2024 Pa. Act 54 | Pennsylvania Act 2024-54 — FISCAL CODE - OMNIBUS AMENDMENTS

Act text

FISCAL CODE - OMNIBUS AMENDMENTS
	Act of Jul. 11, 2024, P.L. 550, No. 54	Cl. 72

Session of 2024

No. 2024-54

HB 2310

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled "An act relating to the finances of the State government; providing for cancer control, prevention and research, for ambulatory surgical center data collection, for the Joint Underwriting Association, for entertainment business financial management firms, for private dam financial assurance and for reinstatement of item vetoes; providing for the settlement, assessment, collection, and lien of taxes, bonus, and all other accounts due the Commonwealth, the collection and recovery of fees and other money or property due or belonging to the Commonwealth, or any agency thereof, including escheated property and the proceeds of its sale, the custody and disbursement or other disposition of funds and securities belonging to or in the possession of the Commonwealth, and the settlement of claims against the Commonwealth, the resettlement of accounts and appeals to the courts, refunds of moneys erroneously paid to the Commonwealth, auditing the accounts of the Commonwealth and all agencies thereof, of all public officers collecting moneys payable to the Commonwealth, or any agency thereof, and all receipts of appropriations from the Commonwealth, authorizing the Commonwealth to issue tax anticipation notes to defray current expenses, implementing the provisions of section 7(a) of Article VIII of the Constitution of Pennsylvania authorizing and restricting the incurring of certain debt and imposing penalties; affecting every department, board, commission, and officer of the State government, every political subdivision of the State, and certain officers of such subdivisions, every person, association, and corporation required to pay, assess, or collect taxes, or to make returns or reports under the laws imposing taxes for State purposes, or to pay license fees or other moneys to the Commonwealth, or any agency thereof, every State depository and every debtor or creditor of the Commonwealth," in emergency COVID-19 response, further providing for emergency education relief to nonpublic schools; providing for State Health Insurance Exchange Affordability Program; in Treasury Department, further providing for investment of moneys; in oil and gas wells, further providing for Oil and Gas Lease Fund; in transportation network companies, motor carrier companies and parking authority of a city of the first class; providing for operation of taxicabs; in assessments, further providing for intermediate care facilities for persons with an intellectual disability assessments and for hospital assessments; in Attorney General, providing for costs of investigation and litigation under Unfair Trade Practices and Consumer Protection Law; providing for Pennsylvania Minority Business Development Authority and for Agriculture Innovation Grant Program; in special funds, providing for Pennsylvania Convention Center; in Tobacco Settlement Fund, further providing for establishment of special fund and account and for use of fund; in Pennsylvania Race Horse Development Fund, further providing for distributions from Pennsylvania Race Horse Development Fund; in miscellaneous limitations and transfers, providing for refund of 2009 assessment by Insurance Department; in Clean Streams Funds, further providing for Clean Streams Fund; in Service and Infrastructure Improvement Fund, further providing for deposits; in general budget implementation, further providing for Executive Offices, for Department of Agriculture, for Department of Community and Economic Development, for Department of General Services, for Department of Labor and Industry, for Pennsylvania Emergency Management Agency and for Commonwealth Financing Authority, providing for Mixed-Use Revitalization Program, further providing for Supreme Court, for Federal and Commonwealth use of forest land and for Multimodal Transportation Fund and providing for School Safety and Security Fund; in 2023-2024 budget implementation, further providing for Department of Human Services and for Department of Transportation; providing for 2024-2025 budget implementation, for 2024-2025 restrictions on appropriations for funds and accounts, for Streamlining Permits for Economic Expansion and Development Program, for Pennsylvania Strategic Investments to Enhance Sites (PA SITES) Program and for fiscal supplements to statutory programs; making repeals; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 141-C of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, is amended by adding a subsection to read:

Section 141-C. Emergency education relief to nonpublic schools.

(a.2) Unused money.--From the remaining money appropriated for COVID Relief - ARPA - Emergency Assistance to Non-Public Schools, up to $3,000,000 shall be reallocated to award grants to nonpublic schools. A nonpublic school that qualifies for a grant under this subsection may choose an educational service provider provided through an intermediate unit that is administering a program to award grants under this subsection in accordance with Federal law and guidance.

Section 1.1. The act is amended by adding an article to read:

ARTICLE II-G

STATE HEALTH INSURANCE EXCHANGE AFFORDABILITY PROGRAM

Section 201-G. 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:

"Account." The Exchange Affordability Assistance Account established under section 203-G.

"Affordability assistance program." The Affordability Assistance Program established under section 202-G(a).

"Affordable Care Act." The Patient Protection and Affordable Care Act (Public Law 111-148, 124 Stat. 119), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152, 124 Stat. 1029).

"American Rescue Plan." The American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4).

"Department." The Insurance Department of the Commonwealth.

"Eligible individual." An individual or household who meets the financial requirements under section 202-G(b).

"Exchange authority." The Pennsylvania Health Insurance Exchange Authority established under 40 Pa.C.S. § 9302(a) (relating to Pennsylvania Health Insurance Exchange Authority).

"Health insurance policy." A policy, subscriber contract, certificate or plan issued by an insurer that provides medical or health care coverage. The term includes a dental only and a vision only policy. The term does not include any of the following:

(1) An accident only policy.

(2) A credit only policy.

(3) A long-term care or disability income policy.

(4) A specified disease policy.

(5) A Medicare supplement policy.

(6) A TRICARE policy, including a Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) supplement policy.

(7) A fixed indemnity policy.

(8) A hospital indemnity policy.

(9) A worker's compensation policy.

(10) An automobile medical payment policy under 75 Pa.C.S. (relating to vehicles).

(11) A homeowner's insurance policy.

(12) Any other similar policies providing for limited benefits.

"Medical assistance program." The medical assistance program established under Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

"Reinsurance program." The Commonwealth Health Insurance Reinsurance Program established under 40 Pa.C.S. § 9502(b) (relating to implementation of waiver and establishment of reinsurance program).

Section 202-G. Affordability Assistance Program.

(a) Establishment.--The Affordability Assistance Program is established under the exchange authority. Beginning in plan year 2025, the affordability assistance program shall incentivize enrollment in health insurance policies offered on the exchange as specified under subsection (b) contingent on funds being available under section 203-G.

(b) Financial assistance.--The affordability assistance program shall provide financial assistance to eligible individuals purchasing a health insurance policy through the exchange. The exchange authority shall determine the amount of financial assistance based on the adjusted gross income of an individual. The following shall apply:

(1) An individual who has an adjusted gross income that is not lower than 151% of the Federal poverty limit and does not exceed 300% of the Federal poverty limit shall be an eligible individual for financial assistance under the affordability assistance program.

(2) An individual or household with adjusted gross income that is less than 150% of the Federal poverty limit, but is not eligible for the medical assistance program may be deemed an eligible individual for financial assistance under the affordability assistance program upon the expiration for any reason of Federal subsidies used to incentivize the purchase of health insurance policies through the exchange provided under the American Rescue Plan.

(c) Limitations.--Financial assistance to an eligible individual under this section may not be used to incentivize the purchase of a bronze level plan defined in 42 U.S.C. § 18022 (relating to essential health benefits requirements).

(d) Requirements of exchange authority.--The affordability assistance program shall be subject to 40 Pa.C.S. Ch. 93 (relating to State-based exchange) pertaining to statutory requirements on the operations of the exchange authority, including 40 Pa.C.S. §§ 9310 (relating to audits) and 9311 (relating to reports).

Section 203-G. Exchange Affordability Assistance Account.

A restricted account is established in the State Treasury to be known as the Exchange Affordability Assistance Account. Money in the account shall include any of the following:

(1) Money received as part of a disbursement from the Joint Underwriters Association shall be deposited into the account to be used by the exchange in accordance with section 202-G.

(2) Money appropriated by the General Assembly.

(3) Up to $50,000,000 may be used each year for the program from funds received under paragraph (1).

Section 204-G. Application for State Reinsurance Program.

(a) Application.--Notwithstanding the provisions of 40 Pa.C.S. § 9501(a) (relating to application), the department shall, no later than 180 days after the effective date of this subsection, apply to the United States Secretary of Health and Human Services under section 1332 of the Affordable Care Act for a state innovation waiver to:

(1) waive the applicable provisions of the Affordable Care Act with respect to health insurance coverage in this Commonwealth;

(2) establish a reinsurance program in accordance with an approved waiver; and

(3) maximize Federal funding for the reinsurance program for plan years beginning on or after implementation of the reinsurance program.

(b) (Reserved).

Section 2. Section 301.1(i)(2) of the act is amended to read:

Section 301.1. Investment of Moneys.--* * *

(i) * * *

(2) The authority to invest or reinvest the moneys of any fund pursuant to this subsection shall expire December 31, [2024] 2034 . The Treasury Department may maintain investments pursuant to this subsection which are in existence on the expiration date in this paragraph for not more than two years following such expiration date.

Section 3. Section 1601.2-E(e)(1)(ii) of the act, amended December 13, 2023 (P.L.251, No.34), 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 [and] , 2023-2024 and 2024-2025 fiscal year.

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

Section 1608-M. Operation as taxicab.

(a) Prohibition.--Notwithstanding 53 Pa.C.S. §§ 5714 (relating to certificate and medallion required) and 57B02(c)(6)(relating to regulation of taxicabs and limousines), the following vehicles may not continue in operation as a taxicab:

(1) Except as provided under paragraph (2), a vehicle that is more than 10 model years old.

(2) A vehicle that is more than 12 model years old if the vehicle is an alternative fuel vehicle.

(3) A vehicle that has been driven more than 350,000 miles.

(b) Authorization.--Notwithstanding subsection (a), the authority may authorize the operation of antique vehicles in call or demand service in circumstances as the authority may deem appropriate.

(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:

"Alternative fuel vehicle." As defined in section 2 of the act of November 29, 2004 (P.L.1376, No.178) known as the Alternative Fuels Incentive Act.

"Authority." As defined in 53 Pa.C.S. § 5701 (relating to definitions).

"Taxicab." As defined in 53 Pa.C.S. § 5701.

Section 1602-O. Intermediate care facilities for persons with an intellectual disability assessments.

Notwithstanding any other provision of law, the assessments authorized and implemented under Article VIII-C of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, shall continue and remain in effect until June 30, 2029. The assessments shall remain subject to the provisions of Article VIII-C of the Human Services Code.

Section 1603-O. Hospital assessments.

(a) Assessments.--Notwithstanding any other provision of law, the assessments authorized and implemented under Article VIII-E of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, shall continue and remain in effect until June 30, 2029, except as otherwise provided under this section. Beginning July 1, 2024, the following shall apply:

(1) In order to generate additional revenues for the purpose of assuring that medical assistance recipients have access to hospital and other health care services, and subject to the conditions and requirements specified under Article VIII-E of the Human Services Code, a municipality may, by ordinance, impose an assessment on the following:

(i) Each general acute care hospital.

(ii) Each high-volume Medicaid hospital.

(iii) Each cancer hospital.

(iv) Each children's hospital.

(2) A municipality shall, by ordinance, establish the assessment imposed under paragraph (1) as a percentage of each hospital's net patient revenue reduced by all revenues received from Medicare for the year as the municipality shall specify, and may establish different assessment percentages as follows:

(i) An assessment percentage for a hospital identified under paragraph (1)(i) and (iii).

(ii) An assessment percentage for a hospital identified under paragraph (1)(ii).

(iii) An assessment percentage for a hospital identified under paragraph (1)(iv).

(3) A municipality may include appropriate administrative provisions in an ordinance adopted under paragraph (2), including, without limitation, provisions for the collection of interest and penalties and provisions for the calculation and imposition of the assessment on a hospital subject to the assessment which, during a fiscal year in which the assessment is imposed, changes ownership or control, begins operations, closes or experiences any other change that affects the hospital's status as a general acute care hospital, high-volume Medicaid hospital, cancer hospital or children's hospital.

(4) Notwithstanding section 804-E(b)(2) of the Human Services Code, funds in the restricted account established under section 804-E(b) shall be used by the Department of Human Services to make payments to medical assistance managed care organizations for additional payments for health care services within the municipality.

(5) The Secretary of Human Services shall seek Federal approval from the United States Department of Health and Human Services as necessary to make the payments authorized under paragraph (4) and section 804-E(b) of the Human Services Code.

(b) 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:

"Cancer hospital." A free-standing acute care hospital organized primarily for the treatment of and research on cancer and which is an exempt hospital as defined in section 801-G of the Human Services Code.

"Children's hospital." A hospital that is a type of hospital excluded under 42 CFR 412.23(d) (relating to excluded hospitals: classifications) from reimbursement of certain Federal funds under the prospective payment system specified under 42 CFR Pt. 412 (relating to prospective payment systems for inpatient hospital services).

"General acute care hospital." A hospital other than a hospital that the Secretary of Human Services has determined meets one of the following:

(1) Is a type of hospital excluded under 42 CFR 412.23(a), (b), (e) or (f) from reimbursement of certain Federal funds under the prospective payment system specified under 42 CFR Pt. 412.

(2) Is a Federal veterans' affairs hospital.

(3) Is a high-volume Medicaid hospital.

(4) Provides care, including inpatient hospital services, to all patients free of charge.

(5) Is a cancer hospital.

(6) Is a children's hospital.

"High-volume Medicaid hospital." A hospital that the Secretary of Human Services has determined meets all of the following:

(1) Is a nonprofit hospital subsidiary of a State-related institution as that term is defined in 62 Pa.C.S. § 103 (relating to definitions).

(2) Has provided more than 60,000 inpatient acute care days of care to Pennsylvania medical assistance patients as reported by the hospital's State fiscal year 2018-2019 medical assistance hospital cost report on file with the Department of Human Services as of June 22, 2021.

"Net patient revenue." Gross revenues received or earned by a hospital for inpatient and outpatient hospital services, including medical assistance supplemental revenues received by the hospital for inpatient and outpatient hospital services, less any deducted amounts for bad debt expense, charity care expense and contractual allowances as identified in the hospital's records or on forms as specified by the Department of Human Services for the following:

(1) The State fiscal year commencing July 1, 2021, or a later State fiscal year, as may be specified by the Department of Human Services.

(2) The most recent State fiscal year, or part thereof, if amounts are not available under paragraph (1).

Section 1602-U. Costs of investigation and litigation under Unfair Trade Practices and Consumer Protection Law.

In addition to the other relief authorized under section 4.1 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, a court may in its discretion direct that a defendant or defendants reimburse the Commonwealth for its costs of an investigation and litigation, including attorney fees, under the Unfair Trade Practices and Consumer Protection Law.

Section 5. The act is amended by adding articles to read:

ARTICLE XVI-Y

PENNSYLVANIA MINORITY BUSINESS DEVELOPMENT AUTHORITY

Section 1601-Y. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority." The Pennsylvania Minority Business Development Authority established under section 4(a) of the act of July 22, 1974 (P.L.598, No.206), known as the Pennsylvania Minority Business Development Authority Act.

Section 1602-Y. Term of existence of authority.

Notwithstanding any other provision of law, the authority shall have an indefinite term of existence. If the authority is dissolved in accordance with State law after the effective date of this section, the following shall apply:

(1) The Commonwealth shall arrange for the payment or retirement of all bonds, debts and obligations of the authority.

(2) All property, funds and assets of the authority shall be vested in the Commonwealth.

ARTICLE XVI-Z

AGRICULTURE INNOVATION GRANT PROGRAM

Section 1601-Z. Scope of article.

This article relates to the Agriculture Innovation Grant Program.

Section 1602-Z. Purpose.

It is the intent of the General Assembly to offer reimbursement grants to promote and support agricultural innovation to ensure the competitiveness, resiliency, environmental stewardship and vitality of farms, agribusinesses and agricultural support services in this Commonwealth.

Section 1603-Z. 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 commodity." As defined in the act of June 10, 1982 (P.L.454, No.133), referred to as the Right-to-Farm Law.

"Conservation district." As defined in 3 Pa.C.S. § 503 (relating to definitions).

"Cooperative association." As defined in 3 Pa.C.S. § 4502 (relating to definitions).

"Department." The Department of Agriculture of the Commonwealth.

"Eligible applicant." An applicant that meets one of the following criteria:

(1) A person who grows an agricultural commodity and who has anticipated sales greater than $2,000 per year.

(2) A person who processes an agricultural commodity and has anticipated sales greater than $10,000 per year.

(3) A person who provides technical assistance or services to farmers for conservation, engineering, veterinary care, animal disease management, farm management, agricultural commodity production, nutrient management or similar services.

(4) A person or cooperative association that utilizes agricultural commodities to create products or energy.

"Innovation." The practical implementation of ideas that results in new products, processes or services.

"Lending institution." As defined under 3 Pa.C.S. § 603 (relating to definitions).

"Licensed doctor of veterinary medicine." A person who is currently licensed under the act of December 27, 1974 (P.L.995, No.326), known as the Veterinary Medicine Practice Act.

"Person." An individual, partnership, association, firm, corporation or any other legal entity.

"Program." The Agriculture Innovation Grant Program established under section 1604-Z.

Section 1604-Z. Agriculture Innovation Grant Program.

The Agriculture Innovation Grant Program is established within the department. The program shall be administered by the department to provide reimbursement grants to eligible applicants for costs associated with one or more of the following:

(1) Utilization of innovation to improve energy efficiency, improve water quality, reduce water consumption, reduce odors or address solid waste concerns.

(2) Utilization of innovation to improve production, processing, commercialization or utilization of agricultural commodities.

(3) Innovation that produces energy from agricultural sources, including manure, food waste or biomass.

(4) Innovation equipment that provides low-carbon or no-carbon energy sources from agricultural commodities.

(5) Innovation technology that assists eligible applicants with the management of their farms, including diagnostic tools and services.

(6) Innovation technology that assists a packer, processor or cooperative in more efficient sorting, grading or processing of agricultural commodities.

(7) Innovation that improves biosecurity or health of plants or animals.

(8) Innovation that supports cybersecurity or data analytics.

Section 1605-Z. Board (Reserved).

Section 1606-Z. Grant funds and eligibility.

(a) Innovation planning project grant.--An eligible applicant may apply for a grant to develop a strategic plan to utilize innovation to improve agricultural practices, technologies, operations or approaches within a specific business, geographic area or network. The following shall apply to a grant under this subsection:

(1) The amount of a grant shall be no less than $7,500 and no more than $50,000.

(2) A grantee must use non-State sourced matching funds equal to at least 30% of the grant amount for the project.

(b) On-site project grant.--An eligible applicant may apply for a grant for a project that focuses on implementing innovation practices, technologies or approaches on an individual farm or property producing or processing an agricultural commodity. The following shall apply to a grant under this subsection:

(1) The amount of the grant shall be no less than $5,000 and no more than $200,000.

(2) A grantee must use non-State sourced matching funds equal to at least 50% of the grant amount for the project.

(c) Regional impact project grant.--An eligible applicant may apply for a grant for a project designed to address challenges, promote efficiencies or achieve specific goals for multiple eligible applicants. The following shall apply to a grant under this subsection:

(1) The amount of the grant shall be no less than $100,000 and no more than $2,000,000.

(2) The grantee must use non-State sourced matching funds equal to at least 50% of the grant amount for the project.

(3) The project must impact two or more persons or businesses or be a cooperative association that grows, harvests, processes, packs or manages an agricultural commodity.

Section 1607-Z. Funding.

The department shall accept funds from the following sources:

(1) Money appropriated to the department for the purposes of this article.

(2) Gifts or donations of money, securities or other personal property except real estate, which, or the income of which, shall be used to carry out the purposes of this article.

Section 1608-Z. Limitation of grants.

(a) Limitation.--A grant under section 1606-Z may only be awarded to the extent money is appropriated by the General Assembly or provided by other sources.

(b) Approval of grant.--The department may approve a grant that is less than the requested amount.

(d) Reimbursement grants.--

(1) A grant awarded under section 1606-Z shall be a reimbursement grant. The amount of reimbursement shall be based on actual costs submitted by an approved eligible applicant for a project awarded a grant during any fiscal year in which grants are offered.

(2) Grant money shall not be used to reimburse any portion of an in-kind contribution to an eligible project.

(3) Grant money may not be used to pay or reimburse wages or salaries of a grant recipient or grant recipient staff.

(4) Grant money may not be used to reimburse any portion of project costs that are paid or reimbursed under another Federal or State grant program.

(e) Cap on grants.--A single eligible applicant may not be awarded more than $2,000,000 in a fiscal year.

Section 1609-Z. Applications and disposition of grants.

(a) Submission.--Applications for grants shall be submitted in a manner and on a form as prescribed by the department.

(b) Written agreement.--The department may require a written agreement describing the terms and conditions of the grant.

(d) Criteria.--The department may establish criteria under which the department may demand the return of all or a portion of the grant money.

Section 1610-Z. Regulations.

The department shall administer the provisions of this article and shall prescribe and adopt program policy guidelines or regulations to administer and enforce this article.

Section 6. The act is amended by adding a section to read:

Section 1777-A. Pennsylvania Convention Center.

(a) Extension.--The Commonwealth is authorized, through the Office of the Budget and the Department of General Services, to extend the termination date of the operating agreement until December 31, 2069.

(b) Definition.--As used in this section, the term "operating agreement" means 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.

Section 7. Section 1712-A.1(a)(2)(ii) of the act, amended December 13, 2023 (P.L.251, No.34), is 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 [and] , 2023-2024 and 2024-2025 , 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 8. Section 1713-A.1(b)(1.8) introductory paragraph and (ii)(B)(II) of the act, amended December 13, 2023 (P.L.251, No.34), are amended and the section is amended by adding a subsection to read:

Section 1713-A.1. Use of fund.

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

(1.8) For fiscal years 2021-2022, 2022-2023 [and] , 2023-2024 and 2024-2025 , 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:

(a) Seventy-five percent for pediatric cancer research institutions within this Commonwealth that are equipped and actively conducting pediatric cancer research designated by the Secretary of Health to be eligible to receive contributions. No more than $2,500,000 in a fiscal year shall be made available to any one pediatric cancer research institution.

(b) [Twenty-five] For fiscal years 2021-2022, 2022-2023 and 2023-2024, twenty-five percent for capital and equipment grants to an entity or entities engaging in biotechnology research, including an entity or entities engaging in regenerative medicine research, regenerative medicine medical technology research, hepatitis and viral research, drug research and clinical trials related to cancer, research relating to pulmonary embolism and deep vein thrombosis, genetic and molecular research for disease identification and eradication, vaccine immune response diagnostics, nanotechnology research and the commercialization of applied research, as designated by the Secretary of Health.

(c) Beginning in fiscal year 2024-2025, twenty-five percent for research grants for biomedical research institutions to research Amyotrophic Lateral Sclerosis, Alzheimer's disease, Huntington's disease, Parkinson's disease and other neurodegenerative diseases, as designated by the Secretary of Health.

(b.1) Uncommitted amounts.--Notwithstanding subsection (b)(1.8)(ii)(B)(II)(a), remaining amounts uncommitted, unencumbered or unexpended as of June 30, 2024, under subsection (b)(1.8)(ii)(B)(II)(a) from fiscal years 2021-2022 and 2022-2023 shall be allocated to pediatric cancer research institutions within this Commonwealth that are equipped and actively conducting pediatric cancer research designated by the Secretary of Health to be eligible to receive contributions but did not receive funds during these periods. Amounts shall be distributed no later than June 30, 2025, and shall be allocated equally between qualifying institutions under this subsection.

Section 9. Section 1723-A.1(a)(2)(i.8) of the act is amended by adding a clause and subsection (a)(3) is amended by adding a subparagraph to read:

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

(a) Distributions.--Funds in the fund are appropriated to the department on a continuing basis for the purposes set forth in this subsection and shall be distributed to each active and operating Category 1 licensee conducting live racing as follows:

(2) Distributions from the fund shall be allocated as follows:

(i.8) The following apply:

(D) For fiscal year 2024-2025, the sum of $5,309,000 in the fund shall be transferred to the account in equal weekly amounts sufficient to complete the total transfer by June 30, 2025.

(3) The following shall apply:

(ix) For fiscal year 2024-2025, the department shall transfer $10,425,000 from the fund to the State Racing Fund under subsection (b).

Section 9.1. Subarticle D heading of Article XVII-A.1 is amended to read:

SUBARTICLE D

MISCELLANEOUS LIMITATIONS [AND] , TRANSFERS AND REFUNDS

Section 9.2. The act is amended by adding a section to read:

Section 1739-A.1. Refund of 2009 assessment by Insurance Department.

(a) Refund.--A carrier may submit a form developed under subsection (c) to the Insurance Department for a refund of the assessment paid by the carrier as required by Notice 2010-01 published at 40 Pa.B. 498 (January 16, 2010). The amount of the refund shall equal the amount of the assessment, plus interest.

(b) Submission.--Within 30 days of the effective date of this subsection, the Insurance Department shall submit notice to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin advising carriers of the availability of a refund. The notice shall include all of the following information.

(1) The name of each carrier eligible for a refund.

(2) The names, addresses, email addresses and telephone numbers of Insurance Department officials responsible for responding to questions regarding the refund.

(3) An Internet link to the Insurance Department's form.

(4) The form submission process and the date on which forms are due to the Insurance Department.

(c) Form.--The Insurance Department shall develop the form to be used by a carrier requesting a refund. The form shall require sufficient information for the Insurance Department to verify the information submitted by the carrier.

(d) Eligibility.--To be eligible to receive a refund under this section, the carrier must submit the form by the close of business on the date established by the Insurance Department under subsection (b)(4).

(e) Issuance.--The Insurance Department shall issue a refund to the carrier within 60 days of receipt of the form for the amount of assessment verified by the Insurance Department in accordance with this section.

(f) Carriers in liquidation.--A carrier in liquidation in calendar year 2009 may not receive a refund under this section.

(g) Report.--No later than 180 days after the final refund under subsection (e) is made, the Insurance Department shall report the aggregate amount of refunds requested and made under this section to the following:

(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 Banking and Insurance Committee of the Senate.

(4) The chairperson and minority chairperson of the Insurance Committee of the House of Representatives.

(h) 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:

"Carrier." As defined in section 2 of the act of July 1, 1937 (P.L.2532, No.470), known as the Workers' Compensation Security Fund Act.

Section 9.3. Section 1712-A.2(c) heading and introductory paragraph of the act is amended and the section is amended by adding a subsection to read:

Section 1712-A.2. Clean Streams Fund.

(c) Distribution for fiscal years 2022-2023 and 2023-2024 .--[Money] For fiscal years 2022-2023 and 2023-2024, money deposited into the fund under subsection (b) shall be distributed as follows:

(d) Distribution beginning in fiscal year 2024-2025.--Beginning in fiscal year 2024-2025, money deposited into the fund under subsection (b) shall be distributed as follows:

(1) Seventy one and one-half of one percent to the State Conservation Commission established under the Conservation District Law, to implement the Agriculture Conservation Assistance Program under Article XVI-R.

(2) Twelve percent to the Pennsylvania Infrastructure Investment Authority to implement the Pennsylvania Clean Water Procurement Program under Article XVI-S.

(3) Ten percent to the Nutrient Management Fund established under 3 Pa.C.S. § 512.

(4) Four percent to the Department of Environmental Protection for grants and reimbursements to municipalities and counties under section 17 of the Storm Water Management Act.

(5) One-half of one percent to the Department of Conservation and Natural Resources for the Keystone Tree Restricted Account established under 27 Pa.C.S. § 6602.

(6) Two percent to the Acid Mine Drainage Abatement and Treatment Fund.

Section 10. Section 1742-A.2(a) of the act, added December 13, 2023 (P.L.251, No.34), is amended to read:

Section 1742-A.2. Deposits.

(a) Deposits.--From the contributions paid under section 301.4 of the Unemployment Compensation Law, [for] the following amounts shall be deposited into the fund:

(1) For the fiscal year beginning July 1, 2023, the amount to be deposited into the fund under this subsection shall be $65,000,000.

(2) For the fiscal year beginning July 1, 2024, the amount to be deposited into the fund under this subsection shall be $68,000,000.

Section 11. Section 1712-E of the act is amended by adding subsections to read:

Section 1712-E. Executive Offices.

(e) Transfers to Department of Corrections.-- The Secretary of the Budget shall have the following duties:

(1) Provide notice to the State Treasurer that money received by the Commonwealth under the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4) that was deposited in and appropriated from the COVID-19 Response Restricted Account for use by State agencies which remains unexpended, uncommitted or unencumbered as of December 20, 2024, shall be transferred by the State Treasurer to the Department of Corrections by December 30, 2024, and allocated for payroll expenses or similar expenses incurred by the Department of Corrections on or after March 3, 2021, as specified in the guidance issued by the United States Department of the Treasury.

(2) By December 31, 2024, submit a report in writing 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 concerning all transfers made under paragraph (1). The report under this paragraph shall identify each COVID-19 Response Restricted Account appropriation from which money is transferred to the Department of Corrections, the amount transferred from each appropriation, the total amount of money allocated to the Department of Corrections and any other relevant information as determined by the Secretary of the Budget.

(f) Enterprise and Technology Restricted Account.--

(1) The Enterprise and Technology Restricted Account is established in the General Fund. No later than 60 days after the effective date of this paragraph, the Secretary of the Budget shall transfer $65,000,000 to the account from money appropriated to agencies under the Governor's jurisdiction for fiscal years 2023-2024 and prior, which remains unexpended, unencumbered or uncommitted. Money in the account is appropriated on a continuing basis as follows:

(i) $38,000,000 for the Enterprise Systems Lifecycle project in the Office of the Budget.

(ii) $21,000,000 for the Commonwealth Office of Digital Experience in the Office of Administration.

(iii) $6,000,000 for the Teacher Information Management System and Professional Education Management Records System projects in the Department of Education.

(2) No later than 10 days before the transfer under paragraph (1), 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 12. Section 1718-E(a) of the act is amended by adding paragraphs 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:

(i) The department may expend up to $6,000,000 for a new animal diagnostic and testing laboratory in the western region of this Commonwealth.

(ii) The department may expend money to deploy rapid testing services and equipment to areas experiencing outbreaks or potential outbreaks of pathogens affecting avian livestock.

(iii) The department may use the money to prepare for and respond to a foreign animal disease that could impact this Commonwealth.

(iv) Money appropriated for the purpose of making highly pathogenic avian influenza indemnity payments shall not be reallocated under this paragraph.

(5) From money appropriated for Fresh Food Financing Initiative, money appropriated in the current fiscal year and unspent money from previous fiscal years shall be used to strengthen local food systems and increase market opportunities for Pennsylvania farmers by providing grants that increase the availability of fresh foods in underserved and low-income or moderate-income communities in this Commonwealth. Grants under this paragraph may be used to construct, rehabilitate or expand grocery stores, farmers' markets or retail food establishments, including any other project that may serve this purpose.

Section 13. Section 1719-E(a.2) and (a.3)(3) of the act, added December 13, 2023 (P.L.251, No.34), are amended to read:

Section 1719-E. Department of Community and Economic Development.

(a.2) [(Reserved).] Substitution.--The department may approve a substitution of one or more parcels designated under subsection (a.1) for other parcels to create a new subzone if the new subzone is substantially similar in acreage and is adjacent to the original subzone. A subzone created under this subsection shall expire on December 31, 2035. A political subdivision or the political subdivision's designee may submit an application to substitute parcels under this subsection to the department no later than September 1, 2024. An application under this subsection shall be on a form specified by the department and shall be made to the department in accordance with section 302(a)(1), (2) and (5) of the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act. The application shall include the consent of the owner of the parcel being removed from the subzone designated under subsection (a.1). The department shall certify the substitution no later than October 1, 2024. The substitution shall be deemed effective as of January 1, 2024.

(a.3) Designation.--Notwithstanding the provisions of the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, a business operating within any portion of any real property designated as a Keystone Opportunity Zone, Keystone Opportunity Expansion Zone or Keystone Opportunity Improvement Zone under the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act which would otherwise qualify as a "qualified business" as defined in the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, and any owner of any portion of the real property shall, for a time period not to expire until the actual expiration of all of the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone designations of any portion of the entire real property, be entitled to the same State tax benefits and relief afforded to such parties as if the real property in question were entirely designated as a Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone. The real property must:

(3) be entirely owned by one entity and/or an affiliate ; and

Section 13.1. Section 1724-E of the act is amended by adding a subsection to read:

Section 1724-E. Department of General Services.

(d) Quitclaim and release of conditions affecting property in the City and County of Philadelphia.--

(1) The Department of General Services, with the approval of the Governor, is hereby authorized on behalf of the Commonwealth of Pennsylvania to quitclaim and release to Programs Employing People, Inc., successor to Programs for Exceptional People, for a consideration of $1, any right, title or interest it may have with respect to certain conditions contained in the prior deed from the Commonwealth of Pennsylvania to Programs for Exceptional People and Its Successor, Programs Employing People, Inc., dated August 31, 1995, and recorded in the Department of Records of the City of Philadelphia at Deed Book 1093 Page 78, which conditions were required to be included in such deed by section 3 of the act of July 1, 1994, (P.L.387, No.60).

(2) The conditions to be released pursuant to paragraph (1) are as follows:

UNDER AND SUBJECT to the condition that any income or proceeds derived from the building conveyed hereto shall be utilized for the expansion and/or enhancement of the Community Mental Retardation Services. Utilization of said funds shall be determined by the Regional Program Manager of the Department of Public Welfare, Office of Mental Retardation Administrator and the Philadelphia County Mental Retardation Administrator. Additionally, the Secretary of Public Welfare shall give written approval of the utilization of the proceeds.

ALSO UNDER AND SUBJECT to the condition that the selling or transferring of the above property requires the prior written approval of the Secretaries of General Services and Public Welfare, their assigns or successors in function.

ALSO UNDER AND SUBJECT to the condition that no sale or other transfer of the above property shall be permitted earlier than one year following the conveyance of the same property by the Department of General Services.

(3) The property affected by the conditions referenced in paragraph (1) is described as follows:

All that certain lot and building known as 1200-2-4-6-8 South Broad Street, southwest corner of Federal Street through to South Carlisle Street with dimensions of 125 feet on South Broad Street by 178 feet 2 5/8 inches on Federal Street by 133 feet 8 inches on South Carlisle Street located in the City of Philadelphia, Philadelphia County.

Containing 23,015 square feet.

(4) The quitclaim deed and any other legal instruments necessary to effectuate the quitclaim and release of any right, title or interest the Commonwealth may have with respect to the conditions referenced in paragraph (1) shall be executed by the Secretary of General Services in the name of the Commonwealth of Pennsylvania.

(5) Any costs and fees incidental to the quitclaim and release hereby authorized shall be borne by Programs Employing People, Inc.

Section 14. Sections 1727-E(c) and 1735-E of the act are amended to read:

Section 1727-E. Department of Labor and Industry.

(c) Reemployment Fund.--[Five percent] Up to $15,000,000 of the contributions on wages paid under section 301.4 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, from July 1, 2018, through September 30, [2024] 2028 , shall be deposited each year into the Reemployment Fund to the extent the contributions are paid on or before December 31, [2024] 2028 . The department may deposit contributions in accordance with section 301.4(e)(2) of the Unemployment Compensation Law before depositing contributions in accordance with this subsection and section 301.4(e)(3) of the Unemployment Compensation Law.

Section 1735-E. Pennsylvania Emergency Management Agency.

(a) Public health emergency funds.-- The Pennsylvania Emergency Management Agency shall provide semiannual reports of all grants awarded by the Pennsylvania Emergency Management Agency from Federal disaster assistance or relief funds, homeland security and defense funds, avian flu/pandemic preparedness or other public health emergency funds to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives. The reports shall include information relating to the entity receiving grant money from the agency, including the name and address of the entity, the amount of the grant, the date of issuance and the purpose of the grant. Reports shall be submitted by August 20 for grants awarded during the period from January 1 through June 30 and by February 20 for grants awarded during the period from July 1 through December 31.

(b) Grants to fire companies and emergency medical services companies.--

(1) Notwithstanding 35 Pa.C.S. § 7813(c)(2) (relating to award of grants), the State Fire Commissioner may extend the application period under 35 Pa.C.S. § 7813(c)(2) for up to 45 additional days for a fire company, upon request by the fire company, if the fire company demonstrates hardship or undue burden that prevents the fire company from submitting a completed application within the application period specified under 35 Pa.C.S. § 7813(c)(2). A fire company must request an extension of the application period under 35 Pa.C.S. § 7813(c)(2) within 30 days of the date of the end of the application period. The State Fire Commissioner shall have sole discretion to determine whether a fire company has demonstrated hardship or undue burden under this paragraph.

(2) Notwithstanding 35 Pa.C.S. § 7823(c)(2) (relating to award of grants), the State Fire Commissioner may extend the application period under 35 Pa.C.S. § 7823(c)(2) for up to 45 additional days for an EMS company, upon request by the EMS company, if the EMS company demonstrates hardship or undue burden that prevents the EMS company from submitting a completed application within the application period specified under 35 Pa.C.S. § 7823(c)(2). An EMS company must request an extension of the application period under 35 Pa.C.S. § 7823(c)(2) within 30 days of the date of the end of the application period. The State Fire Commissioner shall have sole discretion to determine whether an EMS company has demonstrated hardship or undue burden under this paragraph.

(3) The authority of the State Fire Commissioner to award grants under 35 Pa.C.S. Ch. 78 Subchs. B (relating to Fire Company Grant Program) and C (relating to Emergency Medical Services Grant Program) shall expire December 31, 2029.

Section 15. Section 1753.2-E(b), (c), (d), (h) and (k) of the act, added December 13, 2023 (P.L.251, No.34), are amended and the section is amended by adding a subsection to read:

Section 1753.2-E. Commonwealth Financing Authority.

(b) Eligibility.--The following improvement projects shall be eligible for grants under this section:

(1) Roof repairs and roof replacement.

(2) Heating, ventilation and air conditioning equipment.

(3) Boilers and controls.

(4) Plumbing systems.

(5) Energy saving projects.

(6) Health and safety upgrades, including lead and asbestos abatement or remediation and the purchase and maintenance of automated external defibrillators.

(7) Emergencies.

(8) Accessibility projects in accordance with standards under 42 U.S.C. Ch. 126 (relating to equal opportunity for individuals with disabilities).

(9) Internet connectivity, not including purchasing educational technology hardware or software.

(10) Demolition projects.

(11) Window repairs and window replacement.

(12) Other projects approved by the authority.

(13) For applications for grant awards received after July 1, 2025, projects that abate or remediate environmental hazards, including the abatement or remediation of lead in water sources, asbestos and mold in accordance with the guidelines of a school entity.

(b.1) Solar for schools eligibility.--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.

(1) The authority shall develop a process through which school entities may submit applications for grant awards and post the application on its publicly accessible Internet website.

(2) An application for an improvement project shall either:

(i) fall under a single eligibility type identified in subsection (b) and involve one or more school buildings; or

(ii) encompass one or more eligibility types identified in subsection (b) and be confined to one school building.

(3) A qualifying application shall have costs related to the eligible improvement project of at least $500,000. The authority may waive this paragraph for the purchase of automated external defibrillators under subsection (b)(6).

(4) A qualifying application shall include an indication that the school entity received three qualified bids or estimates for the improvement project. This paragraph shall expire June 30, 2025.

(5) There shall be no limitation on the number of applications for different improvement projects a school entity may submit in a fiscal year.

[(d) Funding rubric.--The authority, in consultation with the department, shall develop a rubric to prioritize grant awards under this section. The rubric shall consider all of the following:

(1) School entity wealth.

(2) Building conditions, including the age of the building.

(3) Emergencies.

(4) Health, safety and security.]

(h) Funding.--

(1) No later than 60 days after the effective date of this paragraph, the Secretary of the Budget shall transfer to the authority $100,000,000 appropriated under the act of August 3, 2023 (P.L.471, No.1A), known as the General Appropriation Act of 2023, to the Department of Education for a Level-Up Supplement.

(2) Except in the case of an emergency improvement project, the authority shall conduct a single vote to approve or disapprove the recommended slate of improvement projects.

(3) The authority shall ensure a geographic distribution of grants in the recommended slate of improvement projects.

(4) From money transferred to the authority in fiscal year 2024-2025 for Transfer to Public School Facility Improvement Grant Program - Commonwealth Financing Authority, the following shall apply:

(i) $75,000,000 shall be used in addition to the money appropriated in fiscal year 2023-2024 to make awards from applications received during the fiscal year 2023-2024.

(ii) $25,000,000 shall be used to fund projects recommended by the department under subsection (b.1).

(k) Quorum.--A vote of the authority to [develop a rubric under subsection (d),] adopt guidelines under subsection (j) and to approve projects under this section shall be made in accordance with 64 Pa.C.S. § 1512(d)(1) (relating to board).

Section 15.1. The act is amended by adding a section to read:

Section 1753.3-E. Mixed-Use Revitalization Program.

(a) Establishment.--The Mixed-Use Revitalization Program is established within the authority to:

(1) Increase corridor mixed-use development.

(2) Maximize the leveraging of private and public resources.

(3) Foster sustainable partnerships committed to addressing community needs.

(4) Ensure that program resources are used to meet community needs effectively and efficiently.

(5) Provide funding in the form of grants and loans to projects that involve the acquisition, redevelopment and revitalization of distressed, unoccupied and blighted properties, including existing and former malls and similar commercial properties.

(a.1) Transfer.--From money appropriated for the Building Pennsylvania Program, the sum of $10,000,000 shall be transferred to the authority for the purpose established in subsection (a)(5).

(b) Eligibility.--To be eligible for program funding, a developer must commit matching funds of at least 20% of the total funding request for which the developer is applying under the program.

(c) Rules and guidelines.--The board shall develop guidelines to govern the application and rules of the program. The board shall solicit input from developers to maximize the economic impact and utilization of the program prior to the approval of the guidelines.

(d) Money.--The following shall apply:

(1) A grant awarded under the program shall not exceed more than twice the matching funds provided by a developer. The authority may provide money in the form of a loan to a developer in addition to money awarded as a grant.

(2) For a loan under paragraph (1), the board shall consider the amount of matching funds provided by a developer when determining loan repayment terms under the program.

(e) Use of American-made supplies.--A developer shall use best efforts to utilize American-made supplies in any development that uses money received from the program.

(f) Other funding sources.--A developer may combine funds awarded under the program with other funding sources from available Federal, State, local or county programs.

(g) Reporting.--The authority shall provide a report containing a list of the developments funded through the program by July 1, 2026, to:

(1) The Governor.

(2) The Auditor General.

(3) The chairperson and minority chairperson of the Urban Affairs and Housing Committee of the Senate and the chairperson and minority chairperson of the Housing and Community Development Committee of the House of Representatives.

(4) The chairperson and minority chairperson of the Community, Economic and Recreational Development Committee of the Senate and the chairperson and minority chairperson of the Commerce Committee of the House of Representatives.

(h) 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:

"American-made." Produced, manufactured, mined, grown or performed in the United States. For the purposes of this definition, produced or manufactured shall mean assembled in a location within the United States.

"Authority." The Commonwealth Financing Authority established in 64 Pa.C.S. § 1511 (relating to authority).

"Board." The board of the Commonwealth Financing Authority established in 64 Pa.C.S. § 1512 (relating to board).

"Developer." A person or business entity with a demonstrated history of advancing commercial or mixed-use redevelopment projects.

"Development." A planned commercial and mixed-use project that:

(1) is situated on at least 15 acres of property; and

(2) contains at least 200,000 square feet of proposed development that has not received a certificate of occupancy as of the effective date of this paragraph.

"Mixed-use development." A community revitalization project that promotes economic growth and shall include commercial assets and may include residential development opportunities and is zoned accordingly.

"Program." The Mixed-Use Revitalization Program established under subsection (a).

Section 16. Section 1781-E of the act is amended by adding subsections to read:

Section 1781-E. Supreme Court.

(c) Annual increase in costs.--Notwithstanding 42 Pa.C.S. § 1725.1(f)(1) (relating to costs), the provisions of 42 Pa.C.S. § 1725.1(f)(1) shall expire January 1, 2040.

(d) Costs in magisterial district judge proceedings.--Notwithstanding 42 Pa.C.S. § 3571(c)(4) (relating to Commonwealth portion of fines, etc.), the provisions of 42 Pa.C.S. § 3571(c)(4) shall expire January 1, 2040.

Section 17. Sections 1798.1-E and 1798.3-E(d) of the act, amended December 13, 2023 (P.L.251, No.34), are amended to read:

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

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

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

(i) The Federal Government.

(ii) The Commonwealth.

(2) Tax-exempt real property acquired by the Federal Government or by the Commonwealth for the purpose of preserving, perpetuating and maintaining any portion of the original forests of this Commonwealth as public places and parks.

(3) Real property:

(i) which is acquired for the purpose of conservation of water or the prevention of flood conditions; and

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

(b) Charge.-- Except as provided under subsection (f), 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) [Two dollars and forty cents] 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 [$1.20] $1.80 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) [Two dollars and forty cents] 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 [$1.20] $1.80 shall be paid from money available under 4 Pa.C.S. § 1403.

(iii) [Two dollars and forty cents] 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 Conservation and Natural Resources and [$1.20] $1.80 shall be paid from money available under 4 Pa.C.S. § 1403.

(2) For land owned by the Pennsylvania Game Commission or the Pennsylvania Fish and Boat Commission, real property under subsection (a) shall be subject to an annual charge of all of the following:

(i) [Two dollars and forty cents] Three dollars per acre for the benefit of each county where the real property is located. [Forty cents] One dollar shall be paid by the Commonwealth agency which owns the property and $2 shall be paid from money available under 4 Pa.C.S. § 1403.

(ii) [Two dollars and forty cents] Three dollars per acre for the benefit of the schools in each school district where the real property is located. [Forty cents] One dollar shall be paid by the Commonwealth agency which owns the property and $2 shall be paid from money available under 4 Pa.C.S. § 1403.

(iii) [Two dollars and forty cents] Three dollars per acre for the benefit of the township where the real property is located. [Forty cents] One dollar shall be paid by the Commonwealth agency which owns the property and $2 shall be paid from money available under 4 Pa.C.S. § 1403.

(3) The charge under paragraph (1) shall be payable by the Commonwealth before September 2.

(1) Except as set forth in paragraph (2), the annual charge payable by the Commonwealth on real property under subsection (a)(1)(i) shall continue only until the receipt of money by treasurers and township supervisors of the political subdivisions under subsection (b)(1), in accordance with the act of April 27, 1925 (P.L.324, No.185), entitled "An act for the distribution by the Commonwealth and counties to townships and school districts of moneys received from the United States from Forest Reserves within the Commonwealth," equals or exceeds the amount paid by the Commonwealth in lieu of taxes.

(2) Paragraph (1) shall not apply to the following:

(i) The annual charge per acre for the benefit of the county where real property under subsection (a)(1)(i) is located for calendar years 1953, 1954, 1955 and 1956.

(ii) The amount of $0.025 of the annual charge per acre for the benefit of the county where the real property under subsection (a)(1)(i) is located for each year after 1956.

(3) The Commonwealth shall annually pay the charges exempted under paragraph (2).

(d) Certification.--Upon application of the treasurer or township supervisor, the Secretary of Conservation and Natural Resources shall certify to the respective counties, school districts and townships where real property under subsection (a) is located and to the State Treasurer:

(1) the number of acres owned by the Federal Government and by the Commonwealth in the political subdivision; and

(2) the charge against the real property.

(e) Payment.--The State Treasurer shall pay to political subdivisions under subsection (d) the amount due under subsection (b) upon:

(1) requisition of the Secretary of Conservation and Natural Resources; and

(2) application by the appropriate treasurer or township supervisors.

(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 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:

(1) The amounts in subsection (b) may not be increased by more than 10%.

(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 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 under subsection (b)(2) and the funding available under 4 Pa.C.S. § 1403 in the same proportions as specified in subsection (b)(2).

Section 1798.3-E. Multimodal Transportation Fund.

(d) Expiration.--This section shall expire December 31, [2024] 2025 .

Section 18. The act is amended by adding a section 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.

Section 19. Section 1730-F.3(5)(x) of the act, added December 13, 2023 (P.L.251, No.34), is amended to read:

Section 1730-F.3. Department of Human Services.

The following apply to appropriations for the Department of Human Services:

(5) The following shall apply to amounts appropriated for medical assistance fee-for-service:

(x) No less than $1,250,000 shall be distributed to a [cancer treatment center in a township of the second class with a population between 16,000 and 25,000 according to the most recent Federal decennial census in a county of the third class with a population between 350,000 and 370,000 according to the most recent Federal decennial census.] hospital in a city of the second class in a county of the second class that has between 500 and 530 patient beds.

Section 19.1. Section 1733-F.3 of the act is amended to read:

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

The following apply for appropriations for the Department of Transportation:

(1) From money appropriated for transportation and multimodal improvement projects:

(i) $80,500,000 shall be transferred to the Public Transportation Trust Fund and allocated by the Secretary of Transportation for use as follows:

(A) 86.76% of the transferred amount shall be added to monies available in the fund under 74 Pa.C.S. § 1513 (relating to operating program).

(B) 13.24% of the transferred amount shall be added to monies available in the fund under 74 Pa.C.S. § 1516 (relating to programs of Statewide significance).

(ii) Remaining money shall be used for local transportation and multimodal improvement projects.

(2) (Reserved).

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

ARTICLE XVII-H

2024-2025 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-H. Applicability.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2024 and all other appropriation acts of 2024.

Section 1702-H. 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 2024." The act of July 11, 2024 (P.L. , No.1A), known as the General Appropriation Act of 2024.

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

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

"Secretary." The Secretary of the Budget of the Commonwealth.

"TANFBG." Temporary Assistance for Needy Families Block Grant.

Section 1703-H. (Reserved).

Section 1704-H. (Reserved).

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-H. Governor (Reserved).

Section 1712-H. Executive offices.

The following apply to appropriations for the executive offices:

(1) The following apply to money appropriated for the Pennsylvania Commission on Crime and Delinquency:

(i) No less than the amount used in the 2014-2015 fiscal year shall be used to support the Statewide Automated Victim Information and Notification System (SAVIN) to provide offender information through county jails.

(ii) No less than the amount used in the 2014-2015 fiscal year shall be used for a residential treatment community facility for at-risk youth located in a county of the fifth class.

(iii) From the amount appropriated, $400,000 shall be used for an innovative police data sharing pointer index system that will allow participating law enforcement agencies access to incident report data.

(iv) From the amount appropriated, $700,000 shall be used for a diversion program for first-time nonviolent offenders facing prison sentences. The diversion program must include education and employment services, case management and mentoring.

(v) No less than $3,000,000 shall be available as a pilot program to offset costs incurred by a city of the first class and a county of the second class A that is also a home rule county in connection with hiring additional assistant district attorneys designated as a Special United States Attorney by a United States Attorney's office through participation in the Project Safe Neighborhoods program and who will exclusively prosecute crimes under 18 U.S.C. § 922(g) (relating to unlawful acts).

(vi) $500,000 shall be used to support a Statewide child predator unit.

(vii) $500,000 shall be used for training and equipment needs to support improvements in the identification, investigation and prosecution of 18 Pa.C.S. § 6312 (relating to sexual abuse of children).

(viii) No less than $1,750,000 shall be used for nonnarcotic medication substance use disorder treatment for eligible offenders, which shall include the establishment and administration of a nonnarcotic medication assisted substance grant program to provide annual grants to county corrections institutions. As used in this subparagraph, the term "eligible offender" means a defendant or inmate convicted of a criminal offense who will be committed to the custody of the county and who meets the clinical criteria for an opioid or alcohol use disorder as determined by a physician.

(ix) No less than $2,000,000 shall be distributed to a nonprofit organization specified in 61 Pa.C.S. § 3512 (relating to definitions) 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.

(x) (Reserved).

(2) From money appropriated for violence and delinquency prevention programs:

(i) No less than the amount used in the 2014-2015 fiscal year shall be used for programs in a city of the second class.

(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 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.

Section 1712.1-H. Office of the Budget (Reserved).

Section 1713 -H. Lieutenant Governor (Reserved).

Section 1714 -H. Attorney General.

The following apply to appropriations to the Attorney General:

(1) The sum of $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 $3,110,308 shall be distributed to the Attorney General for costs associated with a joint local-State firearm task force in a city of the first class.

(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 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 restricted account established under 42 Pa.C.S. § 5803 (relating to asset forfeiture).

Section 1715 -H. Auditor General (Reserved).

Section 1716 -H. Treasury Department (Reserved).

Section 1717 -H. Department of Aging (Reserved).

Section 1718-H. Department of Agriculture.

The following apply to appropriations for the Department of Agriculture:

(1) From money appropriated for general government operations, the following apply:

(i) (Reserved).

(ii) No less than $250,000 shall be used for the Commission for Agricultural Education Excellence to assist in the development and implementation of agricultural education programming.

(2) From money appropriated for agricultural preparedness and response, the following shall apply:

(i) No less than $25,000,000 shall be used for the following costs associated with preparing for and responding to an outbreak of highly pathogenic avian influenza:

(A) Grants to assist with income losses and costs associated with workforce payroll and benefits, mortgage interest and rent payments, utility payments, costs of delayed repopulating and reopening facilities and other losses or costs associated with response not otherwise eligible for or covered by Federal funding, insurance, contracts or other funding sources.

(B) The establishment and operations of a highly pathogenic avian influenza rapid response team. The amount utilized under this clause may not exceed $2,000,000.

(ii) No less than $6,000,000 shall be used for costs incurred by the Pennsylvania Animal Diagnostic Laboratory System in preparing for and responding to an outbreak of highly pathogenic avian influenza.

(3) From money appropriated for agricultural excellence, no less than $1,400,000 shall be used for beef excellence supported programs and initiatives.

(4) From money appropriated for agricultural research, the following apply:

(i) No less than $300,000 shall be used for an agricultural resource center.

(ii) No less than $100,000 shall be used for agricultural law research programs, including those addressing energy development, in conjunction with a land-grant university.

(5) From money appropriated for hardwoods research and promotion, at least 80% of the money shall be equally distributed among the hardwood utilization groups of this Commonwealth established prior to the effective date of this section.

(6) Money appropriated for the Animal Health and Diagnostic Commission shall be equally distributed to the animal diagnostic laboratory system laboratories located at land-grant university and at a school of veterinary medicine located within this Commonwealth.

Section 1719-H. Department of Community and Economic Development.

The following apply to appropriations for the Department of Community and Economic Development:

(1) From money appropriated for general government operations, no less than $1,900,000 shall be used to support a manufacturing technology development effort, to assist Pennsylvania small businesses with enhanced cyber security and to test coal ash refuse extraction of rare earth metals for domestic chip manufacturing in a county of the fourth class with a population of at least 130,000, but not more than 135,000, under the most recent Federal decennial census.

(2) From money appropriated for marketing to attract tourists, $19,315,000 shall be used to fund the activities of the tourism office within the department, including Statewide marketing efforts. Remaining funding shall include additional allocation 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.

(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) (Reserved).

(9) 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 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.

(10) Money appropriated for community and economic assistance shall include an allocation to provide State assistance in the form of grants to assist in community and economic development, including projects in the public interest.

(11) (Reserved).

(12) Money appropriated for workforce development shall be distributed in the same proportion as distributed in fiscal year 2022-2023.

Section 1720 -H. Department of Conservation and Natural Resources.

The following apply to appropriations for the Department of Conservation and Natural Resources:

(1) (Reserved).

(2) Money appropriated for parks, forests and recreation projects shall be used for grants for projects to enhance parks, forests and recreation activities.

Section 1721 -H. Department of Corrections (Reserved).

Section 1722 -H. Department of Drug and Alcohol Programs (Reserved).

Section 1723-H. 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 5% over the amount paid in fiscal year 2023-2024.

(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 develop and administer a program to subsidize the cost of high school equivalency testing that leads to a Commonwealth secondary school diploma credential for individuals who meet requirements established by the department.

(3) Notwithstanding any other provision of law, the appropriation for pupil transportation may not be redirected for any purpose.

(4) For money appropriated for Pennsylvania Chartered 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) $2,000,000 is included for capital-related costs and deferred maintenance to be divided equally between each school.

(5) Notwithstanding any other provision of law, the amount of money set aside under section 2509.8 of the Public School Code of 1949 shall be allocated to each approved private school with a day tuition 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 the 2015-2016 fiscal year.

(6) Money appropriated for regional community college services shall be distributed to each entity that received funding in fiscal year 2022-2023 in an amount equal to the amount received in that fiscal year.

(7) Notwithstanding any other provision of law, money appropriated for community education councils shall be distributed in a manner that each community education council which received funding in fiscal year 2022-2023 shall receive an amount equal to the amount received in that fiscal year.

(7.1) From money appropriated for Parent Pathways, the Department of Education shall expand the Parent Pathways Learning Network Pilot Program to assist parenting students in pursuing postsecondary pathways to postsecondary degree or certificate completion. The Department of Education shall provide financial and technical assistance to postsecondary institutions to remove barriers to postsecondary degree or certificate completion and increase access to family-sustaining wages and in-demand occupations.

(8) (Reserved).

(9) (Reserved).

(10) (Reserved).

(11) (Reserved).

(12) (Reserved).

(13) (Reserved).

(14) (Reserved).

(15) (Reserved).

(16) (Reserved).

(17) (Reserved).

(18) (Reserved).

(19) (Reserved).

(20) (Reserved).

(21) (Reserved).

(22) (Reserved).

(23) (Reserved).

(24) Money appropriated for job training and education programs shall be used for grants for job training, dual enrollment or educational programs.

(25) Money appropriated for mobile science and mathematics education programs shall be used for grants to support mobile science and mathematics education programs.

Section 1724 -H. Department of Environmental Protection.

From Federal money appropriated for IRA - Solar For All, no money shall be encumbered, committed or expended unless authorized by State law on or after the effective date of this section.

Section 1725 -H. Department of General Services.

From money appropriated to the Department of General Services for Capitol fire protection, the City of Harrisburg shall use the money to support the provisions of fire services to the Capitol complex.

Section 1726-H. Department of Health.

The following apply to appropriations for the Department of Health:

(1) From money appropriated for general government operations, sufficient money is included for the coordination of donated dental services.

(2) (Reserved).

(3) From money appropriated for primary health care practitioner, the following apply:

(i) No less than $3,451,000 shall be used for Primary Care Loan Repayment Grant Awards.

(ii) No less than $1,500,000 shall be used for the Pennsylvania Academy of Family Physicians Family Medicine Residency Expansion Program.

(iii) No less than $1,300,000 shall be used for the Pennsylvania Academy of Family Physicians Family Medicine 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 each grantee received in the 2022-2023 fiscal year.

(4) Money appropriated for services for children with special needs shall be distributed to grantees in the same proportion as distributed in fiscal year 2019-2020.

(5) From money appropriated for adult cystic fibrosis and other chronic respiratory illnesses, the following apply:

(i) No less than $212,000 shall be used for a program promoting cystic fibrosis research in a county of the second class.

(ii) No less than $106,000 shall be used for research related to childhood cystic fibrosis in a city of the first class with a hospital that is nationally accredited as a cystic fibrosis treatment center and specializes in the treatment of children.

(iii) Any money not used under subparagraph (i) or (ii) shall be distributed to grantees in the same proportion as distributed in fiscal year 2019-2020.

(6) Money appropriated for diagnosis and treatment for Cooley's anemia shall be distributed to grantees in the same proportion as distributed in fiscal year 2019-2020.

(7) Money appropriated for hemophilia services shall be distributed to grantees in the same proportion as distributed in fiscal year 2019-2020.

(8) Money appropriated for lupus programs shall be distributed proportionately to each entity that received funding in fiscal year 2018-2019.

(9) From money appropriated for sickle cell anemia services, including camps for children with sickle cell anemia, the following shall apply:

(i) Grantees which received amounts in fiscal year 2019-2020 shall receive an amount which is in the same proportion as distributed in fiscal year 2019-2020.

(ii) $75,000 shall be distributed to a qualifying academic medical center located in a county of the third class with a population between 280,000 and 300,000 under the most recent Federal decennial census for expanded care of adult sickle cell disease.

(10) Money appropriated for Lyme disease includes $1,000,000 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.

(11) Money appropriated for biotechnology research shall include allocations for regenerative medicine research, for regenerative medicine medical technology, for hepatitis and viral research, for drug research and clinical trials related to cancer, for genetic and molecular research for disease identification and eradication, for vaccine immune response diagnostics, for nanotechnology and for the commercialization of applied research.

Section 1727 -H. Insurance Department (Reserved).

Section 1728-H. Department of Labor and Industry.

The following apply to appropriations to the Department of Labor and Industry:

(1) From money appropriated for Industry Partnerships, no less than the amount allocated in the 2014-2015 fiscal year shall be used for a work force development program that links veterans with employment in a home rule county that is a county of the second class A.

(2) (Reserved).

Section 1729 -H. Department of Military and Veterans Affairs (Reserved).

Section 1730-H. 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) Notwithstanding any other provision of law, 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 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.

(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 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) Notwithstanding any other law, money appropriated for medical assistance payments for fee-for-service care, exclusive of inpatient services provided through capitation plans, shall include sufficient money for two separate All Patient Refined Diagnostic Related Group payments for inpatient acute care general hospital stays for:

(A) normal newborn care; and

(B) mothers' obstetrical delivery.

(iv) No less than $405,000 shall be used for cleft palates and other craniofacial anomalies.

(v) No less than $800,000 shall be distributed to a hospital for clinical ophthalmologic services located in a city of the first class.

(vi) (Reserved).

(vii) No less than $5,000,000 shall be distributed to a hospital in a city of the third class in a home rule county that is a county of the second class A, provided that services and specialties available on the effective date of this paragraph must remain available until July 1, 2025, and compliance with any other requirements imposed by the Department of Human Services. The Department of Human Services may recoup funds from any hospital failing to meet the conditions under this paragraph.

(viii) No less than $2,000,000 shall be distributed to a university located in a city of the first class to research the impact of trauma-informed programs on community violence prevention and health disparities.

(ix) No less than $3,000,000 shall be distributed to an enrolled outpatient therapy service provider located in a city of the second class in a county of the second class that provides behavioral health and medical rehabilitation pediatric outpatient services.

(x) No less than $1,250,000 shall be distributed to a hospital in a city of the second class in a county of the second class that has between 500 and 530 patient beds.

(xi) 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, 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.

(6) To supplement the money appropriated to the department for medical assistance for workers with disabilities, in addition to the monthly premium under section 1503(b)(1) of the act of June 26, 2001 (P.L.755, No.77), known as the Tobacco Settlement Act, the department may adjust the percentage of the premium upon approval of the Centers for Medicare and Medicaid Services as authorized under Federal requirements. Failure to make payments in accordance with this paragraph or section 1503(b)(1) of the Tobacco Settlement Act shall result in the termination of medical assistance coverage.

(7) Qualifying physician practice plans that received money for fiscal year 2017-2018 shall not receive less than 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 2024 in accordance with 35 Pa.C.S. § 8107.3 (relating to funding) not used to make payments to hospitals qualifying as Level III trauma centers or seeking accreditation as Level III trauma centers shall be used to make payments to hospitals qualifying as Levels I and II trauma centers.

(9) Qualifying academic medical centers that received money for fiscal year 2017-2018 shall receive the same amount from the State appropriation made available to those academic medical centers during fiscal year 2017-2018.

(10) Money appropriated for medical assistance transportation shall only be utilized as a payment of last resort for transportation for eligible medical assistance recipients.

(11) (Reserved).

(12) From money appropriated for medical assistance long-term living:

(i) No less than the amount distributed in the 2014-2015 fiscal year shall be distributed to a county nursing home located in a home rule county that 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) $5,000,000 shall be distributed to a nonpublic nursing home located in a county of the eighth class with more than 119 beds and a Medicaid acuity at 1.11 as of August 1, 2022, to ensure access to necessary nursing home care in that county.

(iv) An additional $500,000 shall be paid in equal payments to nursing facilities which remain open as of the effective date of this section that qualified for supplemental ventilator care and tracheostomy care payments in fiscal year 2014-2015 with a percentage of medical assistance recipient residents who required medically necessary ventilator care or tracheostomy care greater than 90%.

(v) 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 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.

(13) From money appropriated for medical assistance long-term living and medical assistance Community HealthChoices, subject to Federal approval, sufficient money shall be allocated to provide a 7.04% annualized rate increase, effective January 1, 2025, that is calculated in accordance with section 1602-T, section 443.1 of the Human Services Code and 55 Pa. Code Chs. 1187 (relating to nursing facility services) and 1189 (relating to county nursing facility services).

(13.1) From money appropriated for MA - Community HealthChoices:

(i) On or after July 1, 2024, $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.

(ii) On or after July 1, 2024, $1,500,000 shall be distributed to a nonprofit 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.

(13.2) From money appropriated for long-term care managed care, $7,500,000 is included to provide a rate increase for life program providers, beginning January 1, 2025.

(14) From money appropriated for autism intervention and services:

(i) $600,000 shall be allocated to a behavioral health facility located in a county of the fifth class with a population between 140,000 and 145,000 under the most recent Federal decennial census and shall be distributed to a health system that operates both a general acute care hospital and a behavioral health facility that has a center for autism and developmental disabilities located in a county of the fifth class with a population between 140,000 and 145,000 under the most recent Federal decennial census;

(ii) $300,000 shall be allocated to an institution of higher education that provides autism education and diagnostic curriculum located in a city of the first class that operates a center for autism in a county of the second class A;

(iii) $300,000 shall be allocated to an institution of higher education that provides autism education and diagnostic curriculum and is located in a county of the second class;

(iv) no less than the amount distributed in the 2014-2015 fiscal year shall be allocated for programs to promote the health and fitness of persons with developmental disabilities located in a city of the first class; and

(v) $600,000 shall be allocated for an entity that provides alternative educational services to individuals with autism and developmental disabilities in the county which was most recently designated as a county of the second class A.

(15) (Reserved).

(16) (Reserved).

(17) (Reserved).

(18) Money appropriated for breast cancer screening may be used for women's medical services, including noninvasive contraception supplies.

(19) From the appropriation for 2-1-1 Communications, $750,000 shall be allocated for a Statewide 2-1-1 System Grant Program.

(20) The appropriation for services for the visually impaired shall include the following:

(i) an allocation of $4,084,000 for a Statewide professional services provider association for the blind to provide training and supportive services for individuals who are blind and preschool vision screenings and eye safety education; and

(ii) an allocation of $618,000 to provide specialized services and prevention of blindness services in cities of the first class.

(21) The provisions of 8 U.S.C. §§ 1611 (relating to aliens who are not qualified aliens ineligible for Federal public benefits), 1612 (relating to limited eligibility of qualified aliens for certain Federal programs) and 1642 (relating to verification of eligibility for Federal public benefits) shall apply to payments and providers.

(22) (Reserved).

(23) The Department of Human Services shall not add non-medically necessary services to the Medical Assistance Program that would result in the need for a supplemental appropriation without the approval of the General Assembly. Each proposed service shall be outlined in the Governor's Executive Budget or subsequent updates provided in writing to the General Assembly.

(24) (Reserved).

(25) 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.

(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 2024, or information provided previously under this paragraph.

Section 1731 -H. Department of Revenue (Reserved).

Section 1732-H. Department of State (Reserved).

Section 1733-H. Department of Transportation (Reserved).

Section 1734-H. Pennsylvania State Police (Reserved).

Section 1735-H. Pennsylvania Emergency Management Agency.

The following shall apply to appropriations for the Pennsylvania Emergency Management Agency:

(1) Money appropriated for search and rescue programs shall be used to support programs related to training working service dogs focusing on rescue and public safety.

(2) Money appropriated for the State Fire Commissioner includes funding for a Statewide recruitment and retention coordinator and regional technical advisors to develop, implement and deliver recruitment and retention training programs and provide technical assistance to local fire organizations and local governments.

(3) Money appropriated for State disaster assistance shall be used to provide individual disaster recovery assistance to assist in the recovery from emergencies and nonfederally declared disasters. Amounts under this paragraph may be used for critical needs assistance and to repair damage to residential properties not compensated by insurance or any other funding sources. The Pennsylvania Emergency Management Agency shall develop guidelines to implement this paragraph and submit the guidelines to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

(4) 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 Chapter 2 of the act of December 16, 2002 (P.L.1967, No.227), known as the Counterterrorism Planning, Preparedness and Response Act. Money distributed under this paragraph shall be used for equipment, equipment storage and training 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.

Section 1736-H. State-related universities (Reserved).

Section 1737-H. State System of Higher Education (Reserved).

Section 1738-H. Pennsylvania Higher Education Assistance Agency.

The following shall apply to appropriations for the Pennsylvania Higher Education Assistance Agency:

(1) The Pennsylvania Higher Education Assistance Agency shall allocate $500,000 from the Higher Education Assistance Fund for the Cheyney University Keystone Academy.

(2) From money appropriated for payment of education assistance grants, the amount of $1,000,000 shall be allocated to a State-owned university located in Tioga County for merit scholarships.

(3) From money appropriated for Pennsylvania Internship Program grants, funds may be used for internship and seminar programs.

Section 1739-H. Thaddeus Stevens College of Technology.

The following shall apply to appropriations for the Thaddeus Stevens College of Technology:

(1) From funds appropriated for Thaddeus Stevens College of Technology, the President of the college shall cause to be prepared and submitted to the Secretary of Education, the President pro tempore of the Senate, the Speaker of the House of Representatives, the Majority Leader and the Minority Leader of the Senate, the Majority Leader and the Minority Leader of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives a comprehensive report outlining the use of funds appropriated, to specifically include the strategies and use of funds to expand student enrollment.

(2) (Reserved).

Section 1740-H. Pennsylvania Historical and Museum Commission (Reserved).

Section 1741-H. Environmental Hearing Board (Reserved).

Section 1742-H. Health Care Cost Containment Council (Reserved).

Section 1743-H. State Ethics Commission (Reserved).

Section 1744 -H . Commonwealth Financing Authority (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1751-H. Legislative Reference Bureau (Reserved).

Section 1752-H. Legislative Budget and Finance Committee (Reserved).

Section 1753-H. Legislative Data Processing Committee (Reserved).

Section 1754-H. Joint State Government Commission (Reserved).

Section 1755-H. Local Government Commission (Reserved).

Section 1756-H. Legislative Audit Advisory Commission (Reserved).

Section 1757-H. Independent Regulatory Review Commission (Reserved).

Section 1758-H. Capitol Preservation Committee (Reserved).

Section 1759-H. Pennsylvania Commission on Sentencing (Reserved).

Section 1760-H. Center for Rural Pennsylvania (Reserved).

Section 1761-H. Commonwealth Mail Processing Center (Reserved).

Section 1762-H. Legislative Reapportionment Commission (Reserved).

Section 1763-H. Independent Fiscal Office (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1771-H. Supreme Court (Reserved).

Section 1772-H. Superior Court (Reserved).

Section 1773-H. Commonwealth Court (Reserved).

Section 1774-H. Courts of common pleas (Reserved).

Section 1775-H. Community courts; magisterial district judges (Reserved).

Section 1776-H. Philadelphia Municipal Court (Reserved).

Section 1777-H. Judicial Conduct Board (Reserved).

Section 1778-H. Court of Judicial Discipline (Reserved).

Section 1779-H. Juror cost reimbursement (Reserved).

Section 1780-H. County court reimbursement (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-I

2024-2025 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-I. Applicability.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2024 and all other appropriation acts of 2024.

Section 1702 -I. 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 2024." The act of July 11, 2024 (P.L. , No.1A), known as the General Appropriation Act of 2024.

Section 1703-I. 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 shall include sufficient money for the establishment of the Alzheimer's, Dementia and Related Disorders Office.

Section 1704 -I. Tobacco Settlement Fund (Reserved).

Section 1705-I. Judicial Computer System Augmentation Account (Reserved).

Section 1706-I. Emergency Medical Services Operating Fund (Reserved).

Section 1707-I. The State Stores Fund (Reserved).

Section 1708-I. Motor License Fund (Reserved).

Section 1709-I. Aviation Restricted Account (Reserved).

Section 1710-I. Hazardous Material Response Fund (Reserved).

Section 1711-I. Milk Marketing Fund (Reserved).

Section 1712-I. HOME Investment Trust Fund (Reserved).

Section 1713-I. Tuition Account Guaranteed Savings Program Fund (Reserved).

Section 1714-I. Banking Fund (Reserved).

Section 1715-I. Firearm Records Check Fund (Reserved).

Section 1716 -I. Ben Franklin Technology Development Authority Fund (Reserved).

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

Section 1718 -I. Home Improvement Account (Reserved).

Section 1719 -I. Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund (Reserved).

Section 1720 -I. Insurance Regulation and Oversight Fund (Reserved).

Section 1721 -I. Pennsylvania Race Horse Development Restricted Receipts Account (Reserved).

Section 1722 -I. Justice Reinvestment Fund (Reserved).

Section 1723 -I. Multimodal Transportation Fund (Reserved).

Section 1724 -I. State Racing Fund (Reserved).

Section 1725 -I. ABLE Savings Program Fund (Reserved).

Section 1726 -I. Tourism Promotion Fund (Reserved).

Section 1727 -I. Enhanced Revenue Collection Account (Reserved).

Section 1728 -I. (Reserved).

Section 1729 -I. Opioid Settlement Restricted Account (Reserved).

Section 1730 -I. COVID-19 Response Restricted Account (Reserved).

Section 1731 -I. Pennsylvania Preferred ® Trademark and Pennsylvania Preferred Organic® 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 1732-I. Agricultural Conservation Easement Purchase Fund.

(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 p roviding for the administration of certain Commonwealth farmland within the Department of Agriculture," the department may use up to a total of $165,000 in the Agricultural Conservation Easement Purchase Fund under section 7.1 of the act of June 18, 1982 (P.L.549, No.159), to issue grants not to exceed $5,000 each for succession planning to ensure that agricultural operations continue on land subject to agricultural conservation easements. The department, in consultation with the State Agricultural Land Preservation Board, shall establish eligibility criteria for awarding grants under this section.

(2) (Reserved).

Section 1732.1-I. Gaming Economic Development and Tourism Fund.

The following shall apply:

(1) Notwithstanding the provisions of 4 Pa.C.S. Pt. II (relating to gaming) and the act of July 9, 2008 (P.L.908, No.63), known as the H2O PA Act, $6,000,000 is appropriated from the Gaming Economic Development and Tourism Fund to the Department of General Services to meet additional payment obligations for the project itemized in section 3(2)(i)(D) of the act of July 25, 2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic Development and Tourism Fund Capital Budget Itemization Act of 2007.

(2) The sum of $5,000,000 is appropriated from the Pennsylvania Gaming Economic Development Fund to the Sports, Marketing and Tourism account for use by the department in accordance with section 1722-A.2(d)(2).

Section 1733-I. 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.).

(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.

(3) Ridesharing/Van Pool Program - Acquisition.

(h) Pennsylvania Emergency Management Agency.--The following restricted receipt accounts may be established for the Pennsylvania Emergency Management Agency:

(1) Receipts from Federal Government - Disaster Relief - Disaster Relief Assistance to State and Political Subdivisions.

(2) (Reserved).

(i) Pennsylvania Historical and Museum Commission.--The following restricted receipt accounts may be established for the Pennsylvania Historical and Museum Commission:

(1) Federal Grant - National Historic Preservation Act.

(2) (Reserved).

(j) Executive offices.--The following restricted receipt accounts may be established for the executive offices:

(1) Retired Employees Medicare Part D.

(2) Justice Assistance.

(3) Juvenile Accountability Incentive.

(4) Early Retiree Reinsurance Program.

Section 1734-I. Fund transfers.

(a) Environmental Stewardship Fund.--From money received under the authority of Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the sum of $9,944,000 shall be transferred to the Environmental Stewardship Fund.

(b) Well Plugging Restricted Revenue Account.--Notwithstanding any other provision of law, $5,000,000 shall be transferred from the Waste Transportation Safety Account to the Well Plugging Restricted Revenue Account.

(c) Crime Victim Services and Compensation Fund.--Notwithstanding any other provision of law, $5,000,000 of the money transferred to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) (relating to transfers from State Gaming Fund) shall be transferred to the Crime Victim Services and Compensation Fund.

ARTICLE XVIII

STREAMLINING PERMITS FOR ECONOMIC EXPANSION

AND DEVELOPMENT PROGRAM

Section 1801. Scope of article.

This article relates to the expedited review of permit applications submitted to the department.

Section 1802. 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:

"Applicant." An entity listed under section 1803(f) that submits an application to the permitting entity under section 1803(e).

"Department." The Department of Environmental Protection of the Commonwealth.

"Eligible permit." A permit identified by the department as eligible for the program under section 1803(c).

"Permit decision." The issuance or denial of a permit.

"Permit decision timeline." One of the following:

(1) the total number of business days allotted for review of an eligible permit in Final Technical Guidance document 021-2100-001, notice of which was published in the Pennsylvania Bulletin on November 3, 2012, as directed by executive order 2012-l, known as the Permit Decision Guarantee;

(2) the total number of business days allocated for review of an eligible permit as determined by the department, if not included in the notice under paragraph (1); or

(3) the total number of business days agreed to between the applicant and permitting entity.

"Permitting entity." Either of the following:

(1) The department.

(2) A county conservation district with a valid delegation agreement with the department to conduct reviews of permits to conduct earth disturbance activities issued under 25 Pa. Code Ch. 102 (relating to erosion and sediment control).

"Priority review." Heightened review in which a decision to issue or deny an eligible permit application shall be rendered within 10 business days of the expiration of the permit decision timeline by the Regional Director or Bureau Director overseeing that permitting program or the applicable county conservation district.

"Program." The Streamlining Permits for Economic Expansion and Development Program established under section 1803(a).

"Qualified professional." An individual who satisfies the requirements under section 1803(d).

"Tolling period." The time period commencing on the date that the permitting entity sends a notice that the application is incomplete or technically deficient under section 1803(i) and ending on the date when the permitting entity receives the applicant's resubmitted application.

Section 1803. The Streamlining Permits for Economic Expansion and Development Program.

(a) Establishment.--The Streamlining Permits For Economic Expansion And Development Program is established within the department to provide an expedited review process for eligible permits.

(b) Process.--Within 60 days of the effective date of this subsection, the department, in consultation with the Department of General Services, shall establish a process to, and within 90 days shall, issue requests for proposals to engage qualified professionals to provide expedited reviews of eligible permits.

(c) Eligible permit.--A permit identified by the department as eligible for the program, including, but not limited to, the following:

(1) A State-only plan approval to:

(i) construct, assemble, install or modify any stationary air contamination source; or

(ii) install on a stationary air contamination source any air pollution control equipment or device issued under section 6.1 of the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act or 25 Pa. Code § 127.11 (relating to plan approval requirements).

(2) An individual or general permit to conduct earth disturbance activities issued under 25 Pa. Code Ch. 102 (relating to erosion and sediment control).

(3) An individual permit issued under 25 Pa. Code Ch. 105 (relating to dam safety and waterway management) that:

(i) includes cumulative impacts to waters of the United States that are eligible for authorization by the department under the United States Army Corps of Engineers Pennsylvania State Programmatic General Permit-6 (PASPGP-6), or a successor general permit; or

(ii) authorizes the construction or modification of a dam as defined in section 3 of the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act.

(d) Qualified professional.--An individual who:

(1) is a professional engineer, land surveyor, geologist, landscape architect or other licensed professional who may be necessary to review applications under the review program;

(2) has five years of relevant permitting experience in this Commonwealth;

(3) holds all required professional licenses as required by law;

(4) has not been convicted of, or pled guilty to:

(i) an environmental crime, or a similar or related criminal offense under Federal or State law; or

(ii) a crime involving fraud, theft by deception, forgery or a similar or related criminal offense under Federal or State law;

(5) has not had a professional license revoked by a State licensing board or any other professional licensing agency within the previous 10 years; and

(6) agrees to be responsible for the qualified professional's costs if the qualified professional does not perform the initial review according to the timeline and other requirements of subsection (h).

(e) Application.--An applicant for an eligible permit may request to participate in the program. The applicant seeking to participate in the program shall, in a form and manner as prescribed by the department:

(1) indicate an intent to participate in the program;

(2) agree to pay all costs associated with the expedited review of an eligible permit; and

(3) submit a completed application to the permitting entity.

(f) Eligible applicant.--A person, corporation, municipality, municipal authority, political subdivision, Federal or State agency or other legal entity may submit an application under subsection (e).

(g) Qualified professional selection.--

(1) Within 10 business days of receiving a request to participate in the program, the permitting entity shall:

(i) If there are more than 10 eligible and available qualified professionals, provide the applicant with a list of three qualified professionals from which to select a qualified professional to conduct an initial permit review.

(ii) If there are more than 1 and less than 10 eligible and available qualified professionals, select a qualified professional to conduct an initial permit review.

(2) Prior to agreeing to perform an initial permit review, the qualified professional shall certify to the department, in a form and manner prescribed by the department, that the qualified professional:

(i) has not performed services for the applicant within three years of the date of submission of the permit application; and

(ii) does not have any other conflict of interest that may prohibit the qualified professional from performing the initial permit review.

(3) The permit decision timeline shall commence on the day following the qualified professional's submission of the certification required under paragraph (2).

(h) Initial permit review.--The qualified professional shall conduct an initial comprehensive review of the eligible permit, which shall:

(1) Be subject to all standards, technical specifications, scope of review and other requirements as required by the department.

(2) Be conducted on a timeline established by the department that will enable a permit decision within the permit decision timeline.

(3) Be in accordance with all applicable Federal and State laws and regulations, including applicable Federal and State laws and regulations to protect public health, safety and the environment.

(4) Include a recommendation as to the permit decision, which shall include:

(i) a list of deficiencies, if any; and

(ii) an analysis of the basis for the recommendation and supporting documentation as required by the department.

(5) Be subjected to the final review of the permitting entity in accordance with subsection (i).

(i) Final review and permit decision.--Upon completion of an initial permit review under subsection (h), the permitting entity shall review the recommendation of the qualified professional and take any additional action needed prior to making a final permit decision. The following shall apply:

(1) If the permitting entity reviews the application and the recommendation of the qualified professional and determines that the application is complete and not technically deficient, the permitting entity shall complete the final review and make a final permit decision regarding an eligible permit under the program within the permit decision timeline.

(2) If the permitting entity reviews the application and the recommendation of the qualified professional and determines that the application is incomplete or technically deficient, the permitting entity shall notify the applicant in writing or by electronic means of all of the following:

(i) The statute or regulation that requires a correction or additional information within the application.

(ii) The reasons why the application does not conform with the statute or regulation specified under subparagraph (i) in clear language that is readily understandable by a layperson.

(iii) The correction or additional information needed for the permitting entity to issue the permit.

(3) Failure by the permitting entity to issue a permit decision within the permit decision timeline shall result in the application immediately being subject to priority review, unless waived by the applicant.

(4) Failure by the department to issue a permit decision by the conclusion of the priority review period shall result in a refund to the applicant equal to the actual costs of the qualified professionals review and total permit fees paid by the applicant, unless waived by the applicant.

(5) Failure by the conservation district to issue a permit decision by the conclusion of the priority review period shall result in a refund to the applicant equal to the total permit fees paid by the applicant, unless waived by the applicant.

(6) Failure by the permitting entity to issue a permit decision by the conclusion of the priority review period shall constitute a permitting entity decision subject to the Environmental Hearing Board's jurisdiction under section 4 of the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act. The following shall apply:

(i) Upon a properly filed appeal of the permitting entity's decision not to issue a permit by the conclusion of the priority review period, the Environmental Hearing Board may hold a hearing and issue an adjudication consistent with the Environmental Hearing Board's practice and procedure under 25 Pa. Code Ch. 1021 (relating to practice and procedure) and may remand the matter back to the permitting entity to make a permit decision by a specified date.

(ii) The Environmental Hearing Board's review in the appeal under subparagraph (i) shall be limited to the permitting entity's decision not to issue permits within the allotted timeline under this section.

(iii) The Environmental Hearing Board shall set any appeal brought under this section for expedited consideration.

(7) The permit decision timeline shall not include more than two tolling periods during the permitting entity's final review, unless waived by the applicant.

(8) If the permitting entity denies a permit, the permitting entity shall notify the applicant in writing or by electronic means of the procedure an applicant is required to employ to initiate an appeal of an adverse permitting entity decision.

(j) Actual costs for expedited review.--The applicant shall pay the actual costs, as determined by the department, of the expedited review. The following shall apply:

(1) The actual costs shall be based on an hourly rate charged by the qualified professional and the number of hours required to perform the expedited review or a set fee charged by the qualified professional.

(2) The applicant must pay all other applicable fees associated with the eligible permit.

(3) Each year, the department shall publish the hourly rates or set fees of the qualified professional engaged under subsection (b).

Section 1804. Tracking system for permit application.

(a) Establishment.--The department shall establish, maintain and make available a secure tracking system for applications submitted electronically to the department to allow applicants to track the status of applications. The tracking system shall be published on the department's publicly accessible Internet website within 180 days of the effective date of legislation fully funding the development of the secure tracking system.

(b) Notice.--Within five business days after receiving an application, the department shall notify an applicant in writing or by electronic means that the application was received and provide information instructing the applicant in the utilization of the tracking system established under subsection (a).

(1) The processing timeline for each permit, the statutory and regulatory authority and the department's policy establishing the processing timeline.

(2) The dates associated with the receipt of each permit, completeness review, technical review, priority review, if necessary, and the final permit decision.

(3) The identity and contact information for the department contact assigned to answer questions about the application process.

Section 1805. Construction.

Nothing in this article shall be construed to:

(1) limit or otherwise alter the department's authority to revoke a permit for failure to comply with the laws of this Commonwealth; or

(2) require the department to operate the program in violation of Federal law or regulation.

ARTICLE XVIII-A

PENNSYLVANIA STRATEGIC INVESTMENTS TO

ENHANCE SITES (PA SITES) PROGRAM

Section 1801-A. Scope of article.

This article relates to the Pennsylvania Strategic Investments to Enhance Sites (PA SITES) Program.

Section 1802-A. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority." The Pennsylvania Economic Development Financing Authority.

"Bond." A type of revenue obligation, including a bond or series of bonds, note, certificate or other instrument, issued by the authority for the benefit of the department under this article.

"Bond administrative expenses." Expenses incurred to administer bonds issued by the authority under this article as provided under the Financing Law or as otherwise necessary to ensure compliance with Federal or State law.

"Bond obligations." The principal of a bond and any premium and interest payable on a bond issued by the authority under this article, together with any amount owed under a related credit agreement or a related resolution of the authority authorizing a bond, including refunding bonds.

"Commonwealth Financing Authority." The authority created under 64 Pa.C.S. Ch. 15 (relating to Commonwealth Financing Authority).

"Comprehensive real estate plan." A plan or feasibility study for a prospective site which may include the best future use of a current parcel or parcels for best economic growth opportunities for redevelopment or new development.

"Credit agreement." A loan agreement, a revolving credit agreement, an agreement establishing a line of credit, a letter of credit or another agreement that enhances the marketability, security or creditworthiness of a bond.

"Department." The Department of Community and Economic Development of the Commonwealth.

"Economic development organization." A nonprofit organization whose mission is to advance the economic development needs of a locality or region.

"Eligible applicant." One of the following entities located within this Commonwealth:

(1) a municipality;

(2) an economic development organization;

(3) a redevelopment authority;

(4) a municipal authority;

(5) an industrial development agency; or

(6) a for-profit organization.

"Eligible projects." Any of the following:

(1) The development of a comprehensive real estate plan.

(2) The development of industrial sites that provide for the relocation or expansion of businesses to or within this Commonwealth.

(3) The development, or conversion, of buildings or land for mixed-use development.

"Financing Law." The act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law.

"Fund." The PA SITES Fund established under section 1806-A.

"Industrial development agency." As defined under section 3 of the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act.

"Multimodal Transportation Funding Program." A program authorized under 74 Pa.C.S. Ch. 21 (relating to Multimodal Fund).

"Municipal authority." A body corporate and politic created under 53 Pa.C.S. Ch. 56 (relating to municipal authorities); the former act of June 28, 1935 (P.L.463, No.191), known as the Municipality Authorities Act of one thousand nine hundred and thirty-five; or the former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945.

"Municipality." A county, city, borough, incorporated town, township or home rule municipality.

"Office." The Office of the Budget of the Commonwealth.

"PA Small Water and Sewer Program." The program established in section 1774.1-A.

"Program." The Pennsylvania Strategic Investments To Enhance Sites Program or PA SITES Program established under section 1808-A.

"Redevelopment authority." A public body and a body corporate and politic created and organized under the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.

Section 1803-A. Bond issuance.

(a) Declaration of policy.--The General Assembly finds and declares that funding the development of sites for businesses to locate or expand within this Commonwealth by assisting in reduction of development risk, including interest, through the authority, is in the best interest of this Commonwealth.

(b) Authority.--Notwithstanding any other law, the following shall apply:

(1) The department, with the prior approval of the office, may be a project applicant under the Financing Law and may apply to the authority for money from the program. The Commonwealth Financing Authority may be a project applicant under the Financing Law and may apply to the authority for money to fund projects that the Commonwealth Financing Authority may fund under the Multimodal Transportation Funding Program and to fund projects under the PA Small Water and Sewer Program.

(2) The authority may issue bonds under the Financing Law, consistent with this article, to finance: the program which will provide funds for regional planning efforts as well as the redevelopment, reuse or revitalization of a previously utilized site for future use by businesses or others or the development of an undeveloped site in this Commonwealth; projects under the Multimodal Transportation Funding Program; and, projects under the PA Small Water and Sewer Program.

(1) Bonds issued under this article shall not be a debt or liability of the Commonwealth and shall not create or constitute any indebtedness, liability or obligation of the Commonwealth.

(2) Bond obligations and bond administrative expenses shall be payable solely from money pledged or available for repayment as authorized under this article. This paragraph shall include the proceeds of the issuance of bonds.

(3) Each bond shall contain on its face a statement that:

(i) the authority is obligated to pay the principal or interest on the bonds only from the money pledged or available for repayment as authorized under this article;

(ii) neither the Commonwealth nor any political subdivision is obligated to pay the principal or interest; and

(iii) neither the full faith and credit of the Commonwealth or any political subdivision is pledged to the payment of the principal or interest on the bonds.

Section 1804-A. Criteria for bond issuance.

(a) Issuance.--Bonds may be issued in one or more series, and each series may finance: loans and reimbursement grants by the department under the program; grants that the Commonwealth Financing Authority may make under the Multimodal Transportation Funding Program; and, grants the Commonwealth Financing Authority may make under the PA Small Water and Sewer Program.

(b) Terms.--

(1) The department, with the approval of the office, shall specify in the department's application to the authority:

(i) the maximum principal amount of the bonds for each bond issue; and

(ii) the maximum term of the bonds consistent with applicable laws.

(2) The total aggregate principal amount for all bonds issued under this article may not exceed $500,000,000.

(3) The term of the bonds issued under this article may not exceed 30 years from the respective date of original issuance, excluding refunding bonds.

Section 1805-A. Issuance of bonds, pledge, service agreement and security.

(a) Issuance.--The authority shall issue bonds upon approval of an application by the department. Bonds issued under this article shall be subject to the provisions of the Financing Law, unless otherwise specified in this article.

(b) Service agreement authorized.--

(1) The authority, the Commonwealth Financing Authority and the department may enter into an agreement or service agreement to effectuate this article, under which the department and the Commonwealth Financing Authority shall agree to pay the bond obligations and bond administrative expenses to the authority in each fiscal year that the bonds or refunding bonds are outstanding in amounts sufficient to timely pay in full the bond obligations, bond administrative expenses and any other financing costs due on the bonds issued for the purposes specified in this article.

(2) The department's and the Commonwealth Financing Authority's payment of bond obligations, bond administrative expenses and other financing costs due on the bonds as service charges under an agreement or service agreement shall be subject to and dependent upon the appropriation of funds by the General Assembly to the department and the Commonwealth Financing Authority for payment of the service charges. The service agreements may be amended or supplemented by the authority, the Commonwealth Financing Authority, and the department in connection with the issuance of a series of bonds or refunding bonds authorized under this section.

(c) Security.--Bond obligations and bond administrative expenses may be secured for the benefit of the holders of the bonds and the obligees under credit agreements or the agreements under subsection (b), by pledge of a security interest in the following:

(1) Money relating to the bonds held on deposit in any other fund or account under an instrument or agreement pertaining to the bonds, including bond reserves and interest income on the money.

(2) The security provided under this subsection shall not apply to money in any fund relating to arbitrage rebate obligations.

Section 1806-A. Establishment of fund, sale of bonds and deposit.

(a) Establishment of fund.--The PA SITES Fund is established in the State Treasury as a restricted account.

(b) Sale of bonds.--The authority shall offer the bonds or each series of bonds, including refunding bonds, for sale by a public, competitive sale or a negotiated sale based on the authority's determination of which method will produce the most benefit to the Commonwealth.

(c) Deposit of bond proceeds.--The net proceeds of the bonds or each series of bonds, other than refunding bonds, exclusive of costs of issuance, reserves and any other financing charges, shall be deposited into the fund. Up to $400,000,000 of proceeds shall be deposited into a subaccount with the fund to be administered by the authority or the department pursuant to this article, and $100,000,000 of proceeds shall be deposited into a subaccount within the fund to be administered by the Commonwealth Financing Authority pursuant to this article.

(d) Deposit of repayments and other money.--Money received from the recapture of grants or as loan repayments received under the program or money otherwise made available to the program shall be deposited into the fund and made available for additional grants and loans under section 1808-A.

Section 1807-A. Use of bond proceeds.

(a) Order.--Upon issuance of bonds, the proceeds shall be applied in the following order:

(1) pay the costs of issuance of the bonds, including any refunding bonds;

(2) fund bond reserves;

(3) refund outstanding bonds, if applicable;

(4) make any other deposit required under any instrument or agreement pertaining to the bonds; and

(5) deposit the balance into the subaccounts within the fund for the department and the Commonwealth Financing Authority.

(b) Application of balance.--The bond proceeds deposited under subsection (a)(5) are appropriated to and shall be expended by the department and by the Commonwealth Financing Authority as follows:

(1) For the department to make program grants and loans to approved eligible applicants under section 1808-A from the respective subaccount within the fund.

(2) From the $100,000,000 in the subaccount for use by the Commonwealth Financing Authority:

(i) $50,000,000 for grants through the Multimodal Transportation Fund Program.

(ii) $50,000,000 for grants through the PA Small Water and Sewer Program.

(3) For the expenses in the administration of the program, the department and the Commonwealth Financing Authority may use an amount not to exceed 0.2% of the bond proceeds in the aggregate over the life of the program drawn proportionally from both subaccounts within the fund.

(4) The department may not expend more than the following from proceeds of the fund:

(i) In fiscal year 2024-2025, no more than $125,000,000.

(ii) In fiscal year 2025-2026, no more than $175,000,000 plus any unexpended money available from the 2024-2025 fiscal year.

(iii) In fiscal year 2026-2027, no more than $100,000,000 plus any unexpended money available from 2024-2025 or 2025-2026 fiscal years.

Section 1808-A. PA SITES Program.

(a) Establishment, administration and purpose.--

(1) The Pennsylvania Strategic Investments To Enhance Sites Program or PA SITES Program is established in the department.

(2) The department shall administer the program to provide grants and loans to approved eligible applicants for eligible projects from the bond proceeds deposited in the department's subaccount within the fund.

(3) No less than fifteen percent of the proceeds in the subaccount shall be used for loans.

(b) Eligible projects.--The department may award a grant or loan to an approved eligible applicant for the following costs of an eligible project:

(1) Acquisition of land and buildings, rights of way and easements.

(2) The construction or rehabilitation of one or more of the following:

(i) Storm water drainage systems.

(ii) Energy infrastructure that supports the generation and distribution of power and any end uses necessitated by the site, including, but not limited to, heating, cooling or energy used as an input for manufacturing.

(iii) Sanitary sewer systems, including, but not limited to, the construction or repair of sewage collection lines and sewage treatment facilities, including proration of costs for needed off-site facilities.

(iv) Water supply facilities, including, but not limited to, construction or repair of ground water sources, water lines and water storage and treatment facilities, including proration of costs for needed off-site facilities.

(v) Transportation facilities directly affecting the site of the proposed development, including:

(A) on-site and off-site road improvements;

(B) traffic signals;

(D) sidewalks;

(E) bridges;

(F) rails, including, but not limited to, the construction or rehabilitation of spurs, signals, crossings and intermodal facilities; and

(G) port-related facilities, including, but not limited to, dredging, docking facilities, bulkheads and intermodal facilities.

(vi) Facilities for the transmission of information, including, but not limited to, telephone lines, fiber- optic telecommunications lines and towers for wireless communications.

(3) Demolition of existing structures at the site and removal of abandoned foundations at the site.

(4) The department may provide grant or loan money for the rehabilitation of existing on-site buildings if the eligible applicant can demonstrate that the potential for site reuse will be greater with the existing structure or structures.

(5) The clearing and preparation of land for construction.

(6) Environmental site assessment and remediation.

(7) Related engineering, design and inspection costs.

(8) Signage, landscaping and street lighting.

(9) Administrative costs, permit fees, legal costs and expenses for other professional services not to exceed five percent of the total grant or loan award.

(10) Costs associated with the development of a comprehensive real estate plan.

(d) Department responsibilities.--The department shall:

(1) Develop written guidelines for the administration of the program to be published on the department's publicly accessible Internet website.

(2) Develop a certification program which verifies the site readiness of marketed sites across this Commonwealth.

(3) Develop a written competitive application and application process for the program. The grant and loan processes and application shall be available on the department's publicly accessible Internet website.

(4) Develop a grant agreement for the program that includes provisions requiring an eligible applicant to return any unused or improperly used grant money to the Commonwealth.

(5) Develop loan documentation for the program consistent with this article.

(e) Evaluation criteria.--The department shall evaluate program applications on the following criteria:

(1) The eligible applicant's need for program funding for the eligible project.

(2) The feasibility of the proposed project, including whether the eligible applicant can complete the project with the available funding, including the proposed non-State source matching funds and the program grant or loan.

(3) The marketability of the site once the site has been fully developed.

(4) The need for developed business-ready sites in the community or surrounding area.

(5) The increased employment opportunities resulting from the project in the community or the surrounding area.

(6) The amount and sources of non-State source matching money proposed to be invested in the project by the eligible applicant.

(7) The eligible applicant's demonstration of site control.

(8) The proposed time frame for commencement and completion of the project.

(9) Other criteria specified by the department in the program application that the department deems necessary to conduct a full evaluation of program applications.

Section 1809-A. Payment of bond obligations and bond administrative expenses.

(a) PA SITES Debt Service Restricted Account.--The PA SITES Debt Service Restricted Account is established in the General Fund for the purpose of paying all bond obligations due on bonds issued by the authority under this article and all related bond administrative expenses due each fiscal year, including refunding bonds. Money deposited into the restricted account is appropriated to the department for the payment of bond obligations due on the bonds issued under this article, including refunding bonds, and bond administrative expenses of the department or the authority, or the Commonwealth Financing Authority in connection with the bonds.

(b) Transmission of amount to General Assembly.--For each fiscal year in which bond obligations and bond administrative expenses will be due, the authority and the Commonwealth Financing Authority shall notify the department of the amount of bond obligations and the estimated amount of bond expenses in sufficient time to permit the department to request an appropriation sufficient to pay all bond obligations and bond administrative expenses that will be due and payable in the following fiscal year. The authority's calculation, and the Commonwealth Financing Authority's calculation, of the bond obligations and bond administrative expenses shall both be subject to verification by the department.

(c) Annual deposit.--All monies appropriated to the department by the General Assembly for the payment of bond obligations and bond administrative expenses for the term of the bonds, including refunding bonds, shall be deposited in the PA SITES Debt Service Restricted Account.

Section 1810-A. Commonwealth not to impair bond-related obligations.

The Commonwealth shall not do any of the following while each bond or series of bonds, together with interest on the bonds, are outstanding and have not been fully met and discharged:

(1) Limit or alter the rights and responsibilities of the authority, the Commonwealth Financing Authority, or the department under this article, including the responsibility to:

(i) pay bond obligations and bond administrative expenses; and

(ii) comply with any other instrument or agreement pertaining to bonds.

(2) Alter or limit the service agreement or security interest.

(3) Impair the rights and remedies of the holders of bonds.

Section 1811-A. No personal liability.

The members, directors, officers and employees of the department, the office, the authority, and the Commonwealth Financing Authority shall not be personally liable as a result of good faith exercise of the rights and responsibilities granted under this article.

Section 1812-A. Annual report.

No later than March 1 of the year following the first full year in which bonds have been issued under this article and for each year thereafter in which bond obligations existed in the prior year, the department shall submit an annual report to the chair and minority chair of the Appropriations Committee of the Senate, the chair and minority chair of the State Government Committee of the Senate, the chair and minority chair of the Appropriations Committee of the House of Representatives and the chair and minority chair of the State Government Committee of the House of Representatives providing all data available on bonds issued or existing in the prior year. The report shall include existing and anticipated bond principal, interest and administrative costs, revenue, repayments, refinancing, overall benefits to counties and any other relevant data, facts and statistics that the department believes necessary in the content of the report. The Commonwealth Financing Authority shall cooperate with the department and the authority in the preparation of all reports and requests required under this article.

Section 1813-A. Expiration.

The authorization to issue bonds, other than refunding bonds, under this article shall expire two years from the effective date of this section.

ARTICLE LXXX

FISCAL SUPPLEMENTS TO STATUTORY PROGRAMS

SUBARTICLE A

(Reserved)

SUBARTICLE B

TOWNSHIPS OF THE FIRST CLASS

Section 8011. Enhanced fire service in eligible townships of the first class.

(a) Authorization.--Notwithstanding section 1709(a)(2)(i), (ii) and (iii) of the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, an eligible township may, by ordinance, levy an annual tax not exceeding 10 mills and appropriate the revenue collected from the tax for the following purposes:

(1) Building and maintaining suitable places for the housing of fire apparatus.

(2) Purchasing, maintaining and operating fire apparatus.

(3) Making appropriations to fire companies located inside or outside of the eligible township.

(4) Contracting with adjacent municipalities or volunteer fire companies in adjacent municipalities for fire protection.

(5) Training of fire personnel and payments to fire training schools and centers.

(6) The purchase of land upon which to erect a fire house.

(7) The erection and maintenance of a fire house or fire training school and center.

(8) Paying salaries, benefits or other compensation of fire suppression employees of the eligible township or a fire company serving the eligible township.

(b) Notice.--Within 14 days of approving an ordinance levying an annual tax as authorized under subsection (a), the eligible township shall provide a copy of the ordinance to the Office of the State Fire Commissioner and the Local Government Commission.

(c) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible township." Any township of the first class that is located in a county of the second class A that is contiguous to a city of the first class.

"Municipality." As defined in section 102 of The First Class Township Code.

Section 8012. Enhanced emergency services in eligible townships of the first class.

(a) Authorization.--Notwithstanding section 1709(a)(7)(i) and (ii) and (c) of the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, an eligible township may, by ordinance, levy an annual tax not exceeding five mills and appropriate the revenue collected from the tax for the following purposes:

(1) Supporting ambulance, rescue and other emergency services serving the eligible township.

(2) Paying salaries, benefits or other compensation of employees of an ambulance, rescue or other emergency service serving the eligible township.

(b) Notice.--Within 14 days of approving an ordinance levying an annual tax as authorized under subsection (a), the eligible township shall provide a copy of the ordinance to the Department of Health and the Local Government Commission.

(c) Definition.--As used in this section, the term "eligible township" means any township of the first class that is located in a county of the second class A that is contiguous to a city of the first class.

Section 8013. Report by Local Government Commission.

The Local Government Commission shall conduct a study on the impact of the annual taxes levied under sections 8011(a) and 8012(a) and the delivery and utilization of fire and emergency services. The Local Government Commission shall conduct the study no later than three years after the effective date of this section. No later than six months after conducting the study, the Local Government Commission shall submit a report on the study to all of the following:

(1) The Majority Leader and Minority Leader of the Senate.

(2) The Majority Leader and Minority Leader of the House of Representatives.

(3) The chairperson and minority chairperson of the Local Government Committee of the Senate.

(4) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the Senate.

(5) The chairperson and minority chairperson of the Local Government Committee of the House of Representatives.

(6) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the House of Representatives.

SUBARTICLE C

TOWNSHIPS OF THE SECOND CLASS

Section 8021. Enhanced fire services in eligible townships of the second class.

(a) Authorization.--Notwithstanding section 3205(a)(4)(i) and (ii) of the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, an eligible township may, by ordinance, levy an annual tax not exceeding 10 mills and appropriate the revenue collected from the tax for the following purposes:

(1) Purchasing and maintaining fire apparatus and a suitable place to house fire apparatus.

(2) Making appropriations to fire companies located inside and outside the eligible township.

(3) Training of fire company personnel and for fire training schools or centers.

(4) Contracting with adjacent municipal corporations or volunteer fire companies in adjacent municipal corporations for fire protection.

(5) Paying salaries, benefits or other compensation of fire suppression employees of the eligible township or a fire company serving the eligible township.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible township." Any township of the second class that is located in a county of the second class A that is contiguous to a city of the first class.

"Municipal corporation." As defined in section 102 of The Second Class Township Code.

Section 8022. Enhanced emergency services in eligible townships of the second class.

(a) Authorization.--Notwithstanding section 3205(a)(8)(i) and (ii) of the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, an eligible township may, by ordinance, levy an annual tax not exceeding five mills and appropriate the revenue collected from the tax for the following purposes:

(1) Supporting ambulance, rescue and other emergency services serving the eligible township.

(2) Paying salaries, benefits or other compensation of employees of the ambulance, rescue or other emergency service.

(b) Notice.--Within 14 days of approving an ordinance levying an annual tax as authorized under subsection (a), the eligible township shall provide a copy of the ordinance to the Department of Health and the Local Government Commission.

(c) Definition.--As used in this section, the term "eligible township" means any township of the second class that is located in a county of the second class A that is contiguous to a city of the first class.

Section 8023. Report by Local Government Commission.

The Local Government Commission shall conduct a study on the impact of the annual taxes levied under sections 8021(a) and 8022(a) and the delivery and utilization of fire and emergency services. The Local Government Commission shall conduct the study no later than three years after the effective date of this section. No later than six months after conducting the study, the Local Government Commission shall submit a report on the study to all of the following:

(1) The Majority Leader and Minority Leader of the Senate.

(2) The Majority Leader and Minority Leader of the House of Representatives.

(3) The chairperson and minority chairperson of the Local Government Committee of the Senate.

(4) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the Senate.

(5) The chairperson and minority chairperson of the Local Government Committee of the House of Representatives.

(6) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the House of Representatives.

SUBARTICLE D

BOROUGHS

Section 8031. Enhanced fire services in eligible boroughs.

(a) Authorization.--Notwithstanding 8 Pa.C.S. § 1302(a)(6)(i) and (ii) (relating to tax levy), any eligible borough may, by ordinance, levy an annual tax not exceeding 10 mills and appropriate the revenue collected from the tax for the following purposes:

(1) Purchasing fire engines, fire apparatus and fire hose for the use of the eligible borough or for assisting a fire company in the eligible borough in the purchase, renewal or repair of the fire company's fire engines, fire apparatus or fire hose.

(2) Making appropriations to fire companies both within or outside the eligible borough and contracting with adjacent municipalities or volunteer fire companies in adjacent municipalities for fire protection.

(3) Training of fire personnel and payments to fire training schools and centers.

(4) Purchasing land upon which to erect a firehouse or for the erection and maintenance of a firehouse or fire training school and center.

(5) Paying salaries, benefits or other compensation of fire suppression employees of the eligible borough or a fire company serving the eligible borough.

(b) Notice.--Within 14 days of approving an ordinance levying an annual tax as authorized under subsection (a), the eligible borough shall provide a copy of the ordinance to the Office of the State Fire Commissioner and the Local Government Commission.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible borough." Any borough that is located in a county of the second class A that is contiguous to a city of the first class.

"Municipality." As defined in 8 Pa.C.S. § 101.1 (relating to definitions).

Section 8032. Enhanced emergency services in eligible boroughs.

(a) Authorization.--Notwithstanding the provisions of 8 Pa.C.S. § 1302(a)(9) and (e) (relating to tax levy), an eligible borough may, by ordinance, levy an annual tax not exceeding five mills and appropriate the revenue collected from the tax for the following purposes:

(1) Supporting ambulance, rescue and other emergency services serving the eligible borough.

(2) Paying the salaries, benefits or other compensation of employees of the ambulance, rescue or other emergency service.

(b) Notice.--Within 14 days of approving an ordinance levying an annual tax as authorized under subsection (a), the eligible borough shall provide a copy of the ordinance to the Department of Health and the Local Government Commission.

(c) Definition.--As used in this section, the term "eligible borough" means a borough that is located in a county of the second class A that is contiguous to a city of the first class.

Section 8033. Report by Local Government Commission.

The Local Government Commission shall conduct a study on the impact of the annual taxes levied under sections 8031(a) and 8032(a) and the delivery and utilization of fire and emergency services. The Local Government Commission shall conduct the study no later than three years after the effective date of this section. No later than six months after conducting the study, the Local Government Commission shall submit a report on the study to all of the following:

(1) The Majority Leader and Minority Leader of the Senate.

(2) The Majority Leader and Minority Leader of the House of Representatives.

(3) The chairperson and minority chairperson of the Local Government Committee of the Senate.

(4) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the Senate.

(5) The chairperson and minority chairperson of the Local Government Committee of the House of Representatives.

(6) The chairperson and minority chairperson of the Veterans' Affairs and Emergency Preparedness Committee of the House of Representatives.

SUBARTICLE E

MUNICIPALITIES

Section 8041. Regulation of rodeos or rodeo-related events.

(a) Prior regulation.--Any ordinance, rule or regulation adopted by a municipality before the effective date of this subsection that regulates the use of any practice, technique or device necessary for the purposes of holding a ticketed, public rodeo or rodeo-related event shall permit a rodeo hosting entity to conduct a rodeo or rodeo-related event on up to 12 days per calendar year. The rodeo hosting entity shall have sole discretion to select the 12 days per calendar year on which to hold a rodeo or rodeo-related event during which the ordinance, rule or regulation specified in this subsection shall not apply.

(b) Continuing regulation.--Any ordinance, rule or regulation adopted by a municipality on or after the effective date of this subsection that regulates the use of any practice, technique or device necessary for the purposes of holding a ticketed, public rodeo or rodeo-related event shall permit a rodeo hosting entity to conduct a rodeo or rodeo-related event on up to 12 days per calendar year. The rodeo hosting entity shall have sole discretion to select the 12 days per calendar year on which to hold a rodeo or rodeo-related event, during which the ordinance, rule or regulation specified in this subsection shall not apply.

(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:

"Municipality." A county, city, borough, incorporated town, township, home rule charter, original charter, optional plan municipality or any similar purpose unit of government that may be created by the General Assembly.

"Rodeo hosting entity." An entity that:

(1) is a nationally recognized professional entity that produces or operates rodeo or rodeo-related events in at least 10 states annually; and

(2) produces or operates a ticketed, public rodeo or rodeo-related event in a venue with a capacity of no less than 2,500 seats.

Section 21. Repeals are as follows:

(1) The General Assembly finds and declares as follows:

(i) Each year, articles on budget implementation are added to the act.

(ii) These articles are temporary in nature but are placed permanently into the act, utilizing article numbers and section numbers.

(iii) Reusing article numbers and section numbers will keep the text of the act more concise.

(iv) The repeal under paragraph (2) is necessary to effectuate paragraph (1)(iii).

(2) Articles XVII-F, XVII-G, XVII-H and XVII-I of the act are repealed.

(3) The General Assembly declares that the repeals under paragraph (4) are necessary to effectuate the addition of section 1608-M of the act.

(4) 53 Pa.C.S. §§ 5714 and 57B02(c)(6) are repealed insofar as they are inconsistent with the addition of section 1608-M of the act.

(5) The General Assembly declares that the repeal under paragraph (6) is necessary to effectuate the addition of 1602-O of the act.

(6) Section 811-C(b) of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, is repealed.

(7) The General Assembly declares that the repeals under paragraph (8) are necessary to effectuate the addition of section 1603-O(a) introductory paragraph and (4) of the act.

(8) The following are repealed:

(i) Section 804-E(b)(2) of the Human Services Code insofar as it is inconsistent with the addition of section 1603-O(a)(4) of the act.

(ii) Section 808-E(a) of the Human Services Code.

(9) The General Assembly declares that the repeal under paragraph (10) is necessary to effectuate the addition of section 1602-Y of the act.

(10) Section 6(1) of the act of July 22, 1974 (P.L.598, No.206), known as the Pennsylvania Minority Business Development Authority Act, is repealed.

(11) The General Assembly declares that the repeals under paragraph (12) are necessary to effectuate the addition of section 1735-E(b) of the act.

(12) The following are repealed:

(i) 35 Pa.C.S. §§ 7813(c)(2) and 7823(c)(2) insofar as it is inconsistent with the addition of section 1735-E(b)(1).

(ii) 35 Pa.C.S. § 7891.

(13) The General Assembly declares that the repeals under paragraph (14) are necessary to effectuate the addition of section 1781-E(c) and (d) of the act.

(14) 42 Pa.C.S. §§ 1725.1(f)(1) and 3571(c)(4) are repealed insofar as they are inconsistent with the addition of section 1781-E(c) and (d) of the act.

(15) The General Assembly declares that the repeals under paragraph (16) are necessary to effectuate the addition of sections 8011(a) and 8012(a) of the act.

(16) Section 1709(a)(2)(i), (ii) and (iii) and (7)(i) and (ii) and (c) of the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, are repealed insofar as they are inconsistent with the addition of sections 8011(a) and 8012(a) of the act.

(17) The General Assembly declares that the repeals under paragraph (18) are necessary to effectuate the addition of sections 8021(a) and 8022(a) of the act.

(18) Section 3205(a)(4)(i) and (ii) and (8)(i) and (ii) of the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, are repealed insofar as they are inconsistent with the addition of sections 8021(a) and 8022(a) of the act.

(19) The General Assembly declares that the repeals under paragraph (20) are necessary to effectuate the addition of sections 8031(a) and 8032(a) of the act.

(20) 8 Pa.C.S. § 1302(a)(6)(i) and (ii) and (9) and (e) are repealed insofar as they are inconsistent with the addition of sections 8031(a) and 8032(a) of the act.

Section 22. The addition of sections 1602-O, 1603-O and 1735-E(b) of the act shall apply retroactively to June 30, 2024.

Section 23. This act shall take effect as follows:

(1) The addition of Article XVIII-A of the act shall take effect in 60 days.

(2) The remainder of this act shall take effect immediately.

APPROVED--The 11th day of July, A.D. 2024.

JOSH SHAPIRO

Pennsylvania Act 2024-54 — FISCAL CODE - OMNIBUS AMENDMENTS

Act text

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