULT OF THE INVESTMENT AND THE AVERAGE
WAGES PAID FOR THE JOBS.
SECTION 1613-H.2. MISCELLANEOUS.
(A) MUNICIPAL PENSION AID FUND AND FIRE INSURANCE TAX
FUND.--
(1) THE IMPLEMENTATION AND ADMINISTRATION OF THIS
ARTICLE, AND THE SALE OF TAX CREDITS AUTHORIZED BY THIS
ARTICLE, SHALL NOT IMPACT THE FUNDING AVAILABLE VIA THE
MUNICIPAL PENSION AID FUND OR THE FIRE INSURANCE TAX FUND
ESTABLISHED IN SECTION 902(B.1) OF THE TAX REFORM CODE OF
1971, FOR FIREMEN'S RELIEF PENSION OR RETIREMENT PURPOSES OR
FOR POLICE PENSION RETIREMENT OR DISABILITY PURPOSES.
(2) EACH FISCAL YEAR IN WHICH TAX CREDITS ARE CLAIMED
UNDER THIS ARTICLE, THE DEPARTMENT OF REVENUE SHALL TRANSFER
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FROM THE GENERAL FUND TO THE MUNICIPAL PENSION AID FUND AND
TO THE FIRE INSURANCE TAX FUND AMOUNTS NECESSARY TO OFFSET
THE IMPACT OF THESE CLAIMS BASED ON THE PROVISIONS OF SECTION
902(B.1) OF THE TAX REFORM CODE OF 1971.
(B) (RESERVED).
ARTICLE XVI-Q.3
DESIGN BUILD BEST VALUE
SECTION 1601-Q.3 . SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO DESIGN BUILD BEST VALUE AS AN
ALTERNATIVE PROCUREMENT PROCESS FOR HIGHWAY AND BRIDGE DESIGN
AND CONSTRUCTION PROJECTS FOR THE PENNSYLVANIA TURNPIKE
COMMISSION.
SECTION 1602-Q.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:
"ALTERNATIVE TECHNICAL CONCEPT" OR "ATC." A PROPOSED
VARIANCE FROM THE CONTRACTUAL REQUIREMENTS OR REQUEST FOR
PROPOSALS THAT IS EQUAL TO OR BETTER THAN THE REQUIREMENTS IN
THE REQUEST FOR PROPOSALS DOCUMENT.
"COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION.
"DESIGN BUILD BEST VALUE." THE SOURCE SELECTION METHOD OTHER
THAN COMPETITIVE SEALED PROPOSALS IN 62 PA.C.S. § 513 (RELATING
TO COMPETITIVE SEALED PROPOSALS), AS DESCRIBED IN SECTION 1603-
Q.3 , WHICH MAY BE USED BY THE COMMISSION ACTING AS THE
PURCHASING AGENCY, AS AN ALTERNATIVE TO COMPETITIVE SEALED
BIDDING AND COMPETITIVE SEALED PROPOSALS.
"OFFEROR." AN ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO
A REQUEST FOR PROPOSALS OR REQUEST FOR QUALIFICATIONS.
"PROJECT." THE DESIGN AND CONSTRUCTION OF A HIGHWAY OR
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BRIDGE, OR BOTH, BY THE COMMISSION.
"REQUEST FOR PROPOSALS." ALL DOCUMENTS, INCLUDING THOSE
EITHER ATTACHED OR INCORPORATED BY REFERENCE, USED FOR
SOLICITING PROPOSALS.
"REQUEST FOR QUALIFICATIONS." ALL DOCUMENTS, INCLUDING THOSE
EITHER ATTACHED OR INCORPORATED BY REFERENCE, USED FOR
SOLICITING STATEMENTS OF QUALIFICATIONS.
"RESPONSIBLE OFFEROR." AN ENTITY THAT HAS SUBMITTED A
RESPONSIVE STATEMENT OF QUALIFICATIONS TO A REQUEST FOR
QUALIFICATIONS OR RESPONSIVE PROPOSAL TO A REQUEST FOR PROPOSALS
AND THAT POSSESSES THE CAPABILITY TO FULLY PERFORM THE CONTRACT
REQUIREMENTS IN ALL RESPECTS AND THE INTEGRITY AND RELIABILITY
TO ASSURE GOOD FAITH PERFORMANCE AS DETERMINED BY THE
COMMISSION.
"RESPONSIVE PROPOSAL." A PROPOSAL WHICH CONFORMS IN ALL
MATERIAL RESPECTS TO THE REQUIREMENTS AND CRITERIA IN THE
REQUEST FOR PROPOSALS.
"SHORTLISTED OFFEROR." AN OFFEROR THAT MAY QUALIFY FOR A
STIPEND BECAUSE OF THE OFFEROR'S SCORE, RANKING OR RATING AFTER
SUBMITTAL OF THE STATEMENT OF QUALIFICATIONS.
"STATEMENT OF QUALIFICATIONS." AN OFFEROR'S RESPONSE TO THE
COMMISSION, AFTER THE COMMISSION ISSUES A REQUEST FOR
QUALIFICATIONS.
SECTION 1603-Q.3 . DESIGN BUILD BEST VALUE PROCESS.
(A) VALUE SCORE.--THE COMMISSION MAY USE THE DESIGN BUILD
BEST VALUE SOURCE SELECTION METHOD FOR PROJECTS IN ACCORDANCE
WITH THIS SECTION.
(B) CONDITIONS FOR USE.--DESIGN BUILD BEST VALUE MAY BE USED
WHEN THE COMMISSION DETERMINES THAT A PROJECT WOULD BENEFIT FROM
THE DESIGN BUILD BEST VALUE METHOD OF PROCUREMENT DUE TO ONE OR
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MORE OF THE FOLLOWING FACTORS:
(1) PROJECT COMPLEXITY;
(2) POTENTIAL FOR INNOVATION;
(3) UNIQUE EQUIPMENT OR SPECIALIZED SYSTEMS;
(4) PROJECT RISKS;
(5) PROJECT SCHEDULE;
(6) OTHER PROJECT CONSIDERATIONS; AND
(7) ESTIMATED PROJECT VALUE.
(C) PROJECTS PROCURED.--THE COMMISSION MAY ADVERTISE NO MORE
THAN 10 ONE-STEP DESIGN BUILD BEST VALUE PROCUREMENTS PER
CALENDAR YEAR AND NO MORE THAN 10 TWO-STEP DESIGN BUILD BEST
VALUE PROCUREMENTS PER CALENDAR YEAR.
(D) PUBLIC NOTICE OF DETERMINATION FOR USE OF DESIGN BUILD
BEST VALUE.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), THE NOTICE
OF DETERMINATION UNDER SUBSECTION (B) SHALL BE POSTED BY THE
COMMISSION FOR A PERIOD OF 30 DAYS PRIOR TO THE DATE THE
PROCUREMENT DOCUMENTS ARE POSTED ON THE COMMISSION'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE.
(2) THE COMMISSION MAY ELECT A PERIOD OF LESS THAN 30
DAYS.
(E) REQUEST FOR PROPOSALS.--
(1) AFTER THE DETERMINATION UNDER SUBSECTION (B) HAS
BEEN ISSUED, THE COMMISSION SHALL SOLICIT PROPOSALS THROUGH A
REQUEST FOR PROPOSALS.
(2) IN ACCORDANCE WITH SUBSECTION (C), THE COMMISSION
MAY CONDUCT A ONE-STEP OR TWO-STEP REQUEST FOR PROPOSALS,
SUBJECT TO THE FOLLOWING:
(I) IF THE COMMISSION CONDUCTS A ONE-STEP REQUEST
FOR PROPOSALS, THE COMMISSION SHALL SEEK A TECHNICAL AND
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PRICE PROPOSAL IN ACCORDANCE WITH SUBSECTION (I).
(II) IF THE COMMISSION CONDUCTS A TWO-STEP REQUEST
FOR PROPOSALS, THE COMMISSION SHALL SEEK A STATEMENT OF
QUALIFICATIONS AS STEP ONE IN ACCORDANCE WITH SUBSECTION
(J) AND A TECHNICAL AND PRICE PROPOSAL AS STEP TWO IN
ACCORDANCE WITH SUBSECTION (K).
(3) THE COMMISSION SHALL INCLUDE A SCHEDULE IN A REQUEST
FOR PROPOSALS UNDER THIS ARTICLE THAT IDENTIFIES THE
ANTICIPATED DATES FOR THE PROCUREMENT, INCLUDING AN
ANTICIPATED FINAL SELECTION OF A BEST VALUE OFFEROR.
(F) PUBLIC NOTICE.--PUBLIC NOTICE OF THE ONE-STEP OR TWO-
STEP REQUEST FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS
PROVIDED IN 62 PA.C.S. § 512(C) (RELATING TO COMPETITIVE SEALED
BIDDING).
(G) SUBMISSION AND RECEIPT OF STATEMENTS OF QUALIFICATIONS
AND PROPOSALS.--OFFERORS SHALL SUBMIT THEIR STATEMENTS OF
QUALIFICATIONS AND PROPOSALS TO ENSURE THAT THEIR STATEMENTS OF
QUALIFICATIONS AND PROPOSALS ARE RECEIVED PRIOR TO THE TIMES AND
DATES ESTABLISHED FOR THE SUBMISSION OF STATEMENTS OF
QUALIFICATIONS AND PROPOSALS. STATEMENTS OF QUALIFICATIONS AND
PROPOSALS SHALL BE SUBMITTED IN THE FORMAT REQUIRED BY THE
REQUEST FOR QUALIFICATIONS AND THE REQUEST FOR PROPOSALS.
STATEMENTS OF QUALIFICATIONS AND PROPOSALS SHALL BE OPENED SO AS
TO AVOID DISCLOSURE OF THEIR CONTENTS TO COMPETING OFFERORS.
(H) PREPROPOSAL CONFERENCE.--THE COMMISSION SHALL SCHEDULE A
PREPROPOSAL CONFERENCE AFTER ISSUING THE REQUEST FOR
QUALIFICATIONS IN A TWO-STEP PROCUREMENT OR THE REQUEST FOR
PROPOSALS IN A ONE-STEP PROCUREMENT, WHICH CONFERENCE MAY BE
HELD VIRTUALLY. THE COMMISSION SHALL INDICATE THE DATE, TIME AND
LOCATION FOR A PREPROPOSAL CONFERENCE WITHIN THE REQUEST FOR
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QUALIFICATIONS IN A TWO-STEP PROCUREMENT OR THE REQUEST FOR
PROPOSALS IN A ONE-STEP PROCUREMENT.
(I) REQUEST FOR TECHNICAL AND PRICE PROPOSALS IN A ONE-STEP
PROCUREMENT.--
(1) THE COMMISSION SHALL ISSUE A FORMAL REQUEST FOR
PROPOSALS PUBLICLY, WHICH SHALL INCLUDE SEPARATE PROPOSALS
FOR A TECHNICAL SOLUTION, TO BE KNOWN AS THE TECHNICAL
PROPOSAL, AND THE PROPOSED PRICE, TO BE KNOWN AS THE PRICE
PROPOSAL.
(2) AFTER RECEIPT OF ALL TECHNICAL PROPOSALS, THE
EVALUATION COMMITTEE UNDER SUBSECTION (T) SHALL EVALUATE EACH
RESPONSIVE PROPOSAL BASED ON THE CRITERIA STATED IN THE
REQUEST FOR PROPOSALS. THE TECHNICAL AND PRICE PROPOSALS
SHALL BE EVALUATED AND EITHER SCORED OR RATED SEPARATELY, AS
APPLICABLE. EXCEPT FOR A RESPONSIVENESS DETERMINATION MADE BY
A NONVOTING MEMBER OF THE EVALUATION COMMITTEE, A PRICE
PROPOSAL MAY NOT BE OPENED UNTIL ALL TECHNICAL PROPOSALS ARE
SCORED OR RATED.
(3) IN SCORING OR RATING A TECHNICAL PROPOSAL AND PRICE
PROPOSAL, THE EVALUATION COMMITTEE SHALL CONSIDER THE
RELATIVE IMPORTANCE OF THE EVALUATION FACTORS FIXED PRIOR TO
THE OPENING OF THE TECHNICAL AND PRICE PROPOSALS, WHICH SHALL
BE STATED IN THE REQUEST FOR PROPOSALS.
(4) FAILURE OF AN OFFEROR TO MEET THE REQUIREMENTS OF A
REQUEST FOR PROPOSALS SHALL RESULT IN THE PROPOSAL BEING
DEEMED NONRESPONSIVE.
(J) STATEMENT OF QUALIFICATIONS AND SHORT-LIST PROCESS IN A
TWO-STEP PROCUREMENT.--
(1) A STATEMENT OF QUALIFICATIONS RECEIVED BY THE
COMMISSION FROM A RESPONSIBLE OFFEROR SHALL BE SCORED OR
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RATED BY AN EVALUATION COMMITTEE BASED ON THE CRITERIA STATED
IN THE REQUEST FOR QUALIFICATIONS.
(2) AFTER THE STATEMENTS OF QUALIFICATIONS ARE SCORED OR
RATED UNDER PARAGRAPH (1), THE EVALUATION COMMITTEE SHALL
DEVELOP A SHORT LIST OF THE NUMBER OF OFFERORS ESTABLISHED IN
THE REQUEST FOR QUALIFICATIONS, WHICH MAY IDENTIFY THE
RESPONSIBLE OFFERORS ELIGIBLE TO RECEIVE A STIPEND UNDER
SUBSECTION (O).
(3) THE COMMISSION SHALL POST A LIST AND RANK OF ALL
RESPONSIBLE OFFERORS ON THE COMMISSION'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE.
(4) A RESPONSIBLE OFFEROR THAT SUBMITTED A STATEMENT OF
QUALIFICATIONS UNDER THE REQUEST FOR QUALIFICATIONS PROCESS,
BUT WAS NOT A SHORTLISTED OFFEROR BY THE COMMISSION, IS
INELIGIBLE TO RECEIVE A STIPEND AFTER THE REQUEST FOR
PROPOSALS PROCESS BUT MAY STILL SUBMIT PROPOSALS IN RESPONSE
TO THE REQUEST FOR PROPOSALS IN STEP TWO OF THE PROCUREMENT
UNDER SUBSECTION (K).
(K) REQUEST FOR TECHNICAL AND PRICE PROPOSALS IN A TWO-STEP
PROCUREMENT.--
(1) FOLLOWING THE CREATION OF A SHORT LIST AND TO THE
EXTENT THAT THE COMMISSION IS SATISFIED WITH THE NUMBER OF
RESPONSIBLE OFFERORS, THE COMMISSION SHALL ISSUE A FORMAL
REQUEST FOR PROPOSALS TO ALL RESPONSIBLE OFFERORS WHO
SUBMITTED A RESPONSIVE STATEMENT OF QUALIFICATIONS, WHICH
SHALL SEEK SEPARATE PROPOSALS FOR A TECHNICAL SOLUTION, TO BE
KNOWN AS THE TECHNICAL PROPOSAL, AND THE PROPOSED PRICE, TO
BE KNOWN AS THE PRICE PROPOSAL.
(2) AFTER RECEIPT OF ALL TECHNICAL PROPOSALS, THE
EVALUATION COMMITTEE SHALL EVALUATE EACH SUBMISSION BASED ON
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THE CRITERIA STATED IN THE REQUEST FOR PROPOSALS. THE
TECHNICAL AND PRICE PROPOSALS SHALL BE EVALUATED AND SCORED
OR RATED SEPARATELY. EXCEPT FOR A RESPONSIVENESS
DETERMINATION MADE BY A NONVOTING MEMBER OF THE EVALUATION
COMMITTEE, A PRICE PROPOSAL MAY NOT BE OPENED UNTIL ALL
TECHNICAL PROPOSALS ARE SCORED OR RATED.
(3) IN SCORING OR RATING A TECHNICAL PROPOSAL AND PRICE
PROPOSAL, THE EVALUATION COMMITTEE SHALL CONSIDER THE
RELATIVE IMPORTANCE OF THE EVALUATION FACTORS FIXED PRIOR TO
THE OPENING OF THE TECHNICAL AND PRICE PROPOSALS, WHICH SHALL
BE STATED IN THE REQUEST FOR PROPOSALS.
(4) IF THE STATEMENT OF QUALIFICATIONS RATING OR SCORE
WILL BE INCLUDED IN THE FINAL RATING OR SCORE FOR THE DESIGN
BUILD BEST VALUE TWO-STEP PROCUREMENT, THE REQUEST FOR
PROPOSALS SHALL INDICATE THAT FACT.
(L) ALTERNATIVE TECHNICAL CONCEPTS.--
(1) AN ALTERNATIVE TECHNICAL CONCEPT, PROPOSED BY AN
OFFEROR, IF ANY, SHALL BE SUBMITTED BY THE OFFEROR TO THE
COMMISSION ON OR BEFORE THE DUE DATE FOR ATC SUBMISSION
ESTABLISHED BY THE REQUEST FOR PROPOSAL.
(2) THE COMMISSION SHALL DETERMINE AT ITS SOLE
DISCRETION WHETHER AN ATC IS ACCEPTABLE OR APPROVED.
(3) THE COMMISSION MAY COMMUNICATE INDIVIDUALLY WITH AN
OFFEROR REGARDING ITS PROPOSED OR SUBMITTED ATC.
(4) APPROVAL OF AN ATC WILL CONSTITUTE A CHANGE IN THE
SPECIFIC REQUIREMENTS OF THE CONTRACTUAL REQUIREMENTS OR
REQUEST FOR PROPOSALS ASSOCIATED WITH THE APPROVED ATC FOR
THAT SPECIFIC OFFEROR. AN OFFEROR SHALL ENSURE THAT ITS
PROPOSAL COMPLIES WITH THE REQUEST FOR PROPOSALS REQUIREMENTS
FOR THE SPECIFIC OFFEROR, AS MODIFIED BY APPROVAL OF THE ATC.
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(5) APPROVAL OF AN ATC IN NO WAY IMPLIES THAT THE ATC OR
THE PROPOSAL WILL RECEIVE A FAVORABLE REVIEW FROM THE
EVALUATION COMMITTEE.
(M) RECORDS OF REQUESTS FOR ALTERNATIVE TECHNICAL CONCEPTS
AND USE OF INTELLECTUAL PROPERTY.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), AN ATC SHALL
BE CONFIDENTIAL UNLESS OR UNTIL:
(I) THE ATC IS DEEMED TO TAKE ADVANTAGE OF AN ERROR
OR OMISSION OR REVEALS AN AREA OR DISCREPANCY WHERE A
CLARIFICATION MAY BE WARRANTED IN THE REQUEST FOR
PROPOSALS OR CONTRACT DOCUMENTS, WHICH MAY BE
SUBSEQUENTLY AMENDED BY THE COMMISSION IN ITS SOLE
DISCRETION;
(II) CANCELLATION OF THE PROCUREMENT WITHOUT
SELECTION OF AN OFFEROR AND UPON AN EXECUTED AGREEMENT
FOR PAYMENT TO AN OFFEROR IN ACCORDANCE WITH SUBSECTION
(N) OR (O);
(III) THE EFFECTIVE DATE OF THE CONTRACT AS A RESULT
OF THE PROCUREMENT OR UPON AN EXECUTED AGREEMENT FOR
PAYMENT TO AN UNSUCCESSFUL OFFEROR IN ACCORDANCE WITH
SUBSECTION (N) OR (O); OR
(IV) ANOTHER DATE AS MAY BE PRESCRIBED UNDER
APPLICABLE LAW, AT WHICH TIME ALL CONFIDENTIALITY RIGHTS,
IF ANY, SHALL BE OF NO FURTHER FORCE AND EFFECT EXCEPT AS
OTHERWISE ALLOWED UNDER THE APPLICABLE LAW.
(2) AN UNSUCCESSFUL OFFEROR'S ATC IS NOT A PUBLIC RECORD
SUBJECT TO INSPECTION AND DUPLICATION UNDER THE ACT OF
FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW
LAW, UNLESS THE COMMISSION ENTERS INTO AN AGREEMENT WITH AN
UNSUCCESSFUL OFFEROR FOR PAYMENT OF THE ATC.
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(3) EXCEPT TO THE EXTENT NOT TRANSFERABLE BY LAW, THE
COMMISSION MAY USE ALL OR A PORTION OF A SUBMITTED PROPOSAL
AND ATC, INCLUDING THE TECHNOLOGIES, TECHNIQUES, METHODS,
PROCESSES AND INFORMATION CONTAINED IN THE PROPOSAL OR ATC,
WITH AN AGREEMENT FOR PAYMENT OF THE ATC. NOTICE OF
NONTRANSFERABILITY BY LAW SHALL BE GIVEN TO THE COMMISSION IN
RESPONSE TO THE REQUEST FOR PROPOSALS OR SUBMITTAL OF THE
ATC.
(4) UNDER NO CIRCUMSTANCES MAY THE COMMISSION BE
RESPONSIBLE FOR OR LIABLE TO AN OFFEROR OR THIRD PARTY AS A
RESULT OF DISCLOSING AN OFFEROR'S ATC MATERIALS.
(N) PAYMENT FOR ALTERNATIVE TECHNICAL CONCEPT.--THE
COMMISSION MAY REASONABLY COMPENSATE ANY OFFEROR FOR AN ATC.
(O) STIPENDS.--
(1) A STIPEND SHALL BE LIMITED TO A TWO-STEP
PROCUREMENT. THE DETERMINATION TO OFFER A STIPEND AND ITS
AMOUNT UNDER THIS SUBSECTION SHALL BE DETERMINED BY THE
COMMISSION ON A PROJECT-BY-PROJECT BASIS. THE DETERMINATION
TO OFFER A STIPEND IN A TWO-STEP PROCUREMENT AND ITS TERMS
SHALL BE STATED IN THE REQUEST FOR QUALIFICATIONS OR REQUEST
FOR PROPOSALS.
(2) IN A TWO-STEP PROCUREMENT, THE COMMISSION MAY
COMPENSATE UNSUCCESSFUL RESPONSIBLE SHORTLISTED OFFERORS FOR
A PORTION OF THE COSTS ASSOCIATED WITH THE PREPARATION OF A
RESPONSIVE PROPOSAL IN RESPONSE TO A REQUEST FOR PROPOSALS
AND FOR PAYMENT OF AN ATC. IF A STIPEND IS PROVIDED TO
UNSUCCESSFUL SHORTLISTED OFFERORS, THE COMMISSION MAY ONLY
PROVIDE PAYMENT IF THE UNSUCCESSFUL SHORTLISTED OFFEROR'S
TECHNICAL AND PRICE PROPOSALS ARE RESPONSIVE AND THE OFFEROR
IS A RESPONSIBLE OFFEROR.
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(3) THE COMMISSION MAY NOT PROVIDE OR AWARD A STIPEND TO
AN UNSUCCESSFUL RESPONSIBLE SHORTLISTED OFFEROR MORE THAN ONE
TIME. THIS PARAGRAPH SHALL NOT APPLY TO AN ATC.
(P) DUE DATES FOR TECHNICAL PROPOSAL AND PRICE PROPOSAL.--
(1) THE COMMISSION MAY DETERMINE THAT A TECHNICAL
PROPOSAL IS DUE ON A DATE PRIOR TO THE DUE DATE FOR A PRICE
PROPOSAL. ALL DUE DATES SHALL BE CLEARLY STATED BY THE
COMMISSION IN THE REQUEST FOR PROPOSALS.
(2) IF THE COMMISSION SEEKS SUBMISSION OF A TECHNICAL
PROPOSAL PRIOR TO SUBMISSION OF THE PRICE PROPOSAL, A
NONVOTING MEMBER FROM THE COMMISSION MAY SEEK WRITTEN
CLARIFICATION FROM AN OFFEROR BETWEEN THE TECHNICAL PROPOSAL
DUE DATE AND PRICE PROPOSAL DUE DATE, WHICH INCLUDES ASKING
QUESTIONS OR SEEKING CLARIFICATION REGARDING A TECHNICAL
PROPOSAL.
(3) AFTER THE TECHNICAL PROPOSAL AND PRICE PROPOSAL DUE
DATES, THE COMMISSION MAY SEEK CLARIFICATION WITH RESPONSIBLE
OFFERORS. RESPONSIBLE OFFERORS SHALL BE ACCORDED FAIR AND
EQUAL TREATMENT WITH RESPECT TO ANY OPPORTUNITY TO PROVIDE
CLARIFICATION. IN CONDUCTING A MEETING FOR THE PURPOSE OF
CLARIFICATION, THE COMMISSION MAY NOT DISCLOSE INFORMATION
DERIVED FROM PROPOSALS SUBMITTED BY COMPETING OFFERORS.
(Q) SELECTION FOR NEGOTIATION.--THE RESPONSIBLE OFFEROR
WHOSE PROPOSAL IS DETERMINED IN WRITING TO BE THE MOST
ADVANTAGEOUS TO THE COMMISSION SHALL BE SELECTED FOR CONTRACT
NEGOTIATIONS NECESSARY TO FINALIZE A CONTRACT OR TO CLARIFY ANY
REMAINING ISSUE REGARDING SCOPE, SCHEDULE OR ANY OTHER
INFORMATION PROVIDED BY THE SELECTED BEST VALUE OFFEROR WITHOUT
IMPACTING MATERIAL PRICE AND EVALUATION FACTORS.
(R) INCORPORATION OF AN UNSUCCESSFUL OFFEROR'S ATC.--UPON AN
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EXECUTED AGREEMENT FOR PAYMENT TO AN UNSUCCESSFUL OFFEROR IN
ACCORDANCE WITH SUBSECTION (N) OR (O), THE COMMISSION MAY
UTILIZE AN UNSUCCESSFUL OFFEROR'S ATC. IF THE COMMISSION CHOOSES
TO INCORPORATE THE ATC INTO THE CONTRACT EXECUTED AS A RESULT OF
THE SUBJECT PROCUREMENT, THE COMMISSION AND CONTRACTOR SHALL
EXECUTE A CHANGE ORDER.
(S) PROPOSAL VALIDITY PERIOD.--THE REQUEST FOR PROPOSALS
SHALL STATE THE VALIDITY PERIOD FOR THE PROPOSAL, UNLESS
EXTENDED BY THE MUTUAL CONSENT OF THE COMMISSION AND OFFERORS.
(T) EVALUATION COMMITTEE.--
(1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
ARTICLE, AN EVALUATION COMMITTEE UNDER THIS ARTICLE SHALL
CONSIST OF AT LEAST FIVE EMPLOYEES AS DETERMINED BY THE
COMMISSION. AN INDIVIDUAL WHO HAS BEEN EMPLOYED BY AN OFFEROR
WITHIN THE PRECEDING FIVE YEARS MAY NOT PARTICIPATE IN THE
EVALUATION OF ANY PROPOSALS SUBMITTED BY THAT OFFEROR.
(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
PROHIBIT AN EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION TO
PARTICIPATE ON AN EVALUATION COMMITTEE FOR THE COMMISSION.
SECTION 1604-Q.3 . APPLICABILITY OF OTHER LAWS.
(A) CONSTRUCTION.--EXCEPT AS PROVIDED UNDER SUBSECTION (B),
LAWS RELATED TO THE DESIGN, CONSTRUCTION, OPERATION OR FINANCING
OF A PROJECT IN EFFECT ON THE DATE THE AGREEMENT IS FULLY
EXECUTED SHALL APPLY TO THE AGREEMENT BETWEEN THE COMMISSION AND
CONTRACTOR. THE PROVISIONS SHALL ALSO INCLUDE:
(1) THE ACT OF MAY 1, 1913 (P.L.155, NO.104), REFERRED
TO AS THE SEPARATIONS ACT.
(2) THE ACT OF AUGUST 15, 1961 (P.L.987, NO.442), KNOWN
AS THE PENNSYLVANIA PREVAILING WAGE ACT.
(B) APPLICATION.--ONLY THE FOLLOWING PROVISIONS OF 62
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PA.C.S. (RELATING TO PROCUREMENT) SHALL APPLY TO THIS ARTICLE:
(1) SECTION 102 (RELATING TO APPLICATION OF PART).
(2) SECTION 107 (RELATING TO RECIPROCAL LIMITATIONS).
(3) SECTION 301 (RELATING TO PROCUREMENT
RESPONSIBILITY).
(4) SECTION 521 (RELATING TO CANCELLATION OF INVITATIONS
FOR BIDS OR REQUESTS FOR PROPOSALS).
(5) SECTION 531 (RELATING TO DEBARMENT OR SUSPENSION).
(6) SECTION 541 (RELATING TO APPROVAL OF ACCOUNTING
SYSTEM).
(7) SECTION 542 (RELATING TO MULTITERM CONTRACTS).
(8) SECTION 551 (RELATING TO RIGHT TO INSPECT PLANT).
(9) SECTION 552 (RELATING TO RIGHT TO AUDIT RECORDS).
(10) SECTION 562 (RELATING TO ANTICOMPETITIVE
PRACTICES).
(11) SECTION 563 (RELATING TO RETENTION OF PROCUREMENT
RECORDS).
(12) SECTION 902 (RELATING TO BID OR PROPOSAL SECURITY).
(13) SECTION 903 (RELATING TO CONTRACT PERFORMANCE
SECURITY AND PAYMENT BONDS).
(14) SECTION 904 (RELATING TO COPIES OF BONDS).
(15) CHAPTER 17 (RELATING TO LEGAL AND CONTRACTUAL
REMEDIES).
(16) CHAPTER 23 (RELATING TO ETHICS IN PUBLIC
CONTRACTING).
(17) CHAPTER 35 (RELATING TO IRAN-FREE PROCUREMENT).
(18) CHAPTER 36 (RELATING TO PROHIBITED CONTRACTS).
(19) SECTION 3701 (RELATING TO CONTRACT PROVISIONS
PROHIBITING DISCRIMINATION).
(20) SECTION 3921 (RELATING TO RETAINAGE).
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(21) SECTION 3922 (RELATING TO PAYMENT OF RETAINAGE TO
SUBCONTRACTORS).
(22) SECTION 3931 (RELATING TO PERFORMANCE BY CONTRACTOR
OR SUBCONTRACTOR).
(23) SECTION 3932 (RELATING TO GOVERNMENT AGENCY'S
PROGRESS PAYMENT OBLIGATIONS).
(24) SECTION 3933 (RELATING TO CONTRACTORS' AND
SUBCONTRACTORS' PAYMENT OBLIGATIONS).
(25) SECTION 3934 (RELATING TO WITHHOLDING OF PAYMENT
FOR GOOD FAITH CLAIMS).
(26) SECTION 3935 (RELATING TO PENALTY AND ATTORNEY
FEES).
(27) SECTION 3936 (RELATING TO CONTRACTS INVOLVING
FEDERAL AID).
(28) SECTION 3937 (RELATING TO CERTAIN PROVISIONS
UNENFORCEABLE).
(29) SECTION 3938 (RELATING TO APPLICABILITY).
(30) SECTION 3939 (RELATING TO CLAIMS BY INNOCENT
PARTIES).
(31) SECTION 3941 (RELATING TO SUBSTANTIAL/FINAL PAYMENT
UNDER CONTRACT).
(32) SECTION 3942 (RELATING TO ARBITRATION).
(33) SECTION 4506 (RELATING TO LIABILITY FOR INCREASED
COSTS).
(34) SECTION 4507 (RELATING TO NONCOLLUSION AFFIDAVITS).
SECTION 1605-Q.3 . LIMITATION ON POWERS AND DUTIES AND EXISTING
CONTRACTS.
(A) RESTRICTION.--THE POWERS AND DUTIES OF THE COMMISSION
UNDER THIS ARTICLE MAY NOT BE EXERCISED BEGINNING FOUR YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
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(B) EXCEPTION.--NOTWITHSTANDING SUBSECTION (A), ALL FULLY
EXECUTED CONTRACTS PROCURED BY USE OF THIS ARTICLE SHALL REMAIN
IN FULL FORCE AND EFFECT, UNLESS TERMINATED IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT.
SECTION 1606-Q.3 PROJECT REPORTING.
(A) PROJECT INFORMATION.--THE COMMISSION SHALL INCLUDE
PROJECT INFORMATION RELATED TO DESIGN BUILD BEST VALUE ON THE
COMMISSION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) REPORT.--THE COMMISSION SHALL PREPARE A REPORT ON DESIGN
BUILD BEST VALUE. THE REPORT SHALL INCLUDE, AND IS NOT LIMITED
TO, THE DESCRIPTION OF ANY PROJECT APPROVED, INCLUDING THE
CONDITIONS FOR USE UNDER SECTION 1603-Q.3 , COST BENEFIT ANALYSIS
OF PURSUING THE PROJECT WITH DESIGN BUILD BEST VALUE INSTEAD OF
NORMAL PROCUREMENT METHODS, RECOMMENDATIONS TO IMPROVE THE ACT
AND DESCRIPTIONS OF HOW THE COMMISSION IS MANAGING DESIGN BUILD
BEST VALUE, INCLUDING ANY POLICY GUIDANCE. THE COMMISSION SHALL
COMPLETE THE REPORT FOLLOWING COMPLETION OF THE PROCUREMENT
USING DESIGN BUILD BEST VALUE AND PROVIDE A COPY 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 10. SECTION 1602-T(1)(I) OF THE ACT IS AMENDED TO
READ:
SECTION 1602-T. MEDICAL ASSISTANCE PAYMENTS FOR INSTITUTIONAL
CARE.
NOTWITHSTANDING SECTION 443.1(7)(IV) OF THE ACT OF JUNE 13,
1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE:
(1) PAYMENTS TO COUNTY AND NONPUBLIC NURSING FACILITIES
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM AS PROVIDERS OF
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NURSING FACILITY SERVICES SHALL BE DETERMINED IN ACCORDANCE
WITH THE METHODOLOGIES FOR ESTABLISHING PAYMENT RATES FOR
COUNTY AND NONPUBLIC NURSING FACILITIES SPECIFIED IN THE
DEPARTMENT OF HUMAN SERVICES'S REGULATIONS AND THE
COMMONWEALTH'S APPROVED TITLE XIX STATE PLAN FOR NURSING
FACILITY SERVICES IN EFFECT AFTER JUNE 30, 2007. THE
FOLLOWING SHALL APPLY:
(I) SUBJECT TO FEDERAL APPROVAL OF SUCH AMENDMENTS
AS MAY BE NECESSARY TO THE COMMONWEALTH'S APPROVED TITLE
XIX STATE PLAN, THE DEPARTMENT OF HUMAN SERVICES SHALL
APPLY A REVENUE ADJUSTMENT NEUTRALITY FACTOR TO COUNTY
AND NONPUBLIC NURSING FACILITY PAYMENT RATES SO THAT THE
ESTIMATED STATEWIDE DAY-WEIGHTED AVERAGE PAYMENT RATE IN
EFFECT FOR THAT FISCAL YEAR IS LIMITED TO THE AMOUNT
PERMITTED BY THE FUNDS APPROPRIATED BY THE GENERAL
APPROPRIATION ACT FOR THE FISCAL YEAR. THE DEPARTMENT OF
HUMAN SERVICES SHALL APPLY THE REVENUE ADJUSTMENT
NEUTRALITY FACTOR AS FOLLOWS:
(A) THE REVENUE ADJUSTMENT NEUTRALITY FACTOR
SHALL REMAIN IN EFFECT UNTIL THE SOONER OF JUNE 30,
[2026] 2028, OR THE DATE ON WHICH A NEW RATE-SETTING
METHODOLOGY FOR MEDICAL ASSISTANCE NURSING FACILITY
SERVICES WHICH REPLACES THE RATE-SETTING METHODOLOGY
CODIFIED IN 55 PA. CODE CHS. 1187 (RELATING TO
NURSING FACILITY SERVICES) AND 1189 (RELATING TO
COUNTY NURSING FACILITY SERVICES) TAKES EFFECT.
(B) BEGINNING ON JANUARY 1, 2027, THE DEPARTMENT
OF HUMAN SERVICES SHALL APPLY A REVENUE ADJUSTMENT
NEUTRALITY FACTOR OF NOT LESS THAN 0.86 TO NONPUBLIC
NURSING FACILITY RATES.
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* * *
SECTION 11. SECTION 1603-T(A) INTRODUCTORY PARAGRAPH, (2)(I)
AND (II) AND (3), (B)(2)(II)(C) AND (5) AND (C)(3)(II) OF THE
ACT, AMENDED NOVEMBER 12, 2025 (P.L.156, NO.45), ARE AMENDED TO
READ:
SECTION 1603-T. RESIDENT CARE AND RELATED COSTS.
(A) COUNTY AND NONPUBLIC NURSING FACILITY.--THE FOLLOWING
APPLIES TO A COUNTY AND NONPUBLIC NURSING FACILITY ENROLLED IN
THE MEDICAL ASSISTANCE PROGRAM, INCLUDING A NURSING FACILITY
AFFILIATED WITH A CONTINUING CARE RETIREMENT COMMUNITY:
* * *
(2) [EXCEPT AS PROVIDED UNDER PARAGRAPH (3), THE] THE
DEPARTMENT OF HUMAN SERVICES SHALL USE THE FOLLOWING
METHODOLOGY TO DETERMINE THE FACILITY'S COMPLIANCE WITH
PARAGRAPH (1):
(I) ADD THE FACILITY'S [UNALLOCATED TOTAL NET
OPERATING COSTS] ALLOWABLE NURSING FACILITY NET OPERATING
COSTS REPORTED [AS TOTAL EXPENSES] ON COLUMN G OF THE
FACILITY'S SCHEDULE C OF THE MA-11, PLUS THE [FOLLOWING
CAPITAL COSTS] RENT OF THE FACILITY REPORTED BY THE
FACILITY ON COLUMN G OF ITS SCHEDULE C, PLUS EXCESS
ADMINISTRATIVE COSTS AS REPORTED ON SCHEDULE G ON THE MA-
11 MULTIPLIED BY THE NURSING FACILITY ALLOCATION
PERCENTAGE ON COLUMN I OF THE ADMINISTRATIVE COST CENTER
OF THE FACILITY'S SCHEDULE C TO DETERMINE THE FACILITY'S
TOTAL COSTS.[:
(A) REAL ESTATE TAXES.
(B) NURSING FACILITY ASSESSMENT/HAI ASSESSMENT.
(C) DEPRECIATION.
(D) INTEREST ON CAPITAL INDEBTEDNESS.
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(E) RENT ON FACILITY.
(F) AMORTIZATION CAPITAL COSTS.]
(II) [ADD THE FACILITY'S UNALLOCATED TOTAL RESIDENT
CARE COSTS REPORTED AS TOTAL EXPENSES ON THE FACILITY'S
SCHEDULE C AND THE UNALLOCATED TOTAL OTHER RESIDENT
RELATED COSTS REPORTED AS TOTAL EXPENSES ON THE
FACILITY'S SCHEDULE C TO DETERMINE THE FACILITY'S TOTAL
RESIDENT COST OF CARE.] ADD THE FACILITY'S ALLOWABLE
NURSING FACILITY TOTAL RESIDENT CARE COSTS A S REPORTED ON
COLUMN G OF THE FACILITY'S SCHEDULE C AND THE ALLOWABLE
NURSING FACILITY'S TOTAL OTHER RESIDENT RELATED COSTS AS
REPORTED ON COLUMN G OF THE FACILITY'S SCHEDULE C.
* * *
[(3) WHEN A COUNTY OR NONPUBLIC NURSING FACILITY IS
AFFILIATED WITH A CONTINUING CARE RETIREMENT COMMUNITY, THE
FOLLOWING SHALL APPLY:
(I) THE FACILITY SHALL SUBMIT A SUPPLEMENTAL COST
REPORT FORM APPORTIONING THE CAPITAL COSTS RELATED TO THE
NURSING FACILITY, IN A FORM AND MANNER AS PRESCRIBED BY
THE DEPARTMENT OF HUMAN SERVICES.
(II) THE DEPARTMENT OF HUMAN SERVICES SHALL USE THE
FOLLOWING METHODOLOGY TO DETERMINE THE FACILITY'S
COMPLIANCE WITH PARAGRAPH (1):
(A) ADD THE FACILITY'S UNALLOCATED TOTAL NET
OPERATING COSTS REPORTED AS TOTAL EXPENSES ON THE
FACILITY'S SCHEDULE C OF THE MA-11, PLUS THE
FOLLOWING CAPITAL COSTS, REPORTED BY THE FACILITY ON
ITS SUPPLEMENTAL COST REPORT FORM UNDER SUBPARAGRAPH
(I), TO DETERMINE THE FACILITY'S TOTAL COSTS:
(I) REAL ESTATE TAXES.
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(II) NURSING FACILITY ASSESSMENT/HAI
ASSESSMENT.
(III) DEPRECIATION.
(IV) INTEREST ON CAPITAL INDEBTEDNESS.
(V) RENT ON FACILITY.
(VI) AMORTIZATION CAPITAL COSTS.
(B) ADD THE FACILITY'S UNALLOCATED TOTAL
RESIDENT CARE COSTS REPORTED AS TOTAL EXPENSES ON THE
FACILITY'S SCHEDULE C AND THE UNALLOCATED TOTAL OTHER
RESIDENT RELATED COSTS REPORTED AS TOTAL EXPENSES ON
THE FACILITY'S SCHEDULE C TO DETERMINE THE FACILITY'S
TOTAL RESIDENT COST OF CARE.
(C) DIVIDE THE FACILITY'S TOTAL RESIDENT COST OF
CARE UNDER CLAUSE (B) BY THE FACILITY'S TOTAL COSTS
UNDER CLAUSE (A) TO DETERMINE THE PERCENTAGE OF TOTAL
COSTS RELATED TO RESIDENT CARE AND OTHER RESIDENT-
RELATED COSTS.]
(B) PENALTY.--
* * *
(2) THE FORMULA FOR DETERMINING THE MAXIMUM PENALTY
AMOUNT IS AS FOLLOWS:
* * *
(II) DETERMINE THE PENALTY AMOUNT AS FOLLOWS:
* * *
(C) MULTIPLY THE PRODUCT UNDER CLAUSE (B) BY THE
COUNTY OR NONPUBLIC NURSING FACILITY'S FEE-FOR-
SERVICE PER DIEM PAYMENT RATE AS OF [JUNE 30, 2022.]
THE LAST DAY OF THE COST REPORTING PERIOD OF THE
FACILITY'S MA-11 USED FOR THE CALCULATIONS IN
SUBSECTION (A)(2).
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* * *
(5) PARAGRAPH (4) SHALL EXPIRE DECEMBER 31, [2026] 2031.
(C) NURSING FACILITY QUALITY IMPROVEMENT FUND.--
* * *
(3) MONEY IN THE FUND SHALL BE EXPENDED BY THE
DEPARTMENT OF HUMAN SERVICES FOR THE FOLLOWING PURPOSES:
* * *
(II) TO PROVIDE FUNDING FOR NURSING FACILITY QUALITY
IMPROVEMENT OR INNOVATION.
* * *
SECTION 12. SECTION 1604-T OF THE ACT IS AMENDED TO READ:
SECTION 1604-T. LIFE PROGRAM.
[(A) APPLICABILITY.--THIS SECTION SHALL APPLY
NOTWITHSTANDING SECTION 602 OF THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE.]
(A.1) INFORMATION MATERIALS.--INFORMATIONAL MATERIALS AND
[DEPARTMENT OF HUMAN SERVICES] DEPARTMENT CORRESPONDENCE USED BY
THE [DEPARTMENT OF HUMAN SERVICES] DEPARTMENT AND THE
INDEPENDENT ENROLLMENT BROKER TO EDUCATE OR NOTIFY AN ELIGIBLE
INDIVIDUAL ABOUT LONG-TERM CARE SERVICES AND SUPPORTS, INCLUDING
[AN] THE ELIGIBLE INDIVIDUAL'S RIGHTS, RESPONSIBILITIES AND
CHOICE OF MANAGED CARE ORGANIZATION TO COVER LONG-TERM CARE
SERVICES AND SUPPORTS, SHALL INCLUDE THE FOLLOWING:
(1) A DESCRIPTION OF THE LIFE PROGRAM[.], INCLUDING A
LIST OF FREQUENTLY ASKED QUESTIONS DEVELOPED WITH INPUT FROM
LIFE PROVIDERS TO PROVIDE CLARIFICATION ON SPECIFIC PROGRAM
BENEFITS AND REQUIREMENTS.
(2) A STATEMENT THAT [AN] THE ELIGIBLE INDIVIDUAL HAS
THE OPTION TO ENROLL IN THE LIFE PROGRAM OR A MANAGED CARE
ORGANIZATION UNDER THE COMMUNITY HEALTHCHOICES PROGRAM.
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(3) CONTACT INFORMATION FOR [LIFE PROVIDERS.] THE
ASSIGNED LIFE PROVIDER FOR THE ELIGIBLE INDIVIDUAL'S
RESIDENCE.
(4) A COMPARISON OF THE SERVICES PROVIDED BY THE
COMMUNITY HEALTHCHOICES PROGRAM AND BY THE LIFE PROGRAM.
(5) AN ATTESTATION FORM TO BE SIGNED BY THE ELIGIBLE
INDIVIDUAL INDICATING THE ELIGIBLE INDIVIDUAL'S UNDERSTANDING
OF THE SERVICES OFFERED BY THE LIFE PROGRAM. THE DEPARTMENT
SHALL ENGAGE LIFE PROVIDERS IN DEVELOPING THE LANGUAGE AND
CONTENT OF THE ATTESTATION FORM UNDER THIS PARAGRAPH.
(B) TRAINING.--THE [DEPARTMENT OF HUMAN SERVICES] DEPARTMENT
SHALL CONTINUE TO PROVIDE TRAINING TO THE INDEPENDENT ENROLLMENT
BROKER ON THE LIFE PROGRAM THROUGH THE INDEPENDENT ENROLLMENT
BROKER LIFE MODULE TO BETTER EDUCATE THE INDEPENDENT ENROLLMENT
BROKER AND TO REQUIRE THAT THE LIFE PROGRAM IS OFFERED EQUALLY
TO ELIGIBLE INDIVIDUALS.
(C) REPORT.--AT THE END OF EACH QUARTER, THE [DEPARTMENT OF
HUMAN SERVICES] DEPARTMENT SHALL ISSUE A REPORT TO 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 THAT TRACKS BY COUNTY THE ENROLLMENT OF
ELIGIBLE INDIVIDUALS IN LONG-TERM CARE SERVICE PROGRAMS BY THE
INDEPENDENT ENROLLMENT BROKER, INCLUDING MANAGED CARE
ORGANIZATIONS AND LIFE PROGRAMS. THE REPORT SHALL ALSO INCLUDE
DOCUMENTATION OF COMPLIANCE WITH SUBSECTIONS (A) AND (B).
(D) 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:
"DEPARTMENT." THE DEPARTMENT OF HUMAN SERVICES OF THE
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COMMONWEALTH.
"ELIGIBLE INDIVIDUAL." AN INDIVIDUAL 55 YEARS OF AGE OR
OLDER WHO IS A RESIDENT OF THIS COMMONWEALTH, RESIDES IN AN AREA
SERVED BY A LIFE PROGRAM AND REQUIRES LONG-TERM SERVICES OR
SUPPORTS IN ORDER TO REMAIN LIVING IN THE COMMUNITY AND NOT IN A
NURSING FACILITY.
"INDEPENDENT ENROLLMENT BROKER." A CONTRACTED STATEWIDE
ENTITY THAT FACILITATES THE ELIGIBILITY AND ENROLLMENT PROCESS
FOR INDIVIDUALS SEEKING HOME- AND COMMUNITY-BASED SERVICES AND
WORKS WITH SERVICE COORDINATION PROVIDERS TO RESPOND TO
PARTICIPANTS' NEEDS.
"LIFE PROGRAM." A PROGRAM WHICH IS A MANAGED CARE PROGRAM
THAT PROVIDES ALL-INCLUSIVE CARE FOR ELDERLY INDIVIDUALS IN THIS
COMMONWEALTH AS ESTABLISHED IN ACCORDANCE WITH 42 CFR PT. 460
(RELATING TO PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY
(PACE)).
SECTION 13. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1607-T. TRANSITION TO CHIP-ENABLED ACCESS CARDS.
(A) REQUIREMENT.--TO THE EXTENT MONEY IS APPROPRIATED FOR
THIS PURPOSE, THE DEPARTMENT OF HUMAN SERVICES SHALL TRANSITION
ALL ACCESS CARDS FOR USE IN THE SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM TO INCLUDE CHIP-ENABLED TECHNOLOGY NO LATER
THAN JANUARY 1, 2028.
(B) FISCAL RESPONSIBILITY.--THE DEPARTMENT OF HUMAN SERVICES
SHALL IMPLEMENT THE TRANSITION UNDER SUBSECTION (A) IN A MANNER
THAT BALANCES EFFICIENCY AND COST-EFFECTIVENESS AND PROVIDES
ENHANCED SECURITY FEATURES SUCH AS TAP-TO-PAY TECHNOLOGY OR
OTHER TECHNOLOGY TO PREVENT BENEFIT THEFT.
(C) COST.--THE DEPARTMENT SHALL PROVIDE ONE CHIP-ENABLED
ACCESS CARD PER ELIGIBLE RECIPIENT AT NO COST TO THE RECIPIENT.
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(D) DUTY OF DEPARTMENT.--THE DEPARTMENT OF HUMAN SERVICES
SHALL:
(1) WITHIN 90 DAYS OF CHIP-ENABLED ACCESS CARDS BEING
MADE AVAILABLE IN EVERY COUNTY, ISSUE A FINAL REPORT
EVALUATING THE TRANSITION TO CHIP-ENABLED ACCESS CARDS UNDER
THIS SECTION TO:
(I) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
HUMAN SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) PERFORM OUTREACH TO VENDORS ON THE TRANSITION UNDER
SUBSECTION (A), INCLUDING SYSTEM UPGRADES THAT A VENDOR MAY
NEED TO IMPLEMENT.
(3) PERFORM OUTREACH TO RECIPIENTS ON THE TRANSITION,
INCLUDING POSTING ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE, IN A SHAREABLE FORMAT, RESOURCES AND
FREQUENTLY ASKED QUESTIONS REGARDING THE USE OF ACCESS CARDS
WITH CHIP-ENABLED TECHNOLOGY.
(4) ESTABLISH A PROCEDURE TO DISTRIBUTE ACCESS CARDS TO
ELIGIBLE RECIPIENTS IN EMERGENCY SITUATIONS.
(5) TAKE NECESSARY STEPS, WHERE POSSIBLE, TO MAXIMIZE
FUNDING WITH FEDERAL OR OTHER FUNDING SOURCES BY OCTOBER 1,
2026.
(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE DEPARTMENT OF HUMAN SERVICES' AUTHORITY
TO IMPLEMENT FUTURE CHANGES TO ACCESS CARDS TO ENHANCE BENEFIT
SECURITY.
SECTION 1608-T. MEDICAL ASSISTANCE REENTRY PROGRAM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND SUBJECT TO
FEDERAL APPROVAL AND CONTINGENT ON FUNDING BEING APPROPRIATED
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FOR THIS PURPOSE, BEGINNING JULY 1, 2026, THE DEPARTMENT OF
HUMAN SERVICES IS AUTHORIZED TO ESTABLISH A REENTRY PROGRAM
UNDER THE MEDICAL ASSISTANCE PROGRAM FOR RECIPIENTS WHO ARE
INCARCERATED IN A PARTICIPATING CORRECTIONAL INSTITUTION. THE
REENTRY PROGRAM SHALL, AT A MINIMUM, PROVIDE ELIGIBLE RECIPIENTS
ACCESS TO SUBSTANCE USE DISORDER TREATMENT AND CASE MANAGEMENT
SERVICES PRIOR TO RELEASE FROM A PARTICIPATING CORRECTIONAL
INSTITUTION.
SECTION 1609-T. CHILDREN'S TRUST FUND.
(A) TRAINING.--ORGANIZATIONS PROVIDING TRAINING, TECHNICAL
ASSISTANCE AND OTHER SUPPORT TO COURT-APPOINTED SPECIAL
ADVOCATES SHALL BE ELIGIBLE TO APPLY FOR GRANTS AWARDED BY THE
CHILDREN'S TRUST FUND. APPLICATIONS MEETING GRANT SOLICITATION
CRITERIA SHALL BE ACCEPTED FROM THE FOLLOWING:
(1) AN ORGANIZATION THAT SERVES ONE OR MORE COUNTIES.
(2) AN ORGANIZATION THAT OPERATES STATEWIDE TO ESTABLISH
NEW COUNTY-LEVEL PROGRAMS.
(B) APPLICABILITY.--THE FOLLOWING SHALL APPLY TO AN
ORGANIZATION APPLYING UNDER SUBSECTION (A)(2):
(1) THE APPLICATION MUST INCLUDE A LETTER OF SUPPORT
FROM THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE NEW
PROGRAM WILL BE LOCATED.
(2) THE ORGANIZATION MAY USE ANY FUNDS AVAILABLE TO MEET
MATCH REQUIREMENTS TO THE EXTENT PERMITTED BY LAW.
(3) AN ORGANIZATION UNDER THIS SUBSECTION MAY SUBMIT
MORE THAN ONE APPLICATION PER SOLICITATION PROVIDED THAT NO
APPLICATION IS WITH THE SAME COUNTY-LEVEL PARTNER.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
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"CHILDREN'S TRUST FUND." THE TRUST FUND ESTABLISHED UNDER
THE ACT OF DECEMBER 15, 1988 (P.L.1235, NO.151), KNOWN AS THE
CHILDREN'S TRUST FUND ACT.
"COURT-APPOINTED SPECIAL ADVOCATE" OR "CASA." AS DEFINED IN
42 PA.C.S. § 6302 (RELATING TO DEFINITIONS).
SECTION 1610-T. MEDICAL ASSISTANCE PHARMACY SERVICES.
(A) AUTHORIZATION.--A PHARMACY BENEFIT MANAGER OR PHARMACY
SERVICES ADMINISTRATION ORGANIZATION THAT HAS TERMINATED A
CONTRACT WITH OR DISENROLLED A PHARMACY FOR CAUSE SHALL
AUTHORIZE THE PHARMACY TO REAPPLY TO BE INCLUDED WITHIN THE
NETWORK WHERE:
(1) 12 MONTHS HAVE LAPSED FROM THE DATE OF TERMINATION
OR DISENROLLMENT; AND
(2) THE PHARMACY IS QUALIFIED TO PARTICIPATE AND IS
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM.
(B) CONSTRUCTION.--THIS SECTION SHALL NOT BE CONSTRUED TO
REQUIRE A PHARMACY BENEFIT MANAGER OR PHARMACY SERVICES
ADMINISTRATION ORGANIZATION TO CONTRACT WITH A PHARMACIST OR
PHARMACY IF THE PHARMACIST OR PHARMACY WAS DISENROLLED OR
TERMINATED FOR ANY OF THE FOLLOWING:
(1) A VIOLATION OF SECTION 1407 OF THE ACT OF JUNE 13,
1967 (P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE.
(2) A CRIMINAL VIOLATION OF THE ACT OF APRIL 14, 1972
(P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
DEVICE AND COSMETIC ACT.
(3) A CRIMINAL VIOLATION OF 21 U.S.C. § 841 (RELATING TO
PROHIBITED ACTS A).
(4) A VIOLATION OF A SIMILAR OFFENSE TO PARAGRAPH (1) OR
(2) IN ANOTHER JURISDICTION.
(C) WILLING PARTICIPANT.--A QUALIFIED PHARMACY UNDER
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SUBSECTION (A) THAT WAS NOT TERMINATED OR DISENROLLED SUBJECT TO
VIOLATIONS IN SUBSECTION (B) SHALL BE DEEMED A WILLING PROVIDER
AND THE MANAGED CARE ORGANIZATION, ITS PHARMACY BENEFIT MANAGER
OR PHARMACY SERVICES ADMINISTRATION ORGANIZATION SHALL CONTRACT
WITH THE QUALIFIED PHARMACY THAT IS WILLING TO COMPLY WITH
PAYMENT RATES AND ADHERE TO QUALITY STANDARDS IN ACCORDANCE WITH
SECTION 449 OF THE HUMAN SERVICES CODE.
(D) 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:
"MANAGED CARE ORGANIZATION." A LICENSED MANAGED CARE
ORGANIZATION WITH AN AGREEMENT WITH THE DEPARTMENT OF HUMAN
SERVICES TO PROVIDE OR ARRANGE SERVICES TO A MEDICAL ASSISTANCE
RECIPIENT.
"PHARMACY BENEFIT MANAGER." AS DEFINED IN SECTION 449 OF THE
HUMAN SERVICES CODE.
"PHARMACY SERVICES ADMINISTRATION ORGANIZATION." AS DEFINED
IN SECTION 449 OF THE HUMAN SERVICES CODE.
SECTION 13.1. ARTICLE XVI-X OF THE ACT IS AMENDED BY ADDING
SUBARTICLES TO READ:
SUBARTICLE D
ADDITIONAL ZONE FOR SHIPBUILDING
SECTION 1631-X. ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
FOR SHIPBUILDING.
(A) DESIGNATION.--IN ADDITION TO A DESIGNATION UNDER THIS
ARTICLE, ARTICLE XIX-D OF THE TAX REFORM CODE OF 1971 OR CHAPTER
3 OF THE KOZ ACT, THE DEPARTMENT MAY DESIGNATE ONE ADDITIONAL
KEYSTONE OPPORTUNITY EXPANSION ZONE IN A CITY AND COUNTY OF THE
FIRST CLASS.
(B) CRITERIA.--NOTWITHSTANDING ARTICLE XIX-D OF THE TAX
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REFORM CODE OF 1971 AND THE KOZ ACT, THE ADDITIONAL KEYSTONE
OPPORTUNITY EXPANSION ZONE UNDER SUBSECTION (A) SHALL SATISFY
ALL OF THE FOLLOWING CRITERIA:
(1) THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
MAY NOT EXCEED 350 ACRES IN THE AGGREGATE.
(2) EACH PARCEL COMPRISING THE ADDITIONAL KEYSTONE
OPPORTUNITY EXPANSION ZONE SHALL, ON A DATE DETERMINED BY THE
DEPARTMENT, SATISFY ANY OF THE FOLLOWING:
(I) BE DETERIORATED PROPERTY.
(II) BE UNDERUTILIZED.
(III) BE AN UNOCCUPIED PARCEL.
(3) EACH PARCEL SHALL HAVE BEEN FORMERLY USED AS A NAVAL
BASE OR FOR COMMERCIAL SHIPBUILDING AND RELATED ACTIVITIES.
(4) THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
MAY NOT INCLUDE A PARCEL DESIGNATED AS A KEYSTONE OPPORTUNITY
EXPANSION ZONE ON THE EFFECTIVE DATE OF THIS PARAGRAPH.
(C) AUTHORIZATION.--
(1) A QUALIFIED BUSINESS LOCATED WITHIN THE ADDITIONAL
KEYSTONE OPPORTUNITY EXPANSION ZONE AUTHORIZED UNDER
SUBSECTION (A) SHALL BE ENTITLED TO ALL TAX EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS UNDER CHAPTER 5 OF THE KOZ
ACT FOR A PERIOD OF 10 YEARS.
(2) THE EXEMPTION FOR SALES AND USE TAX UNDER SECTION
511(A) OF THE KOZ ACT SHALL COMMENCE UPON DESIGNATION OF THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE BY THE
DEPARTMENT AND SHALL CONTINUE FOR A PERIOD OF 10 YEARS.
(D) APPLICATION.--
(1) TO RECEIVE A DESIGNATION UNDER SUBSECTION (A), ONE
OR MORE BUSINESSES MUST SUBMIT AN APPLICATION TO THE
DEPARTMENT ON A FORM DEVELOPED BY THE DEPARTMENT. THE
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DEPARTMENT MUST RECEIVE THE APPLICATION NO LATER THAN OCTOBER
1, 2026.
(2) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF REVENUE, SHALL REVIEW THE APPLICATION. IF THE DEPARTMENT
APPROVES THE APPLICATION, THE DEPARTMENT SHALL ISSUE A
CERTIFICATION OF ALL TAX EXEMPTIONS, DEDUCTIONS, ABATEMENTS
OR CREDITS UNDER CHAPTER 5 OF THE KOZ ACT CONSISTENT WITH
SUBSECTION (C) WITHIN THREE MONTHS AFTER RECEIVING THE
APPLICATION.
(3) THE DEPARTMENT SHALL ACT ON AN APPLICATION FOR A
DESIGNATION UNDER SUBSECTION (A) NO LATER THAN JULY 31, 2027.
A DESIGNATION APPROVED UNDER SUBSECTION (A) SHALL TAKE EFFECT
AUGUST 1, 2027.
(E) ELIGIBILITY AND NONCOMPLIANCE.--
(1) UPON DESIGNATION OF THE ADDITIONAL KEYSTONE
OPPORTUNITY EXPANSION ZONE UNDER SUBSECTION (A), A QUALIFIED
BUSINESS SHALL BE ELIGIBLE FOR ALL TAX EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS UNDER CHAPTER 5 OF THE KOZ
ACT.
(2) IF THE DEPARTMENT DETERMINES THAT A QUALIFIED
BUSINESS HAS FAILED TO SATISFY THE REQUIREMENTS OF THE KOZ
AGREEMENT, THE FOLLOWING SHALL APPLY:
(I) THE QUALIFIED BUSINESS SHALL NO LONGER BE
ELIGIBLE TO RECEIVE A TAX EXEMPTION, DEDUCTION, ABATEMENT
OR CREDIT UNDER CHAPTER 5 OF THE KOZ ACT FOR BUSINESS
ACTIVITY CONDUCTED AT ONE OR MORE PARCELS IN THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE.
(II) THE DEPARTMENT MAY REQUIRE THE QUALIFIED
BUSINESS TO REFUND ALL OR PART OF A TAX EXEMPTION,
DEDUCTION, ABATEMENT OR CREDIT RECEIVED UNDER THIS
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SECTION FOR BUSINESS ACTIVITY CONDUCTED AT ONE OR MORE
PARCELS IN THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION
ZONE.
(F) APPLICABILITY.--
(1) A TAX EXEMPTION, DEDUCTION, ABATEMENT OR CREDIT
AUTHORIZED UNDER CHAPTER 7 OF THE KOZ ACT SHALL NOT APPLY TO
THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE DESIGNATED
UNDER SUBSECTION (A).
(2) THE DEPARTMENT MAY NOT REQUIRE A QUALIFIED POLITICAL
SUBDIVISION IN WHICH A PARCEL PROPOSED FOR INCLUSION IN THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE IS LOCATED TO
APPROVE AN APPLICATION SUBMITTED UNDER SUBSECTION (D).
(3) A TAX EXEMPTION, DEDUCTION, ABATEMENT OR CREDIT
AUTHORIZED UNDER CHAPTER 5 OF THE KOZ ACT APPLIES ONLY TO
BUSINESS ACTIVITY CONDUCTED WITHIN A PARCEL COMPRISING THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE.
(4) A DETERMINATION BY THE DEPARTMENT AS TO WHETHER A
QUALIFIED BUSINESS HAS SATISFIED THE REQUIREMENTS OF THE KOZ
AGREEMENT SHALL BIND THE DEPARTMENT OF REVENUE.
(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:
"DETERIORATED PROPERTY." AS DEFINED IN SECTION 103 OF THE
KOZ ACT.
"KOZ AGREEMENT." AN AGREEMENT AMONG A BUSINESS, THE
BUSINESS'S AFFILIATES AND THE DEPARTMENT, ON A FORM DEVELOPED BY
THE DEPARTMENT, UNDER WHICH THE BUSINESS AND THE BUSINESS'S
AFFILIATES COMMIT, IN THE AGGREGATE, TO SATISFY ALL OF THE
FOLLOWING REQUIREMENTS:
(1) CREATE AT LEAST 250 FULL-TIME JOBS AT ONE OR MORE
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PARCELS IN THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
WITHIN FIVE YEARS AFTER A DATE DETERMINED BY THE DEPARTMENT
AND MAINTAIN THOSE JOBS AT ONE OR MORE PARCELS IN THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE FOR AN
ADDITIONAL FIVE YEARS.
(2) MAKE A CAPITAL INVESTMENT OF AT LEAST $100,000,000
AT ONE OR MORE PARCELS IN THE ADDITIONAL KEYSTONE OPPORTUNITY
EXPANSION ZONE WITHIN FIVE YEARS AFTER A DATE DETERMINED BY
THE DEPARTMENT.
(3) CONDUCT SHIPBUILDING ACTIVITIES AT ONE OR MORE
PARCELS IN THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
FOR AT LEAST 10 YEARS BEGINNING ON A DATE DETERMINED BY THE
DEPARTMENT.
"QUALIFIED BUSINESS." A BUSINESS THAT MEETS ALL OF THE
FOLLOWING REQUIREMENTS:
(1) IS AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH.
(2) IS LOCATED OR PARTIALLY LOCATED WITHIN THE
ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE DESIGNATED
UNDER SUBSECTION (A).
(3) ENGAGES IN COMMERCIAL SHIPBUILDING ACTIVITIES WITHIN
THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE.
(4) MEETS THE REQUIREMENTS OF SECTION 307 OF THE KOZ ACT
FOR THE TAXABLE YEAR.
(5) HAS ENTERED INTO A KOZ AGREEMENT.
"QUALIFIED POLITICAL SUBDIVISION." AS DEFINED IN SECTION 103
OF THE KOZ ACT.
SUBARTICLE E
ADDITIONAL ZONES
SECTION 1641-X. ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
FOR CERTAIN COUNTIES OF THE SECOND CLASS A.
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(A) ESTABLISHMENT.--IN ADDITION TO ANY DESIGNATIONS UNDER
ARTICLES XVI-X, XVI-X.1 AND XIX-D OF THE TAX REFORM CODE OF 1971
OR THE KOZ ACT, THE DEPARTMENT MAY DESIGNATE ONE ADDITIONAL
KEYSTONE OPPORTUNITY EXPANSION ZONE THAT INCLUDES AN AREA IN A
TOWNSHIP OF THE SECOND CLASS THAT IS LOCATED IN A COUNTY OF THE
SECOND CLASS A AND HAS A POPULATION OF AT LEAST 60,000 BUT LESS
THAN 65,000 BASED ON THE 2020 FEDERAL DECENNIAL CENSUS.
(B) CRITERIA.--NOTWITHSTANDING ARTICLE XIX-D OF THE TAX
REFORM CODE OF 1971 AND THE KOZ ACT, THE ADDITIONAL KEYSTONE
OPPORTUNITY EXPANSION ZONE UNDER SUBSECTION (A):
(1) MAY NOT BE LESS THAN 15 ACRES IN SIZE.
(2) MAY NOT EXCEED, IN THE AGGREGATE, A TOTAL OF 25
ACRES.
(C) AUTHORIZATION.--
(1) BUSINESSES AND AFFILIATES OF THE BUSINESSES LOCATED
WITHIN THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
AUTHORIZED UNDER THIS SECTION SHALL BE ENTITLED TO ALL TAX
EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS UNDER CHAPTER 5
OF THE KOZ ACT FOR A PERIOD OF 10 YEARS.
(2) EXEMPTIONS FOR SALES AND USE TAXES UNDER SECTION
511(A) OF THE KOZ ACT SHALL COMMENCE UPON DESIGNATION OF THE
KEYSTONE OPPORTUNITY EXPANSION ZONE BY THE DEPARTMENT AND
SHALL CONTINUE FOR 10 YEARS.
(D) APPLICATION.--
(1) IN ORDER TO RECEIVE A DESIGNATION UNDER THIS
SECTION, THE DEPARTMENT MUST RECEIVE AN APPLICATION FROM AN
ECONOMIC DEVELOPMENT AUTHORITY, OR AN ECONOMIC DEVELOPMENT
AUTHORITY'S DESIGNEE, NO LATER THAN OCTOBER 1, 2027. THE
APPLICATION MUST CONTAIN THE INFORMATION REQUIRED UNDER
SECTION 302(A)(1), (2)(I) AND (IX) AND (5) OF THE KOZ ACT.
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(2) 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 CHAPTER 5 OF THE KOZ ACT
CONSISTENT WITH SUBSECTION (C) WITHIN THREE MONTHS OF RECEIPT
OF THE APPLICATION.
(3) THE DEPARTMENT SHALL ACT ON AN APPLICATION FOR A
DESIGNATION UNDER THIS SECTION NO LATER THAN DECEMBER 31,
2027.
(E) APPLICABILITY.--
(1) THE PROVISIONS OF SECTION 902 OF THE KOZ ACT SHALL
APPLY TO THE ADDITIONAL KEYSTONE OPPORTUNITY EXPANSION ZONE
APPROVED UNDER THIS SECTION.
(2) THE EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS
AUTHORIZED UNDER CHAPTER 7 OF THE KOZ ACT SHALL NOT APPLY TO
THIS SECTION.
(3) THE DEPARTMENT MAY NOT REQUIRE THAT THE POLITICAL
SUBDIVISION IN WHICH THE ADDITIONAL KEYSTONE OPPORTUNITY
EXPANSION ZONE UNDER THIS SECTION IS LOCATED APPROVE AN
APPLICATION SUBMITTED UNDER SUBSECTION (D).
SECTION 14. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XVI-X.2
RESIDENTIAL REVITALIZATION KEYSTONE OPPORTUNITY ZONES
SECTION 1601-X.2. 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:
"APPROVED RESIDENTIAL REVITALIZATION ZONES." A RESIDENTIAL
REVITALIZATION KEYSTONE OPPORTUNITY ZONE APPROVED BY THE
DEPARTMENT.
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"BLIGHTED RESIDENTIAL PROPERTY." A PROPERTY MEETING ONE OR
MORE OF THE CONDITIONS DECLARED UNDER SECTION 2 OF THE ACT OF
MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW.
"DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT OF THE COMMONWEALTH.
"INDUSTRIAL AND COMMERCIAL DEVELOPMENT AUTHORITY." AN
AUTHORITY ORGANIZED UNDER THE ACT OF AUGUST 23, 1967 (P.L.251,
NO.102), KNOWN AS THE ECONOMIC DEVELOPMENT FINANCING LAW, OR ANY
SUCCESSOR ENTITY DESIGNATED BY THE COUNTY TO ADMINISTER PROJECTS
UNDER THIS ARTICLE.
"KOZ ACT." 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.
"RESIDENTIAL REVITALIZATION KEYSTONE OPPORTUNITY ZONE." A
PROJECT THAT INCLUDES ONE OR MORE OF THE FOLLOWING:
(1) ACQUISITION OF BLIGHTED RESIDENTIAL PROPERTY.
(2) DEMOLITION OF BLIGHTED RESIDENTIAL PROPERTY
STRUCTURES.
(3) ENVIRONMENTAL REMEDIATION.
(4) SITE PREPARATION.
(5) PUBLIC OR PRIVATE INFRASTRUCTURE IMPROVEMENTS.
(6) REHABILITATION OR RECONSTRUCTION OF EXISTING
STRUCTURES.
(7) ADAPTIVE REUSE OF EXISTING STRUCTURES.
(8) NEW RESIDENTIAL CONSTRUCTION.
(9) MIXED-USE DEVELOPMENT CONTAINING A RESIDENTIAL
COMPONENT.
"TAX REFORM CODE OF 1971." THE ACT OF MARCH 4, 1971 (P.L.6,
NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
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SECTION 1602-X.2. RESIDENTIAL REVITALIZATION KEYSTONE
OPPORTUNITY ZONES.
(A) ESTABLISHMENT.--IN ADDITION TO ANY DESIGNATIONS UNDER
THIS ACT, ARTICLE XIX-D OF THE TAX REFORM CODE OF 1971 OR THE
KOZ ACT, THE DEPARTMENT SHALL DESIGNATE UP TO 300 ACRES IN THE
AGGREGATE FOR RESIDENTIAL REVITALIZATION KEYSTONE OPPORTUNITY
ZONES IN COUNTIES OF THE FOURTH CLASS HAVING A POPULATION OF AT
LEAST 130,000 BUT LESS THAN 135,000 BASED ON THE 2020 FEDERAL
DECENNIAL CENSUS. OF THE 300 ACRES, AT LEAST 50 ACRES MUST BE
WITHIN CITIES OF THE THIRD CLASS SITUATED IN A COUNTY OF THE
FOURTH CLASS.
(B) PROPOSED PROJECTS.--TO BE DESIGNATED AS AN APPROVED
RESIDENTIAL REVITALIZATION ZONE:
(1) PARCELS MAY BE LESS THAN 10 ACRES; AND
(2) APPLICATIONS MAY CONTAIN MORE THAN ONE PARCEL.
SECTION 1603-X.2. STATE TAX BENEFITS AUTHORIZATION.
AN APPROVED RESIDENTIAL REVITALIZATION ZONE SHALL BE UTILIZED
PRIMARILY FOR RESIDENTIAL REDEVELOPMENT PURPOSES AND THE
FOLLOWING APPLY:
(1) AN APPROVED RESIDENTIAL REVITALIZATION ZONE SHALL BE
ENTITLED TO ALL TAX EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR
CREDITS UNDER CHAPTER 5 OF THE KOZ ACT.
(2) EXEMPTIONS FOR SALES AND USE TAXES UNDER SECTION
511(A) OF THE KOZ ACT SHALL COMMENCE UPON DESIGNATION UNDER
SUBSECTION (A) AND SHALL CONTINUE FOR 10 YEARS.
(3) IN ACCORDANCE WITH SECTION 306 OF THE KOZ ACT, A
PERSON WHO IS A RESIDENT OF OR A BUSINESS OPERATING WITHIN A
PARCEL IN AN APPROVED RESIDENTIAL REVITALIZATION ZONE SHALL
RECEIVE THE EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS AS
PROVIDED UNDER CHAPTER 5 OF THE KOZ ACT FOR THE DURATION OF
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THE APPROVED RESIDENTIAL REVITALIZATION ZONE. EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS SHALL EXPIRE ON THE DATE OF
EXPIRATION OF THE APPROVED RESIDENTIAL REVITALIZATION ZONE.
(4) THE DEPARTMENT OF REVENUE SHALL ADMINISTER, CONSTRUE
AND ENFORCE THE PROVISIONS OF THIS SECTION IN CONJUNCTION
WITH ARTICLES II, III, IV, VI, VII, IX AND XV OF THE TAX
REFORM CODE OF 1971.
SECTION 1604-X.2. APPLICATIONS.
APPLICATIONS FOR AN APPROVED RESIDENTIAL REVITALIZATION ZONE
SHALL COMPLY WITH THE FOLLOWING:
(1) IN ORDER TO RECEIVE A DESIGNATION UNDER THIS
ARTICLE, THE DEPARTMENT MUST RECEIVE AN APPLICATION FROM AN
INDUSTRIAL AND COMMERCIAL DEVELOPMENT AUTHORITY OR A
MUNICIPALITY LOCATED IN A COUNTY DESCRIBED UNDER SECTION
1602-X.2(A) BETWEEN OCTOBER 1, 2026, AND NO LATER THAN
OCTOBER 1, 2029.
(2) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF REVENUE, SHALL REVIEW APPLICATIONS AND, IF APPROVED, ISSUE
A CERTIFICATE OF ALL TAX EXEMPTIONS, DEDICATIONS, ABATEMENTS
OR CREDITS UNDER CHAPTER 5 OF THE KOZ ACT, CONSISTENT WITH
SECTION 1603-X.2, WITHIN THREE MONTHS OF RECEIPT OF THE
APPLICATION.
(3) THE DEPARTMENT SHALL APPROVE OR DISAPPROVE ALL
APPLICATIONS FOR RESIDENTIAL REVITALIZATION KEYSTONE
OPPORTUNITY ZONES BEFORE DECEMBER 31, 2029.
SECTION 1605-X.2. APPLICABILITY.
THE FOLLOWING APPLY:
(1) EXEMPTIONS, DEDICATIONS, ABATEMENTS OR CREDITS UNDER
CHAPTER 7 OF THE KOZ ACT SHALL NOT APPLY TO THIS ARTICLE.
(2) THE DEPARTMENT MAY NOT REQUIRE THAT THE POLITICAL
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SUBDIVISION IN WHICH THE APPROVED RESIDENTIAL REVITALIZATION
ZONE IS LOCATED APPROVES AN APPLICATION SUBMITTED UNDER
SECTION 1604-X.2.
(3) SECTION 902 OF THE KOZ ACT SHALL APPLY TO APPROVED
RESIDENTIAL REVITALIZATION ZONES.
ARTICLE XVI-Z.2
VIOLENT INCIDENT CLEARANCE AND
TECHNOLOGICAL INVESTIGATIVE METHODS
SECTION 1601-Z.2. 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:
"CLEARED BY ARREST." REFERRING TO AN OFFENSE THAT A LAW
ENFORCEMENT AGENCY REPORTS IS SOLVED AND CLOSED FOR CRIME
REPORTING PURPOSES, WHEN AT LEAST ONE INDIVIDUAL HAS BEEN
ARRESTED, CHARGED WITH THE COMMISSION OF THE OFFENSE AND TURNED
OVER TO THE COURT FOR PROSECUTION, WHETHER FOLLOWING ARREST,
COURT SUMMONS OR POLICE NOTICE.
"CLEARED BY EXCEPTIONAL MEANS." REFERRING TO AN OFFENSE FOR
WHICH A LAW ENFORCEMENT AGENCY HAS:
(1) IDENTIFIED THE OFFENDER;
(2) GATHERED ENOUGH EVIDENCE TO SUPPORT AN ARREST, MAKE
A CHARGE AND TURN OVER THE OFFENDER TO THE COURT FOR
PROSECUTION;
(3) IDENTIFIED THE OFFENDER'S EXACT LOCATION SO THAT THE
OFFENDER COULD BE TAKEN INTO CUSTODY IMMEDIATELY; AND
(4) ENCOUNTERED A CIRCUMSTANCE OUTSIDE THE CONTROL OF
THE LAW ENFORCEMENT AGENCY THAT PROHIBITS THE LAW ENFORCEMENT
AGENCY FROM ARRESTING, CHARGING AND PROSECUTING THE OFFENDER.
"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
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DELINQUENCY.
"HOMICIDE." EITHER OF THE FOLLOWING:
(1) MURDER OF THE FIRST DEGREE AS DEFINED IN 18 PA.C.S.
§ 2502(A) (RELATING TO MURDER).
(2) MURDER OF THE SECOND DEGREE AS DEFINED IN 18 PA.C.S.
§ 2502(B).
"LAW ENFORCEMENT AGENCY." A PUBLIC AGENCY OF A POLITICAL
SUBDIVISION HAVING GENERAL POLICE POWERS AND CHARGED WITH
INVESTIGATING AND MAKING ARRESTS IN CONNECTION WITH VIOLENT
CRIMES.
"PROGRAM." THE VIOLENT INCIDENT CLEARANCE AND TECHNOLOGICAL
INVESTIGATIVE METHODS PROGRAM ESTABLISHED UNDER SECTION 1602-
Z.2(A).
"VIOLENT CRIME." A CRIME OF VIOLENCE AS DEFINED IN 42
PA.C.S. § 9714(G) (RELATING TO SENTENCES FOR SECOND AND
SUBSEQUENT OFFENSES).
SECTION 1602-Z.2. VIOLENT INCIDENT CLEARANCE AND TECHNOLOGICAL
INVESTIGATIVE METHODS PROGRAM.
(A) ESTABLISHMENT.--THE VIOLENT INCIDENT CLEARANCE AND
TECHNOLOGICAL INVESTIGATIVE METHODS PROGRAM IS ESTABLISHED IN
THE COMMISSION.
(B) PURPOSE.--THE PROGRAM SHALL PROVIDE GRANTS TO LAW
ENFORCEMENT AGENCIES SO THAT LAW ENFORCEMENT AGENCIES HAVE THE
NECESSARY TOOLS AND RESOURCES TO IMPROVE CLEARANCE RATES OF
HOMICIDES AND OTHER VIOLENT CRIMES.
(C) APPLICATIONS.--THE COMMISSION SHALL PRESCRIBE THE FORM
AND MANNER IN WHICH AN APPLICATION MAY BE SUBMITTED TO RECEIVE A
GRANT UNDER THE PROGRAM. THE COMMISSION SHALL ACCEPT
APPLICATIONS ON AN ANNUAL BASIS.
(D) USE OF GRANTS.--A LAW ENFORCEMENT AGENCY MAY USE A GRANT
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UNDER THE PROGRAM FOR ANY OF THE FOLLOWING:
(1) RETAINING AND TRAINING OF EXISTING PERSONNEL
RESPONSIBLE FOR INVESTIGATING HOMICIDES AND OTHER VIOLENT
CRIMES AND COSTS ASSOCIATED WITH THE RETENTION AND TRAINING.
(2) ACQUIRING, UPGRADING OR REPLACING TECHNOLOGY OR
EQUIPMENT RELATED TO EVIDENCE COLLECTION, EVIDENCE PROCESSING
AND FORENSIC TESTING RELATED TO HOMICIDES AND OTHER VIOLENT
CRIMES.
(3) RETAINING AND TRAINING OF EXISTING PERSONNEL
RESPONSIBLE FOR THE COLLECTION, PROCESSING AND FORENSIC
TESTING OF EVIDENCE RELATED TO HOMICIDES AND OTHER VIOLENT
CRIMES AND COSTS ASSOCIATED WITH THE RETENTION AND TRAINING.
(4) RETAINING AND TRAINING OF EXISTING PERSONNEL
ANALYZING HOMICIDES AND OTHER VIOLENT CRIMES, INCLUDING THE
TEMPORAL AND GEOGRAPHIC TRENDS AND COSTS ASSOCIATED WITH THE
RETENTION AND TRAINING.
(5) UPGRADING RECORD MANAGEMENT SYSTEMS TO ACHIEVE
COMPLIANCE WITH THE REPORTING REQUIREMENTS SPECIFIED IN THIS
ARTICLE.
(6) SUPPORTING WITNESSES TO HELP IN THE INVESTIGATIONS
OF HOMICIDES AND OTHER VIOLENT CRIMES.
(7) ENSURING COMPLIANCE WITH THE REPORTING REQUIREMENTS
OF THIS ARTICLE.
(E) SUPPLEMENTAL NATURE OF GRANTS.--GRANTS ALLOCATED THROUGH
THE PROGRAM SHALL BE USED TO SUPPLEMENT AND NOT SUPPLANT
EXISTING FUNDING FOR LAW ENFORCEMENT AGENCIES.
(F) SUBSEQUENT APPLICATIONS.--NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT A LAW ENFORCEMENT AGENCY FROM MAKING AN
APPLICATION TO RECEIVE A GRANT UNDER THE PROGRAM IN A SUBSEQUENT
YEAR FOR THE SAME PURPOSE AND AMOUNT AS IN THE PRIOR YEAR.
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(G) GEOGRAPHIC DIVERSITY.--
(1) THE COMMISSION SHALL ENSURE THAT GRANTS AWARDED
UNDER THE PROGRAM ARE GEOGRAPHICALLY DISPERSED THROUGHOUT
THIS COMMONWEALTH.
(2) THE COMMISSION SHALL RESERVE NOT LESS THAN 10% OF
AVAILABLE GRANTS UNDER THE PROGRAM FOR LAW ENFORCEMENT
AGENCIES SERVING RURAL COMMUNITIES.
(H) MULTIJURISDICTIONAL APPLICATIONS.--TWO OR MORE OTHERWISE
ELIGIBLE LAW ENFORCEMENT AGENCIES REPRESENTING DIFFERENT
JURISDICTIONS WITHIN THIS COMMONWEALTH MAY SUBMIT A JOINT
APPLICATION FOR A GRANT UNDER THIS PROGRAM.
SECTION 1603-Z.2. REPORTING.
EACH GRANT RECIPIENT UNDER THE PROGRAM SHALL SUBMIT A REPORT
TO THE COMMISSION IN THE FORM AND MANNER DETERMINED BY THE
COMMISSION. AT A MINIMUM, EACH REPORT SHALL CONTAIN THE
FOLLOWING:
(1) THE NUMBER OF CRIMINAL INCIDENTS INVOLVING ONE OR
MORE HOMICIDES OR VIOLENT OFFENSES AS FOLLOWS:
(I) THE NUMBER OF HOMICIDES OR VIOLENT OFFENSES PER
CRIMINAL INCIDENT.
(II) THE NUMBER OF OFFENSES INVOLVED IN EACH
CRIMINAL INCIDENT THAT WERE CLEARED BY ARREST.
(III) THE NUMBER OF OFFENSES INVOLVED IN EACH
CRIMINAL INCIDENT THAT WERE CLEARED BY EXCEPTIONAL MEANS.
(2) FOR EACH OFFENSE IN PARAGRAPH (1), THE DATE THE
OFFENSE WAS COMMITTED AND THE DATE THE OFFENSE WAS CLEARED.
(3) THE NUMBER OF PERSONNEL, INCLUDING SWORN LAW
ENFORCEMENT OFFICERS AND NONSWORN CIVILIAN STAFF, HIRED OR
ASSIGNED TO INVESTIGATE HOMICIDES AND OTHER VIOLENT CRIMES.
(4) THE NUMBER OF PERSONNEL HIRED OR ASSIGNED TO
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COLLECT, PROCESS AND TEST FORENSIC EVIDENCE.
(5) THE DESCRIPTION OF ANY TRAINING DEVELOPED OR
IMPLEMENTED.
(6) THE DESCRIPTION OF ANY TECHNOLOGY OR RECORD
MANAGEMENT SYSTEMS PURCHASED, ACQUIRED OR UPGRADED.
(7) THE PERCENTAGE OF THE GRANT AWARD UTILIZED FOR EACH
ELIGIBLE USE SPECIFIED IN THIS ARTICLE.
SECTION 1604-Z.2. EVALUATION.
(A) PURPOSE.--THE COMMISSION SHALL EVALUATE THE PROGRAM TO
HELP IDENTIFY:
(1) WHETHER THE OBJECTIVES OF THE PROGRAM HAVE BEEN MET;
AND
(2) THE PROGRAM'S IMPACT, STRENGTHS AND AREAS OF
POTENTIAL IMPROVEMENT.
(B) CONTENTS.--EACH EVALUATION OF THE PROGRAM SHALL INCLUDE
THE FOLLOWING:
(1) PERFORMANCE METRICS, WHICH MUST INCLUDE:
(I) THE FRACTION OF OFFENSES IN EACH CATEGORY THAT
WERE CLEARED BY ARREST AND CLEARED BY EXCEPTIONAL MEANS.
(II) THE AVERAGE DURATION BETWEEN THE DATE OF THE
OFFENSE AND THE DATE OF THE CLEARANCE FOR EACH OFFENSE
CATEGORY INCLUDED IN THE REPORTING UNDER THIS ARTICLE.
(III) THE PERCENTAGE OF THE AWARD UTILIZED FOR EACH
ELIGIBLE USE.
(2) PROGRAM ASSESSMENT, WHICH MUST INCLUDE AN ANALYSIS
OF:
(I) PRACTICES IMPLEMENTED BY GRANT RECIPIENTS UNDER
THE PROGRAM THAT THE COMMISSION DEEMS TO BE SUCCESSFUL IN
IMPROVING CLEARANCE RATES.
(II) AREAS FOR IMPROVEMENT THAT WOULD ENHANCE THE
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IMPACT OF THE PROGRAM SPECIFICALLY AND INCREASE CLEARANCE
RATES GENERALLY.
(C) SUBMITTAL.--NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
DATE OF THIS SUBSECTION AND BY MARCH 31 OF EACH YEAR THEREAFTER,
THE COMMISSION SHALL SUBMIT AN EVALUATION IN ACCORDANCE WITH
THIS SECTION TO:
(1) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE.
(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
JUDICIARY COMMITTEE OF THE SENATE.
(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(D) LIMITATION ON ADMINISTRATIVE EXPENSES.--THE COMMISSION
MAY NOT EXPEND MORE THAN 3% OF MONEY APPROPRIATED TO THE
COMMISSION FOR THE PROGRAM ON ADMINISTRATIVE EXPENSES.
SECTION 15. 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:
* * *
(XV) NO AMOUNT OF THE SURPLUS IN THE GENERAL FUND
FOR FISCAL YEAR 2025-2026 MAY BE DEPOSITED INTO THE
BUDGET STABILIZATION RESERVE FUND.
* * *
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SECTION 15.1. SECTION 1777-A(B) OF THE ACT, ADDED JULY 11,
2024 (P.L.550, NO.54), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 1777-A. PENNSYLVANIA CONVENTION CENTER.
* * *
(B) ITEMIZATION EXTENSION.--A BASE PROJECT ALLOCATION OF
$234,900,000 SHALL BE MADE IN ADDITION TO THE AMOUNTS AUTHORIZED
IN SECTION 3(51)(I)(A) OF ACT 53 OF 2007. THE FOLLOWING SHALL
APPLY:
(1) THE AMOUNT ALLOCATED UNDER THIS SUBSECTION TO THE
PROJECT MAY NOT EXCEED A CUMULATIVE AMOUNT OF $234,900,000.
THE PAYMENTS SHALL BE FOR REIMBURSEMENT TO THE COMMONWEALTH,
ANY OTHER BODY CORPORATE AND POLITIC CREATED BY LAW OR A CITY
OF THE FIRST CLASS TO THE EXTENT THAT THE COMMONWEALTH, ANY
OTHER BODY CORPORATE AND POLITIC CREATED BY LAW OR THE CITY
OF THE FIRST CLASS HAS MADE THEIR DEBT SERVICE PAYMENTS FOR
THE PENNSYLVANIA CONVENTION CENTER OR HAS MADE PAYMENTS FOR
THE CAPITAL, DEBT AND OPERATING EXPENSES, INCLUDING REQUIRED
RESERVES, OF THE PENNSYLVANIA CONVENTION CENTER APPROVED BY
THE SECRETARY OF THE BUDGET. ANY PAYMENTS MADE PURSUANT TO
THIS PARAGRAPH WHICH ARE REIMBURSEMENTS TO THE COMMONWEALTH
SHALL BE DEPOSITED INTO THE CAPITAL DEBT FUND FOR REPAYMENT
OF DEBT ISSUED. THE AMOUNT ALLOCATED UNDER THIS SUBSECTION TO
THE PROJECT SHALL BE AVAILABLE UNTIL DECEMBER 31, 2039.
(2) NOTWITHSTANDING ANY OTHER LAW, IN ANY YEAR, THE
AMOUNTS FOR THE PROJECT MAY BE EXPENDED ONLY IF:
(I) THE AMOUNTS ALLOCATED TO THE PROJECT, OTHER THAN
THE AMOUNTS UNDER PARAGRAPH (1), FROM THE PENNSYLVANIA
GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND PURSUANT TO
SECTION 3(51)(I)(A) OF ACT 53 OF 2007 HAVE BEEN EXPENDED
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FOR THE PROJECT TO THEIR FULLEST EXTENT ALLOWABLE IN THAT
YEAR; OR
(II) THE PURPOSE FOR WHICH THE AMOUNTS ARE BEING
UTILIZED FOR THE PROJECT IS A PURPOSE THAT IS NOT A
PERMISSIBLE PURPOSE UNDER SECTION 3(51)(I)(A) OF ACT 53
OF 2007 BUT IS A PERMISSIBLE PURPOSE UNDER PARAGRAPH (1).
(3) NOTHING UNDER THIS SUBSECTION IS INTENDED TO
SUPERSEDE OR MODIFY SECTIONS 3(51)(I)(A) AND 4(9) OF ACT 53
OF 2007.
(4) PAYMENTS AUTHORIZED UNDER THIS SUBSECTION MAY NOT
EXCEED $234,900,000.
[(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"OPERATING AGREEMENT" MEANS AN] (C) DEFINITIONS.--AS USED IN
THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE
MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT
CLEARLY INDICATES OTHERWISE:
"ACT 53 OF 2007." THE ACT OF JULY 25, 2007 (P.L.342, NO.53),
KNOWN AS PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007.
"OPERATING AGREEMENT." AN AGREEMENT BETWEEN THE
COMMONWEALTH, A CITY OF THE FIRST CLASS AND A CONVENTION CENTER
AUTHORITY ESTABLISHED UNDER 64 PA.C.S. CH. 60 (RELATING TO
PENNSYLVANIA CONVENTION CENTER AUTHORITY) AND EXECUTED PRIOR TO
THE EFFECTIVE DATE OF THIS SUBSECTION.
"PROJECT." THE PROJECT DESCRIBED IN SECTION 3(51)(I)(A) OF
ACT 53 OF 2007.
SECTION 15.2. THE ACT IS AMENDED BY ADDING A SECTION TO
READ:
SECTION 1702-A.1. VETERANS' TRUST FUND BOARD.
(A) ESTABLISHMENT OF BOARD.--THE VETERANS' TRUST FUND BOARD
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IS ESTABLISHED AS AN ADVISORY BOARD WITHIN THE DEPARTMENT. THE
FOLLOWING SHALL APPLY:
(1) THE PURPOSE OF THE BOARD IS TO INCREASE DONATIONS TO
THE FUND, PROVIDE FOR THE EFFECTIVE MANAGEMENT OF THE FUND
AND EFFECTUATE AN EQUITABLE AND BROAD DISTRIBUTION OF MONEY
IN THE FUND.
(2) THE BOARD SHALL HAVE THE FOLLOWING DUTIES:
(I) ADVISE THE DEPARTMENT ON THE PRIORITIES OF THE
VETERANS' TRUST FUND GRANTS.
(II) RE VIEW VETERANS' TRUST FUND GRANT APPLICATIONS.
(III) RAISE PUBLIC AWARENESS OF THE FUND TO
ENCOURAGE DONATIONS AND ORGANIZATION PARTICIPATION .
(IV) REVIEW FUND AUDITS AND REPORTS AND RECOMMEND
PERFORMANCE AUDIT METRICS IN CONSULTATION WITH THE
AUDITOR GENERAL TO BE UTILIZED AND IMPLEMENTED BY
ORGANIZATIONS RECEIVING VETERANS' TRUST FUND GRANTS.
(V) RECOMMEND LEGISLATIVE OR POLICY CHANGES
NECESSARY TO ENHANCE THE FUND AND THE DISTRIBUTION OF
MONEY FROM THE FUND .
(3) THE DUTIES OF THE BOARD UNDER PARAGRAPH (2) RELATING
TO GRANTS SHALL NOT APPLY TO FUNDS DISTRIBUTED UNDER 51
PA.C.S. CH. 85 (RELATING TO VETERANS' TEMPORARY ASSISTANCE).
(4) M EMBERS OF THE BOARD SHALL BE VETERANS, FAMILY
MEMBERS OF VETERANS OR INDIVIDUALS WHO HAVE EXPERIENCE IN
SERVING VETERANS. IN DETERMINING WHO TO APPOINT TO THE BOARD ,
CONSIDERATION SHALL BE GIVEN TO SUBJECT MATTER EXPERTS IN
VETERANS ISSUES REGARDING BEHAVIORAL HEALTH, MENTAL HEALTH,
POSTTRAUMATIC STRESS DISORDER INJURIES, PHYSICAL
DISABILITIES, EMPLOYMENT, HOUSING OR OTHER SOCIAL
DETERMINANTS OF HEALTH . THE BOARD SHALL CONSIST OF THE
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FOLLOWING:
(I) THE DEPUTY ADJUTANT GENERAL FOR VETERANS'
AFFAIRS OR A DESIGNEE, WHO SHALL SERVE EX OFFICIO.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF
THE SENATE, OR THEIR DESIGNEES, WHO SHALL SERVE EX
OFFICIO AND IN AN ADVISORY ROLE.
(III) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF
THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE
OF THE HOUSE OF REPRESENTATIVES, OR THEIR DESIGNEES, WHO
SHALL SERVE EX OFFICIO AND IN AN ADVISORY ROLE.
(IV) TWO MEMBERS OF THE COMMISSION RECOMMENDED BY
THE CHAIRPERSON OF THE COMMISSION AND APPOINTED BY THE
GOVERNOR.
(V) ONE MEMBER RECOMMENDED BY THE ADJUTANT GENERAL
FROM EACH OF THE PA VETCONNECT PROGRAM REGIONS OR ANY
SUCCESSOR REGIONS AND APPOINTED BY THE GOVERNOR.
(5) EXCEPT AS PROVIDED UNDER THIS PARAGRAPH, MEMBERS
APPOINTED BY THE GOVERNOR TO THE BOARD SHALL SERVE A TERM OF
FOUR YEARS AND UNTIL A SUCCESSOR HAS BEEN APPOINTED. THE
INITIAL MEMBERS APPOINTED BY THE GOVERNOR TO THE BOARD SHALL
SERVE TERMS AS FOLLOWS AS DETERMINED BY THE GOVERNOR:
(I) TWO MEMBERS SHALL SERVE A TERM OF ONE YEAR.
(II) TWO MEMBERS SHALL SERVE A TERM OF TWO YEARS.
(III) TWO MEMBERS SHALL SERVE A TERM OF THREE YEARS.
(IV) ONE MEMBER SHALL SERVE A TERM OF FOUR YEARS.
(6) UPON RECOMMENDATION FROM THE ADJUTANT GENERAL, THE
GOVERNOR MAY REMOVE A MEMBER APPOINTED BY THE GOVERNOR TO THE
BOARD IF THE MEMBER FAILS TO ATTEND THREE CONSECUTIVE
MEETINGS OF THE BOARD WITHOUT GOOD CAUSE. THE GOVERNOR SHALL
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FILL THE VACANCY CREATED UNDER THIS PARAGRAPH FOR THE
REMAINDER OF THE UNEXPIRED TERM.
(7) THE BOARD SHALL ANNUALLY ELECT A CHAIRPERSON AND
VICE CHAIRPERSON AT THE FIRST MEETING COMMENCING NO LATER
THAN MARCH 31, 2027 . THE DEPARTMENT SHALL DESIGNATE AN
EXECUTIVE SECRETARY TO THE BOARD .
(8) MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
NECESSARY AND PROPER EXPENSES INCURRED IN EXECUTING THEIR
DUTIES AS MEMBERS OF THE BOARD .
(9) THE BOARD SHALL MEET UPON THE CALL OF THE
CHAIRPERSON OR THE DEPUTY ADJUTANT GENERAL OF VETERANS'
AFFAIRS. FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM.
(10) EXCEPT FOR THE DEPUTY ADJUTANT GENERAL FOR
VETERANS' AFFAIRS, MEMBERS OF THE BOARD MAY NOT BE CURRENT
EMPLOYEES OF THE DEPARTMENT.
(B) AUDIT.--BY JULY 31, 2028, AND EVERY THREE YEARS
THEREAFTER, THE AUDITOR GENERAL SHALL SUBMIT A PERFORMANCE AUDIT
OF THE FUND TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
HOUSE OF REPRESENTATIVES. THE PERFORMANCE AUDIT SHALL BE
CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT
AUDITING STANDARDS AND EXAMINE THE IMPACTS ON VETERANS BY
ORGANIZATIONS FUNDED THROUGH THE FUND.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"BOARD." THE VETERANS' TRUST FUND BOARD ESTABLISHED UNDER
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SUBSECTION (A).
"DEPARTMENT." THE DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS OF THE COMMONWEALTH.
"FUND." THE VETERANS' TRUST FUND ESTABLISHED UNDER SECTION
1701-A.1.
SECTION 16. SECTIONS 1712-A.1(A)(2)(II) AND 1713-A.1(B)(1.8)
INTRODUCTORY PARAGRAPH AND (II)(B)(II)(D) AND (1.9) OF THE ACT,
AMENDED NOVEMBER 12, 2025 (P.L.156, NO.45), 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, 2022-2023, 2023-2024, 2024-2025 [AND], 2025-2026
AND 2026-2027, 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:
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* * *
(1.8) FOR FISCAL YEARS 2021-2022, 2022-2023, 2023-2024,
2024-2025 [AND], 2025-2026 AND 2026-2027, 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:
* * *
(II) TWELVE AND SIX-TENTHS PERCENT TO BE ALLOCATED
AS FOLLOWS:
* * *
(B) THIRTY PERCENT AS FOLLOWS:
* * *
(II) FROM THE AMOUNT REMAINING AFTER THE
AMOUNT UNDER SUBCLAUSE (I) HAS BEEN DETERMINED
AND NOTWITHSTANDING ANY PROVISIONS OF CHAPTER 9
OF THE TOBACCO SETTLEMENT ACT TO THE CONTRARY:
* * *
[(D) MONEY APPROPRIATED FOR AMYOTROPHIC
LATERAL SCLEROSIS SUPPORT SERVICES SHALL BE
DISTRIBUTED TO GRANTEES IN THE SAME
PROPORTION AS DISTRIBUTED IN FISCAL YEAR
2024-2025.]
* * *
(1.9) IN ADDITION TO THE GRANT PERIOD PROVIDED FOR IN
SECTION 904 OF THE TOBACCO SETTLEMENT ACT, IF REQUESTED BY
THE GRANT AWARDEE, THE DEPARTMENT [MAY] SHALL APPROVE A ONE
YEAR EXTENSION FOR [EACH PEDIATRIC CANCER] A RESEARCH GRANT
AWARDED [PRIOR TO FISCAL YEAR 2025-2026] UNDER CHAPTER 9 OF
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THE TOBACCO SETTLEMENT ACT.
* * *
SECTION 17. SECTION 1723-A.1(A)(3) OF THE ACT 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:
* * *
(3) THE FOLLOWING SHALL APPLY:
* * *
(XI) FOR FISCAL YEAR 2026-2027, THE DEPARTMENT SHALL
TRANSFER $16,305,000 FROM THE FUND TO THE STATE RACING
FUND UNDER SUBSECTION (B).
* * *
SECTION 18. SECTION 1742-A.2(A) OF THE ACT IS AMENDED BY
ADDING A PARAGRAPH TO READ:
SECTION 1742-A.2. DEPOSITS.
(A) DEPOSITS.--FROM THE CONTRIBUTIONS PAID UNDER SECTION
301.4 OF THE UNEMPLOYMENT COMPENSATION LAW, THE FOLLOWING
AMOUNTS SHALL BE DEPOSITED INTO THE FUND:
* * *
(4) FOR THE FISCAL YEAR BEGINNING JULY 1, 2026, THE
AMOUNT TO BE DEPOSITED INTO THE FUND UNDER THIS SUBSECTION
SHALL BE $115,600,000.
* * *
SECTION 19. ARTICLE XVII-A.2 OF THE ACT IS AMENDED BY ADDING
A SUBARTICLE TO READ:
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SUBARTICLE G
PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT
SECTION 1761-A.2. DEPARTMENT OF STATE.
(A) USE OF FUNDS IN THE PROFESSIONAL LICENSURE AUGMENTATION
ACCOUNT UNDER THE STATE BOARD OF MEDICINE.--
(1) MONEY APPROPRIATED FROM THE PROFESSIONAL LICENSURE
AUGMENTATION ACCOUNT TO THE STATE BOARD OF MEDICINE SHALL
INCLUDE SUFFICIENT MONEY TO ISSUE LICENSES AND CERTIFICATIONS
TO INDIVIDUALS WHO APPLY FOR AND MEET THE QUALIFICATIONS OF A
LICENSED NURSE-MIDWIFE OR CERTIFIED MIDWIFE UNDER THE ACT OF
DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
PRACTICE ACT OF 1985.
(2) MONEY APPROPRIATED FROM THE PROFESSIONAL LICENSURE
AUGMENTATION ACCOUNT TO THE STATE BOARD OF MEDICINE MAY NOT
BE USED TO ISSUE LICENSES OR CERTIFICATES TO INDIVIDUALS
UNDER THE FORMER ACT OF APRIL 4, 1929 (P.L.160, NO.155),
REFERRED TO AS THE MIDWIFE REGULATION LAW.
(B) (RESERVED).
SECTION 20. SECTION 1712-E(A)(8) AND (F)(2) OF THE ACT,
AMENDED OR ADDED NOVEMBER 12, 2025 (P.L.156, NO.45), ARE AMENDED
AND SUBSECTION (F) IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1712-E. EXECUTIVE OFFICES.
(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO
APPROPRIATIONS FOR THE EXECUTIVE OFFICES:
* * *
(8) ANY UNCOMMITTED MONEY AVAILABLE TO THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY UNDER SECTION 902(C)(4)
OF THE MEDICAL MARIJUANA ACT [THROUGH THE 2025-2026 FISCAL
YEAR SHALL] MAY BE TRANSFERRED TO THE CRIME VICTIM SERVICES
AND COMPENSATION FUND.
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(F) ENTERPRISE AND TECHNOLOGY RESTRICTED ACCOUNT.--
* * *
(1.2) FOR FISCAL YEAR 2026-2027, NO LATER THAN 60 DAYS
AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE SECRETARY OF
THE BUDGET SHALL TRANSFER $96,838,000 TO THE ACCOUNT FROM
MONEY APPROPRIATED TO AGENCIES UNDER THE GOVERNOR'S
JURISDICTION FOR OPERATING EXPENSES FOR FISCAL YEAR 2025-2026
AND PRIOR FISCAL YEARS, WHICH REMAINS UNEXPENDED,
UNENCUMBERED OR UNCOMMITTED. MONEY IN THE ACCOUNT IS
APPROPRIATED ON A CONTINUING BASIS AS FOLLOWS:
(I) $60,000,000 FOR THE ENTERPRISE SYSTEMS LIFECYCLE
PROJECT IN THE OFFICE OF THE BUDGET.
(II) $3,700,000 FOR THE COMMONWEALTH OFFICE OF
DIGITAL EXPERIENCE IN THE OFFICE OF ADMINISTRATION.
(III) $10,000,000 FOR ENHANCED ENTERPRISE
CYBERSECURITY PROJECTS IN THE OFFICE OF ADMINISTRATION.
(IV) $16,138,000 FOR THE SPACE OPTIMIZATION AND
UTILIZATION IMPROVEMENT PROJECT IN THE DEPARTMENT OF
GENERAL SERVICES .
(V) $7,000,000 FOR SNAP/EBT CHIP CARDS IN THE
DEPARTMENT OF HUMAN SERVICES.
(2) NO LATER THAN 10 DAYS BEFORE THE TRANSFER UNDER
PARAGRAPHS (1) [AND], (1.1) AND (1.2), THE SECRETARY OF THE
BUDGET SHALL PROVIDE A LIST OF APPROPRIATIONS AND THE AMOUNTS
TRANSFERRED 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.
SECTION 21. SECTION 1718-E(A)(4)(IV) OF THE ACT, ADDED JULY
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11, 2024 (P.L.550, NO.54), IS AMENDED, THE PARAGRAPH IS AMENDED
BY ADDING A SUBPARAGRAPH AND THE SECTION IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1718-E. DEPARTMENT OF AGRICULTURE.
(A) APPROPRIATIONS.--THE FOLLOWING SHALL APPLY TO
APPROPRIATIONS FOR THE DEPARTMENT OF AGRICULTURE:
* * *
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FROM
REMAINING MONEY ALLOCATED FOR HIGHLY PATHOGENIC AVIAN
INFLUENZA PRIOR TO FISCAL YEAR 2024-2025, THE FOLLOWING SHALL
APPLY:
* * *
(IV) [MONEY] EXCEPT AS PROVIDED UNDER SUBPARAGRAPH
(V), MONEY APPROPRIATED FOR THE PURPOSE OF MAKING HIGHLY
PATHOGENIC AVIAN INFLUENZA INDEMNITY PAYMENTS SHALL NOT
BE REALLOCATED UNDER THIS PARAGRAPH.
(V) IN THE 2026-2027 FISCAL YEAR, THE DEPARTMENT
SHALL ALLOCATE AMOUNTS FROM THE AVAILABLE MONEY FOR THE
ESTABLISHMENT AND OPERATION OF OUTREACH AND EDUCATION
PROGRAMS, INCLUDING TO LIVE BIRD MARKETS, TO ASSIST WITH
THE DEVELOPMENT AND IMPLEMENTATION OF BIOSECURITY PLANS,
EMERGENCY RESPONSE PLANNING AND BEST MANAGEMENT PRACTICES
TO PREPARE FOR AND MITIGATE HIGHLY PATHOGENIC AVIAN
INFLUENZA AS FOLLOWS:
(A) AN AMOUNT NOT TO EXCEED $2,000,000 TO
AGRICULTURAL CENTERS OF EXCELLENCE SUPPORTED BY THE
DEPARTMENT.
(B) AN AMOUNT NOT TO EXCEED $3,000,000 TO A
LAND-GRANT UNIVERSITY IN THIS COMMONWEALTH.
* * *
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(C) AGRICULTURE LENDING.--NOTWITHSTANDING 12 PA.C.S. §
2306(C)(1)(I) (RELATING TO CAPITAL DEVELOPMENT LOANS), A LOAN
APPROVED BY THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY
UNDER 12 PA.C.S. § 2306(C)(1)(I) FOR LAND, BUILDINGS AND
MACHINERY AND EQUIPMENT MAY NOT EXCEED THE LESSER OF $2,000,000
OR 50% OF THE TOTAL CAPITAL DEVELOPMENT PROJECT COSTS.
SECTION 22. SECTION 1721-E(B) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1721-E. DEPARTMENT OF CORRECTIONS.
* * *
(B) [(RESERVED).] APPROPRIATIONS TO THE PENNSYLVANIA PAROLE
BOARD.--THE FOLLOWING SHALL APPLY TO FUNDS APPROPRIATED FOR THE
PENNSYLVANIA PAROLE BOARD:
(1) MEMBERS OF THE BOARD WHO RECEIVE COMPENSATION FROM
THE FUNDS APPROPRIATED TO THE PENNSYLVANIA PAROLE BOARD SHALL
NOT HOLD ANY OTHER PUBLIC OFFICE.
(2) MEMBERS OF THE BOARD WHO RECEIVE COMPENSATION FROM
THE FUNDS APPROPRIATED TO THE PENNSYLVANIA PAROLE BOARD MAY
NOT ENGAGE IN ANY BUSINESS, PROFESSION OR EMPLOYMENT DURING
THEIR TERMS OF SERVICES AS A MEMBER UNLESS THE MEMBER
RECEIVES PRIOR APPROVAL FROM THE OFFICE OF GENERAL COUNSEL
THAT THE BUSINESS, PROFESSION OR EMPLOYMENT:
(I) IS NOT INCOMPATIBLE WITH THE MEMBER'S OFFICIAL
DUTIES.
(II) DOES NOT CREATE A CONFLICT OF INTEREST WITH THE
MEMBER'S OFFICIAL DUTIES.
(C) MEMBER VACANCIES.--
(1) NOTWITHSTANDING 61 PA.C.S. § 6111(B) (RELATING TO
PENNSYLVANIA PAROLE BOARD), A MEMBER OF THE BOARD WHOSE TERM
HAS EXPIRED MAY ONLY SERVE SIX MONTHS BEYOND THE EXPIRATION
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OF THE MEMBER'S APPOINTED TERM.
(2) NOTWITHSTANDING 61 PA.C.S. § 6111(C), THE GOVERNOR
SHALL NOMINATE A PERSON TO FILL A VACANCY ON THE PENNSYLVANIA
PAROLE BOARD NOT LATER THAN SIX MONTHS AFTER THE DATE THE
VACANCY FIRST OCCURRED.
SECTION 22.1. SECTION 1727-E OF THE ACT IS AMENDED BY ADDING
A SUBSECTION TO READ:
SECTION 1727-E. DEPARTMENT OF LABOR AND INDUSTRY.
* * *
(D) BUREAU OF OCCUPATIONAL AND INDUSTRIAL SAFETY.--
(1) FROM MONEY COLLECTED BY THE DEPARTMENT OF LABOR AND
INDUSTRY UNDER SECTION 613-A(A) OF THE ADMINISTRATIVE CODE OF
1929, THE FOLLOWING AMOUNTS SHALL AUGMENT APPROPRIATIONS MADE
TO THE BUREAU OF OCCUPATIONAL AND INDUSTRIAL SAFETY IN A
GENERAL APPROPRIATIONS ACT:
(I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2026, AND
EACH FISCAL YEAR THEREAFTER, $1,500,000.
(II) (RESERVED).
(2) THE AMOUNTS MADE AVAILABLE TO AUGMENT THE
APPROPRIATIONS FOR THE BUREAU OF OCCUPATIONAL AND INDUSTRIAL
SAFETY UNDER PARAGRAPH (1) SHALL BE IN ADDITION TO AMOUNTS
MADE AVAILABLE UNDER SECTION 2219 OF THE ADMINISTRATIVE CODE
OF 1929.
SECTION 22.2. SECTION 1732-E OF THE ACT IS AMENDED TO READ:
SECTION 1732-E. DEPARTMENT OF TRANSPORTATION [(RESERVED)].
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF TRANSPORTATION:
(1) FROM MONEY APPROPRIATED FOR TRAFFIC SIGNALS UNDER 75
PA.C.S. § 9511(E.1) (RELATING TO ALLOCATION OF PROCEEDS),
$5,000,000 SHALL BE USED BY THE DEPARTMENT TO PROVIDE GRANTS
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TO MUNICIPALITIES TO INSTALL AND MAINTAIN TRAFFIC SIGNAL
TECHNOLOGIES AT TRAFFIC CONTROL SIGNALS THAT WILL BE
CONNECTED TO A CENTRAL LOCATION USING THE COMMONWEALTH
COMMUNICATIONS NETWORK. MUNICIPALITIES SHALL NOT BE REQUIRED
TO PROVIDE MATCHING FUNDS AS A CONDITION OF RECEIVING A GRANT
UNDER THIS PARAGRAPH. THE FOLLOWING TRAFFIC SIGNAL
TECHNOLOGIES SHALL BE ELIGIBLE FOR A GRANT UNDER THIS
PARAGRAPH:
(I) A SYSTEM THAT SYNCHRONIZES AND TIMES TRAFFIC
SIGNALS.
(II) ADAPTIVE SIGNAL CONTROL TECHNOLOGY THAT
UTILIZES SENSORS TO MONITOR TRAFFIC FLOW, VEHICLE DELAY
AND QUEUES IN ORDER TO OPTIMIZE THE TIMING PLAN OF THE
TRAFFIC SIGNAL IN REAL TIME.
(III) CONTROLLER, DETECTION AND COMMUNICATION
TECHNOLOGY TO SUPPORT TRAFFIC SIGNAL TIMING AND
SYNCHRONIZATION UPDATES USING AUTOMATED TRAFFIC SIGNAL
PERFORMANCE MEASURES.
(IV) CONTROLLER AND COMMUNICATION TECHNOLOGY TO
SUPPORT UNIFIED COMMAND AND CONTROL.
(2) (RESERVED).
SECTION 23. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1735-E. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY:
(1) MONEY APPROPRIATED FOR STATE DISASTER ASSISTANCE
SHALL BE USED TO PROVIDE DISASTER RECOVERY ASSISTANCE FOR
EMERGENCIES AND DECLARED DISASTERS. AMOUNTS UNDER THIS
PARAGRAPH SHALL BE USED AS FOLLOWS:
(I) REGISTRATION AND DISASTER CASE MANAGEMENT FOR
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IMPACTED INDIVIDUALS, TEMPORARY HOUSING FOR INDIVIDUALS,
REPAIR OF RESIDENTIAL PROPERTY AND IMMEDIATE SERIOUS-
NEEDS ASSISTANCE AFTER AN EMERGENCY OR DECLARED DISASTER.
ONE-TIME SERIOUS-NEEDS PAYMENTS MAY BE MADE TO ELIGIBLE
HOUSEHOLDS PER DISASTER UPON A VERIFIED DAMAGE ASSESSMENT
AND IN COMPLIANCE WITH ELIGIBILITY RULES ISSUED BY THE
AGENCY. A HOUSEHOLD SHALL NOT BE ELIGIBLE UNDER THIS
SUBPARAGRAPH IF THE HOUSEHOLD RECEIVED COMPENSATION FROM
INSURANCE OR ANOTHER FUNDING SOURCE.
(II) ASSISTANCE TO COUNTY AND MUNICIPAL GOVERNMENTS
TO RESTORE PUBLIC INFRASTRUCTURE TO PREDISASTER
CONDITION, REMOVE DEBRIS AND TAKE EMERGENCY PROTECTIVE
MEASURES THAT ARE NOT COMPENSATED BY INSURANCE OR ANOTHER
FUNDING SOURCE IN COMPLIANCE WITH ELIGIBILITY RULES
ISSUED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
(III) ADMINISTRATIVE COSTS OF THE PENNSYLVANIA
EMERGENCY MANAGEMENT AGENCY DIRECTLY RELATED TO
ADMINISTERING THIS PARAGRAPH IN AN AMOUNT NOT MORE THAN
2% OF THE APPROPRIATION.
(2) THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL
DEVELOP GUIDELINES TO IMPLEMENT PARAGRAPH (1) AND SUBMIT THE
GUIDELINES TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA
BULLETIN.
(3) PARAGRAPH (1) SHALL APPLY TO ALL MONEY APPROPRIATED
PRIOR TO THE 2026-2027 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER.
(4) ASSISTANCE TO FIRE COMPANIES AND EMS COMPANIES SHALL
BE AS FOLLOWS:
(I) NOTWITHSTANDING 35 PA.C.S. § 7364(A)(1)
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(RELATING TO ASSISTANCE TO FIRE COMPANIES AND EMS
COMPANIES), THE AMOUNT OF A LOAN FOR ESTABLISHING OR
MODERNIZING FACILITIES MADE TO ANY ONE FIRE COMPANY OR
EMS COMPANY MAY NOT EXCEED 50% OF THE TOTAL COST OF
FACILITIES OR MODERNIZATION OR $750,000, WHICHEVER IS
LESS.
(II) NOTWITHSTANDING 35 PA.C.S. § 7364(A)(2), AND
SUBJECT TO PARAGRAPH (3), THE AMOUNT OF A LOAN MADE FOR
PURCHASING FIREFIGHTING APPARATUS TO ANY ONE FIRE COMPANY
MAY NOT EXCEED $375,000 FOR A SINGLE FIREFIGHTING
APPARATUS EQUIPMENT OR UTILITY OR SPECIAL SERVICE VEHICLE
OR HEAVY DUTY RESCUE VEHICLE AS DEFINED BY REGULATION OR
GUIDELINE OF THE OFFICE OF THE STATE FIRE COMMISSIONER OR
50% OF THE TOTAL COST OF THE EQUIPMENT OR VEHICLE,
WHICHEVER IS LESS.
(III) A LOAN FOR FIREFIGHTING AERIAL APPARATUS AS
DEFINED BY REGULATION OR GUIDELINE OF THE AGENCY MAY NOT
EXCEED $750,000.
(IV) THE AMOUNT OF A LOAN MADE TO ANY ONE FIRE
COMPANY OR EMS COMPANY FOR ANY AMBULANCE OR LIGHT DUTY
RESCUE VEHICLE AS DEFINED BY REGULATION OR GUIDELINE OF
THE AGENCY MAY NOT EXCEED $200,000 AND, FOR A WATERCRAFT
RESCUE VEHICLE, MAY NOT EXCEED $75,000 OR 50% OF THE COST
OF THE AMBULANCE OR RESCUE VEHICLE, WHICHEVER IS LESS.
(V) PROTECTIVE EQUIPMENT OBTAINED THROUGH LOANS
UNDER 35 PA.C.S. § 7364 MUST MEET STANDARDS ADOPTED BY
THE STATE FIRE COMMISSIONER TO ENSURE THAT THE PROTECTIVE
EQUIPMENT DOES NOT CONTAIN PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
(VI) NOTWITHSTANDING 35 PA.C.S. § 7364(A)(3), A
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NOTARIZED FINANCIAL STATEMENT MUST BE FILED AND A LOAN
UNDER THIS SUBCHAPTER FOR THE PURCHASE OF PROTECTIVE,
ACCESSORY OR COMMUNICATIVE EQUIPMENT MAY NOT EXCEED
$75,000.
(VII) NOTWITHSTANDING 35 PA.C.S. § 7364(A)(5), A
LOAN FOR REPAIR OR REHABILITATION OF A SINGLE APPARATUS
EQUIPMENT THAT NO LONGER MEETS THE STANDARDS OF THE
NATIONAL FIRE PROTECTION ASSOCIATION AND THE REPAIR OR
REHABILITATION OF WHICH WILL BRING THE EQUIPMENT INTO
COMPLIANCE WITH THE STANDARDS SHALL BE FOR AT LEAST
$3,000 AND MAY NOT EXCEED THE LESSER OF $150,000 OR 80%
OF THE TOTAL COST OF REPAIR OR REHABILITATION.
(VIII) NOTWITHSTANDING 35 PA.C.S. § 7364(A)(6), A
LOAN FOR THE PURCHASE OF USED SINGLE FIREFIGHTING
APPARATUS OR EQUIPMENT, USED AMBULANCES, USED RESCUE
VEHICLE, USED COMMUNICATIONS EQUIPMENT, USED ACCESSORY
EQUIPMENT OR USED PROTECTIVE EQUIPMENT, EXCEPT FOR A USED
VEHICLE AND EQUIPMENT, THAT MEETS THE STANDARDS OF THE
NATIONAL FIRE PROTECTION ASSOCIATION MAY NOT EXCEED
$300,000 OR 80% OF THE TOTAL COST OF THE EQUIPMENT,
WHICHEVER IS LESS.
(IX) NOTWITHSTANDING 35 PA.C.S. § 7364(B), A LOAN
MADE BY THE OFFICE OF THE STATE FIRE COMMISSIONER IN:
(A) THE AMOUNT OF $50,000 OR LESS SHALL BE FOR A
PERIOD OF NOT MORE THAN 10 YEARS;
(B) THE AMOUNT OF $50,000 BUT NOT IN EXCESS OF
$300,000 SHALL BE FOR A PERIOD OF NOT MORE THAN 20
YEARS; AND
(C) EXCESS OF $300,000 MAY NOT EXCEED 30 YEARS.
(X) BEGINNING JANUARY 1, 2028, AND CONTINUING EACH
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JANUARY 1 THEREAFTER, ALL LOAN LIMITS SPECIFIED UNDER
THIS PARAGRAPH SHALL INCREASE AT THE RATE OF INFLATION AS
OUTLINED IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE PHILADELPHIA-CAMDEN-WILMINGTON, PA-NJ-
DE-MD AREA FOR THE MOST RECENT 12-MONTH PERIOD FOR WHICH
THE FIGURES HAVE BEEN REPORTED BY THE UNITED STATES
DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS. IF THE
RATE OF INFLATION DOES NOT INCREASE, ALL LOAN LIMITS
SHALL REMAIN THE SAME AS FOR THE PREVIOUS YEAR. THE
OFFICE OF THE STATE FIRE COMMISSIONER SHALL TRANSMIT
NOTICE OF LOAN LIMIT INCREASES TO THE LEGISLATIVE
REFERENCE BUREAU FOR PUBLICATION IN THE NEXT AVAILABLE
ISSUE OF THE PENNSYLVANIA BULLETIN.
SECTION 24. SECTION 1753.2-E(B.1) OF THE ACT, AMENDED
NOVEMBER 12, 2025 (P.L.156, NO.45), IS AMENDED AND SUBSECTION
(H) IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1753.2-E. COMMONWEALTH FINANCING AUTHORITY.
* * *
(B.1) SOLAR FOR SCHOOLS ELIGIBILITY.--
(1) BEGINNING IN FISCAL YEAR 2024-2025, A PROJECT
APPROVED BY THE DEPARTMENT UNDER THE SOLAR FOR SCHOOLS GRANT
PROGRAM SHALL BE AN ELIGIBLE PROJECT. THE BOARD SHALL APPROVE
FUNDING FROM FUNDS AVAILABLE FOR THE SOLAR FOR SCHOOLS GRANT
PROGRAM. THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
SHALL USE UP TO 3% OF THE MONEY AVAILABLE FOR THE SOLAR FOR
SCHOOLS GRANT PROGRAM TO PAY DIRECT ADMINISTRATIVE COSTS,
INCLUDING PROVIDING TECHNICAL ASSISTANCE TO ELIGIBLE
APPLICANTS.
(2) THE FOLLOWING SHALL APPLY:
(I) NOTWITHSTANDING SECTION 2 OF THE ACT OF JULY 17,
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2024 (P.L.813, NO.68), KNOWN AS THE SOLAR FOR SCHOOLS
ACT, THE TERM "ELIGIBLE PROJECT COSTS" SHALL INCLUDE
COSTS RELATED TO A POWER PURCHASE AGREEMENT AND TECHNICAL
ASSISTANCE PROVIDED BY THIRD-PARTY ENTITIES.
(II) NOTWITHSTANDING SECTION 2 OF THE SOLAR FOR
SCHOOLS ACT, THE TERM "SCHOOL FACILITY" SHALL INCLUDE
SUPPORT BUILDINGS, INCLUDING BUS GARAGES AND DISTRICT
OFFICES, OWNED BY AN ELIGIBLE APPLICANT.
(III) NOTWITHSTANDING SECTION 3(G) OF THE SOLAR FOR
SCHOOLS ACT, AN ELIGIBLE APPLICANT MAY RECEIVE A GRANT OF
UP TO 75% OF THE ELIGIBLE PROJECT COSTS FOR THE SOLAR
ENERGY PROJECT.
(IV) NOTWITHSTANDING SECTION 3(I)(1) OF THE SOLAR
FOR SCHOOLS ACT, AFTER AN APPLICATION PERIOD HAS BEEN
OPEN FOR SIX MONTHS, THE GEOGRAPHIC DISPERSAL REQUIREMENT
SHALL NOT APPLY AND THE DEPARTMENT MAY ALLOCATE FUNDS ON
A FIRST-COME, FIRST-SERVED BASIS TO ELIGIBLE APPLICANTS.
* * *
(H) FUNDING.--
* * *
(6) FROM MONEY TRANSFERRED TO THE AUTHORITY IN FISCAL
YEAR 2026-2027 FOR TRANSFER TO PUBLIC SCHOOL FACILITY
IMPROVEMENT GRANT PROGRAM - COMMONWEALTH FINANCING AUTHORITY:
(I) $100,000,000 SHALL BE USED IN ADDITION TO THE
MONEY APPROPRIATED IN FISCAL YEAR 2025-2026 TO MAKE
AWARDS FROM APPLICATIONS RECEIVED DURING THE 2025-2026
FISCAL YEAR. THE AUTHORITY SHALL PROVIDE A SUPPLEMENTAL
APPLICATION PERIOD OF AT LEAST 10 DAYS DURING WHICH A
SCHOOL ENTITY MAY SUBMIT ADDITIONAL APPLICATIONS; AND
(II) $25,000,000 SHALL BE USED TO FUND PROJECTS
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RECOMMENDED BY THE DEPARTMENT UNDER SUBSECTION (B.1).
* * *
SECTION 25. SECTION 1798.1-E(B)(1) AND (2) INTRODUCTORY
PARAGRAPH AND (G)(2) AND (3) OF THE ACT, AMENDED NOVEMBER 12,
2025 (P.L.156, NO.45), ARE AMENDED AND THE SUBSECTIONS ARE
AMENDED BY ADDING PARAGRAPHS TO READ:
SECTION 1798.1-E. FEDERAL AND COMMONWEALTH USE OF FOREST LAND.
* * *
(B) CHARGE.--EXCEPT AS PROVIDED UNDER SUBSECTION (G), THE
FOLLOWING SHALL APPLY:
(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) THREE DOLLARS 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 $1.80], WHICH
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) THREE DOLLARS PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL PROPERTY
IS LOCATED[. ONE DOLLAR AND TWENTY CENTS SHALL BE PAID BY
THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND
$1.80], WHICH SHALL BE PAID FROM MONEY AVAILABLE UNDER 4
PA.C.S. § 1403.
(III) THREE DOLLARS 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
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CONSERVATION AND NATURAL RESOURCES AND $1.80], WHICH
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:
* * *
(2.1) FOR LAND OWNED BY THE PENNSYLVANIA GAME
COMMISSION, REAL PROPERTY UNDER SUBSECTION (A) SHALL BE
SUBJECT TO AN ANNUAL CHARGE OF ALL OF THE FOLLOWING:
(I) THREE DOLLARS PER ACRE FOR THE BENEFIT OF EACH
COUNTY WHERE THE REAL PROPERTY IS LOCATED, WHICH SHALL BE
PAID FROM MONEY AVAILABLE IN THE GAME FUND UNDER 34
PA.C.S. § 521 (RELATING TO ESTABLISHMENT AND USE OF GAME
FUND).
(II) THREE DOLLARS PER ACRE FOR THE BENEFIT OF THE
SCHOOLS IN EACH SCHOOL DISTRICT WHERE THE REAL PROPERTY
IS LOCATED, WHICH SHALL BE PAID FROM MONEY AVAILABLE IN
THE GAME FUND UNDER 34 PA.C.S. § 521.
(III) THREE DOLLARS PER ACRE FOR THE BENEFIT OF THE
TOWNSHIP WHERE THE REAL PROPERTY IS LOCATED, WHICH SHALL
BE PAID FROM MONEY AVAILABLE IN THE GAME FUND UNDER 34
PA.C.S. § 521.
* * *
(G) ADJUSTMENTS BASED ON CONSUMER PRICE INDEX.--BEGINNING IN
FISCAL YEAR 2030-2031, AND EVERY FIVE YEARS THEREAFTER, THE
SECRETARY OF THE BUDGET SHALL INCREASE THE AMOUNTS OF THE
PAYMENTS UNDER SUBSECTION (B) BY THE PERCENTAGE INCREASE IN THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) FOR THE
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PENNSYLVANIA, NEW JERSEY, DELAWARE AND MARYLAND AREA BETWEEN
JULY 1 OF THE FISCAL YEAR IN WHICH THE AMOUNTS LAST WENT INTO
EFFECT AND JULY 1 OF THE FISCAL YEAR IN WHICH THE NEXT INCREASES
WILL TAKE EFFECT. THE INCREASES SHALL TAKE EFFECT ON JULY 1 OF
THE FIRST YEAR OF EACH FIVE-YEAR PERIOD. THE SECRETARY SHALL
DETERMINE THE PERCENTAGE INCREASE AND THE NEW AMOUNTS BASED ON
THE MOST RECENTLY REPORTED CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS (CPI-U) FOR THE PENNSYLVANIA, NEW JERSEY, DELAWARE AND
MARYLAND AREA BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU
OF LABOR STATISTICS AND SHALL TRANSMIT NOTICE OF THE PERCENTAGE
INCREASE AND NEW AMOUNTS TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA
BULLETIN NO LATER THAN AUGUST 31 OF EACH FISCAL YEAR IN WHICH
THE INCREASES TAKE EFFECT. WHEN DETERMINING THE INCREASES AND
AMOUNT, THE SECRETARY SHALL TAKE THE FOLLOWING INTO ACCOUNT:
* * *
(2) PAYMENT OF THE INCREASED AMOUNTS SHALL BE ALLOCATED
[EQUALLY BETWEEN THE FUNDING AVAILABLE TO THE AGENCY FOR THE
PAYMENTS UNDER SUBSECTION (B)(1) AND] FROM THE FUNDING
AVAILABLE UNDER 4 PA.C.S. § 1403 (RELATING TO ESTABLISHMENT
OF STATE GAMING FUND AND NET SLOT MACHINE REVENUE
DISTRIBUTION).
(3) PAYMENT OF THE INCREASED AMOUNTS SHALL BE ALLOCATED
BETWEEN THE FUNDING AVAILABLE TO THE [AGENCIES] PENNSYLVANIA
FISH AND BOAT COMMISSION UNDER SUBSECTION (B)(2) AND THE
FUNDING AVAILABLE UNDER 4 PA.C.S. § 1403 IN THE SAME
PROPORTIONS AS SPECIFIED IN SUBSECTION (B)(2).
(4) THE INCREASED AMOUNTS FOR THE PAYMENTS UNDER
SUBSECTION (B)(2.1) SHALL BE PAYABLE FROM MONEY AVAILABLE TO
THE PENNSYLVANIA GAME COMMISSION IN THE GAME FUND UNDER 34
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PA.C.S. § 521.
SECTION 26. SECTION 1798.3-E(D) OF THE ACT, AMENDED NOVEMBER
12, 2025 (P.L.156, NO.45), IS AMENDED TO READ:
SECTION 1798.3-E. MULTIMODAL TRANSPORTATION FUND.
* * *
(D) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,
[2026] 2027.
SECTION 27. SECTION 1798.5-E OF THE ACT, ADDED JULY 11, 2024
(P.L.550, NO.54), IS AMENDED TO READ:
SECTION 1798.5-E. SCHOOL SAFETY AND SECURITY FUND.
SECTION 1795.2-E SHALL NOT APPLY TO FISCAL YEARS 2024-2025
[AND], 2025-2026, 2026-2027, 2027-2028 AND 2028-2029.
SECTION 28. SECTION 1799-E OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 1799-E. STATE GAMING FUND.
* * *
(H) APPROPRIATION.--NOTWITHSTANDING 4 PA.C.S. § 1408, THE
GENERAL ASSEMBLY MAY APPROPRIATE IN A GENERAL APPROPRIATION ANY
UNEXPENDED, UNENCUMBERED OR UNCOMMITTED FUNDS IN THE STATE
GAMING FUND.
SECTION 29. SECTIONS 1799.7-E AND 1799.8-E OF THE ACT ARE
AMENDED TO READ:
SECTION 1799.7-E. STATE EMPLOYEES' RETIREMENT SYSTEM
[RESTRICTED ACCOUNT].
(A) AUTHORITY.--NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, THE STATE EMPLOYEES' RETIREMENT BOARD SHALL RECEIVE,
AS PART OF THE AMOUNTS TRANSFERRED TO THE BOARD, AN AMOUNT OF
$5,269,000 TO BE PLACED IN A RESTRICTED ACCOUNT FOR USE BY THE
BOARD.
(B) USE OF FUNDS.--THE FUNDS SHALL ONLY BE EXPENDED FOR THE
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PURPOSE OF PAYING THE ADMINISTRATIVE EXPENSES OF THE BOARD TO
ESTABLISH AND IMPLEMENT THE STATE EMPLOYEES' DEFINED
CONTRIBUTION PLAN ESTABLISHED UNDER 71 PA.C.S. CH. 58 (RELATING
TO STATE EMPLOYEES' DEFINED CONTRIBUTION PLAN).
(C) NATURE OF FUNDS.--NO FUNDS MAY BE TRANSFERRED UNDER
SUBSECTION (A) THAT ARE OTHERWISE REQUIRED TO BE TRANSFERRED TO
THE BOARD FOR ANY OTHER PURPOSE REQUIRED BY LAW.
(D) ANNUAL STRESS TEST OF SYSTEM.--NOTWITHSTANDING 71
PA.C.S. § 5909 (RELATING TO STRESS TEST OF SYSTEM):
(1) THE STATE EMPLOYEES' RETIREMENT BOARD SHALL, AS
REQUIRED UNDER 71 PA.C.S. § 5909(A), CONDUCT THE ANNUAL
STRESS TEST OF THE STATE EMPLOYEES' RETIREMENT SYSTEM AND
SUBMIT THE RESULTS OF THE STRESS TEST NO LATER THAN OCTOBER 1
OF EACH YEAR.
(2) THE INDEPENDENT FISCAL OFFICE SHALL PRODUCE THE
REPORT REQUIRED UNDER 71 PA.C.S. § 5909(B) NO LATER THAN
DECEMBER 1 OF EACH YEAR.
SECTION 1799.8-E. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
[RESTRICTED ACCOUNT].
(A) AUTHORITY.--FROM THE AMOUNTS APPROPRIATED BUT UNEXPENDED
FOR SCHOOL EMPLOYEES' RETIREMENT FOR FISCAL YEARS PRIOR TO
FISCAL YEAR 2017-2018, THE SUM OF $6,801,000 SHALL BE
TRANSFERRED TO THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
AND PLACED IN A RESTRICTED ACCOUNT FOR USE BY THE BOARD.
(B) USE OF FUNDS.--THE FUNDS TRANSFERRED UNDER SUBSECTION
(A) SHALL ONLY BE USED FOR THE PURPOSE OF PAYING THE
ADMINISTRATIVE EXPENSES OF THE BOARD TO ESTABLISH AND IMPLEMENT
THE PUBLIC SCHOOL EMPLOYEES' DEFINED CONTRIBUTION PLAN
ESTABLISHED UNDER 24 PA.C.S. CH. 84 (RELATING TO SCHOOL
EMPLOYEES' DEFINED CONTRIBUTION PLAN).
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(C) NATURE OF FUNDS.--NO FUNDS MAY BE TRANSFERRED UNDER
SUBSECTION (A) THAT ARE OTHERWISE REQUIRED TO BE TRANSFERRED TO
THE BOARD FOR ANY OTHER PURPOSE REQUIRED BY LAW.
(D) ANNUAL STRESS TEST OF SYSTEM.--NOTWITHSTANDING 24
PA.C.S. § 8510 (RELATING TO STRESS TEST OF SYSTEM):
(1) THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD SHALL,
AS REQUIRED UNDER 24 PA.C.S. § 8510(A), CONDUCT THE ANNUAL
STRESS TEST OF THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
AND SUBMIT THE RESULTS OF THE STRESS TEST NO LATER THAN APRIL
1 OF EACH YEAR.
(2) THE INDEPENDENT FISCAL OFFICE SHALL PRODUCE THE
REPORT REQUIRED UNDER 24 PA.C.S. § 8510(B) NO LATER THAN JUNE
1 OF EACH YEAR.
SECTION 29.1. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 1703-N. 2026 SPECIAL AD HOC MUNICIPAL POLICE AND
FIREFIGHTER POSTRETIREMENT ADJUSTMENT.
(A) ENTITLEMENT.--A MUNICIPAL RETIREMENT SYSTEM SHALL PAY A
RETIRED POLICE OFFICER OR FIREFIGHTER A SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT UNDER THIS SECTION IF ALL OF THE
FOLLOWING APPLY:
(1) THE RETIREE TERMINATED ACTIVE EMPLOYMENT WITH A
MUNICIPALITY AS A POLICE OFFICER OR FIREFIGHTER.
(2) THE RETIREE RECEIVES A RETIREMENT BENEFIT FROM A
MUNICIPAL RETIREMENT SYSTEM ON THE BASIS OF ACTIVE EMPLOYMENT
WITH THE MUNICIPALITY AS A POLICE OFFICER OR FIREFIGHTER.
(3) THE RETIREE BEGAN RECEIVING THE RETIREMENT BENEFIT
BEFORE JANUARY 1, 2021.
(4) THE RETIREE HAS NOT FILED A WRITTEN NOTICE WITH THE
MUNICIPAL RETIREMENT SYSTEM REQUESTING THAT THE ADDITIONAL
MONTHLY POSTRETIREMENT ADJUSTMENT NOT BE PAID.
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(B) AMOUNT.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPHS (2) AND (3), A
MUNICIPAL RETIREMENT SYSTEM SHALL PAY A RETIRED POLICE
OFFICER OR FIREFIGHTER A MONTHLY SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT UNDER SUBSECTION (A) IN ANY OF THE
FOLLOWING AMOUNTS:
(I) $75 PER MONTH IF, ON JANUARY 1, 2026, THE
RETIREE HAS BEEN RETIRED AT LEAST FIVE YEARS BUT LESS
THAN 10 YEARS.
(II) $150 PER MONTH IF, ON JANUARY 1, 2026, THE
RETIREE HAS BEEN RETIRED AT LEAST 10 YEARS BUT LESS THAN
20 YEARS.
(III) $300 PER MONTH IF, ON JANUARY 1, 2026, THE
RETIREE HAS BEEN RETIRED AT LEAST 20 YEARS.
(2) IF A RETIREE IS ENTITLED TO RECEIVE A SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT UNDER SUBSECTION (A) FROM MORE THAN
ONE MUNICIPAL RETIREMENT SYSTEM, EACH MUNICIPAL RETIREMENT
SYSTEM SHALL REDUCE THE AMOUNT OF THE SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT UNDER PARAGRAPH (1) SO THAT THE
AGGREGATE AMOUNT OF ALL SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENTS PAID TO THE RETIREE DOES NOT EXCEED THE AMOUNT
SPECIFIED UNDER PARAGRAPH (1).
(3) THE AMOUNT OF THE SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT UNDER PARAGRAPH (1) SHALL BE REDUCED EACH YEAR BY
65% OF THE TOTAL AMOUNT OF A POSTRETIREMENT ADJUSTMENT
PROVIDED TO THE RETIREE UNDER THE MUNICIPAL RETIREMENT SYSTEM
AFTER DECEMBER 31, 2001, AND BEFORE JANUARY 1, 2026, AND PAID
IN THE IMMEDIATELY PRECEDING YEAR.
(C) PAYMENT.--A MUNICIPAL RETIREMENT SYSTEM SHALL BEGIN
PAYING THE SPECIAL AD HOC POSTRETIREMENT ADJUSTMENT UNDER
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SUBSECTION (A) WITH THE FIRST RETIREMENT BENEFIT PAYMENT MADE ON
OR AFTER AUGUST 1, 2026. IF THE MUNICIPAL RETIREMENT SYSTEM DOES
NOT INCLUDE THE SPECIAL AD HOC POSTRETIREMENT ADJUSTMENT IN THE
FIRST RETIREMENT BENEFIT PAYMENT MADE ON OR AFTER AUGUST 1,
2026, THE MUNICIPAL RETIREMENT SYSTEM SHALL INCLUDE THE SPECIAL
AD HOC POSTRETIREMENT ADJUSTMENT AS SOON AS PRACTICABLE IN A
SUBSEQUENT RETIREMENT BENEFIT PAYMENT TO THE RETIREE. THE FIRST
RETIREMENT BENEFIT PAYMENT THAT INCLUDES THE SPECIAL AD HOC
POSTRETIREMENT ADJUSTMENT SHALL ALSO INCLUDE THE AGGREGATE
AMOUNT OF SPECIAL AD HOC POSTRETIREMENT ADJUSTMENTS OMITTED FROM
RETIREMENT BENEFIT PAYMENTS MADE ON OR AFTER AUGUST 1, 2026.
(D) MUNICIPAL CERTIFICATION.--TO RECEIVE REIMBURSEMENT UNDER
SUBSECTION (E), A MUNICIPALITY SHALL CERTIFY TO THE AUDITOR
GENERAL, BY APRIL 1 OF EACH YEAR IN WHICH REIMBURSEMENT WILL BE
MADE, THE MUNICIPALITY'S ANNUAL AMORTIZATION COST FOR THE PRIOR
YEAR ATTRIBUTABLE TO THE SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT REQUIRED UNDER SUBSECTION (A). THE MUNICIPALITY SHALL
MAKE THE CERTIFICATION IN THE FORM AND MANNER REQUIRED BY THE
AUDITOR GENERAL.
(E) REIMBURSEMENT.--FROM MONEY AVAILABLE IN THE ACCOUNT, THE
AUDITOR GENERAL SHALL REIMBURSE A MUNICIPALITY FOR THE ANNUAL
AMORTIZATION COST OF THE INCREASE IN UNFUNDED ACTUARIAL ACCRUED
LIABILITY ATTRIBUTABLE TO THE SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT REQUIRED UNDER SUBSECTION (A), AMORTIZED OVER A
PERIOD OF 10 YEARS.
(F) AUDITOR GENERAL CERTIFICATION.--BY JUNE 1 OF EACH YEAR
IN WHICH A MUNICIPALITY IS ELIGIBLE TO RECEIVE REIMBURSEMENT
UNDER SUBSECTION (E), THE AUDITOR GENERAL SHALL CERTIFY TO THE
DEPARTMENT OF REVENUE AND THE STATE TREASURER THE TOTAL AMOUNT
OF REIMBURSEMENTS FOR ELIGIBLE MUNICIPALITIES FOR THE YEAR.
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(G) ACCOUNT.--THE 2026 SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT ACCOUNT IS ESTABLISHED AS A RESTRICTED ACCOUNT WITHIN
THE MUNICIPAL PENSION AID FUND. MONEY IN THE ACCOUNT IS
APPROPRIATED TO THE DEPARTMENT OF THE AUDITOR GENERAL ON A
CONTINUING BASIS TO REIMBURSE MUNICIPALITIES UNDER SUBSECTION
(E).
(H) CASH FLOW SHORTAGE.--THE AUDITOR GENERAL MAY USE MONEY
AVAILABLE IN THE MUNICIPAL PENSION AID FUND TO ADDRESS AN ACUTE
CASH FLOW SHORTAGE OF A MUNICIPALITY IF THE AUDITOR GENERAL
DETERMINES THAT THE SHORTAGE IS DIRECTLY ATTRIBUTABLE TO ANY OF
THE FOLLOWING:
(1) THE PAYMENT OF THE SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT REQUIRED UNDER SUBSECTION (A).
(2) THE REIMBURSEMENT METHOD UNDER SUBSECTION (E).
(I) RECONCILIATION.--THE AUDITOR GENERAL SHALL RECONCILE
MONEY MADE AVAILABLE TO A MUNICIPALITY UNDER SUBSECTION (H)
AGAINST SUBSEQUENT REIMBURSEMENT TO THE MUNICIPALITY UNDER
SUBSECTION (E).
(J) CALCULATION OF AID.--A COST ATTRIBUTABLE TO THE SPECIAL
AD HOC POSTRETIREMENT ADJUSTMENT REQUIRED UNDER SUBSECTION (A)
THAT IS REIMBURSABLE UNDER SUBSECTION (E) MAY NOT BE INCLUDED
FOR THE PURPOSE OF ALLOCATING AID UNDER THE ACT OF DECEMBER 18,
1984 (P.L.1005, NO.205), KNOWN AS THE MUNICIPAL PENSION PLAN
FUNDING STANDARD AND RECOVERY ACT .
(K) EXCLUSION FROM INCOME.--A POSTRETIREMENT ADJUSTMENT
PROVIDED UNDER THIS SECTION SHALL BE EXCLUDED FROM INCOME FOR
ELIGIBILITY DETERMINATIONS FOR STATE BENEFITS AND PROGRAMS
UNLESS OTHERWISE PROHIBITED BY FEDERAL OR STATE LAW.
(L) MUNICIPAL RECEIPT OF PAYMENT.--UPON RECEIPT OF THE
REIMBURSEMENT PAYMENT FROM THE COMMONWEALTH UNDER SUBSECTION
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(E), THE TREASURER OF THE MUNICIPALITY SHALL DEPOSIT THE
REIMBURSEMENT PAYMENT INTO THE MUNICIPALITY'S GENERAL FUND.
(M) 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:
"ACCOUNT." THE 2026 SPECIAL AD HOC POSTRETIREMENT ADJUSTMENT
ACCOUNT ESTABLISHED UNDER SUBSECTION (G).
"ACT 147." THE ACT OF DECEMBER 14, 1988 (P.L.1192, NO.147),
KNOWN AS THE SPECIAL AD HOC MUNICIPAL POLICE AND FIREFIGHTER
POSTRETIREMENT ADJUSTMENT ACT .
"ACTIVE EMPLOYMENT." THE SITUATION OF AN INDIVIDUAL, OTHER
THAN AN INDEPENDENT CONTRACTOR, WHO PERFORMS FOR COMPENSATION
REGULAR SERVICES FOR A MUNICIPALITY AND WHO IS REGULARLY ENTERED
ON THE PAYROLL OF THE MUNICIPALITY.
"FIREFIGHTER." A MUNICIPAL EMPLOYEE WHO HOLDS A FULL-TIME
POSITION IN THE FIREFIGHTING SERVICE OF A MUNICIPALITY AND HAS
RETIREMENT COVERAGE PROVIDED BY A RETIREMENT SYSTEM.
"MUNICIPALITY." A BOROUGH, CITY, COUNTY OF THE SECOND CLASS,
INCORPORATED TOWN OR TOWNSHIP, HOWEVER CONSTITUTED, WHETHER
OPERATING UNDER A LEGISLATIVE CHARTER; A MUNICIPAL CODE; AN
OPTIONAL CHARTER ADOPTED UNDER THE ACT OF JULY 15, 1957
(P.L.901, NO.399), KNOWN AS THE OPTIONAL THIRD CLASS CITY
CHARTER LAW; A HOME RULE CHARTER OR AN OPTIONAL PLAN ADOPTED
UNDER THE FORMER ACT OF APRIL 13, 1972 (P.L.184, NO.62), KNOWN
AS THE HOME RULE CHARTER AND OPTIONAL PLANS LAW; OR OTHER
ARRANGEMENT; OR AN ASSOCIATION OF THESE MUNICIPALITIES
COOPERATING UNDER THE FORMER ACT OF JULY 12, 1972 (P.L.762,
NO.180), REFERRED TO AS THE INTERGOVERNMENTAL COOPERATION LAW.
"POLICE OFFICER." A MUNICIPAL EMPLOYEE WHO HOLDS A FULL-TIME
POSITION IN THE POLICE SERVICE OF A MUNICIPALITY AND HAS
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RETIREMENT COVERAGE PROVIDED BY A RETIREMENT SYSTEM.
"POSTRETIREMENT ADJUSTMENT." AN INCREASE IN OR CHANGE IN THE
AMOUNT OF A RETIREMENT ANNUITY, RETIREMENT BENEFIT, SERVICE
PENSION OR DISABILITY PENSION BENEFIT GRANTED OR EFFECTIVE AFTER
ACTIVE EMPLOYMENT CEASES.
"PUBLIC EMPLOYEE RETIREMENT SYSTEM." AN ENTITY, WHETHER A
SEPARATE ENTITY OR PART OF A GOVERNMENTAL ENTITY, THAT COLLECTS
RETIREMENT AND OTHER EMPLOYEE BENEFIT CONTRIBUTIONS FROM
GOVERNMENT EMPLOYEES AND EMPLOYERS; HOLDS AND MANAGES THE
RESULTING ASSETS AS RESERVES FOR PRESENT AND FUTURE RETIREMENT
ANNUITY, RETIREMENT BENEFIT, SERVICE PENSION OR DISABILITY
PENSION BENEFIT PAYMENTS; AND MAKES PROVISION FOR THESE PAYMENTS
TO QUALIFIED RETIREES AND BENEFICIARIES.
"RETIREMENT BENEFIT." THE AMOUNT PAID ON A REGULAR BASIS TO
A RETIRED OR DISABLED POLICE OFFICER OR FIREFIGHTER BY A
MUNICIPAL RETIREMENT SYSTEM ESTABLISHED FOR POLICE OFFICERS OR
FIREFIGHTERS.
"RETIREMENT SYSTEM." A PUBLIC EMPLOYEE RETIREMENT SYSTEM.
"SPECIAL AD HOC ADJUSTMENT" OR "SPECIAL AD HOC POSTRETIREMENT
ADJUSTMENT." AN INCREASE IN THE AMOUNT OF A RETIREMENT BENEFIT
AS PROVIDED UNDER ACT 147 AND THIS SECTION.
SECTION 1704-N. SUPPLEMENTAL ANNUITIES FOR PUBLIC SCHOOL
EMPLOYEES COMMENCING 2026 .
(A) BENEFITS.--COMMENCING WITH THE FIRST MONTHLY ANNUITY
PAYMENT ON OR AFTER JULY 1, 2026, AN ELIGIBLE BENEFIT RECIPIENT
SHALL BE ENTITLED TO RECEIVE AN ADDITIONAL MONTHLY SUPPLEMENTAL
ANNUITY FROM THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM. THE
ADDITIONAL MONTHLY SUPPLEMENTAL ANNUITY UNDER THIS SECTION SHALL
BE IN ADDITION TO THE SUPPLEMENTAL ANNUITIES PROVIDED FOR UNDER
24 PA.C.S. §§ 8348 (RELATING TO SUPPLEMENTAL ANNUITIES), 8348.1
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(RELATING TO ADDITIONAL SUPPLEMENTAL ANNUITIES), 8348.2
(RELATING TO FURTHER ADDITIONAL SUPPLEMENTAL ANNUITIES), 8348.3
(RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 1994), 8348.4
(RELATING TO SPECIAL SUPPLEMENTAL POSTRETIREMENT ADJUSTMENT),
8348.5 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 1998),
8348.6 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 2002) AND
8348.7 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 2003).
(B) AMOUNT OF ADDITIONAL SUPPLEMENTAL ANNUITY.--THE AMOUNT
OF THE SUPPLEMENTAL ANNUITY PAYABLE UNDER THIS SECTION SHALL BE
A PERCENTAGE OF THE AMOUNT OF THE MONTHLY ANNUITY PAYMENT ON
JULY 1, 2026, DETERMINED ON THE BASIS OF THE MOST RECENT
EFFECTIVE DATE OF RETIREMENT AS FOLLOWS:
MOST RECENT EFFECTIVE DATE PERCENTAGE FACTOR
OF RETIREMENT
JULY 2, 2000, THROUGH JULY 1, 2001 15%
JULY 2, 1999, THROUGH JULY 1, 2000 15.5%
JULY 2, 1998, THROUGH JULY 1, 1999 16%
JULY 2, 1997, THROUGH JULY 1, 1998 16.5%
JULY 2, 1996, THROUGH JULY 1, 1997 17%
JULY 2, 1995, THROUGH JULY 1, 1996 17.5%
JULY 2, 1994, THROUGH JULY 1, 1995 18%
JULY 2, 1993, THROUGH JULY 1, 1994 18.5%
JULY 2, 1992, THROUGH JULY 1, 1993 19%
JULY 2, 1991, THROUGH JULY 1, 1992 19.5%
JULY 2, 1990, THROUGH JULY 1, 1991 20%
JULY 2, 1989, THROUGH JULY 1, 1990 20.5%
JULY 2, 1988, THROUGH JULY 1, 1989 21%
JULY 2, 1987, THROUGH JULY 1, 1988 21.5%
JULY 2, 1986, THROUGH JULY 1, 1987 22%
JULY 2, 1985, THROUGH JULY 1, 1986 22.5%
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JULY 2, 1984, THROUGH JULY 1, 1985 23%
JULY 2, 1983, THROUGH JULY 1, 1984 23.5%
JULY 2, 1982, THROUGH JULY 1, 1983 24%
PRIOR TO JULY 2, 1982 24.5%
(C) PAYMENT.--THE SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS
SECTION SHALL BE PAID AUTOMATICALLY UNLESS THE ANNUITANT FILES A
WRITTEN NOTICE WITH THE BOARD REQUESTING THAT THE ADDITIONAL
MONTHLY SUPPLEMENTAL ANNUITY NOT BE PAID. THE BOARD SHALL MAKE
THE INITIAL PAYMENT OF THE SUPPLEMENTAL ANNUITY PROVIDED UNDER
THIS SECTION AND ANY RETROACTIVE PAYMENTS DUE UNDER THIS SECTION
TO EACH ELIGIBLE BENEFIT RECIPIENT AS SOON AS ADMINISTRATIVELY
FEASIBLE.
(D) CONDITIONS.--THE SUPPLEMENTAL ANNUITY PROVIDED UNDER
THIS SECTION SHALL BE PAYABLE UNDER THE SAME TERMS AND
CONDITIONS AS PROVIDED UNDER THE OPTION PLAN IN EFFECT AS OF
JULY 1, 2026, AND SHALL BE SUBJECT TO ANY SUBSEQUENT
MODIFICATION OF THAT OPTION PLAN.
(E) BENEFITS TO BENEFICIARIES OR SURVIVORS.--NO SUPPLEMENTAL
ANNUITY PROVIDED UNDER THIS SECTION SHALL BE PAYABLE TO THE
BENEFICIARY OR SURVIVOR ANNUITANT OF A MEMBER WHO DIES BEFORE
JULY 1, 2026.
(F) FUNDING.--THE INCREASE IN THE UNFUNDED ACTUARIAL ACCRUED
LIABILITY ATTRIBUTABLE TO THE SUPPLEMENTAL ANNUITY PROVIDED
UNDER THIS SECTION SHALL BE FUNDED IN EQUAL DOLLAR ANNUAL
INSTALLMENTS AMORTIZED OVER A PERIOD OF 10 YEARS BEGINNING IN
FISCAL YEAR 2027-2028 IN ACCORDANCE WITH THE FOLLOWING:
(1) BY JUNE 1, 2027, AND EACH JUNE 1 THEREAFTER THROUGH
2036, THE BOARD SHALL CERTIFY TO THE DEPARTMENT OF REVENUE
AND THE STATE TREASURER THE AMOUNT OF THE ANNUAL INSTALLMENT
TO BE PAID IN THE SUBSEQUENT FISCAL YEAR.
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(2) THE BOARD SHALL USE THE MONEY PAID UNDER SECTION
1706-N(2)(I) TO PAY THE ANNUAL INSTALLMENT FOR THE YEAR IN
WHICH PAYMENT IS RECEIVED.
(3) THE BOARD SHALL NOT CONSIDER THE INCREASE IN THE
UNFUNDED ACTUARIAL ACCRUED LIABILITY ATTRIBUTABLE TO THE
SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS SECTION WHEN SETTING
AND ACCEPTING AN ANNUAL EMPLOYER CONTRIBUTION RATE.
(G) ELIGIBLE BENEFIT RECIPIENT.--
(1) AN ELIGIBLE BENEFIT RECIPIENT IS AN INDIVIDUAL:
(I) WHO IS RECEIVING A SUPERANNUATION, WITHDRAWAL OR
DISABILITY ANNUITY ON JULY 1, 2026;
(II) WHOSE MOST RECENT EFFECTIVE DATE OF RETIREMENT
IS PRIOR TO JULY 2, 2001;
(III) WHOSE CREDITED SERVICE DOES NOT INCLUDE ANY
SERVICE CREDITED AS CLASS T-D SERVICE; AND
(IV) WHO IS NOT A MULTIPLE SERVICE MEMBER WITH CLASS
D-4 SERVICE OR CLASS AA SERVICE CREDITED IN THE STATE
EMPLOYEES' RETIREMENT SYSTEM.
(2) A SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS SECTION
SHALL NOT BE PAYABLE TO AN ANNUITANT RECEIVING A WITHDRAWAL
ANNUITY PRIOR TO THE FIRST DAY OF JULY COINCIDENT WITH OR
FOLLOWING THE ANNUITANT'S ATTAINMENT OF SUPERANNUATION OR
NORMAL RETIREMENT AGE.
(H) EXCLUSION FROM INCOME.--A SUPPLEMENTAL ANNUITY PROVIDED
UNDER THIS SECTION SHALL BE EXCLUDED FROM INCOME FOR ELIGIBILITY
DETERMINATIONS FOR STATE BENEFITS AND PROGRAMS UNLESS OTHERWISE
PROHIBITED BY LAW.
(I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION:
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"ANNUITANT." AS DEFINED IN 24 PA.C.S. § 8102 (RELATING TO
DEFINITIONS).
"BENEFICIARY." AS DEFINED IN 24 PA.C.S. § 8102.
"BOARD." AS DEFINED IN 24 PA.C.S. § 8102.
"SUPERANNUATION OR NORMAL RETIREMENT AGE." AS DEFINED IN 24
PA.C.S. § 8102.
"SURVIVOR ANNUITANT." AS DEFINED IN 24 PA.C.S. § 8102.
SECTION 1705-N. SUPPLEMENTAL ANNUITIES FOR STATE EMPLOYEES
COMMENCING 2026 .
(A) BENEFITS.--COMMENCING WITH THE FIRST MONTHLY ANNUITY
PAYMENT ON OR AFTER JULY 1, 2026, AN ELIGIBLE BENEFIT RECIPIENT
SHALL BE ENTITLED TO RECEIVE AN ADDITIONAL MONTHLY SUPPLEMENTAL
ANNUITY FROM THE STATE EMPLOYEES' RETIREMENT SYSTEM. THE
ADDITIONAL MONTHLY SUPPLEMENTAL ANNUITY UNDER THIS SECTION SHALL
BE IN ADDITION TO THE SUPPLEMENTAL ANNUITIES PROVIDED FOR UNDER
71 PA.C.S. §§ 5708 (RELATING TO SUPPLEMENTAL ANNUITIES), 5708.1
(RELATING TO ADDITIONAL SUPPLEMENTAL ANNUITIES), 5708.2
(RELATING TO FURTHER ADDITIONAL SUPPLEMENTAL ANNUITIES), 5708.3
(RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 1994), 5708.4
(RELATING TO SPECIAL SUPPLEMENTAL POSTRETIREMENT ADJUSTMENT),
5708.5 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 1998),
5708.6 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 2002),
5708.7 (RELATING TO SUPPLEMENTAL ANNUITIES COMMENCING 2003) AND
5708.8 (RELATING TO SPECIAL SUPPLEMENTAL POSTRETIREMENT
ADJUSTMENT OF 2002).
(B) AMOUNT OF ADDITIONAL SUPPLEMENTAL ANNUITY.--THE AMOUNT
OF THE SUPPLEMENTAL ANNUITY UNDER THIS SECTION SHALL BE A
PERCENTAGE OF THE AMOUNT OF THE MONTHLY ANNUITY PAYMENT ON JULY
1, 2026, DETERMINED ON THE BASIS OF THE MOST RECENT EFFECTIVE
DATE OF RETIREMENT AS FOLLOWS:
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MOST RECENT EFFECTIVE DATE PERCENTAGE FACTOR
OF RETIREMENT
JULY 2, 2000, THROUGH JULY 1, 2001 15%
JULY 2, 1999, THROUGH JULY 1, 2000 15.5%
JULY 2, 1998, THROUGH JULY 1, 1999 16%
JULY 2, 1997, THROUGH JULY 1, 1998 16.5%
JULY 2, 1996, THROUGH JULY 1, 1997 17%
JULY 2, 1995, THROUGH JULY 1, 1996 17.5%
JULY 2, 1994, THROUGH JULY 1, 1995 18%
JULY 2, 1993, THROUGH JULY 1, 1994 18.5%
JULY 2, 1992, THROUGH JULY 1, 1993 19%
JULY 2, 1991, THROUGH JULY 1, 1992 19.5%
JULY 2, 1990, THROUGH JULY 1, 1991 20%
JULY 2, 1989, THROUGH JULY 1, 1990 20.5%
JULY 2, 1988, THROUGH JULY 1, 1989 21%
JULY 2, 1987, THROUGH JULY 1, 1988 21.5%
JULY 2, 1986, THROUGH JULY 1, 1987 22%
JULY 2, 1985, THROUGH JULY 1, 1986 22.5%
JULY 2, 1984, THROUGH JULY 1, 1985 23%
JULY 2, 1983, THROUGH JULY 1, 1984 23.5%
JULY 2, 1982, THROUGH JULY 1, 1983 24%
PRIOR TO JULY 2, 1982 24.5%
(C) PAYMENT.--THE SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS
SECTION SHALL BE PAID AUTOMATICALLY UNLESS THE ANNUITANT FILES A
WRITTEN NOTICE WITH THE BOARD REQUESTING THAT THE ADDITIONAL
MONTHLY SUPPLEMENTAL ANNUITY NOT BE PAID. THE BOARD SHALL MAKE
THE INITIAL PAYMENT OF THE SUPPLEMENTAL ANNUITY PROVIDED UNDER
THIS SECTION AND ANY RETROACTIVE PAYMENTS DUE UNDER THIS SECTION
TO EACH ELIGIBLE BENEFIT RECIPIENT AS SOON AS ADMINISTRATIVELY
FEASIBLE.
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(D) CONDITIONS.--THE SUPPLEMENTAL ANNUITY PROVIDED UNDER
THIS SECTION SHALL BE PAYABLE UNDER THE SAME TERMS AND
CONDITIONS AS PROVIDED UNDER THE OPTION PLAN IN EFFECT AS OF
JULY 1, 2026, AND SHALL BE SUBJECT TO ANY SUBSEQUENT
MODIFICATION OF THAT OPTION PLAN.
(E) BENEFITS TO BENEFICIARIES OR SURVIVORS.--NO SUPPLEMENTAL
ANNUITY PROVIDED UNDER THIS SECTION SHALL BE PAYABLE TO THE
BENEFICIARY OR SURVIVOR ANNUITANT OF A MEMBER WHO DIES BEFORE
JULY 1, 2026.
(F) FUNDING.--THE INCREASE IN THE UNFUNDED ACTUARIAL ACCRUED
LIABILITY ATTRIBUTABLE TO THE SUPPLEMENTAL ANNUITY PROVIDED
UNDER THIS SECTION SHALL BE FUNDED IN EQUAL DOLLAR ANNUAL
INSTALLMENTS AMORTIZED OVER A PERIOD OF 10 YEARS BEGINNING IN
FISCAL YEAR 2027-2028 IN ACCORDANCE WITH THE FOLLOWING:
(1) BY JUNE 1, 2027, AND EACH JUNE 1 THEREAFTER THROUGH
2036, THE BOARD SHALL CERTIFY TO THE DEPARTMENT OF REVENUE
AND THE STATE TREASURER THE AMOUNT OF THE ANNUAL INSTALLMENT
TO BE PAID IN THE SUBSEQUENT FISCAL YEAR.
(2) THE BOARD SHALL USE THE MONEY PAID UNDER SECTION
1706-N(2)(II) TO PAY THE ANNUAL INSTALLMENT FOR THE YEAR IN
WHICH PAYMENT IS RECEIVED.
(3) THE BOARD SHALL NOT CONSIDER THE INCREASE IN THE
UNFUNDED ACTUARIAL ACCRUED LIABILITY ATTRIBUTABLE TO THE
SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS SECTION WHEN SETTING
AND ACCEPTING AN ANNUAL EMPLOYER CONTRIBUTION RATE.
(G) ELIGIBLE BENEFIT RECIPIENT.--
(1) AN ELIGIBLE BENEFIT RECIPIENT IS AN INDIVIDUAL:
(I) WHO IS RECEIVING A SUPERANNUATION, WITHDRAWAL OR
DISABILITY ANNUITY ON JULY 1, 2026;
(II) WHOSE MOST RECENT EFFECTIVE DATE OF RETIREMENT
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IS PRIOR TO JULY 2, 2001;
(III) WHOSE CREDITED SERVICE DOES NOT INCLUDE ANY
SERVICE CREDITED AS EITHER CLASS D-4 SERVICE OR CLASS AA
SERVICE; AND
(IV) WHO IS NOT A MULTIPLE SERVICE MEMBER WITH CLASS
T-D SERVICE CREDITED IN THE PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM.
(2) A SUPPLEMENTAL ANNUITY PROVIDED UNDER THIS SECTION
SHALL NOT BE PAYABLE TO AN ANNUITANT RECEIVING A WITHDRAWAL
ANNUITY PRIOR TO THE FIRST DAY OF JULY COINCIDENT WITH OR
FOLLOWING THE ANNUITANT'S ATTAINMENT OF SUPERANNUATION AGE.
(H) EXCLUSION FROM INCOME.--A SUPPLEMENTAL ANNUITY PROVIDED
UNDER THIS SECTION SHALL BE EXCLUDED FROM INCOME FOR ELIGIBILITY
DETERMINATIONS FOR STATE BENEFITS AND PROGRAMS UNLESS OTHERWISE
PROHIBITED BY LAW.
(I) 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:
"ANNUITANT." AS DEFINED IN 71 PA.C.S. § 5102 (RELATING TO
DEFINITIONS).
"BENEFICIARY." AS DEFINED IN 71 PA.C.S. § 5102.
"BOARD." AS DEFINED IN 71 PA.C.S. § 5102.
"SUPERANNUATION AGE." AS DEFINED IN 71 PA.C.S. § 5102.
"SURVIVOR ANNUITANT." AS DEFINED IN 71 PA.C.S. § 5102.
SECTION 1706-N. PAYMENT OF SUPPLEMENTAL ANNUITY AND SPECIAL AD
HOC POSTRETIREMENT ADJUSTMENT.
NOTWITHSTANDING 4 PA.C.S. § 13B52(D)(3) (RELATING TO
INTERACTIVE GAMING TAX), BEGINNING IN FISCAL YEAR 2027-2028 AND
EACH FISCAL YEAR THEREAFTER, THE DEPARTMENT OF REVENUE SHALL
DISTRIBUTE THE MONEY THAT WOULD OTHERWISE BE DEPOSITED UNDER 4
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PA.C.S. § 13B52(D)(3) IN THE FOLLOWING ORDER:
(1) FIRST, THE DEPARTMENT OF REVENUE SHALL DEPOSIT INTO
THE 2026 SPECIAL AD HOC POSTRETIREMENT ADJUSTMENT ACCOUNT
ESTABLISHED UNDER SECTION 1703-N(G) AN AMOUNT EQUAL TO THE
AMOUNT CERTIFIED BY THE AUDITOR GENERAL UNDER SECTION 1703-
N(F).
(2) SECOND, THE DEPARTMENT OF REVENUE SHALL TAKE THE
FOLLOWING ACTIONS:
(I) PAY TO THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT
SYSTEM THE AMOUNT OF THE ANNUAL INSTALLMENT CERTIFIED TO
THE DEPARTMENT OF REVENUE UNDER SECTION 1704-N(F)(1).
(II) PAY TO THE STATE EMPLOYEES' RETIREMENT SYSTEM
THE AMOUNT OF THE ANNUAL INSTALLMENT CERTIFIED TO THE
DEPARTMENT OF REVENUE UNDER SECTION 1705-N(F)(1).
(3) THIRD, THE DEPARTMENT OF REVENUE SHALL DEPOSIT THE
REMAINING MONEY INTO A RESTRICTED RECEIPTS ACCOUNT TO BE
ESTABLISHED IN THE COMMONWEALTH FINANCING AUTHORITY TO BE
USED EXCLUSIVELY FOR GRANTS FOR PROJECTS IN THE PUBLIC
INTEREST IN THIS COMMONWEALTH.
SECTION 29.2. ARTICLE XVIII-B OF THE ACT IS AMENDED BY
ADDING A SUBARTICLE HEADING IMMEDIATELY PRECEDING SECTION 1801-B
TO READ:
SUBARTICLE A
ELECTRICITY LOAD FORECASTS
SECTION 29.3. SECTIONS 1801-B, 1803-B, 1805-B(A) AND (B) AND
1806-B(A) AND (B)(1) OF THE ACT, ADDED NOVEMBER 12, 2025
(P.L.156, NO.45), ARE AMENDED TO READ:
SECTION 1801-B. SCOPE OF [ARTICLE] SUBARTICLE.
THIS [ARTICLE] SUBARTICLE RELATES TO ELECTRICITY LOAD
FORECASTS SUBMITTED TO PJM.
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SECTION 1803-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS [ARTICLE]
SUBARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
"ELECTRIC DISTRIBUTION COMPANY." AS DEFINED IN 66 PA.C.S. §
2803 (RELATING TO DEFINITIONS).
"LOAD FORECAST." INFORMATION USED TO ESTIMATE FUTURE PEAK
DEMAND WITHIN A UTILITY SERVICE TERRITORY THAT IS PROVIDED TO
AND UTILIZED BY PJM TO ESTABLISH THE RELIABILITY REQUIREMENT
USED IN THE CAPACITY MARKET. THE TERM DOES NOT INCLUDE SHORT-
TERM OR DAY-AHEAD FORECASTS USED FOR MARKET OPERATIONS.
"PJM." PJM INTERCONNECTION, L.L.C., REGIONAL TRANSMISSION
ORGANIZATION OR ITS SUCCESSOR.
"UTILITY." AN ELECTRIC DISTRIBUTION COMPANY.
SECTION 1805-B. ACCESS TO CONFIDENTIAL CONTRACTS AND
INFORMATION.
(A) AUTHORITY--IN ORDER TO PERFORM THE COMMISSION'S DUTIES
UNDER THIS [ARTICLE] SUBARTICLE, THE COMMISSION, INCLUDING THE
BUREAU OF INVESTIGATION AND ENFORCEMENT OF THE COMMISSION, ALONG
WITH THE OFFICE OF SMALL BUSINESS ADVOCATE AND THE OFFICE OF
CONSUMER ADVOCATE, MAY REVIEW CONTRACTS, AGREEMENTS AND
COMMITMENTS BETWEEN INTERCONNECTING CUSTOMERS AND UTILITIES THAT
AFFECT LOAD-FORECAST ASSUMPTIONS.
(B) PRODUCTION.--UPON REQUEST BY THE COMMISSION, A UTILITY
SHALL PROVIDE THE CONTRACTS, AGREEMENTS OR RELATED MATERIALS TO
THE COMMISSION FOR THE PURPOSES OF THIS [ARTICLE] SUBARTICLE.
* * *
SECTION 1806-B. ANNUAL REPORT.
(A) REPORT.--NO LATER THAN JUNE 30 OF EACH YEAR, THE
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COMMISSION SHALL SUBMIT A REPORT TO THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE
IMPLEMENTATION OF THIS [ARTICLE] SUBARTICLE AND SHALL POST THE
REPORT ON THE COMMISSION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(B) CONTENTS.--THE REPORT SHALL DESCRIBE ALL OF THE
FOLLOWING:
(1) ACTIONS TAKEN BY THE COMMISSION TO IMPLEMENT THIS
[ARTICLE] SUBARTICLE DURING THE PRIOR FISCAL YEAR.
* * *
SECTION 29.4. ARTICLE XVIII-B OF THE ACT IS AMENDED BY
ADDING SUBARTICLES TO READ:
SUBARTICLE B
ENERGY AND WATER REPORTING
SECTION 1811-B. SCOPE OF SUBARTICLE.
THIS SUBARTICLE RELATES TO DATA CENTER ENERGY AND WATER
REPORTING.
SECTION 1812-B. 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:
"COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
"DATA CENTER." A FACILITY, CAMPUS OF FACILITIES OR
INTERCONNECTED ARRAY OF FACILITIES THAT MAY BE COMPOSED OF ONE
OR MORE BUSINESSES, OWNERS OR TENANTS, THAT MEET ALL OF THE
FOLLOWING:
(1) ARE PREDOMINANTLY USED TO HOUSE WORKING SERVERS OR
SIMILAR DATA STORAGE SYSTEMS.
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(2) HAVE A PEAK ELECTRIC DEMAND OF 10 MEGAWATTS OR
GREATER.
"DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
THE COMMONWEALTH.
"ELECTRIC DISTRIBUTION COMPANY." AS DEFINED UNDER 66 PA.C.S.
§ 2803 (RELATING TO DEFINITIONS).
"ENERGY CONSUMPTION." THE TOTAL AMOUNT OF ELECTRICITY OR
OTHER FORMS OF ENERGY CONSUMED BY A DATA CENTER, MEASURED IN
KILOWATT-HOURS.
"FACILITY." ONE OR MORE PARCELS OF LAND IN THIS COMMONWEALTH
AND ANY STRUCTURES AND PERSONAL PROPERTY CONTAINED ON THE LAND.
"WATER CONSUMPTION." THE TOTAL AMOUNT OF WATER CONSUMED BY A
DATA CENTER, INCLUDING WATER USED FOR COOLING, MEASURED IN
GALLONS.
SECTION 1813-B. REPORTING REQUIREMENTS.
(A) ANNUAL REPORT.--EACH DATA CENTER OPERATING IN THIS
COMMONWEALTH SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT ON
THE FACILITY'S ENERGY CONSUMPTION AND WATER CONSUMPTION FOR THE
PRECEDING CALENDAR YEAR.
(B) CONTENTS.--THE REPORT SHALL INCLUDE THE FOLLOWING:
(1) THE NAME AND ADDRESS OF THE FACILITY, INCLUDING THE
NATURE OR PURPOSE OF THE FACILITY.
(2) TOTAL ENERGY CONSUMPTION FOR THE PREVIOUS CALENDAR
YEAR, SPECIFIED BY MONTH AND THE ENERGY SOURCE CONSUMED.
(3) THE ESTIMATED AVERAGE AMOUNT OF ENERGY USAGE PER
HOUR DURING THE DATA CENTER'S PEAK LOAD, MEASURED IN
KILOWATT-HOURS.
(4) TOTAL WATER CONSUMPTION FOR THE PREVIOUS CALENDAR
YEAR, ALONG WITH THE MAXIMUM DAY DEMAND, SPECIFIED BY MONTH,
WATER SOURCE AND WHETHER THE CONSUMPTION WAS INTENDED FOR
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COOLING OR ANOTHER APPLICATION.
(5) ANY MEASURES UNDERTAKEN IN THE PREVIOUS CALENDAR
YEAR TO IMPROVE ENERGY OR WATER EFFICIENCY AND REDUCE ENERGY
CONSUMPTION OR WATER CONSUMPTION.
(6) ANY MEASURES UNDERTAKEN TO PROTECT THE ENVIRONMENT
AND PUBLIC FROM POLLUTED WATER.
(7) ANY MEASURES UNDERTAKEN TO GENERATE ELECTRICITY ON
SITE OR OFF SITE TO REDUCE CARBON EMISSIONS OR IMPACTS ON THE
ELECTRIC GRID, INCLUDING THE SPECIFIC ENERGY SOURCE, AND ANY
POTENTIAL FUTURE MEASURES TO GENERATE ELECTRICITY OR OTHER
FORM OF ENERGY ON SITE OR OFF SITE.
(8) ANY MEASURES UNDERTAKEN TO RECOVER WASTE HEAT TO
POWER THE DATA CENTER, OR TO RECOVER WASTE HEAT FOR PURPOSES
RELATING TO GENERAL BUILDING HEATING, COOLING SYSTEMS OR
COOLANT SYSTEMS SPECIFICALLY FOR THE CAPTURE OF WASTE HEAT
FROM PROCESSORS.
(9) AN ESTIMATION OF THE PROJECTED TOTAL ENERGY AND
WATER DEMAND FOR THE FOLLOWING YEAR, INCLUDING A COMPARISON
OF THE PREVIOUS YEAR'S TOTAL ENERGY CONSUMPTION AND WATER
CONSUMPTION, IF APPLICABLE.
(10) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
(C) SUBMISSION.--BY JULY 1, 2027, AND EACH JULY 1
THEREAFTER, THE ANNUAL REPORT SHALL BE SUBMITTED IN A MANNER
DETERMINED BY THE DEPARTMENT.
SECTION 1814-B. DEPARTMENT DUTIES.
THE DEPARTMENT, IN CONSULTATION WITH THE COMMISSION, SHALL
PUBLISH AN ANNUAL REPORT ON THE AGGREGATE ENERGY CONSUMPTION AND
WATER CONSUMPTION TRENDS FOR DATA CENTERS OPERATING IN THIS
COMMONWEALTH, INCLUDING ENVIRONMENTAL IMPACTS AND
RECOMMENDATIONS TO ADDRESS IDENTIFIED ISSUES. THE REPORT SHALL
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BE MADE AVAILABLE ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE AND SHALL BE SUBMITTED IN PAPER FORM OR
ELECTRONICALLY TO:
(1) THE GOVERNOR.
(2) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE SENATE.
(3) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
ENERGY COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(4) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION COMMITTEE OF
THE HOUSE OF REPRESENTATIVES.
(5) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
CONSUMER PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF
THE SENATE.
(6) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES COMMITTEE OF
THE HOUSE OF REPRESENTATIVES.
SECTION 1815-B. DATA CONFIDENTIALITY.
(A) PROPRIETARY INFORMATION.--FOR ANNUAL REPORTS SUBMITTED
UNDER SECTION 1813-B(A), PROPRIETARY INFORMATION SHALL BE EXEMPT
FROM PUBLIC DISCLOSURE.
(B) PUBLIC DATA.--ALL AGGREGATED AND ANONYMIZED DATA SHALL
BE MADE PUBLICLY AVAILABLE.
SECTION 1816-B. ENFORCEMENT AND PENALTIES.
(A) VIOLATIONS.--A DATA CENTER THAT FAILS TO COMPLY WITH THE
REPORTING REQUIREMENTS UNDER SECTION 1813-B SHALL BE SUBJECT TO
A CIVIL PENALTY OF $10,000 PER DAY UNTIL THE REPORT IS SUBMITTED
TO THE DEPARTMENT.
(B) DEPOSIT OF PENALTIES COLLECTED.--PENALTIES COLLECTED
UNDER THIS SECTION SHALL BE DEPOSITED INTO THE LOW-INCOME
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ELECTRIC CUSTOMER ASSISTANCE PROGRAM OF THE ELECTRIC
DISTRIBUTION COMPANY FOR THE SERVICE TERRITORY IN WHICH THE DATA
CENTER IN VIOLATION IS LOCATED.
SUBARTICLE C
ADVANCED TRANSMISSION TECHNOLOGIES
SECTION 1817-B. 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 PUBLIC UTILITY COMMISSION.
SECTION 1818-B. ADVANCED TRANSMISSION TECHNOLOGIES.
(A) APPLICABILITY.--THIS SECTION SHALL APPLY TO EACH
TRANSMISSION SITING APPLICATION FILED WITH THE COMMISSION UNDER
52 PA. CODE CH. 57 SUBCH. G (RELATING TO COMMISSION REVIEW OF
SITING AND CONSTRUCTION OF ELECTRIC TRANSMISSION LINES) AND EACH
LETTER OF NOTIFICATION IN LIEU OF APPLICATION FILED WITH THE
COMMISSION UNDER 52 PA. CODE CH. 57 (RELATING TO ELECTRIC
SERVICE).
(B) REPORT OF EVALUATION.--AN APPLICANT SHALL PROVIDE TO THE
COMMISSION A REPORT DOCUMENTING THAT THE APPLICANT EVALUATED AND
ASSESSED THE USE OF ADVANCED TRANSMISSION TECHNOLOGIES FOR ANY
OF THE FOLLOWING:
(1) EXISTING TRANSMISSION INFRASTRUCTURE.
(2) PROPOSED TRANSMISSION INFRASTRUCTURE AND UPGRADES
IDENTIFIED IN THE APPLICATION OR LETTER OF NOTIFICATION,
INCLUDING INFRASTRUCTURE FOR WHICH THE PROPOSED VOLTAGE WOULD
BE INCREASED ABOVE EXISTING LEVELS AND INFRASTRUCTURE THAT
WOULD BE RECONDUCTORED OR RECONSTRUCTED WITHIN THE
JURISDICTION OF THE COMMISSION.
(C) REBUTTABLE PRESUMPTION.--IF AN APPLICANT INCLUDES AN
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ANALYSIS OF ADVANCED TRANSMISSION TECHNOLOGIES, THERE SHALL BE A
REBUTTABLE PRESUMPTION THAT THE ELECTRIC DISTRIBUTION COMPANY
HAS CONSIDERED APPROPRIATE ADVANCED TRANSMISSION TECHNOLOGIES
FOR THE PROPOSED TRANSMISSION INFRASTRUCTURE.
(D) NOTICE FOR COLOCATED INFRASTRUCTURE.--
(1) WHEN THE EVALUATION UNDER SUBSECTION (B) INCLUDES
THE USE OF ADVANCED TRANSMISSION TECHNOLOGY THAT WOULD
INCREASE THE ENERGY-CARRYING CAPACITY OF AN EXISTING OR
PROPOSED TRANSMISSION LINE, THE APPLICANT SHALL USE
REASONABLE EFFORTS TO NOTIFY ALL KNOWN OWNERS OR OPERATORS OF
PIPELINES OR OTHER CRITICAL ENERGY INFRASTRUCTURE LOCATED
WITHIN OR ADJACENT TO THE EXISTING OR PROPOSED RIGHT-OF-WAY.
(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
RELIEVE ANY PARTY OF OBLIGATIONS UNDER FEDERAL PIPELINE
SAFETY REGULATIONS OR TO REQUIRE DISCLOSURE OF PROPRIETARY OR
SECURITY-SENSITIVE INFORMATION.
(E) CONDITIONAL APPROVAL.--IF, UPON CONSIDERATION OF RECORD
EVIDENCE, THE COMMISSION DETERMINES IT IS IN THE PUBLIC
INTEREST, THE COMMISSION MAY, AS A CONDITION OF APPROVING AN
APPLICATION, AND IN ADDITION TO ANY OTHER RELIEF GRANTED, ORDER
THE APPLICANT TO INTEGRATE ADVANCED TRANSMISSION TECHNOLOGIES TO
HELP FULLY OR PARTIALLY RESOLVE THE NEED IDENTIFIED IN THE
APPLICATION.
(F) COMPETITIVE BIDS.--FOR EACH TRANSMISSION SITING
APPLICATION SUBJECT TO A COMPETITIVE BID PROCESS, THE COMMISSION
SHALL GIVE FULL CONSIDERATION FOR THE REGIONAL BENEFITS
IDENTIFIED IN THE APPLICATION.
(G) COMMISSION REQUIREMENTS.--NO LATER THAN ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS SUBSECTION, THE COMMISSION SHALL
ADOPT REGULATIONS, ORDERS OR STATEMENTS OF POLICY SPECIFYING THE
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ADVANCED TRANSMISSION TECHNOLOGY ASSESSMENT REQUIREMENTS AND
METHODS THAT AN APPLICANT SHALL USE TO SATISFY SUBSECTION (B).
(H) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE COMMISSION'S AUTHORITY UNDER ANY OTHER
PROVISION OF STATE LAW TO REGULATE A PUBLIC UTILITY SERVICE OR
FACILITY.
(I) 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:
"ADVANCED POWER FLOW CONTROLLER." A HARDWARE OR SOFTWARE
TECHNOLOGY THAT MODULATES CIRCUIT IMPEDANCE OR OTHER ELECTRICAL
PROPERTIES TO REROUTE POWER FLOWS.
"ADVANCED TRANSMISSION TECHNOLOGIES." ANY OF THE FOLLOWING:
(1) GRID-ENHANCING TECHNOLOGIES, INCLUDING DYNAMIC LINE
RATING, ADVANCED POWER FLOW CONTROLLER AND TOPOLOGY
OPTIMIZATION SOFTWARE.
(2) HIGH-PERFORMANCE CONDUCTORS.
(3) ANY OTHER TECHNOLOGY IDENTIFIED BY THE COMMISSION
THAT MAY AVOID THE CONSTRUCTION OF NEW TRANSMISSION
INFRASTRUCTURE, INCREASE THE CAPACITY, EFFICIENCY OR
RELIABILITY OF THE TRANSMISSION SYSTEM, REDUCE TRANSMISSION
SYSTEM CONGESTION, REDUCE ENVIRONMENTAL IMPACTS OR PROVIDE
OTHER BENEFITS TO THE TRANSMISSION SYSTEM.
"ALUMINUM CONDUCTOR STEEL REINFORCED CONDUCTOR." A STRANDED
OVERHEAD ELECTRICAL CONDUCTOR COMPOSED OF ONE OR MORE LAYERS OF
HARD-DRAWN ALUMINUM WIRE HELICALLY LAID AROUND A CENTRAL CORE OF
GALVANIZED OR OTHERWISE COATED STEEL STRANDS, DESIGNED TO
PROVIDE ENHANCED TENSILE STRENGTH AND ELECTRICAL CONDUCTIVITY
FOR TRANSMISSION OR DISTRIBUTION APPLICATIONS.
"DYNAMIC LINE RATING." A SYSTEM THAT USES REAL-TIME AND
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FORECASTED WEATHER AND OPERATING CONDITIONS, INCLUDING WIND
SPEED AND DIRECTION, TO DETERMINE THE TRANSFER CAPACITY OF A
TRANSMISSION LINE.
"HIGH-PERFORMANCE CONDUCTOR." A CONDUCTOR USED IN AN
ELECTRIC TRANSMISSION SYSTEM, INCLUDING A CARBON FIBER
CONDUCTOR, COMPOSITE CORE CONDUCTOR OR SUPERCONDUCTOR, THAT HAS
ALL OF THE FOLLOWING:
(1) A SIMILAR DIAMETER AND WEIGHT AS A TRADITIONAL
ALUMINUM CONDUCTOR STEEL REINFORCED CONDUCTOR.
(2) A DIRECT ELECTRICAL RESISTANCE THAT IS AT LEAST 10%
LOWER THAN A TRADITIONAL ALUMINUM CONDUCTOR STEEL REINFORCED
CONDUCTOR OF A SIMILAR DIAMETER AND WEIGHT.
(3) AN ENERGY-CARRYING CAPACITY THAT IS AT LEAST 75%
GREATER THAN A TRADITIONAL ALUMINUM CONDUCTOR STEEL
REINFORCED CONDUCTOR OF A SIMILAR DIAMETER AND WEIGHT.
"TOPOLOGY OPTIMIZATION SOFTWARE." SOFTWARE THAT IDENTIFIES
SWITCHING CONFIGURATIONS TO REROUTE ELECTRICITY AND ALLEVIATE
TRANSMISSION CONSTRAINTS.
SECTION 30. SECTION 1918 OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 1918. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
AGRICULTURE:
* * *
(7) FROM MONEY APPROPRIATED FOR FRUIT GROWER DISASTER
SUPPORT, NO LESS THAN $10,000,000 SHALL BE USED FOR FREEZE
DISASTER ASSISTANCE RECOVERY GRANTS TO ASSIST WITH BUSINESS
CONTINUITY FOR A FRUIT GROWER THAT INCURRED A LOSS OF AN
ELIGIBLE SPECIALTY CROP BECAUSE OF FREEZE EVENTS. THE
FOLLOWING APPLY:
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(I) THE DEPARTMENT OF AGRICULTURE SHALL AWARD GRANTS
TO A FRUIT GROWER THAT EXPERIENCED A LOSS OF AT LEAST 30%
OF EXPECTED PRODUCTION FOR AN ELIGIBLE SPECIALTY CROP
BECAUSE OF THE FREEZE EVENTS.
(II) AN APPLICANT FOR A GRANT AWARD SHALL PROVIDE
ALL OF THE FOLLOWING:
(A) VERIFICATION OF THE ELIGIBLE ACREAGE OF EACH
ELIGIBLE SPECIALTY CROP IN PRODUCTION BETWEEN APRIL
1, 2026, AND APRIL 21, 2026.
(B) A MAP IDENTIFYING EACH PARCEL ON WHICH AN
ELIGIBLE SPECIALTY CROP WAS PRODUCED AND THE TOTAL
ACREAGE IMPACTED BY THE FREEZE EVENTS.
(III) THE DEPARTMENT OF AGRICULTURE SHALL DEVELOP A
PER-ACRE PAYMENT METHODOLOGY FOR EACH ELIGIBLE SPECIALTY
CROP.
(IV) THE DEPARTMENT OF AGRICULTURE SHALL ADJUST
GRANT AWARDS TO REFLECT THE AMOUNT OF MONEY AVAILABLE
UNDER THIS PARAGRAPH. A GRANT AWARD LIMITATION
ESTABLISHED BY THE DEPARTMENT OF AGRICULTURE SHALL APPLY
BY FEDERAL EMPLOYER IDENTIFICATION NUMBER.
(V) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH, THE DEPARTMENT OF AGRICULTURE 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.
(VI) AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBPARAGRAPH UNLESS THE CONTEXT CLEARLY INDICATES
OTHERWISE:
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"ELIGIBLE SPECIALTY CROP." A POME FRUIT, STONE
FRUIT, GRAPE OR BERRY GROWN IN THIS COMMONWEALTH.
"FREEZE EVENTS." THE FREEZE EVENTS THAT OCCURRED
BETWEEN APRIL 1, 2026, AND APRIL 21, 2026.
SECTION 30.1. SECTION 1930(11)(V) OF THE ACT, ADDED NOVEMBER
12, 2025 (P.L.156, NO.45), IS AMENDED TO READ:
SECTION 1930. DEPARTMENT OF HUMAN SERVICES.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
HUMAN SERVICES:
* * *
(11) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM LIVING:
* * *
(V) [(RESERVED).] AN ADDITIONAL $250,000 SHALL BE
PAID TO A MEDICAL ASSISTANCE NURSING FACILITY PROVIDER
LOCATED IN A TOWNSHIP OF THE FIRST CLASS IN A COUNTY OF
THE SECOND CLASS A WHICH REMAINS OPEN AS OF THE EFFECTIVE
DATE OF THIS SUBPARAGRAPH WITH A PERCENTAGE OF MEDICAL
ASSISTANCE RECIPIENT RESIDENTS WHO REQUIRED MEDICALLY
NECESSARY VENTILATOR CARE OR TRACHEOSTOMY CARE EQUAL TO
OR GREATER THAN 90% AS OF AUGUST 1, 2022.
* * *
SECTION 30.2. SECTION 1938 OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
SECTION 1938. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY:
* * *
(4) FROM MONEY APPROPRIATED FOR MATCHING PAYMENTS FOR
STUDENT AID, $2,500,000 SHALL BE USED BY THE AGENCY FOR THE
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NURSING SHORTAGE ASSISTANCE PROGRAM AS AUTHORIZED BY ARTICLE
XVIII-B OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
AS THE PUBLIC SCHOOL CODE OF 1949.
SECTION 31. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XIX-B
2026-2027 BUDGET IMPLEMENTATION
SUBARTICLE A
PRELIMINARY PROVISIONS
SECTION 1901-B. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT OF 2026 AND ALL OTHER
APPROPRIATION ACTS OF 2026.
SECTION 1902-B. 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 2026." THE ACT OF , 2026
(P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2026.
"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.
SUBARTICLE B
EXECUTIVE DEPARTMENTS
SECTION 1911-B. GOVERNOR (RESERVED).
SECTION 1912-B. EXECUTIVE OFFICES.
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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, $750,000 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
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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 $2,600,000 SHALL BE DISTRIBUTED
TO A NONPROFIT ORGANIZATION SPECIFIED IN 61 PA.C.S. §
3512 (RELATING TO DEFINITIONS), THE FOLLOWING SHALL
APPLY:
(A) THE SUM OF $2,000,000 SHALL BE USED TO
MONITOR CONDITIONS IN STATE AND COUNTY CORRECTIONAL
INSTITUTIONS, INCLUDING THROUGH INDEPENDENT DATA
COLLECTION AND ANALYSIS OF CONDITIONS AND TO ASSIST
INCARCERATED INDIVIDUALS WITH CONCERNS RELATED TO
THEIR HEALTH, SAFETY AND DIGNITY.
(B) THE SUM OF $600,000 SHALL BE USED TO PROVIDE
TRANSPORTATION TO STATE CORRECTIONAL INSTITUTIONS FOR
FAMILIES OF INCARCERATED INDIVIDUALS.
(IX) NO LESS THAN $1,750,000 SHALL BE USED FOR
MEDICATION SUBSTANCE USE DISORDER TREATMENT FOR ELIGIBLE
OFFENDERS. THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY SHALL USE THE MONEY FOR GRANTS TO COUNTIES TO
PROVIDE MEDICATION-ASSISTED TREATMENT, IN COMBINATION
WITH COMPREHENSIVE SUBSTANCE USE DISORDER TREATMENT, TO
ELIGIBLE OFFENDERS WHO MEET THE CLINICAL CRITERIA FOR AN
OPIOID USE DISORDER OR AN ALCOHOL USE DISORDER, AS
DETERMINED BY A PHYSICIAN, WHILE INCARCERATED AND UPON
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RELEASE FROM A COUNTY CORRECTIONAL INSTITUTION. AS USED
IN THIS SUBPARAGRAPH, THE TERM "MEDICATION-ASSISTED
TREATMENT" MEANS THE USE OF UNITED STATES FOOD AND DRUG
ADMINISTRATION-APPROVED MEDICATIONS, TOGETHER WITH
NONMEDICATION TREATMENT, AS CLINICALLY INDICATED, TO
TREAT SUBSTANCE USE DISORDERS, INCLUDING OPIOID USE
DISORDERS AND ALCOHOL USE DISORDERS.
(X) NO LESS THAN $2,500,000 SHALL BE USED FOR THE
VIOLENT INCIDENT CLEARANCE AND TECHNOLOGICAL
INVESTIGATIVE METHODS PROGRAM ESTABLISHED UNDER SECTION
1602-Z.2(A).
(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.
(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) FROM MONEY APPROPRIATED FOR VIOLENCE INTERVENTION
AND PREVENTION, NO LESS THAN $11,500,000 SHALL BE USED BY THE
SCHOOL SAFETY AND SECURITY COMMITTEE TO PROVIDE GRANTS FOR
OUT-OF-SCHOOL PROGRAMMING FOR AT-RISK SCHOOL-AGE YOUTH. AN
ELIGIBLE GRANTEE UNDER THIS PARAGRAPH SHALL INCLUDE ANY
SCHOOL DISTRICT, AREA CAREER AND TECHNICAL SCHOOL, LIBRARY,
STATEWIDE YOUTH-SERVING NONPROFIT ORGANIZATION OR COMMUNITY-
BASED NONPROFIT ORGANIZATION THAT IS NOT A MEMBER OF A
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STATEWIDE YOUTH-SERVING NONPROFIT. OUT-OF-SCHOOL PROGRAMMING
UNDER THIS PARAGRAPH SHALL INCLUDE STRUCTURED PROGRAMS OR
ACTIVITIES WITH ENGAGED MENTORS AND EVIDENCE-BASED OR
EVIDENCE-INFORMED PRACTICES PROVIDED TO SCHOOL-AGE YOUTH
BEFORE SCHOOL, AFTER SCHOOL OR DURING THE SUMMER TO IMPROVE
SOCIAL, EMOTIONAL, ACADEMIC OR CAREER-READINESS, PREVENT AND
REDUCE TEENAGE PREGNANCIES, REDUCE NEGATIVE BEHAVIORS,
PROVIDE SAFE OUT-OF-SCHOOL ENVIRONMENTS, ENGAGE IN CAREER
EXPLORATION OR FORMAL OR INFORMAL WORK-BASED LEARNING OR ANY
OTHER ACTIVITY APPROVED BY THE SCHOOL SAFETY AND SECURITY
COMMITTEE. SECTION 1306-B(B), (C), (D), (E), (G.1) AND (G.2)
OF THE PUBLIC SCHOOL CODE OF 1949 SHALL APPLY TO GRANTS
PROVIDED UNDER THIS PARAGRAPH.
(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) FROM MONEY APPROPRIATED TO GRANTS TO THE ARTS, NO
LESS THAN $1,000,000 SHALL BE USED BY THE COUNCIL OF THE ARTS
TO AWARD GRANTS FOR MULTIYEAR, TIERED TECHNICAL ASSISTANCE
AND ORGANIZATIONAL DEVELOPMENT SERVICES FOR ARTS AND CULTURAL
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ORGANIZATIONS ROOTED IN AND SERVING HISTORICALLY UNDERSERVED
COMMUNITIES, TO STRENGTHEN ORGANIZATIONAL CAPACITY, COMMUNITY
ENGAGEMENT, ARTIST DEVELOPMENT AND LONG-TERM SUSTAINABILITY.
THIS FUNDING SHALL SUPPLEMENT AND NOT SUPPLANT FUNDS AWARDED
BY THE COUNCIL OF THE ARTS FOR THESE PURPOSES IN FISCAL YEAR
2025-2026.
SECTION 1912.1-B. OFFICE OF THE BUDGET (RESERVED).
SECTION 1913-B. LIEUTENANT GOVERNOR (RESERVED).
SECTION 1914-B. ATTORNEY GENERAL.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE ATTORNEY
GENERAL:
(1) UP TO $1,200,000 IS INCLUDED IN THE APPROPRIATION
FOR GENERAL GOVERNMENT OPERATIONS FOR COSTS RELATED TO THE
IMPLEMENTATION OF 74 PA.C.S. § 1786 (RELATING TO SPECIAL
PROSECUTOR FOR MASS TRANSIT).
(2) 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.
(3) THE SUM OF $3,508,308 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.
(4) 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.
(5) THE SUM OF $889,692 SHALL BE DISTRIBUTED TO THE
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ATTORNEY GENERAL FOR OPERATING AND PROPERTY COSTS RELATED TO
THE JOINT TASK FORCE AS NEEDED.
(6) THE ATTORNEY GENERAL MAY EXPEND MONEY 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).
(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.
(VI) THE RESTRICTED ACCOUNT KNOWN AS THE PUBLIC
PROTECTION LAW ENFORCEMENT RESTRICTED ACCOUNT.
(VII) THE STATE COURT AWARDED ASSET FORFEITURE
RESTRICTED ACCOUNT AS ESTABLISHED BY THE ATTORNEY GENERAL
UNDER 42 PA.C.S. § 5803 (RELATING TO ASSET FORFEITURE).
(7) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, NO LESS THAN $35,000 SHALL BE UTILIZED TO DEVELOP
AND IMPLEMENT REGIONAL FIRST RESPONSE AND INVESTIGATIVE
TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS WHO RESPOND TO
INCIDENTS INVOLVING ONLINE CHILD EXPLOITATION, CHILD SEXUAL
ABUSE MATERIAL GENERATED BY ARTIFICIAL INTELLIGENCE,
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SEXTORTION, UNLAWFUL DISSEMINATION OF INTIMATE IMAGES OR
OTHER RELATED INTERNET-FACILITATED CRIMES AGAINST CHILDREN.
SECTION 1915-B. AUDITOR GENERAL (RESERVED).
SECTION 1916-B. TREASURY DEPARTMENT (RESERVED).
SECTION 1917-B. DEPARTMENT OF AGING (RESERVED).
SECTION 1918-B. DEPARTMENT OF AGRICULTURE.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
AGRICULTURE:
(1) FROM MONEY APPROPRIATED FOR GENERAL GOVERNMENT
OPERATIONS, 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, NO LESS THAN $6,000,000 SHALL BE
USED FOR COSTS INCURRED BY THE PENNSYLVANIA ANIMAL DIAGNOSTIC
LABORATORY SYSTEM ACROSS THIS COMMONWEALTH IN PREPARING FOR
AND RESPONDING TO AN OUTBREAK OF HIGHLY PATHOGENIC AVIAN
INFLUENZA.
(3) FROM MONEY APPROPRIATED FOR AGRICULTURAL EXCELLENCE,
NO LESS THAN $1,400,000 SHALL BE USED FOR BEEF EXCELLENCE
SUPPORTED PROGRAMS AND INITIATIVES.
(3.1) FROM MONEY APPROPRIATED FOR THE FARMERS MARKET
FOOD COUPONS:
(I) $5,000,000 SHALL BE USED TO REDUCE FOOD WASTE
AND STRENGTHEN FOOD ACCESS PROGRAMS.
(II) $2,000,000 SHALL BE DISTRIBUTED TO A NONPROFIT
ORGANIZATION THAT IS HEADQUARTERED IN A CITY OF THE FIRST
CLASS AND HAS RECEIVED A GRANT UNDER 7 U.S.C. § 7517
(RELATING TO T HE GUS SCHUMACHER NUTRITION INCENTIVE
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PROGRAM) TO BE USED FOR ADMINISTRATION AND PROGRAM COSTS
ASSOCIATED WITH A BENEFIT INCENTIVE PROGRAM FOR
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PARTICIPANTS TO
PURCHASE FRUITS AND VEGETABLES AT ELIGIBLE FOOD
RETAILERS.
(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
PARAGRAPH.
SECTION 1919-B. 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.
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(2) FROM MONEY APPROPRIATED FOR MARKETING TO ATTRACT
TOURISTS, FUNDS SHALL INCLUDE ADDITIONAL ALLOCATIONS TO BE
USED TO PLAN, MARKET AND CONDUCT A SERIES OF ARTS AND
CULTURAL ACTIVITIES THAT GENERATE STATEWIDE AND REGIONAL
ECONOMIC IMPACT. THE SUM OF $1,000,000 SHALL BE USED FOR
REGIONAL ATHLETIC COMPETITIONS, ACTIVITIES AND COSTS RELATING
TO 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
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) MONEY APPROPRIATED FOR KEYSTONE COMMUNITIES SHALL BE
USED FOR PROJECTS SUPPORTING ECONOMIC GROWTH, COMMUNITY
DEVELOPMENT AND MUNICIPAL ASSISTANCE THROUGHOUT THIS
COMMONWEALTH.
(5) MONEY APPROPRIATED FOR MAIN STREET MATTERS SHALL
SUPPORT REVITALIZATION AND COMMUNITY BUILDING EFFORTS,
INCLUDING, BUT NOT LIMITED TO, PLANNING, BUSINESS SUPPORT,
AESTHETIC IMPROVEMENTS, DISABILITY ACCESSIBILITY IMPROVEMENTS
AND THE INCREASE OF SAFETY AND SECURITY. MONEY APPROPRIATED
FOR MAIN STREET MATTERS MAY ALSO BE USED TO SUPPORT THE
OPERATIONS OF MAIN STREET PROGRAM OR ELM STREET PROGRAM AS
DESIGNATED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.
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(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
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) MONEY APPROPRIATED FOR HOSPITAL AND HEALTH SYSTEM
EMERGENCY RELIEF SHALL INCLUDE AN ALLOCATION TO PROVIDE STATE
ASSISTANCE FOR HOSPITAL AND HEALTH CARE SYSTEMS THAT
EXPERIENCE FINANCIAL DISTRESS. MONEY APPROPRIATED FOR
HOSPITAL AND HEALTH SYSTEM EMERGENCY RELIEF MAY ALSO BE USED
TO PROVIDE FUNDING FOR RESEARCH TO STUDY RURAL HEALTH AND
ALTERNATIVE PAYMENT METHODS FOR RURAL HEALTH CARE, INCLUDING
DATA COLLECTION AND MODELING. AS USED IN THIS PARAGRAPH, THE
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TERM "HOSPITAL AND HEALTH SYSTEM" SHALL INCLUDE A FOUNDATION,
TRUST OR NONPROFIT ORGANIZATION AFFILIATED WITH A HOSPITAL OR
HEALTH SYSTEM, WHICH IS AUTHORIZED BY THE HOSPITAL OR HEALTH
SYSTEM TO APPLY FOR GRANTS ON BEHALF OF THE HOSPITAL OR
HEALTH SYSTEM.
(9) 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.
(10) MONEY APPROPRIATED FOR WORKFORCE DEVELOPMENT SHALL
BE DISTRIBUTED IN THE SAME PROPORTION AS DISTRIBUTED IN
FISCAL YEAR 2022-2023.
(11) MONEY APPROPRIATED FOR BIOTECHNOLOGY RESEARCH SHALL
INCLUDE ALLOCATIONS FOR REGENERATIVE MEDICINE RESEARCH,
REGENERATIVE MEDICINE MEDICAL TECHNOLOGY, HEPATITIS AND VIRAL
RESEARCH, DRUG RESEARCH AND CLINICAL TRIALS RELATED TO
CANCER, GENETIC AND MOLECULAR RESEARCH FOR DISEASE
IDENTIFICATION AND ERADICATION, VACCINE IMMUNE RESPONSE
DIAGNOSTICS, NANOTECHNOLOGY AND THE COMMERCIALIZATION OF
APPLIED RESEARCH.
SECTION 1920-B. DEPARTMENT OF CONSERVATION AND NATURAL
RESOURCES.
THE FOLLOWING APPLY TO APPROPRIATIONS FOR THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES:
(1) MONEY APPROPRIATED FOR PARKS, FORESTS AND RECREATION
PROJECTS SHALL BE USED FOR GRANTS FOR PROJECTS TO ENHANCE
PARKS, FORESTS AND RECREATION ACTIVITIES.
(2) (RESERVED).
SECTION 1921-B. DEPARTMENT OF CORRECTIONS (RESERVED).
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SECTION 1922-B. DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS
(RESERVED).
SECTION 1923-B. DEPARTMENT OF EDUCATION.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF
EDUCATION:
(1) FROM MONEY APPROPRIATED FOR THE PRE-K COUNTS
PROGRAM, THE PER-STUDENT GRANT AWARD AMOUNT FOR GRANTS MADE
UNDER SECTION 1514-D OF THE PUBLIC SCHOOL CODE OF 1949 SHALL
BE INCREASED BY 1.163% OVER THE AMOUNT PAID IN FISCAL YEAR
2025-2026.
(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.
(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 ADMINISTER
A PROGRAM TO SUBSIDIZE THE COST OF HIGH SCHOOL
EQUIVALENCY TESTING THAT LEADS TO A COMMONWEALTH
SECONDARY SCHOOL DIPLOMA CREDENTIAL FOR INDIVIDUALS WHO
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MEET REQUIREMENTS ESTABLISHED BY THE DEPARTMENT OF
EDUCATION AND TO EXPAND THE AVAILABILITY OF HIGH SCHOOL
EQUIVALENCY TESTING OPPORTUNITIES IN THIS COMMONWEALTH.
(3) THE APPROPRIATION FOR PUPIL TRANSPORTATION MAY NOT
BE REDIRECTED FOR ANY PURPOSE.
(4) FOR MONEY APPROPRIATED FOR PENNSYLVANIA CHARTERED
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) 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 DETERMINED TO BE
LESS THAN $32,000 DURING THE 2010-2011 SCHOOL YEAR. THE
ALLOCATION SHALL BE NO LESS THAN 175% OF THE AMOUNT ALLOCATED
IN 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) MONEY APPROPRIATED FOR COMMUNITY EDUCATION COUNCILS
SHALL BE DISTRIBUTED IN A MANNER THAT EACH COMMUNITY
EDUCATION COUNCIL WHICH RECEIVED FUNDING IN FISCAL YEAR 2022-
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2023 SHALL RECEIVE AN AMOUNT EQUAL TO THE AMOUNT RECEIVED IN
THAT FISCAL YEAR.
(8) FROM MONEY APPROPRIATED FOR PARENT PATHWAYS, THE
DEPARTMENT OF EDUCATION SHALL EXPAND THE PARENT PATHWAYS
LEARNING NETWORK PILOT PROGRAM TO ASSIST PARENTING STUDENTS
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.
(9) MONEY APPROPRIATED FOR JOB TRAINING AND EDUCATION
PROGRAMS SHALL BE USED FOR GRANTS FOR JOB TRAINING, DUAL
ENROLLMENT OR EDUCATIONAL PROGRAMS.
(10) FROM MONEY APPROPRIATED FOR MOBILE SCIENCE,
MATHEMATICS AND LITERACY PROGRAMS THE FOLLOWING SHALL APPLY:
(I) MONEY SHALL BE USED FOR GRANTS TO SUPPORT MOBILE
SCIENCE AND MATHEMATICS EDUCATION PROGRAMS.
(II) MONEY MAY ALSO BE USED FOR GRANTS UNDER SECTION
1507-N OF THE PUBLIC SCHOOL CODE OF 1949.
SECTION 1924-B. DEPARTMENT OF ENVIRONMENTAL PROTECTION
(RESERVED).
SECTION 1925-B. DEPARTMENT OF GENERAL SERVICES.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF
GENERAL SERVICES:
(1) 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.
(2) A PORTION OF THE MONEY APPROPRIATED TO THE
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DEPARTMENT OF GENERAL SERVICES FOR RENTAL, RELOCATION AND
MUNICIPAL CHARGES MAY BE DISTRIBUTED, UPON APPROVAL OF THE
SECRETARY, TO OTHER STATE AGENCIES TO PAY FOR CHANGES IN RENT
AND OTHER LEASE AND BUILDING OPERATIONS COSTS DUE TO A STATE
AGENCY RELOCATION OR A CHANGE IN THE AMOUNT OF SPACE OCCUPIED
BY A STATE AGENCY. THE SECRETARY SHALL PROVIDE NOTICE AT
LEAST 10 DAYS BEFORE A DISTRIBUTION UNDER THIS PARAGRAPH 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.
SECTION 1926-B. 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) 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
PHYSICIAN RECRUITMENT AND RETENTION PROGRAMS.
(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
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EACH GRANTEE RECEIVED IN THE 2022-2023 FISCAL YEAR.
(3) 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.
(4) FROM MONEY APPROPRIATED FOR ADULT CYSTIC FIBROSIS
AND OTHER CHRONIC RESPIRATORY ILLNESSES, THE FOLLOWING APPLY:
(I) $212,000 SHALL BE USED FOR A PROGRAM PROMOTING
CYSTIC FIBROSIS AND OTHER CHRONIC RESPIRATORY ILLNESSES
AWARENESS IN A COUNTY OF THE SECOND CLASS.
(II) $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.
(5) 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.
(6) MONEY APPROPRIATED FOR HEMOPHILIA SERVICES SHALL BE
DISTRIBUTED TO GRANTEES IN THE SAME PROPORTION AS DISTRIBUTED
IN FISCAL YEAR 2019-2020.
(7) MONEY APPROPRIATED FOR LUPUS PROGRAMS SHALL BE
DISTRIBUTED PROPORTIONATELY TO EACH ENTITY THAT RECEIVED
FUNDING IN FISCAL YEAR 2018-2019.
(8) 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
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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.
(9) MONEY APPROPRIATED FOR LYME DISEASE INCLUDES
$1,200,000 FOR COSTS RELATED TO FREE TICK TESTING FOR
RESIDENTS, INCLUDING OUTREACH AND MARKETING AND $1,000,000
FOR TICK MITIGATION, BOTH PERFORMED IN CONJUNCTION WITH A
UNIVERSITY THAT IS PART OF THE STATE SYSTEM OF HIGHER
EDUCATION.
(10) THE APPROPRIATION FOR AMYOTROPHIC LATERAL SCLEROSIS
SUPPORT SERVICES INCLUDES THE FOLLOWING:
(I) 69.8% OF THE APPROPRIATION SHALL BE DISTRIBUTED
TO AN ORGANIZATION THAT PROVIDES SPECIALIZED CARE
SERVICES IN 36 COUNTIES; AND
(II) 30.2% OF THE APPROPRIATION SHALL BE DISTRIBUTED
TO AN ORGANIZATION THAT PROVIDES SPECIALIZED CARE
SERVICES IN 31 COUNTIES.
(11) MONEY APPROPRIATED FOR NEURODEGENERATIVE DISEASE
RESEARCH SHALL BE USED FOR GRANTS TO ACADEMIC CLINICAL
MEDICAL CENTERS CONDUCTING NEURODEGENERATIVE DISEASE RESEARCH
IN THIS COMMONWEALTH.
SECTION 1927-B. INSURANCE DEPARTMENT (RESERVED).
SECTION 1928-B. DEPARTMENT OF LABOR AND INDUSTRY.
THE FOLLOWING APPLY TO APPROPRIATIONS TO THE DEPARTMENT OF
LABOR AND INDUSTRY:
(1) FROM MONEY APPROPRIATED FOR INDUSTRY PARTNERSHIPS,
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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 IS
A COUNTY OF THE SECOND CLASS A.
(2) (RESERVED).
SECTION 1929-B. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
(RESERVED).
SECTION 1930-B. 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,
INCLUDING SERVICES AND RESOURCES FOR MILITARY VETERANS
AND THEIR FAMILIES, INCLUDING COMPREHENSIVE REFERRAL
SERVICES FOR TRANSITIONAL, TEMPORARY AND PERMANENT
HOUSING, JOB PLACEMENT AND CAREER COUNSELING AND OTHER
SERVICES FOR MILITARY VETERANS RETURNING TO CIVILIAN
LIFE.
(2) FROM MONEY APPROPRIATED FOR MENTAL HEALTH SERVICES,
$20,000,000 SHALL BE USED FOR COUNTY MENTAL HEALTH SERVICES
IN ADDITION TO THE COUNTY FUNDING UNDER THE ACT OF OCTOBER
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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 SHALL APPLY:
(I) MONEY SHALL BE ALLOCATED TO INDIVIDUAL COUNTIES
AND COUNTY LOCAL COLLABORATIVE ARRANGEMENTS BY USING THE
MOST RECENT FIVE-YEAR ESTIMATE OF THE UNITED STATES
CENSUS BUREAU'S AMERICAN COMMUNITY SURVEY, AS AVAILABLE
ON THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, IN ACCORDANCE
WITH THE FOLLOWING:
(A) 20% OF THE ALLOCATION SHALL BE BASED ON THE
PERCENTAGE OF A COUNTY'S POPULATION.
(B) 40% OF THE ALLOCATION SHALL BE BASED ON THE
PERCENTAGE OF A COUNTY'S POPULATION WHOSE INCOME
LEVEL IS ABOVE 125% OF THE FEDERAL POVERTY LEVEL, BUT
IS NOT GREATER THAN 200% OF THE FEDERAL POVERTY
LEVEL.
(C) 40% OF THE ALLOCATION SHALL BE BASED ON THE
PERCENTAGE OF A COUNTY'S UNINSURED POPULATION.
(II) COUNTY MENTAL HEALTH SERVICES SHALL BE PROVIDED
AND REPORTED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
DEPARTMENT OF HUMAN SERVICES.
(III) MONEY RECEIVED UNDER THIS PARAGRAPH MAY NOT BE
INCLUDED IN THE CALCULATION OF THE ALLOCATION OF MONEY
UNDER THE HUMAN SERVICES BLOCK GRANT PROGRAM.
(IV) THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY
TO BEHAVIORAL HEALTH SERVICES APPROPRIATIONS.
(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
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WHO REMAIN IN OPERATION SHALL BE OFFERED A GRANT FOR THE
FISCAL YEAR TO CONTINUE SERVICE DELIVERY IN COMPLIANCE WITH
FEDERAL TANFBG RULES AND REPORTING REQUIREMENTS 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, 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.
(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
SUPPLIES.
(III) MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
PAYMENTS FOR FEE-FOR-SERVICE CARE, EXCLUSIVE OF INPATIENT
SERVICES PROVIDED THROUGH CAPITATION PLANS, SHALL INCLUDE
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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 $405,000 SHALL BE USED FOR CLEFT
PALATES AND OTHER CRANIOFACIAL ANOMALIES.
(V) NO LESS THAN $1,600,000 SHALL BE DISTRIBUTED TO
A HOSPITAL FOR CLINICAL OPHTHALMOLOGIC SERVICES LOCATED
IN A CITY OF THE FIRST CLASS.
(VI) NO LESS THAN $5,000,000 SHALL BE DISTRIBUTED TO
ACUTE CARE GENERAL HOSPITALS IMPACTED BY THE CLOSURE OF A
HOSPITAL IN A CITY OF THE THIRD CLASS IN A HOME RULE
COUNTY THAT IS A COUNTY OF THE SECOND CLASS A, OF WHICH:
(A) 60% SHALL BE DISTRIBUTED TO AN ELIGIBLE
HOSPITAL LOCATED IN A TOWNSHIP OF THE SECOND CLASS,
IN THE SAME COUNTY AS THE CLOSED HOSPITAL; AND
(B) 40% SHALL BE DISTRIBUTED TO AN ELIGIBLE
HOSPITAL LOCATED IN CONTIGUOUS BOROUGHS IN THE SAME
COUNTY AS THE CLOSED HOSPITAL.
(VII) 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.
(VIII) 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.
(IX) NO LESS THAN $2,000,000 SHALL BE DISTRIBUTED TO
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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 360,000
ACCORDING TO THE MOST RECENT FEDERAL DECENNIAL CENSUS.
(X) THE SUM OF $10,000,000 SHALL BE USED TO MAKE
ONE-TIME INPATIENT SUPPLEMENTAL PAYMENTS TO RURAL
HOSPITALS FOR THE PURPOSE OF STABILIZATION. THE FOLLOWING
SHALL APPLY TO PAYMENTS UNDER THIS SUBPARAGRAPH:
(A) THE DEPARTMENT OF HUMAN SERVICES, IN
CONSULTATION WITH THE HOSPITAL AND HEALTHSYSTEM
ASSOCIATION AND REPRESENTATIVES OF HOSPITALS
PARTICIPATING IN THE PENNSYLVANIA RURAL HEALTH MODEL,
SHALL DEVELOP A PAYMENT METHODOLOGY FOR THE
SUPPLEMENTAL PAYMENT. THE PAYMENT METHODOLOGY SHALL
USE A SPECIFIED, AUDITED MA-336 HOSPITAL COST REPORT
OR OTHER SPECIFIED REPORT IDENTIFIED BY THE
DEPARTMENT OF HUMAN SERVICES.
(B) TO BE ELIGIBLE FOR A PAYMENT UNDER THIS
SUBPARAGRAPH, A RURAL HOSPITAL SHALL MEET THE
FOLLOWING CRITERIA:
(I) BE LOCATED IN A COUNTY OF THE FOURTH,
FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS.
(II) BE IN OPERATION AND PROVIDING INPATIENT
GENERAL ACUTE CARE SERVICES AS OF THE ISSUANCE
DATE OF A PAYMENT UNDER THIS SUBPARAGRAPH.
(C) A RURAL HOSPITAL THAT RECEIVES A PAYMENT
UNDER THIS SUBPARAGRAPH SHALL PROVIDE DOCUMENTATION
TO THE DEPARTMENT OF HUMAN SERVICES, IN A MANNER AND
FORMAT SPECIFIED BY THE DEPARTMENT OF HUMAN SERVICES,
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FOR THE PURPOSES OF AN AUDIT REVIEW, IF REQUESTED.
(D) THE DEPARTMENT OF HUMAN SERVICES SHALL SEEK
FEDERAL MATCHING FUNDS FOR THE PAYMENTS. TO BE
ELIGIBLE FOR FEDERAL FUNDS, A RURAL HOSPITAL SHALL
MEET FEDERAL REQUIREMENTS.
(XI) NO LESS THAN $2,000,000 SHALL BE DISTRIBUTED TO
A GENERAL ACUTE CARE HOSPITAL THAT IS:
(A) IN A COUNTY OF THE THIRD CLASS WITH A 2020
FEDERAL DECENNIAL CENSUS POPULATION BETWEEN 370,000
AND 375,000;
(B) A BURN CENTER; AND
(C) ACCREDITED BY THE PENNSYLVANIA TRAUMA SYSTEM
FOUNDATION AS AN ADULT TRAUMA CENTER AND PEDIATRIC
TRAUMA CENTER.
(XII) SUBJECT TO FEDERAL APPROVAL, NO LESS THAN
$2,000,000 SHALL BE DISTRIBUTED TO A GENERAL ACUTE CARE
HOSPITAL IN A CITY OF THE THIRD CLASS IN A COUNTY OF THE
THIRD CLASS AS OF THE 2023-2024 FISCAL YEAR THAT OPERATES
CAMPUSES UNDER THE SAME LICENSE WITH ACUTE CARE HOSPITALS
IN A COUNTY OF THE SIXTH CLASS. THE GENERAL ACUTE CARE
HOSPITAL SHALL ALSO:
(A) BE ACCREDITED AS A LEVEL 1 TRAUMA CENTER AND
BE A MEMBER OF THE CHILDREN'S HOSPITAL ASSOCIATION,
AS DETERMINED BY THE DEPARTMENT AT THE TIME OF
PAYMENT;
(B) BE A MEDICAL SCHOOL IN A COUNTY OF THE THIRD
CLASS IN A MUNICIPALITY OF LESS THAN 5,000 RESIDENTS
UNDER THE 2020 FEDERAL DECENNIAL CENSUS; AND
(C) HAVE A FEDERALLY REPORTED LOW-INCOME
UTILIZATION RATE OF 20%.
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(XIII) THE SUM OF $1,000,000 SHALL BE DISTRIBUTED TO
A HOSPITAL THAT PROVIDES EMERGENCY DEPARTMENT OR HOSPITAL
SERVICES IN A HOME RULE COUNTY THAT IS A COUNTY OF THE
SECOND CLASS A IMPACTED BY THE CLOSURE OF A HOSPITAL IN A
CITY OF THE THIRD CLASS LOCATED WITHIN THE COUNTY.
(XIV) THE SUM OF $500,000 SHALL BE DISTRIBUTED TO A
NONPUBLIC INPATIENT BEHAVIORAL HEALTH FACILITY LOCATED IN
A COUNTY OF THE THIRD CLASS WITH A POPULATION OF AT LEAST
325,000 BUT NOT MORE THAN 330,000 UNDER THE MOST RECENT
FEDERAL DECENNIAL CENSUS.
(XV) THE SUM OF $285,000 SHALL BE DISTRIBUTED TO A
PROVIDER IN A CITY OF THE FIRST CLASS THAT WAS ENROLLED
IN THE MEDICAL ASSISTANCE PROGRAM AS A FEDERALLY
QUALIFIED HEALTH CENTER WITH PATIENTS SERVED BETWEEN
7,800 AND 7,850 IN 2024, AS REPORTED BY THE HEALTH
RESOURCES AND SERVICES ADMINISTRATION, WHOSE FOCUS IS ON
PROVIDING PRIMARY CARE, DENTAL AND MENTAL HEALTH CARE
SERVICES.
(XVI) THE SUM OF $285,000 SHALL BE DISTRIBUTED TO A
PROVIDER IN A CITY OF THE FIRST CLASS THAT WAS ENROLLED
IN THE MEDICAL ASSISTANCE PROGRAM AS A FEDERALLY
QUALIFIED HEALTH CENTER LOOK-A-LIKE WITH PATIENTS SERVED
BETWEEN 8,900 AND 8,950 IN 2024, AS REPORTED BY THE
HEALTH RESOURCES AND SERVICES ADMINISTRATION, WHOSE FOCUS
IS ON PROVIDING PRIMARY CARE, DENTAL AND MENTAL HEALTH
CARE SERVICES.
(XVII) THE SUM OF $430,000 SHALL BE DISTRIBUTED TO A
GENERAL ACUTE CARE HOSPITAL LOCATED IN A CITY OF THE
FIRST CLASS THAT HAS BETWEEN 460 AND 475 PATIENT BEDS TO
PROVIDE SERVICES IN A COUNTY OF THE SECOND CLASS A THAT
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IS ALSO A HOME RULE COUNTY.
(XVIII) THE SUM OF $3,275,000 SHALL BE DISTRIBUTED
TO A GENERAL ACUTE HOSPITAL LOCATED IN A CITY OF THE
SECOND CLASS A IN A COUNTY OF THE THIRD CLASS THAT HAS
BETWEEN 175 AND 200 LICENSED INPATIENT BEDS.
(XIX) NO LESS THAN $836,000 SHALL BE USED TO
INCREASE THE MEDICAL ASSISTANCE FEE-FOR-SERVICE RATES PER
UNIT FOR DIRECT NURSING SERVICES PROVIDED BY A LICENSED
PRACTICAL NURSE AND REGISTERED NURSE IN THE HOME AND
COMMUNITY-BASED SETTINGS FOR HCPCS CODES G0299 U8 AND
G0300 U8. NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED
TO APPLY TO FACILITY-BASED CARE SETTINGS.
(XX) NO MORE THAN $900,000 MAY BE USED FOR A MEDICAL
ASSISTANCE REENTRY PROGRAM ESTABLISHED UNDER SECTION
1608-T.
(XXI) THE SUM OF $600,000 SHALL BE DISTRIBUTED TO AN
INPATIENT PSYCHIATRIC HOSPITAL THAT:
(A) HAS BETWEEN 70 AND 75 LICENSED IN PATIENT
BEDS;
(B) IS LOCATED IN A TOWNSHIP OF THE FIRST CLASS;
AND
(C) IS LOCATED IN A COUNTY OF THE SECOND CLASS A
WITH A POPULATION OF MORE THAN 850,000 UNDER THE 2020
FEDERAL DECENNIAL CENSUS.
(6) TO SUPPLEMENT THE MONEY APPROPRIATED TO THE
DEPARTMENT OF HUMAN SERVICES FOR MEDICAL ASSISTANCE FOR
WORKERS WITH DISABILITIES, THE FOLLOWING SHALL APPLY:
(I) 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 OF
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HUMAN SERVICES 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.
(II) (RESERVED).
(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 2026 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) FROM MONEY APPROPRIATED FOR MEDICAL ASSISTANCE
LONG-TERM LIVING:
(I) NO LESS THAN THE AMOUNT DISTRIBUTED IN THE 2014-
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2015 FISCAL YEAR SHALL BE DISTRIBUTED TO A COUNTY NURSING
HOME LOCATED IN A HOME RULE COUNTY THAT IS 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) (RESERVED).
(IV) AN ADDITIONAL $500,000 SHALL BE PAID IN EQUAL
PAYMENTS TO MEDICAL ASSISTANCE NURSING FACILITY PROVIDERS
WHICH REMAIN OPEN AS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH 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%. TO RECEIVE
PAYMENT, A MEDICAL ASSISTANCE NURSING FACILITY SERVICES
PROVIDER SHALL HAVE BEEN ENROLLED IN THE MEDICAL
ASSISTANCE PROGRAM AS OF FISCAL YEAR 2014-2015 AND BE IN
OPERATION ON THE DATE OF THE ISSUANCE OF THE PAYMENT
UNDER THIS SUBPARAGRAPH.
(V) AN ADDITIONAL $250,000 SHALL BE PAID TO A
NURSING FACILITY LOCATED IN A TOWNSHIP OF THE FIRST CLASS
IN A COUNTY OF THE SECOND CLASS A WHICH REMAINS OPEN AS
OF THE EFFECTIVE DATE OF THIS SUBPARAGRAPH WITH A
PERCENTAGE OF MEDICAL ASSISTANCE RECIPIENT RESIDENTS WHO
REQUIRED MEDICALLY NECESSARY VENTILATOR CARE OR
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TRACHEOSTOMY CARE EQUAL TO OR GREATER THAN 90% AS OF
AUGUST 1, 2022.
(VI) AN ADDITIONAL $250,000 SHALL BE PAID TO A
NURSING FACILITY LOCATED IN A CITY OF THE FIRST CLASS
WHICH COMMENCED OPERATIONS AFTER DECEMBER 31, 2017, AND
WHICH REMAINS OPEN AS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH WITH A PERCENTAGE OF MEDICAL ASSISTANCE
RECIPIENT RESIDENTS WHO REQUIRED MEDICALLY NECESSARY
VENTILATOR CARE OR TRACHEOSTOMY CARE EQUAL TO OR GREATER
THAN 90% AS OF AUGUST 1, 2022.
(VII) SUBJECT TO FEDERAL APPROVAL OF NECESSARY
AMENDMENTS OF THE TITLE XIX STATE PLAN, $21,000,000 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
ENDING MARCH 31, 2020, FOR THE SECOND OF TWO PAYMENTS.
(VIII) $1,500,000 SHALL BE DISTRIBUTED TO A
NONPUBLIC NURSING HOME LOCATED IN A HOME RULE COUNTY THAT
IS A COUNTY OF THE SECOND CLASS A WITH MORE THAN 126 BEDS
AND A MEDICAID ACUITY AT 0.89 AS OF FEBRUARY 1, 2023, TO
ENSURE ACCESS TO NECESSARY NURSING HOME CARE IN THAT
COUNTY.
(IX) $1,500,000 SHALL BE DISTRIBUTED TO A NONPROFIT
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SKILLED NURSING HOME LOCATED IN A CITY OF THE SECOND
CLASS A IN A COUNTY OF THE THIRD CLASS WITH A MEDICAID
ACUITY AT 1.11 AS OF FEBRUARY 1, 2023, TO ENSURE ACCESS
TO NECESSARY SKILLED NURSING CARE IN THAT COUNTY.
(X) $1,000,000 SHALL BE DISTRIBUTED TO A NONPUBLIC
SKILLED NURSING HOME LOCATED IN A COUNTY OF THE THIRD
CLASS WITH FEWER THAN 50 BEDS AND A MEDICAID ACUITY OF
1.03 AS OF APRIL 1, 2025, TO ENSURE ACCESS TO NECESSARY
SKILLED NURSING CARE IN THAT COUNTY.
(12) FROM MONEY APPROPRIATED FOR LONG-TERM CARE MANAGED
CARE, $3,500,000 IS INCLUDED TO PROVIDE A 3.9% RATE INCREASE
FOR LIFE PROGRAM PROVIDERS, BEGINNING JANUARY 1, 2027.
(13) (RESERVED).
(14) (RESERVED).
(15) 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
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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
WHICH WAS MOST RECENTLY DESIGNATED AS A COUNTY OF THE
SECOND CLASS A.
(16) MONEY APPROPRIATED FOR BREAST CANCER SCREENING MAY
BE USED FOR WOMEN'S MEDICAL SERVICES, INCLUDING NONINVASIVE
CONTRACEPTION SUPPLIES.
(17) FROM THE APPROPRIATION FOR 2-1-1 COMMUNICATIONS,
$750,000 SHALL BE ALLOCATED FOR A STATEWIDE 2-1-1 SYSTEM
GRANT PROGRAM.
(18) THE APPROPRIATION FOR SERVICES FOR THE VISUALLY
IMPAIRED SHALL INCLUDE THE FOLLOWING:
(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;
(II) AN ALLOCATION OF $818,000 TO PROVIDE
SPECIALIZED SERVICES AND PREVENTION OF BLINDNESS SERVICES
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IN CITIES OF THE FIRST CLASS; AND
(III) AN ALLOCATION OF $250,000 TO A NONPROFIT
ORGANIZATION LOCATED IN A COUNTY OF THE SECOND CLASS TO
PROVIDE VISION REHABILITATION SERVICES TO PENNSYLVANIA
RESIDENTS WHO ARE BLIND OR VISUALLY IMPAIRED.
(19) 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.
(20) THE DEPARTMENT OF HUMAN SERVICES SHALL NOT ADD
NONMEDICALLY 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. NO MONEY APPROPRIATED TO THE DEPARTMENT
MAY BE USED TO PAY COSTS ASSOCIATED WITH ADDING NONMEDICALLY
NECESSARY SERVICES TO THE MEDICAL ASSISTANCE PROGRAM.
(21) THE FOLLOWING SHALL APPLY:
(I) THE SECRETARY OF 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 INFORMATION DOCUMENTING EACH OF THE
FOLLOWING STATE APPROPRIATIONS AND THEIR ASSOCIATED
FEDERAL APPROPRIATIONS:
(A) MEDICAL ASSISTANCE - CAPITATION.
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(B) MEDICAL ASSISTANCE - FEE-FOR-SERVICE.
(C) PAYMENT TO FEDERAL GOVERNMENT - MEDICARE
DRUG PROGRAM.
(D) MEDICAL ASSISTANCE - WORKERS WITH
DISABILITIES.
(E) MEDICAL ASSISTANCE - LONG-TERM LIVING.
(F) MEDICAL ASSISTANCE - COMMUNITY -
HEALTHCHOICES.
(G) LONG-TERM CARE MANAGED CARE.
(H) INTELLECTUAL DISABILITIES - INTERMEDIATE
CARE FACILITIES.
(I) INTELLECTUAL DISABILITIES - COMMUNITY WAIVER
PROGRAM.
(J) AUTISM INTERVENTION SERVICE.
(K) EARLY INTERVENTION.
(II) THE INFORMATION INCLUDED IN A REPORT UNDER
SUBPARAGRAPH (I) SHALL INCLUDE THE FOLLOWING:
(A) NUMBER OF ENROLLEES BY MONTH.
(B) AVERAGE COST PER ENROLLEE.
(C) REQUIRED PAYMENT AMOUNTS BY APPROPRIATION
DURING THE FISCAL YEAR.
(D) REVISED ESTIMATE OF THE MONEY NEEDED BY THE
APPROPRIATION TO MAKE REQUIRED PAYMENTS FOR THE
REMAINDER OF THE FISCAL YEAR.
(III) IF THE REVISED ESTIMATES UNDER SUBPARAGRAPH
(II)(D) INDICATE SUPPLEMENTAL MONEY MAY BE NECESSARY, THE
SECRETARY OF HUMAN SERVICES SHALL PROVIDE A DETAILED
EXPLANATION, IN WRITING, OF THE REASONS THE REVISED
ESTIMATES DIFFER FROM THE GENERAL APPROPRIATION ACT OF
2026, OR INFORMATION PROVIDED PREVIOUSLY UNDER THIS
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PARAGRAPH.
SECTION 1931-B. DEPARTMENT OF REVENUE (RESERVED).
SECTION 1932-B. DEPARTMENT OF STATE (RESERVED).
SECTION 1933-B. DEPARTMENT OF TRANSPORTATION.
THE FOLLOWING SHALL APPLY TO APPROPRIATIONS FOR THE
DEPARTMENT OF TRANSPORTATION:
(1) BEGINNING IN THE 2026-2027 FISCAL YEAR, THE
SECRETARY OF TRANSPORTATION OR THE SECRETARY'S DESIGNEE
SHALL, ON A QUARTERLY BASIS, MEET IN PERSON WITH 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 TO PRESENT A REPORT ON THE STATUS OF THE
MOTOR LICENSE FUND AND THE PUBLIC TRANSPORTATION TRUST FUND,
AS FOLLOWS:
(I) FOR THE MOTOR LICENSE FUND, THE REPORT SHALL
PROVIDE A RECONCILIATION FROM A BUDGETARY BASIS TO A CASH
BASIS AND SHALL DOCUMENT ACTUAL AND ESTIMATED
EXPENDITURES, COMMITMENTS AND AUGMENTATIONS, INCLUDING
FEDERAL MONEY, BY APPROPRIATION OR EXECUTIVE
AUTHORIZATION AND BY THE FISCAL YEAR IN WHICH THE
APPROPRIATION OR EXECUTIVE AUTHORIZATION WAS MADE.
(II) FOR THE PUBLIC TRANSPORTATION TRUST FUND, THE
REPORT SHALL PROVIDE A RECONCILIATION FROM A BUDGETARY
BASIS TO A CASH BASIS AND SHALL DOCUMENT ACTUAL AND
ESTIMATED EXPENDITURES, COMMITMENTS AND AUGMENTATIONS,
INCLUDING FEDERAL MONEY, BY PROGRAM, BY THE FISCAL YEAR
IN WHICH THE MONEY WAS ALLOCATED FOR THE PROGRAM AND BY
LOCAL TRANSPORTATION ORGANIZATION.
(2) (RESERVED).
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SECTION 1934-B. PENNSYLVANIA STATE POLICE (RESERVED).
SECTION 1935-B. 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) FROM MONEY APPROPRIATED FOR URBAN SEARCH AND RESCUE,
UP TO $6,000,000 SHALL BE DISTRIBUTED TO THE SPONSORING
AGENCY OF AN URBAN SEARCH AND RESCUE TASK FORCE ORGANIZED
WITHIN A REGIONAL COUNTERTERRORISM TASK FORCE COVERING A
COUNTY OF THE SECOND CLASS ESTABLISHED UNDER 35 PA.C.S. CH.
72 (RELATING TO COUNTERTERRORISM PLANNING, PREPAREDNESS AND
RESPONSE). MONEY DISTRIBUTED UNDER THIS PARAGRAPH SHALL BE
USED FOR EQUIPMENT, EQUIPMENT STORAGE, TRAINING,
ADMINISTRATION AND OPERATING COSTS NECESSARY FOR THE URBAN
SEARCH AND RESCUE TASK FORCE TO MEET OR EXCEED THE MINIMUM
REQUIREMENTS OF A TYPE 3 URBAN SEARCH AND RESCUE TASK FORCE
AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE
RESOURCE-TYPING DEFINITION CONTAINED IN THE NATIONAL INCIDENT
MANAGEMENT SYSTEM GUIDELINES, DOCUMENT IDENTIFICATION NUMBER
8-508-1262, PUBLISHED IN SEPTEMBER 2020 AND AS DEFINED IN A
MUTUALLY-AGREED UPON BUDGET BETWEEN THE PENNSYLVANIA
EMERGENCY MANAGEMENT AGENCY AND THE SPONSORING AGENCY. THE
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SPONSORING AGENCY MAY ALSO USE NO MORE THAN 3% OF THE MONEY
APPROPRIATED FOR ADMINISTRATIVE COSTS DIRECTLY RELATED TO
ADMINISTERING THIS PARAGRAPH. THE MINIMUM REQUIREMENTS OF A
TYPE 3 URBAN SEARCH AND RESCUE TASK FORCE AS DEFINED BY FEMA
IN THE RESOURCE-TYPING DEFINITION CONTAINED IN THE NIMS
GUIDELINES, DOCUMENT IDENTIFICATION NUMBER 8-508-1262,
PUBLISHED IN SEPTEMBER 2020 UNDER 35 PA.C.S. § 7214(A)(II)(B)
(RELATING TO URBAN SEARCH AND RESCUE TEAMS) SHALL BE MET BY
JANUARY 5, 2028.
(4) FOR FISCAL YEAR 2026-2027, THE AGENCY MAY USE UP TO
$1,000,000 OF UNENCUMBERED, UNEXPENDED FUNDS PREVIOUSLY
APPROPRIATED FOR STATE DISASTER ASSISTANCE TO SUPPLEMENT
DISASTER PREPAREDNESS AND EMERGENCY MANAGEMENT ACTIVITIES.
SECTION 1936-B. STATE-RELATED UNIVERSITIES (RESERVED).
SECTION 1937-B. STATE SYSTEM OF HIGHER EDUCATION (RESERVED).
SECTION 1938-B. 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.
(4) FROM MONEY APPROPRIATED FOR MATCHING PAYMENTS FOR
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STUDENT AID, $2,500,000 SHALL BE USED BY THE AGENCY FOR THE
NURSING SHORTAGE ASSISTANCE PROGRAM AS AUTHORIZED UNDER
ARTICLE XVIII-B OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
(5) FROM MONEY APPROPRIATED FOR MATCHING PAYMENTS FOR
STUDENT AID, $3,000,000 SHALL BE ALLOCATED TO AN INSTITUTION
OF HIGHER EDUCATION TO AID STUDENTS ENROLLED IN AN ACCREDITED
COLLEGE OF OPTOMETRY LOCATED WITHIN THIS COMMONWEALTH.
SECTION 1939-B. 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 1940-B. PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
(RESERVED).
SECTION 1941-B. ENVIRONMENTAL HEARING BOARD (RESERVED).
SECTION 1942-B. HEALTH CARE COST CONTAINMENT COUNCIL
(RESERVED).
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SECTION 1943-B. STATE ETHICS COMMISSION (RESERVED).
SECTION 1944-B. COMMONWEALTH FINANCING AUTHORITY (RESERVED).
SUBARTICLE C
STATE GOVERNMENT SUPPORT AGENCIES
SECTION 1951-B. LEGISLATIVE REFERENCE BUREAU (RESERVED).
SECTION 1952-B. LEGISLATIVE BUDGET AND FINANCE COMMITTEE
(RESERVED).
SECTION 1953-B. LEGISLATIVE DATA PROCESSING COMMITTEE
(RESERVED).
SECTION 1954-B. JOINT STATE GOVERNMENT COMMISSION (RESERVED).
SECTION 1955-B. LOCAL GOVERNMENT COMMISSION (RESERVED).
SECTION 1956-B. LEGISLATIVE AUDIT ADVISORY COMMISSION
(RESERVED).
SECTION 1957-B. INDEPENDENT REGULATORY REVIEW COMMISSION
(RESERVED).
SECTION 1958-B. CAPITOL PRESERVATION COMMITTEE (RESERVED).
SECTION 1959-B. PENNSYLVANIA COMMISSION ON SENTENCING
(RESERVED).
SECTION 1960-B. CENTER FOR RURAL PENNSYLVANIA (RESERVED).
SECTION 1961-B. COMMONWEALTH MAIL PROCESSING CENTER (RESERVED).
SECTION 1962-B. LEGISLATIVE REAPPORTIONMENT COMMISSION
(RESERVED).
SECTION 1963-B. INDEPENDENT FISCAL OFFICE (RESERVED).
SUBARTICLE D
JUDICIAL DEPARTMENT
SECTION 1971-B. SUPREME COURT (RESERVED).
SECTION 1972-B. SUPERIOR COURT (RESERVED).
SECTION 1973-B. COMMONWEALTH COURT (RESERVED).
SECTION 1974-B. COURTS OF COMMON PLEAS (RESERVED).
SECTION 1975-B. COMMUNITY COURTS; MAGISTERIAL DISTRICT JUDGES
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(RESERVED).
SECTION 1976-B. PHILADELPHIA MUNICIPAL COURT (RESERVED).
SECTION 1977-B. JUDICIAL CONDUCT BOARD (RESERVED).
SECTION 1978-B. COURT OF JUDICIAL DISCIPLINE (RESERVED).
SECTION 1979-B. JUROR COST REIMBURSEMENT (RESERVED).
SECTION 1980-B. COUNTY COURT REIMBURSEMENT (RESERVED).
SUBARTICLE E
GENERAL ASSEMBLY
(RESERVED)
ARTICLE XIX-C
2026-2027 RESTRICTIONS ON APPROPRIATIONS
FOR FUNDS AND ACCOUNTS
SECTION 1901-C. APPLICABILITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS ARTICLE, THIS ARTICLE
APPLIES TO THE GENERAL APPROPRIATION ACT OF 2026 AND ALL OTHER
APPROPRIATION ACTS OF 2026.
SECTION 1902-C. 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 2026." THE ACT OF , 2026
(P.L. , NO. ), KNOWN AS THE GENERAL APPROPRIATION ACT OF 2026.
SECTION 1903-C. STATE LOTTERY FUND.
THE FOLLOWING APPLY:
(1) MONEY APPROPRIATED FOR PENNCARE MAY NOT BE UTILIZED
FOR ADMINISTRATIVE COSTS BY THE DEPARTMENT OF AGING.
(2) MONEY APPROPRIATED TO THE DEPARTMENT OF AGING
INCLUDES SUFFICIENT MONEY FOR THE OPERATION OF THE
ALZHEIMER'S, DEMENTIA AND RELATED DISORDERS OFFICE.
SECTION 1904-C. TOBACCO SETTLEMENT FUND (RESERVED).
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SECTION 1905-C. JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT
(RESERVED).
SECTION 1906-C. EMERGENCY MEDICAL SERVICES OPERATING FUND
(RESERVED).
SECTION 1907-C. THE STATE STORES FUND (RESERVED).
SECTION 1908-C. MOTOR LICENSE FUND (RESERVED).
SECTION 1909-C. AVIATION RESTRICTED ACCOUNT (RESERVED).
SECTION 1910-C. HAZARDOUS MATERIAL RESPONSE FUND (RESERVED).
SECTION 1911-C. MILK MARKETING FUND (RESERVED).
SECTION 1912-C. HOME INVESTMENT TRUST FUND (RESERVED).
SECTION 1913-C. TUITION ACCOUNT GUARANTEED SAVINGS PROGRAM FUND
(RESERVED).
SECTION 1914-C. BANKING FUND (RESERVED).
SECTION 1915-C. FIREARM RECORDS CHECK FUND (RESERVED).
SECTION 1916-C. BEN FRANKLIN TECHNOLOGY DEVELOPMENT AUTHORITY
FUND (RESERVED).
SECTION 1917-C. OIL AND GAS LEASE FUND (RESERVED).
SECTION 1918-C. HOME IMPROVEMENT ACCOUNT (RESERVED).
SECTION 1919-C. CIGARETTE FIRE SAFETY AND FIREFIGHTER
PROTECTION ACT ENFORCEMENT FUND (RESERVED).
SECTION 1920-C. INSURANCE REGULATION AND OVERSIGHT FUND
(RESERVED).
SECTION 1921-C. PENNSYLVANIA RACE HORSE DEVELOPMENT RESTRICTED
RECEIPTS ACCOUNT (RESERVED).
SECTION 1922-C. JUSTICE REINVESTMENT FUND (RESERVED).
SECTION 1923-C. MULTIMODAL TRANSPORTATION FUND (RESERVED).
SECTION 1924-C. STATE RACING FUND (RESERVED).
SECTION 1925-C. ABLE SAVINGS PROGRAM FUND (RESERVED).
SECTION 1926-C. TOURISM PROMOTION FUND (RESERVED).
SECTION 1927-C. ENHANCED REVENUE COLLECTION ACCOUNT (RESERVED).
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SECTION 1928-C. (RESERVED).
SECTION 1929-C. OPIOID SETTLEMENT RESTRICTED ACCOUNT
(RESERVED).
SECTION 1930-C. COVID-19 RESPONSE RESTRICTED ACCOUNT
(RESERVED).
SECTION 1931-C. PENNSYLVANIA PREFERRED® TRADEMARK LICENSING
FUND.
NOTWITHSTANDING 3 PA.C.S. § 4616 (RELATING TO PENNSYLVANIA
PREFERRED® TRADEMARK AND PENNSYLVANIA PREFERRED ORGANIC®
TRADEMARK LICENSING FUND), THE DEPARTMENT OF AGRICULTURE MAY USE
MONEY DEPOSITED INTO THE PENNSYLVANIA PREFERRED® TRADEMARK AND
PENNSYLVANIA PREFERRED ORGANIC® 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 1932-C. AGRICULTURAL CONSERVATION EASEMENT PURCHASE
FUND.
THE FOLLOWING SHALL APPLY:
(1) IN ADDITION TO THE USES PROVIDED IN SECTION 7.3 OF
THE ACT OF JUNE 18, 1982 (P.L.549, NO.159), ENTITLED "AN ACT
PROVIDING FOR THE ADMINISTRATION OF CERTAIN COMMONWEALTH
FARMLAND WITHIN THE DEPARTMENT OF AGRICULTURE," THE
DEPARTMENT OF AGRICULTURE 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 OF AGRICULTURE, IN CONSULTATION WITH THE STATE
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AGRICULTURAL LAND PRESERVATION BOARD, SHALL ESTABLISH
ELIGIBILITY CRITERIA FOR AWARDING GRANTS UNDER THIS SECTION.
(2) (RESERVED).
SECTION 1932.1-C. GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND
(RESERVED).
SECTION 1932.2-C. STATE GAMING FUND.
THE FOLLOWING SHALL APPLY:
(1) MONEY APPROPRIATED FOR THE ANIMAL HEALTH AND
DIAGNOSTIC COMMISSION SHALL BE EQUALLY DISTRIBUTED TO THE
ANIMAL DIAGNOSTIC LABORATORY SYSTEM LABORATORIES LOCATED
WITHIN THIS COMMONWEALTH.
(2) MONEY APPROPRIATED FOR MARKETING TO ATTRACT TOURISTS
SHALL BE USED TO FUND THE ACTIVITIES OF THE TOURISM OFFICE
WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
INCLUDING STATEWIDE MARKETING EFFORTS.
SECTION 1933-C. 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.
(2) BROWNFIELDS REVOLVING LOAN FUND.
(C) DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--THE
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.).
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(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:
(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.
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(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 1934-C. 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,
$1,897,000 SHALL BE TRANSFERRED TO THE ENVIRONMENTAL STEWARDSHIP
FUND.
(B) WELL PLUGGING RESTRICTED REVENUE ACCOUNT.--FOR FISCAL
YEAR 2026-2027, A TOTAL OF $19,026,000 MAY BE TRANSFERRED TO THE
WELL PLUGGING RESTRICTED REVENUE ACCOUNT FROM A COMBINATION OF
THE FOLLOWING:
(1) THE WASTE TRANSPORTATION SAFETY ACCOUNT.
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(2) THE ALTERNATIVE FUELS INCENTIVE GRANT FUND.
(3) THE USED TIRE PILE REMEDIATION ACCOUNT.
(4) THE SOLID WASTE ABATEMENT FUND.
(5) THE COAL REFUSE DISPOSAL CONTROL FUND.
(6) THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION
FUND.
(7) THE SEWAGE FACILITIES PROGRAM ADMINISTRATION
ACCOUNT.
(8) THE DAMS AND ENCROACHMENT FUND.
(9) THE INDUSTRIAL LAND RECYCLING FUND.
(C) TRANSFER TO GENERAL FUND.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, DURING THE 2026-2027 FISCAL YEAR, $580,000,000
SHALL BE TRANSFERRED FROM AMOUNTS AVAILABLE IN RESTRICTED
ACCOUNTS AND SPECIAL FUNDS THAT ARE DESIGNATED AS TRUST FUNDS
AND OF WHICH THE SECRETARY OF THE BUDGET HAS DETERMINED THAT
A SURPLUS BALANCE EXISTS, THE TRANSFER OF WHICH, IN WHOLE OR
PART, WILL NOT JEOPARDIZE THE OBJECTIVES OF THE PROGRAM. THE
TRANSFERS UNDER THIS SUBSECTION SHALL BE IN ACCORDANCE WITH
THE FOLLOWING:
(I) THE SECRETARY OF THE BUDGET SHALL TRANSMIT TO
THE STATE TREASURER A LIST OF AMOUNTS TO BE TRANSFERRED
FROM SPECIAL FUNDS AND RESTRICTED ACCOUNTS TO THE GENERAL
FUND.
(II) UPON RECEIPT OF THE LIST UNDER SUBPARAGRAPH
(I), THE STATE TREASURER SHALL CAUSE THE TRANSFERS UNDER
THIS PARAGRAPH TO OCCUR.
(III) NO MONEY MAY BE TRANSFERRED FROM THE FUND
ESTABLISHED UNDER SECTION 1701-A.
(2) (RESERVED).
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(D) TRANSFER TO CRIME VICTIM SERVICES AND COMPENSATION
FUND .--NOTWITHSTANDING SECTION 902 OF THE MEDICAL MARIJUANA ACT,
THE SECRETARY OF THE BUDGET SHALL TRANSFER $4,500,000 FROM THE
MEDICAL MARIJUANA PROGRAM FUND TO THE CRIME VICTIM SERVICES AND
COMPENSATION FUND.
SECTION 32. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 8042. AMUSEMENT TAX CLARIFICATION.
A MUNICIPALITY THAT RECEIVES STATE FUNDING, INCLUDING GRANTS,
APPROPRIATIONS OR DISTRIBUTIONS AUTHORIZED BY LAW, MAY NOT
IMPOSE AN AMUSEMENT TAX, AS PROHIBITED UNDER THE ACT OF DECEMBER
31, 1965 (P.L.1257, NO.511), KNOWN AS THE LOCAL TAX ENABLING
ACT, ON COMPLIMENTARY OR RESORT-SPONSORED ADMISSION TO RESORT
PLACES OF AMUSEMENT THAT ARE PROVIDED BY THE RESORT TO OVERNIGHT
GUESTS WITHOUT A SEPARATE CHARGE FOR THE AMUSEMENT ADMISSION
UNLESS AND UNTIL THE LOCAL TAX ENABLING ACT IS AMENDED TO PERMIT
THAT AMUSEMENT TAX TO BE APPLIED.
SECTION 8043. SITUS FOR LOCAL SALES TAX FOR CITIES OF THE FIRST
CLASS.
NOTWITHSTANDING ANY PROVISIONS OF CHAPTER 5 OF THE ACT OF
JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS THE PENNSYLVANIA
INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF THE
FIRST CLASS, AND ARTICLE II-B OF THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, TO THE
CONTRARY, A SALE AT RETAIL SHALL BE DEEMED CONSUMMATED AT THE
SAME LOCATION THAT THE SALE IS DEEMED TO BE CONSUMMATED FOR
PURPOSES OF ARTICLE II OF THE TAX REFORM CODE OF 1971, EXCEPT AS
OTHERWISE PROVIDED IN ARTICLE II-A OF THE TAX REFORM CODE OF
1971.
SECTION 8044. SITUS FOR LOCAL SALES TAX FOR COUNTIES OF THE
SECOND CLASS.
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NOTWITHSTANDING ANY PROVISIONS OF ARTICLE XXXI-B OF THE ACT
OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS
COUNTY CODE, TO THE CONTRARY, A SALE AT RETAIL SHALL BE DEEMED
CONSUMMATED AT THE SAME LOCATION THAT IT IS DEEMED TO BE
CONSUMMATED FOR PURPOSES OF ARTICLE II OF THE ACT OF MARCH 4,
1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, EXCEPT
AS OTHERWISE PROVIDED IN ARTICLE II-A OF THE TAX REFORM CODE OF
1971.
SECTION 8045. NET INCOME.
(A) NET INCOME.--NOTWITHSTANDING THE DEFINITION OF "NET
INCOME" IN SECTION 2 OF THE ACT OF MAY 30, 1984 (P.L.345,
NO.69), KNOWN AS THE FIRST CLASS CITY BUSINESS TAX REFORM ACT,
FOR PURPOSES OF CALCULATING NET INCOME TO DETERMINE BUSINESS
INCOME AND RECEIPTS TAX LIABILITY IN A CITY OF THE FIRST CLASS,
NET INCOME HAS THE SAME MEANING AS TAXABLE INCOME UNDER SECTIONS
216 AND 217, WITH RESPECT TO THE TREATMENT OF ANY OF THE
FOLLOWING:
(1) RESEARCH AND EXPERIMENTAL EXPENDITURES UNDER 26
U.S.C. § 59(E) (RELATING TO OTHER DEFINITIONS AND SPECIAL
RULES), 174 (RELATING TO AMORTIZATION OF RESEARCH AND
EXPERIMENTAL EXPENDITURES), 174A (RELATING TO DOMESTIC
RESEARCH OR EXPERIMENTAL EXPENDITURES) OR 481 (RELATING TO
ADJUSTMENTS REQUIRED BY CHANGES IN METHOD OF ACCOUNTING).
(2) EXPENSES FOR QUALIFIED PRODUCTION PROPERTY UNDER 26
U.S.C. § 168(N) (RELATING TO ACCELERATED COST RECOVERY
SYSTEM).
(3) INTEREST DEDUCTIONS UNDER 26 U.S.C. § 163(J)
(RELATING TO INTEREST).
(B) TAXABLE INCOME.--FOR PURPOSES OF APPLYING SECTIONS 216
AND 217 UNDER SUBSECTION (A), A REFERENCE TO TAXABLE INCOME
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SHALL BE DEEMED TO BE A REFERENCE TO NET INCOME TO DETERMINE
BUSINESS INCOME AND RECEIPTS TAX LIABILITY IN A CITY OF THE
FIRST CLASS.
(C) APPLICATION OF MODIFICATION.--A MODIFICATION AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION TO THE CALCULATION OF TAXABLE
INCOME UNDER ARTICLE IV OF THE ACT OF MARCH 4, 1971 (P.L.6,
NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, THAT REQUIRES AN
ADDITION, DEDUCTION, EXCLUSION OR OTHER ADJUSTMENT TO ACCOUNT
FOR A PROVISION OF 26 U.S.C. (RELATING TO INTERNAL REVENUE CODE)
AND TO PREVENT A REDUCTION IN REVENUE TO THE COMMONWEALTH, SHALL
APPLY TO THE CALCULATION OF NET INCOME TO DETERMINE BUSINESS
INCOME AND RECEIPTS TAX LIABILITY IN A CITY OF THE FIRST CLASS.
FOR PURPOSES OF APPLYING A MODIFICATION UNDER THIS SUBSECTION, A
REFERENCE TO TAXABLE INCOME SHALL BE DEEMED TO BE A REFERENCE TO
NET INCOME TO DETERMINE BUSINESS INCOME AND RECEIPTS TAX
LIABILITY IN A CITY OF THE FIRST CLASS.
SECTION 32.1. ARTICLE LXXX IS AMENDED BY ADDING SUBARTICLES
TO READ:
SUBARTICLE F
(RESERVED)
SUBARTICLE G
HOUSING
SECTION 8061. TRACKING SYSTEM FOR PUBLICLY FINANCED HOUSING.
(A) ESTABLISHMENT.--NO LATER THAN DECEMBER 31, 2027, THE
AGENCY SHALL POST TO ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE A
SEARCHABLE DATABASE OF ALL PUBLICLY FINANCED RENTAL HOUSING
SUBJECT TO ONE OR MORE PUBLIC ASSISTANCE PROGRAMS ADMINISTERED
BY THE AGENCY. TO THE EXTENT DATA IS AVAILABLE AND PERMITTED TO
BE SHARED UNDER FEDERAL LAW, REGULATION OR CONTRACT, THE
DATABASE SHALL INCLUDE ALL OF THE FOLLOWING:
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(1) THE ADDRESS OF THE PROPERTY.
(2) THE ANTICIPATED DATE ON WHICH THE AFFORDABILITY
RESTRICTIONS AFFECTING THE PROPERTY MAY TERMINATE. IN THE
EVENT THAT A PROPERTY IS SUBJECT TO MULTIPLE AFFORDABILITY
RESTRICTIONS UNDER ONE OR MORE PUBLIC ASSISTANCE PROGRAMS,
THE ANTICIPATED TERMINATION DATE FOR EACH AFFORDABILITY
RESTRICTION SHALL BE INCLUDED.
(3) INFORMATION AS TO WHETHER THE PUBLIC ASSISTANCE
PROGRAM OR PROGRAMS AFFECTING THE PROPERTY ALLOW THE OWNER TO
ELECT TO KEEP THE PROPERTY IN THE PROGRAM OR PROGRAMS AFTER
THE ANTICIPATED TERMINATION DATE OF AFFORDABILITY
RESTRICTIONS RELATING TO THE PROGRAM OR PROGRAMS.
(4) INFORMATION REGARDING WHETHER THE PROPERTY HAS BEEN
GRANTED AN EXTENSION OR MODIFICATION OF THE AFFORDABILITY
RESTRICTIONS AFFECTING THE PROPERTY AND THE NEW ANTICIPATED
TERMINATION DATE OF THE AFFORDABILITY RESTRICTIONS RESULTING
FROM THE EXTENSION OR MODIFICATION.
(5) ANY OTHER INFORMATION THAT THE AGENCY DEEMS
RELEVANT.
(B) MAINTENANCE.--SUBJECT TO THE AVAILABILITY OF DATA, THE
AGENCY SHALL MAINTAIN THE DATABASE REQUIRED UNDER SUBSECTION (A)
AND UPDATE THE CONTENTS, INCLUDING ANY UPDATES PROVIDED BY A
LOCAL HOUSING AGENCY UNDER SUBSECTION (D), NO LATER THAN
DECEMBER 31, 2027, AND EACH DECEMBER 31 THEREAFTER.
(C) REPORTS.--BY DECEMBER 31 OF EACH YEAR FOLLOWING THE
IMPLEMENTATION OF THE TRACKING SYSTEM ESTABLISHED UNDER
SUBSECTION (A), THE AGENCY SHALL SUBMIT A REPORT TO THE GOVERNOR
AND THE GENERAL ASSEMBLY, WHICH SHALL INCLUDE AGGREGATE DATA FOR
THE NEXT THREE CALENDAR YEARS FOR EACH PUBLICLY FINANCED RENTAL
HOUSING PROPERTY. THE AGENCY MAY INCLUDE ANY OTHER INFORMATION
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THAT THE AGENCY DEEMS RELEVANT.
(D) DELIVERY.--TO THE EXTENT PERMITTED BY FEDERAL, STATE OR
LOCAL LAW OR REGULATION, A LOCAL HOUSING AGENCY MAY DELIVER TO
THE AGENCY ALL OF THE INFORMATION REQUIRED UNDER SUBSECTION (A)
WITH RESPECT TO EACH PUBLICLY FINANCED RENTAL PROPERTY OWNED OR
OPERATED BY THE LOCAL HOUSING AGENCY. FOLLOWING THE
IMPLEMENTATION OF THE TRACKING SYSTEM UNDER SUBSECTION (A), A
LOCAL HOUSING AGENCY THAT ELECTS TO DELIVER THE INFORMATION
DESCRIBED IN THIS SUBSECTION SHALL DELIVER THE INFORMATION TO
THE AGENCY NO LATER THAN OCTOBER 1, 2027, AND EACH OCTOBER 1
THEREAFTER. THE AGENCY SHALL INCORPORATE ALL INFORMATION
DELIVERED UNDER THIS SUBSECTION IN THE PUBLICLY ACCESSIBLE
DATABASE REQUIRED UNDER SUBSECTION (A) AND IN ALL REPORTS
REQUIRED UNDER SUBSECTION (C).
(E) THIRD PARTY.--THE AGENCY MAY PARTNER WITH A THIRD-PARTY
ENTITY TO ASSIST WITH THE REQUIREMENTS OF THIS SUBARTICLE.
(F) 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:
"AFFORDABILITY RESTRICTION." A LIMIT ON RENT THAT AN OWNER
MAY CHARGE FOR OCCUPANCY OF A RENTAL UNIT IN A PUBLICLY FINANCED
RENTAL HOUSING DEVELOPMENT OR A LIMIT ON TENANT INCOME FOR
PERSONS OR FAMILIES SEEKING TO QUALIFY FOR ADMISSION TO A
PUBLICLY FINANCED RENTAL HOUSING DEVELOPMENT.
"AGENCY." THE PENNSYLVANIA HOUSING FINANCE AGENCY.
"LOCAL HOUSING AGENCY." AN ENTITY CREATED AND ORGANIZED FOR
THE PURPOSE OF OWNING, OPERATING, FINANCING OR ADMINISTERING ONE
OR MORE PUBLICLY FINANCED RENTAL HOUSING PROJECTS.
"OWNER." A NATURAL PERSON, FIRM, PARTNERSHIP, CORPORATION,
TRUST, ORGANIZATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY,
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OR ITS SUCCESSORS OR ASSIGNS, THAT HOLDS TITLE TO PUBLICLY
FINANCED RENTAL HOUSING.
"PUBLICLY FINANCED RENTAL HOUSING." A RESIDENTIAL RENTAL
DEVELOPMENT WITH FIVE OR MORE UNITS OF HOUSING THAT RECEIVES
GOVERNMENT ASSISTANCE FROM ANY OF THE FOLLOWING:
(1) UNITED STATES HOUSING AND URBAN DEVELOPMENT PROJECT
BASED RENTAL ASSISTANCE UNDER 42 U.S.C. CH. 8 SUBCH. I
(RELATING TO GENERAL PROGRAM OF ASSISTED HOUSING).
(2) A DIRECT LOAN AUTHORIZED UNDER 12 U.S.C. § 1701Q
(RELATING TO SUPPORTIVE HOUSING FOR THE ELDERLY).
(3) A MORTGAGE LOAN ON PUBLICLY FINANCED RENTAL HOUSING
INSURED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
(4) THE FEDERAL LOW-INCOME HOUSING TAX CREDIT PROGRAM
PROVIDED UNDER 26 U.S.C. § 42 (RELATING TO LOW-INCOME HOUSING
CREDIT).
(5) A RURAL HOUSING LOAN MADE UNDER 42 U.S.C. §§ 1484
(RELATING TO INSURANCE OF LOANS FOR HOUSING AND RELATED
FACILITIES FOR DOMESTIC FARM LABOR) AND 1485 (RELATING TO
HOUSING AND RELATED FACILITIES FOR ELDERLY PERSONS AND
FAMILIES OR OTHER PERSONS AND FAMILIES OF LOW INCOME).
(6) A RURAL DEVELOPMENT PROJECT UNDER 42 U.S.C. § 1490P-
2 (RELATING TO LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING
IN RURAL AREAS).
(7) PUBLIC HOUSING ESTABLISHED UNDER 42 U.S.C. CH. 8
(RELATING TO LOW-INCOME HOUSING).
(8) PROJECT-BASED RENTAL ASSISTANCE ISSUED BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(9) THE NATIONAL HOUSING TRUST FUND ESTABLISHED UNDER 12
U.S.C. § 4568 (RELATING TO HOUSING TRUST FUND).
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(10) THE AFFORDABLE HOUSING TAX CREDIT PROVIDED UNDER
ARTICLE XVI-W.1.
(11) ANY OTHER RESIDENTIAL RENTAL DEVELOPMENT THE AGENCY
MAY CHOOSE TO BE DESIGNED AS RECEIVING GOVERNMENT ASSISTANCE.
"TENANT." A PERSON ENTITLED TO POSSESSION OR OCCUPANCY OF A
RENTAL UNIT IN PUBLICLY FINANCED RENTAL HOUSING, INCLUDING A
SUBTENANT, LESSEE OR SUBLESSEE.
"TERMINATION." THE CESSATION, DISCHARGE OR REMOVAL OF AN
AFFORDABILITY RESTRICTION AFFECTING PUBLICLY FINANCED RENTAL
HOUSING IN THE ABSENCE OF A SIMULTANEOUS REPLACEMENT OF THAT
RESTRICTION WITH AN EQUIVALENT AFFORDABILITY RESTRICTION,
INCLUDING:
(1) NONRENEWAL OR TERMINATION, IN WHOLE OR IN PART, OF A
GOVERNMENT PROGRAM CONTRACT.
(2) THE EXPIRATION, IN WHOLE OR IN PART, OF AN
AFFORDABILITY RESTRICTION UNDER A GOVERNMENT PROGRAM OR THE
REQUIREMENT TO RENEW THE RESTRICTION.
(3) PAYMENT IN FULL OF A GOVERNMENT PROGRAM MORTGAGE
LOAN.
(4) PREPAYMENT OF A GOVERNMENT PROGRAM MORTGAGE LOAN.
SECTION 33. THE PROVISIONS OF 25 PA. CODE § 287.101(B)(2)
(RELATING TO GENERAL REQUIREMENTS FOR PERMIT) ARE ABROGATED.
SECTION 34. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OF
SECTION 1604-T OF THE ACT.
(2) SECTION 602 OF THE ACT OF JUNE 13, 1967 (P.L.31,
NO.21), KNOWN AS THE HUMAN SERVICES CODE, IS REPEALED TO THE
EXTENT INCONSISTENT WITH THE AMENDMENT OF SECTION 1604-T OF
THE ACT.
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(3) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
PARAGRAPH (4) IS NECESSARY TO EFFECTUATE THE ADDITION OF
SUBARTICLE G OF ARTICLE XVII-A.2 OF THE ACT.
(4) THE ACT OF APRIL 4, 1929 (P.L.160, NO.155), REFERRED
TO AS THE MIDWIFE REGULATION LAW, IS REPEALED.
SECTION 35. THE FOLLOWING SHALL APPLY:
(1) THE AMENDMENT TO SECTION 1603-T(A) SHALL APPLY TO
MA-11 COST REPORTS SUBMITTED BY COUNTY AND NONPUBLIC NURSING
FACILITIES FOR REPORTING PERIODS ENDING ON OR AFTER JUNE 30,
2026.
(2) THE ADDITION OF SECTION 8043 OF THE ACT SHALL APPLY
TO TAX YEARS BEGINNING AFTER DECEMBER 31, 2025.
(3) THE ADDITION OF SECTION 8044 OF THE ACT SHALL APPLY
TO TAX YEARS BEGINNING AFTER DECEMBER 31, 2025.
(4) THE ADDITION OF SECTION 8045 OF THE ACT SHALL APPLY
TO TAX YEARS BEGINNING AFTER DECEMBER 31, 2024.
(5) THE PROVISIONS OF SECTION 615-B(H) AND (I) OF THE
ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
ADMINISTRATIVE CODE OF 1929, ARE SUSPENDED FOR THE PURPOSE OF
CONSIDERING THIS BILL AND ALL AMENDMENTS TO IT.
SECTION 36. RETROACTIVITY IS AS FOLLOWS:
(1) THE AMENDMENT OF SECTION 1602-T(1)(I)(A) AND 1603-
T(A) OF THE ACT SHALL APPLY RETROACTIVELY TO JUNE 29, 2026.
(2) THE AMENDMENT OF SECTION 1753.2-E(B.1) OF THE ACT
SHALL APPLY RETROACTIVELY TO JANUARY 26, 2026.
SECTION 37. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF SECTIONS 1312, 1313, 1314, 1315,
1316 AND 1317 OF THE ACT AND SECTION 33 OF THIS ACT SHALL
TAKE EFFECT UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN OF
THE FINAL-FORM REGULATIONS PROMULGATED UNDER SECTION 1311(A)
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OF THE ACT.
(2) THE ADDITION OF SECTIONS 1322, 1323 AND 1324 OF THE
ACT SHALL TAKE EFFECT UPON THE PUBLICATION IN THE
PENNSYLVANIA BULLETIN OF THE TEMPORARY REGULATIONS
PROMULGATED UNDER SECTION 1325 OF THE ACT OR UPON PUBLICATION
IN THE PENNSYLVANIA BULLETIN OF THE FINAL-FORM REGULATIONS
PROMULGATED UNDER SECTION 1321(A)(2) OF THE ACT, WHICHEVER IS
EARLIER.
(3) THE ADDITION OF SECTIONS 1331, 1332, 1333, 1334 AND
1335 OF THE ACT SHALL TAKE EFFECT ON THE EARLIER OF A
PUBLICATION UNDER PARAGRAPH (1) OR (2).
(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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