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2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 24 - FISCAL CODE - OMNIBUS AMENDMENTS

Universal Citation: Act of Jun. 30, 2021, P.L. 62, No. 24

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Session of 2021

No. 2021-24

HB 1348

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 money in account, providing for elementary and secondary school emergency relief for school districts, charter schools and cyber charter schools, for emergency relief for other educational entities, for emergency education relief to nonpublic schools, for funding for library services and for allocation from ARPA - Elementary and Secondary School Emergency Relief - Administration, further providing for Department of Health and for use of money, providing for Pennsylvania Housing Finance Agency and establishing the Construction Cost Relief Program; in Rental and Utility Assistance Grant Program, further providing for Rental and Utility Assistance Grant Program, for department and for reallocation of grants; providing for American Rescue Plan Rental and Utility Assistance Grant Program, for Homeowners Assistance Grant Program, for Water Assistance Program and for Child Care Stabilization Program; in bonus and tax reports and returns and reports and records relating to tax collections, further providing for confidential information; in oil and gas wells, further providing for Oil and Gas Lease Fund; providing for Angel Investment Venture Capital Program and for Transportation Pilot Programs; in special funds, further providing for funding and for expiration; in additional special funds and restricted accounts, further providing for establishment of special fund and account, for use of fund and for distributions from Pennsylvania Race Horse Development Fund and providing for Opioid Settlement Restricted Account; providing for 2021-2022 budget implementation and for 2021-2022 restrictions on appropriations for funds and accounts; in general budget implementation, further providing for Department of Education, for Department of General Services, for Pennsylvania Gaming Control Board, for Department of Labor and Industry, further providing for Department of Human Services, providing for State Employees' Retirement System, further providing for Multimodal Transportation Fund and providing for Public Transportation Trust Fund; in school district debt refinancing bonds, further providing for sinking fund charges for school building projects; in 2020-2021 restrictions on appropriations for funds and accounts, further providing for fund transfers; and making related repeals.

The General Assembly finds and declares as follows:

(1) The intent of this act is to provide for the implementation of the 2021-2022 Commonwealth budget.

(2) The Constitution of Pennsylvania confers numerous express duties upon the General Assembly, including the passage of a balanced budget for the Commonwealth.

(3) Section 24 of Article III of the Constitution of Pennsylvania requires the General Assembly to adopt all appropriations for the operation of government in this Commonwealth, regardless of their source. The Supreme Court has repeatedly affirmed that "It is fundamental within Pennsylvania's tripartite system that the General Assembly enacts the legislation establishing those programs which the State provides for its citizens and appropriates the funds necessary for their operation."

(4) Pursuant to section 13 of Article VIII of the Constitution of Pennsylvania, the General Assembly is explicitly required to adopt a balanced Commonwealth budget. Given the unpredictability and potential insufficiency of revenue collections, various changes in State law relating to sources of revenue, the collection of revenue and the implementation of statutes which impact revenue may be required to discharge this constitutional obligation.

(5) Section 11 of Article III of the Constitution of Pennsylvania requires the adoption of a general appropriation act that embraces "nothing but appropriations." While actual items of appropriation can be contained in a General Appropriation Act, the achievement and implementation of a comprehensive budget involves more than subjects of appropriations and dollar amounts. Ultimately, the budget has to be balanced under section 13 of Article VIII of the Constitution of Pennsylvania. This may necessitate changes to sources of funding and enactment of statutes to achieve full compliance with these constitutional provisions.

(6) For the reasons set forth in paragraphs (1), (2), (3), (4) and (5), it is the intent of the General Assembly through this act to provide for the implementation of the 2021-2022 Commonwealth budget.

(7) Every provision of this act relates to the implementation of the operating budget of the Commonwealth for this fiscal year, addressing in various ways the fiscal operations, revenues and potential liabilities of the Commonwealth. To that end, this act is intended to implement the 2021-2022 Commonwealth budget without specifically appropriating public money from the General Fund. This act provides accountability for spending and makes transfers or other changes necessary to impact the availability of revenue in order to meet the requirements of section 13 of Article VIII of the Constitution of Pennsylvania and to implement the act of June 30, 2021 (P.L. , No.1A), known as the General Appropriation Act of 2021.

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

Section 1. Section 111-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 111-C. Money in account.

* * *

(g) Transfer.--

(1) Federal money from the Coronavirus State Fiscal Recovery Fund in the account other than amounts appropriated under Part XXX of the act of June 30, 2021 (P.L. , No.1A), known as the General Appropriation Act of 2021, shall be transferred to the General Fund for use under 42 U.S.C. § 802(c)(1) (Public Law 117-2, 135 Stat. 223) for fiscal years beginning after June 30, 2022.

(2) A transfer under paragraph (1) shall be made by the State Treasurer on the following schedule:

(i) For the 2022-2023 fiscal year, the transfer shall be made no earlier than July 31, 2022.

(ii) For the 2023-2024 fiscal year, the transfer shall be made no earlier than July 31, 2023.

(3) The amount of the transfer under paragraph (1) made for a fiscal year may not be higher than the amount which may be used for the fiscal year under 42 U.S.C. § 802(c)(1).

(4) Any money which remains in the account after a transfer under paragraph (1) shall be transferred under paragraph (2) in the following fiscal year.

Section 2. The act is amended by adding sections to read:

Section 143-C. Elementary and secondary school emergency relief for school districts, charter schools and cyber charter schools.

(a) General rule.--From money appropriated for COVID Relief - ARPA - Elementary and Secondary School Emergency Relief, the following shall apply:

(1) The amount of $249,847,658 shall be distributed to school districts, charter schools and cyber charter schools as grants to address student learning loss as follows:

(i) Multiply the amount received by the school district, charter school or cyber charter school from the allocation of Federal funds under Title I, Part A of the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et seq.) for the 2020-2021 school year by $249,847,658.

(ii) Divide the product from subparagraph (i) by the sum of the amounts received by school districts, charter schools and cyber charter schools from the allocation of Federal funds under Title I, Part A of the Elementary and Secondary Education Act of 1965 for the 2020-2021 school year.

(2) The amount of $49,969,532 shall be distributed to school districts, charter schools and cyber charter schools as grants for summer enrichment programs as follows:

(3) The amount of $49,969,532 shall be distributed to school districts, charter schools and cyber charter schools as grants for comprehensive after-school programs as follows:

(b) Grant uses.--Grant money received under this section shall be used by the school districts, charter schools and cyber charter schools to implement evidence-based interventions to address learning loss, provide summer enrichment programs and provide comprehensive after-school programs in response to the academic, social, emotional and mental health needs of students and subgroups of students impacted by the COVID-19 public health emergency that supplement school programs and activities.

(b.1) Minimum grant use requirements.--A school district, charter school or cyber charter school, in consultation with the Department of Education, shall at a minimum use the grant money under subsection (a)(1) as follows:

(1) Thirty percent of the money shall be used to address the social, emotional and mental health needs of students.

(2) Ten percent of the money shall be used to provide professional development and technical assistance to educators, school support staff, school leaders and school health professionals to address the social, emotional and mental health needs of students.

(3) Eight percent of the money shall be used to address reading remediation and improvement for students.

(c) Use of money.--The money allocated for distribution under this section shall not lapse and must be utilized through the period during which ARPA - Elementary and Secondary School Emergency Relief funds may be spent according to Federal law.

(d) Existing personnel.--When available, existing personnel shall be utilized by school districts, charter schools and cyber charter schools to staff programs and activities established with grant money under this section.

(e) Notice of grant amount.--Within 60 days of the effective date of this section, the Department of Education shall notify each school district, charter school and cyber charter school of the amount of grant money, itemized by program and activity, to be received under subsection (a).

(f) Plan required.--Within 90 days of receipt of the notification under subsection (e), the school district, charter school or cyber charter school shall submit a three-part plan, in a manner determined by the Department of Education, to the Department of Education that outlines the proposed use of the grant money, itemized by program and activity. The plan shall include:

(1) A description of each program and activity.

(2) A narrative outlining the expected benefit of each program and activity.

(3) A budget for each program and activity detailing personnel and operating costs.

(g) Department review of plan.--Within 90 days of receipt of a plan submitted under subsection (f), the Department of Education shall review and approve or deny the plan. The department may not apply criteria in addition to Federal law or guidance when approving the use of grant money under the plan. If the Department of Education fails to complete its review of a plan within 90 days, the plan shall be deemed approved. If the Department of Education denies a plan, the Department of Education shall notify the applicant and state the reasons for the denial. A plan that is denied must be revised and resubmitted to the Department of Education within 15 days in order for the Department of Education to continue to review and approve or deny the plan. Within 30 days of resubmission of a denied plan, the Department of Education shall review and approve or deny the resubmitted plan.

(h) Reporting.--The Department of Education shall submit an interim report to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives no later than November 1, 2021. The report shall include the number of approved and denied plans, the amount of each grant and the intended uses of the grant money as stated in the plans.

(i) Final report.--The Department of Education shall submit a final report to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives no later than November 1, 2025. The report shall include:

(1) The number of approved and denied plans.

(2) The amount of each grant.

(3) The intended uses of the grant money as stated in the plans.

(4) An analysis of the academic improvement resulting from the programs and activities implemented by school districts, charter schools and cyber charter schools with money allocated for distribution under this section.

Section 144-C. Emergency relief for other educational entities.

(a) General rule.--From money appropriated for COVID Relief - ARPA - Elementary and Secondary School Emergency Relief, the following shall apply:

(1) The amount of $43,500,000 shall be distributed to area career and technical schools as follows:

(i) Multiply the amount received by the area career and technical school from the secondary career and technical education subsidy under section 2502.8 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, for school year 2019-2020 by $43,500,000.

(ii) Divide the product from subparagraph (i) by the sum of the amounts received by area career and technical schools from the secondary career and technical education subsidy under section 2502.8 of the Public School Code of 1949 for school year 2019-2020.

(2) The amount of $15,000,000 shall be distributed to approved private schools, the chartered schools for the education of the deaf or the blind and the private residential rehabilitative institutions as follows:

(i) Multiply the 2019-2020 average daily membership of the approved private school, chartered school for the education of the deaf or the blind or private residential rehabilitative institution by $15,000,000.

(ii) Divide the product from subparagraph (i) by the sum of the 2019-2020 average daily membership for all approved private schools, chartered schools for the education of the deaf or the blind and private residential rehabilitative institutions.

(3) The amount of $43,500,000 shall be distributed to intermediate units as follows:

(i) Multiply the intermediate unit's 2020-2021 market value/income aid ratio by the intermediate unit's 2019-2020 average daily membership.

(ii) Multiply the product from subparagraph (i) by $43,500,000.

(iii) Divide the product from subparagraph (ii) by the sum of the products of the 2020-2021 market value/income aid ratio multiplied by the 2019-2020 average daily membership for all intermediate units.

(iv) Each intermediate unit shall reserve 10% of its allocation under this paragraph to provide support to school entities, in consultation with the Department of Education.

(v) For the purposes of this paragraph, the term "average daily membership" shall mean the sum of the average daily membership of the intermediate unit's component school districts.

(4) The amount of $14,000,000 shall be distributed to additional targeted support and improvement schools under the Elementary and Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et seq.) as follows:

(i) Multiply the 2019-2020 economically disadvantaged enrollment of the additional targeted support and improvement school by $14,000,000.

(ii) Divide the product from subparagraph (i) by the sum of the 2019-2020 economically disadvantaged enrollment for all additional targeted support and improvement schools.

For purposes of this paragraph, "economically disadvantaged enrollment" shall mean the economically disadvantaged enrollment reported through the Pennsylvania Information Management System in October 2019.

(5) The amount of $19,908,593 shall be distributed to educational programs for neglected, delinquent and at-risk youth as follows:

(i) Multiply the amount received by the education program for neglected, delinquent and at-risk youth from the allocation of Federal funds under Title I, Part D of the Elementary and Secondary Education School Act of 1965, related to educational programs for neglected, delinquent and at-risk youth for the school year 2021-2022, by $19,908,593.

(ii) Divide the product from subparagraph (i) by the sum of the amounts received by educational programs for neglected, delinquent and at-risk youth from the allocation of Federal funds under Title I, Part D of the Elementary and Secondary Education School Act of 1965, related to educational programs for neglected, delinquent and at-risk youth for the school year 2021-2022.

For purposes of this paragraph, "educational programs for neglected, delinquent and at-risk youth" shall mean:

(i) An adult correctional institution in which persons, including persons under 21 years of age, are confined as a result of conviction for a criminal offense.

(ii) An institution for delinquent children and youth, as determined by the Department of Education, whether a public or private residential facility, other than a foster home, operated primarily for the care of children and youth who have been adjudicated delinquent or in need of supervision and have had an average length of stay in the institution of at least 30 days.

(iii) An institution for neglected children and youth, as determined by the Department of Education, whether a public or private residential facility, other than a foster home, operated primarily for the care of children and youth who have been committed to the institution or voluntarily placed in the institution under applicable State law due to:

(A) abandonment;

(B) neglect; or

and have had an average length of stay in the institution of at least 30 days.

(iv) A community day program that provides a regular program of instruction through a State agency at a community day school operated specifically for neglected, delinquent and at-risk youth.

(b) Use of money.--The money allocated for distribution under this section shall not lapse and must be utilized through the period during which ARPA - Elementary and Secondary School Emergency Relief funds may be spent according to Federal law.

Section 145-C. Emergency education relief to nonpublic schools.

(a) Application and reporting.--From money appropriated for COVID Relief - ARPA - Emergency Assistance to Non-Public Schools, the following shall apply:

(1) The Department of Education shall provide to nonpublic schools that are eligible to apply for money under this section a notice and application which includes the appropriate uses of the money and any other information required. The notice and application shall be provided no later than 30 days after the Commonwealth receives the money from the Federal Government.

(2) The Department of Education shall approve or deny an application under this section no later than 30 days after the receipt of the application.

(3) The Department of Education may not apply eligibility criteria other than that required by Federal law or guidance.

(4) The Department of Education shall submit an interim report to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives not later than 90 days after an award of money is made under this section. The report shall include the number of approved and denied applications, the amount of each award and the intended uses of the money as stated in the applications.

(5) The Department of Education shall submit a final report to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives by June 30, 2022. The report shall include the number of approved and denied applications under this section, the amount of each award and the intended uses of the money as stated in the application.

(b) (Reserved).

Section 146-C. Funding for library services.

(a) General rule.--From money appropriated for COVID Relief - ARPA - IMLS, the following shall apply:

(1) Each library receiving an allocation in fiscal year 2020-2021 under section 2324 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, shall receive an equal share of $890,000.

(2) The amount of $3,810,000 shall be distributed to libraries as follows:

(i) Multiply the amount received by the library in fiscal year 2020-2021 under section 2324 of the Public School Code of 1949 by $3,810,000.

(ii) Divide the product from subparagraph (i) by the sum of the amounts received by libraries under section 2324 of the Public School Code of 1949.

(3) The amount of $86,000 shall be allocated to the State Library for administration.

(b) (Reserved).

Section 147-C. Allocation from ARPA - Elementary and Secondary School Emergency Relief - Administration.

(a) General rule.--From money appropriated for COVID Relief - ARPA - Elementary and Secondary School Emergency Relief - Administration, the sum of $14,000,000 shall be allocated to the Department of Education for administrative costs, including costs to manage and oversee the ARPA - Elementary and Secondary School Emergency Relief and ARPA - Emergency Assistance to Non-Public Schools funds and reporting requirements.

(b) Use of money.--The money allocated under this section shall not lapse and must be utilized through the period during which ARPA - Elementary and Secondary School Emergency Relief funds may be spent according to Federal law.

Section 3. Section 150-C(b)(3) of the act, added May 29, 2020 (P.L.186, No.24), is amended to read:

Section 150-C. Department of Health.

* * *

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

* * *

(3) A payment received under this section may only be used to cover necessary COVID-19-related costs, including, but not limited to, those:

(i) not otherwise reimbursed by Federal, State or another source of funding.

(ii) incurred during the period [between] beginning March 1, 2020, and [November 30, 2020] ending December 31, 2021.

(iii) Subparagraph (ii) shall not apply to unexpended funds returned and appropriated under section 111-C(d.1).

Section 4. Section 160-C(a)(11)(iii) of the act, added May 29, 2020 (P.L.186, No.24), is amended and the subsection is amended by adding paragraphs to read:

Section 160-C. Use of money.

(a) Uses.--The following shall apply:

* * *

(10.1) Subject to paragraph (12), from money appropriated for COVID Relief - ARPA - Long-term Living Programs, $282,000,000 shall be used for the following purposes:

(i) The sum of $247,000,000, for the purpose of making payments to nonpublic and county nursing facilities, which shall be allocated as follows:

(A) Of the amount under this subparagraph, $198,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows:

(I) Divide:

(a) the facility's number of medical assistance days for the third quarter of calendar year 2019 as reported under Article VIII-A of the Human Services Code; by

(b) the total number of medical assistance days for all facilities for the third quarter of calendar year 2019 as reported under Article VIII-A of the Human Services Code.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $198,000,000.

(B) Of the amount under this subparagraph, $49,000,000 shall be distributed as a one-time payment to each nonpublic and county nursing facility, which shall be determined as follows:

(I) Divide:

(a) the number of the facility's licensed beds as of March 31, 2020; by

(b) the total licensed beds of all nonpublic and county nursing facilities as of March 31, 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $49,000,000.

(ii) The sum of $5,000,000 shall be used by the Department of Human Services for the purpose of awarding grants under this section as follows:

(A) The department shall develop an application for long-term care facilities to apply for a grant under this subparagraph within 30 days of the effective date of this section. The application shall be made available and posted on the department's publicly accessible Internet website.

(B) A long-term care facility may be eligible for a grant under this subparagraph for the implementation of best practices regarding indoor air management strategies aimed at reducing the risk of transmission of and occupant exposure to COVID-19, including any of the following:

(I) Dilution.

(II) Airflow patterns.

(III) Outdoor air ventilation.

(IV) Pressurization.

(V) Demand-controlled ventilation.

(VI) Temperature and humidity distribution and control.

(VII) Filtration.

(VIII) Ultraviolet germicidal irradiation.

(IX) Personalized ventilation systems for certain high-risk tasks.

(X) Portable, free-standing high-efficiency particulate air filters.

(XI) Ionization technology.

(XII) Ozonation.

(C) To the extent funds are available, the department may award a grant to a long-term care facility in accordance with this subparagraph, which may not exceed $15,000.

(D) The department shall ensure that grants under this subparagraph are made available to all geographic areas of this Commonwealth.

(E) Grants may be awarded to any of the following long-term care facilities:

(I) A long-term care nursing facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

(II) An assisted living residence as defined in section 1001 of the Human Services Code.

(III) A personal care home as defined in section 1001 of the Human Services Code.

(iii) The sum of $30,000,000 for the purpose of making payments to assisted living residences and personal care homes, which shall be allocated as follows:

(A) Of the amount under this subparagraph, $27,000,000 shall be distributed as a one-time payment to each assisted living residence and personal care home, which shall be determined as follows:

(I) Divide:

(a) the occupancy of the assisted living residence or personal care home, as determined by the Department of Human Services' most recent inspection on or before April 1, 2020; by

(b) the total occupancy of all assisted living residences, including those with a special care designation, and personal care homes, as determined by the Department of Human Services' most recent inspections on or before April 1, 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $27,000,000.

(B) Of the amount under this subparagraph, $3,000,000 shall be distributed as a one-time payment to each personal care home, which shall be determined as follows:

(I) Divide:

(a) the personal care facility's number of individuals for whom the facility received a payment from the Department of Human Services for supplemental security income in March 2020; by

(b) the total of all personal care facilities' individuals for whom payments for supplemental security income were made by the Department of Human Services in March 2020.

(II) Multiply:

(a) the quotient under subclause (I); by

(b) $3,000,000.

(11) The following apply:

* * *

(iii) A payment received under this section may only be used to cover necessary COVID-19 related costs, including, but not limited to, a cost:

(A) not otherwise reimbursed by Federal, State or other source of funding; and

(B) incurred during the period [between] beginning March 1, 2020, and [November 30, 2020.] ending December 31, 2021.

(12) The following apply to an eligible person or entity receiving a payment under paragraph (10.1):

(i) An eligible person or entity receiving a payment under this section must be in operation as of June 1, 2021.

(ii) A person or entity receiving a payment shall provide documentation to the Department of Human Services, in a format prescribed by the department, for purposes of an audit review.

(iii) A payment received may not otherwise be reimbursed by a Federal, State or other source of funding.

(iv) A payment received shall be obligated by December 31, 2024, and spent by December 31, 2026.

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Section 5. Article I-C of the act is amended by adding a subarticle to read:

SUBARTICLE M

PENNSYLVANIA HOUSING FINANCE AGENCY

Section 194-C. Construction Cost Relief Program.

(a) Establishment.--The Construction Cost Relief Program is established in the agency to support the production of developments by addressing financial deficiencies directly attributable to the effects of the COVID-19 Pandemic. Money appropriated to the agency for COVID Relief - ARPA - Construction Cost Relief, shall be used to make awards under the program under this section.

(b) Eligibility.--A development which meets all of the following shall be eligible for an award under this section:

(1) Has received a conditional allocation from the agency of low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 42) during the 2019, 2020 or 2021 application cycles.

(2) Has not, as of the effective date of this section, received a certificate of occupancy for each unit within the development.

(3) Has experienced a cost increase related to construction material pricing or has experienced a loss in equity investment as a direct result of conditions arising due to effects of the COVID-19 pandemic, which further jeopardized completion of the project.

(c) Application.--The agency shall make available to an eligible development an application that requires information, as determined necessary by the agency, to verify the need of the development and to determine the extent to which the awards should be awarded, while ensuring that the development remains in compliance with the Low-Income Housing Tax Credit program.

(d) Determination.--

(1) Upon a determination of eligibility for money from the fund, the agency shall provide the development with a letter of commitment indicating the conditional award amount.

(2) The agency shall use the same closing process and terms for an award of money from the fund as is used for an award from the Pennsylvania Housing Affordability and Rehabilitation Enhancement Program for a low-income housing tax credit recipient development.

(e) Limitation.--Money appropriated for the program under this section may not be used to supplant other agency-committed resources except if the development risks noncompliance with the Low-Income Housing Tax Credit program.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Agency." The Pennsylvania Housing Finance Agency.

"Development." An affordable multi-family rental development.

Section 6. Sections 102-D(b), 103-D(a)(7.1) and (8) and 105-D of the act, added February 5, 2021 (P.L.1, No.1), are amended to read:

Section 102-D. Rental and Utility Assistance Grant Program.

* * *

(b) County.--Each county is eligible to participate in the program. The following shall apply:

(1) Grant funds received by a county under this article shall be used for the provision of services under subsection (a). To the extent permitted by Federal law, associated administrative costs and housing stability services shall not exceed 9.09% of the amount of the grant funds. [Not more than 5% of the grant funds shall be utilized to cover the costs of administering the program.]

(2) A county may not use the grant funds received as the non-State match for other State funds, programs or grants.

(3) Counties that participate in the Human Services Block Grant Program under Article XIV-B of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, must use the funds for eligible services under this article.

(4) A county is prohibited from placing any stipulations, restrictions or limitations on assistance or eligibility that are in addition to Federal law or guidance or this article.

* * *

Section 103-D. Department.

(a) Powers and duties.--The department shall have the power and duty to:

* * *

(7.1) [prepare] Prepare a monthly consolidated report with information from all counties submitted under section 104-D(4) and shall submit the report on a monthly basis 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. The report shall also be posted and maintained on the department's publicly accessible Internet website.

(8) By [March 31, 2022,] December 20, 2022, or 90 days after any updated Federal deadline for the use of funds for emergency rental assistance under the Consolidated Appropriations Act, 2021 (Public Law 116-260, 134 Stat. 1182), whichever is later, issue a report 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 and shall post the report to the department's publicly accessible Internet website. The report shall include the following information:

(i) The total amount of funds received by a county.

(ii) The total amount of funds spent by a county for services under section 102-D(a).

(iii) The total amount of excess funding or shortfall identified by a county as of [December 31, 2021.] September 20, 2022, or as of any updated Federal deadline for the use of funds for emergency rental assistance under the Consolidated Appropriations Act, 2021, whichever is later.

(iv) The total number of households that applied for assistance.

(v) The total number of households that received assistance.

(vi) The total amount of funding sought by services under section 102-D(a).

(vii) The total amount of assistance provided by services under section 102-D(a).

(viii) An itemization of all expenditures for administrative costs.

* * *

Section 105-D. Reallocation of grants.

(a) Obligated funds.--Counties must certify to the department by July 31, 2021:

(1) [Whether the county has obligated 65%] The percentage of its grant funds obligated under section 102-D(c).

(2) (i) The amount of funding that is expected to be obligated for the period August 1, 2021, through [December 31, 2021, along with] September 20, 2022, or as of any updated Federal deadline for the use of funds for emergency rental assistance under the Consolidated Appropriations Act, 2021 (Public Law 116-260, 134 Stat. 1182), whichever is later; and

(ii) projections of any excess funding or a funding shortfall through [December 31, 2021.] September 20, 2022, or as of any updated Federal deadline for the use of funds for emergency rental assistance under the Consolidated Appropriations Act, 2021, whichever is later.

(b) Time.--If the [county certifies] department determines that excess funds will remain on [December 31, 2021, beginning August 15, 2021,] September 20, 2022, or as of any updated Federal deadline for the use of funds for emergency rental assistance under the Consolidated Appropriations Act, 2021, whichever is later, the department may recoup and reallocate excess funding to other counties that have demonstrated a funding shortfall. Any funding shall be reallocated by the department according to the reallocation methodology under section 103-D(a)(7).

(c) Additional allocation.--If the Commonwealth receives an additional allocation under the Consolidated Appropriations Act, 2021, as a result of other states not having met their threshold under Federal law, the department shall distribute reallocated funding to counties who have obligated [at least 65%] a specified percentage of their initial allocation, as determined by the department, by [July 31, 2021] September 30, 2021, according to the reallocation methodology under section 103-D(a)(7) and have certified a shortfall demonstrating additional need under subsection (a)(2).

Section 7. The act is amended by adding articles to read:

ARTICLE I-E

AMERICAN RESCUE PLAN RENTAL AND

UTILITY ASSISTANCE GRANT PROGRAM

Section 101-E. 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:

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

"Department." The Department of Human Services of the Commonwealth.

"Program." The American Rescue Plan Rental and Utility Assistance Grant Program established under section 102-E.

"Utilities." Includes separately stated electricity, gas, water and sewer, trash removal and energy costs, such as fuel oil. Telecommunications services, such as telephone and cable, delivered to the rental dwelling are not considered to be utilities.

Section 102-E. American Rescue Plan Rental and Utility Assistance Grant Program.

(a) Establishment.--The American Rescue Plan Rental and Utility Assistance Grant Program is established within the department. The program shall provide the following services to eligible individuals:

(1) Rental assistance, including the following:

(i) Rent.

(ii) Rental arrears.

(iii) Utilities and home energy costs.

(iv) Utilities and home energy cost arrears.

(v) Other expenses related to housing to the extent permitted by Federal law and guidance.

(2) Housing stability services, including case management and other services intended to keep households stably housed.

(b) County.--Each county is eligible to participate in the program. The following shall apply:

(1) Grant funds received by a county under this article shall be used for the provision of services under subsection (a). To the extent permitted by Federal law or guidance, the following shall apply:

(i) No more than 10% of funds may be used to provide housing stability services.

(ii) Associated administrative costs, including costs related to eligibility determination of applicants, may not exceed 15% of the total amount of grant funds.

(2) A county may not use the grant funds received as the non-State match for other State funds, programs or grants.

(4) A county is prohibited from placing any stipulations, restrictions or limitations on assistance or eligibility that are in addition to Federal law or guidance or this article.

(1) From money appropriated for the program, each county shall receive an amount equal to the population proportion amount as determined by paragraphs (3) and (4). For purposes of this paragraph, a county's population shall be equal to the published estimate by the United States Census Bureau Population Estimates Program for calendar year 2019.

(2) The department shall distribute funding to counties 30 days after the effective date of this section.

(3) For the purposes of this subsection, the population proportion shall be determined as follows:

(i) the population estimate of the county; divided by

(ii) the sum of the population estimates of all counties.

(4) Counties shall receive a disbursement in an amount necessary so that the total disbursement to a county is determined as follows:

(i) Add:

(A) the amount of money received by the Commonwealth from the Federal Government for emergency rental assistance under the American Rescue Plan; and

(B) the amount of money paid directly by the Federal Government to counties for emergency rental assistance under the American Rescue Plan.

(ii) Multiply:

(A) the county's population proportion; and

(B) the sum under subparagraph (i).

(5) An amount equal to a disbursement received by a county directly from the Federal Government for rental assistance through the American Rescue Plan shall be deducted from the amount calculated under paragraph (4).

(6) Grant funds received by the Commonwealth under section 3201(b)(3) of the American Rescue Plan shall be distributed and used for low-income, high-needs households in accordance with Federal law or guidance.

(d) Human Services Block Grant Program.--Money received by a county under the program may not be included in the calculation of the allocation of funds under the Human Services Block Grant Program under section 1405-B of the Human Services Code.

(e) Reduction of obligations.--The following shall apply:

(1) Any payments received by the landlord, a utility service provider or a payee from a payment made under this section shall be used to reduce the amount of the tenant's obligation to the landlord, utility service provider or a payee.

(2) A landlord or utility service provider shall not be required to waive any outstanding obligations for rent or utility payments as a condition to participate in the program.

(3) Except as provided under Federal law or guidance or paragraph (4), amounts provided for rent, rental arrears, utilities and home energy costs, utility and home energy cost arrears and other expenses related to housing shall be made to the lessor, utility or payee on behalf of an applicant.

(4) If a landlord or utility service provider refuses to participate in or cooperate with the program, payment may be made directly to an individual in accordance with Federal law or guidance. A payment received by an individual must be forwarded to the landlord, utility service provider or payee to reduce the tenant's obligation.

(f) Transfer prohibited.--The department shall use funding from the program only for the purpose of services provided under subsection (a) provided for under the American Rescue Plan. The funding may not be transferred to other programs within the department.

(g) Eligibility.--To the extent permitted by Federal law or guidance, an applicant may self-certify income eligibility for the program.

Section 103-E. Department.

The department shall have the power and duty to:

(1) Implement and administer the program in accordance with Federal law or guidance. The department shall compile and transmit any information necessary to implement the program and comply with programmatic and eligibility requirements under Federal law and guidance. The department is prohibited from placing any additional stipulations on counties that are not in accordance with Federal law or guidance or this article. If a county fails to participate in the program or if funds are not expended within the time requirements of this article, the department may administer the services of the program.

(2) Monitor county governments' administration of the grant to ensure compliance with Federal and State requirements.

(3) Allocate and disburse grant funds to counties.

(4) Require counties to submit reports containing information required by the department and as necessary for compliance with the American Rescue Plan in the form and by the deadline prescribed by the department.

(5) Monitor, inspect or audit the financial, operating and accounting records of a county agency or contracted entity that receives grant funds, if deemed necessary by the department.

(6) Withhold, recover or reduce grant funds of a county agency or contracted entity determined to have administered the program in violation of Federal or State requirements.

(7) Recoup and reallocate unobligated grant funds as identified by the county, a county agency or a contracted entity.

(7.1) Prepare a quarterly consolidated report with information from all counties submitted under section 104-E(4) and shall submit the report on a quarterly basis 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. The report shall also be posted and maintained on the department's publicly accessible Internet website.

(8) Ninety days after December 31, 2025, or any updated Federal deadline for the use of funds for emergency rental assistance under the American Rescue Plan, whichever is later, issue a report 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 and shall post the report to the department's publicly accessible Internet website. The report shall include the following information:

(i) The total amount of funds received by a county.

(ii) The total amount of funds spent by a county for services under section 102-E(a).

(iii) The total number of households that applied for assistance.

(iv) The total number of households that received assistance.

(v) The total amount of funding sought by services under section 102-E(a).

(vi) The total amount of assistance provided by services under section 102-E(a).

(vii) An itemization of all expenditures for administrative costs.

Section 104-E. Counties.

The local county officials of each county government participating in the program shall have the power and duty to:

(1) Administer and disburse grant funds for the provision of assistance and housing stability services in accordance with this article, information from the department and Federal law or guidance.

(2) Establish or maintain, in agreement with another county, local collaborative arrangements for the delivery of assistance and housing stability services under this article.

(3) Determine and redetermine, in accordance with the information provided by the department, whether a person is eligible to participate in the program, subject to appeal under 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies).

(4) Submit monthly reports, which shall include identified excess or insufficient funding and an itemization of expenditures for administrative costs. The reports shall be subject to audit as determined by the department.

(5) A county is prohibited from placing any stipulations, restrictions or limitations on assistance or eligibility that are in addition to this article or Federal law or guidance.

Section 105-E. Reallocation of grants.

(a) Obligated funds.--Counties must certify to the department by January 1, 2022, and as frequently thereafter as determined by the department:

(1) The percentage of its grant funds obligated under section 102-E(c).

(2) The projection of any excess funding or fund shortfalls.

(b) Additional allocation.--If the Commonwealth receives an additional allocation under the American Rescue Plan as a result of other states not having met their threshold under Federal law, the department shall distribute additional funding in accordance with Federal law or guidance or this article.

ARTICLE I-F

HOMEOWNERS ASSISTANCE GRANT PROGRAM

Section 101-F. Definitions.

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

"Agency." The Pennsylvania Housing Finance Agency.

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

"Fees." Includes homeowner's association fees, condominium association fees and common charges, including liens related to those fees.

"Insurance." Includes homeowner's insurance, flood insurance and mortgage insurance.

"Program." The Homeowners Assistance Grant Program established under section 102-F.

"Utilities." Includes electricity, gas, home energy and water.

Section 102-F. Homeowners Assistance Grant Program.

(a) Establishment.--The Homeowners Assistance Grant Program is established within the agency. The program shall provide the following services to eligible individuals:

(1) Mortgage payment assistance.

(2) Financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing-related costs related to a period of forbearance, delinquency or default.

(3) Principal reduction.

(4) Facilitating interest rate reductions.

(5) Payment assistance, including:

(i) Utilities.

(ii) Internet service, including broadband internet access service.

(iii) Insurance.

(iv) Fees.

(6) Any other assistance to promote housing stability for homeowners, including preventing mortgage delinquency, default, foreclosure, postforeclosure eviction or ejectment of a homeowner, or the loss of utility or home energy services, to the extent permitted by Federal law or guidance.

(7) Any other housing-related purpose allowed by Federal law or guidance.

(b) Administration.--The agency shall administer the program. The following shall apply:

(1) Grant funds received by the agency under this article shall be used for the provision of services under subsection (a). To the extent permitted by Federal law or guidance, associated administrative expenses shall not exceed 10%.

(2) The agency may contract with municipalities, housing counseling agencies and other community-based organizations to assist with outreach to potentially eligible individuals and take applications for assistance under the program.

(c) Transfer prohibited.--The agency shall use funding from the program only for the purpose of services provided under subsection (a) or as provided through the American Rescue Plan and United States Department of the Treasury guidance.

Section 103-F. Agency.

The agency shall have the power and duty to:

(1) In conjunction with the Secretary of the Budget, submit a plan regarding the use of the Commonwealth's share of the Homeowner Assistance Fund authorized under section 3206 of the American Rescue Plan to the United States Department of the Treasury by September 30, 2021, or 90 days after any updated Federal deadline for the submission of a plan for Homeowner Assistance under the American Rescue Plan, whichever is later. No later than August 31, 2021, or 60 days after any updated Federal deadline for the submission of a plan for Homeowner Assistance under the American Rescue Plan, whichever is later, the agency shall transmit a copy of the plan to the President pro tempore, the Majority Leader and Minority Leader of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Housing and Urban Affairs Committee of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of the House of Representatives, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives and the chairperson and minority chairperson of the Urban Affairs Committee of the House of Representatives. The plan shall also be posted on the agency's publicly accessible Internet website.

(2) The plan under paragraph (1) shall include the following:

(i) Homeowner needs and engagement, including data-driven assessment of homeowner needs and evidence of public participation and community engagement.

(ii) Program design, including program description, methods for targeting funding, best practices and coordination with other participants.

(iii) Performance goals.

(iv) Readiness, including staffing and systems, contracts and partnerships and existing and pilot programs.

(v) Budget.

(3) Implement and administer the program in accordance with Federal law and guidance. The agency shall compile and transmit any information necessary to implement the program and comply with programmatic and eligibility requirements under Federal law and guidance. The agency is prohibited from placing any additional stipulations on funding that are in addition to this article or Federal law or guidance.

(4) In the agency's discretion, utilize money appropriated prior to the submission of the plan for a pilot program. If the agency utilizes funds for a pilot program, the pilot program shall comply with the provisions of this article.

(5) Allocate and disburse grants to eligible individuals.

(6) Ensure that assistance under this article is made available to all geographic areas of this Commonwealth.

(7) Prepare and submit quarterly reports, in accordance with Federal reporting timelines, to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives, the Urban Affairs and Housing Committee of the Senate and the Urban Affairs Committee of the House of Representatives. The report shall also be posted and maintained on the department's publicly accessible Internet website and shall include:

(i) The total amount of funds expended for the quarter.

(ii) The total amount of funds expended since the program began.

(iii) The amount of funding remaining.

(iv) The total amount of funds expended for administrative expenses for the quarter.

(v) The total amount of funds expended for administrative expenses since the program began.

(vi) The total number of individuals who applied for assistance, including a breakdown based on the gender, race, county and income of the applicant.

(vii) The total number of applications reviewed for the quarter, including a breakdown based on the gender, race, county and income of the applicant.

(viii) The total number of applications reviewed since the program began, including a breakdown based on the gender, race, county and income of the applicant.

(ix) The total number of applications approved for the quarter, including a breakdown based on the gender, race, county and income of the applicant.

(x) The total number of applications approved since the program began, including a breakdown based on the gender, race, county and income of the applicant.

(xi) The total number of applications rejected and, if available, the reason for rejection for the quarter, including a breakdown based on the gender, race, county and income of the applicant.

(xii) The total number of applications rejected and, if available, the reason for rejection since the program began, including a breakdown based on the gender, race, county and income of the applicant.

(8) The agency shall appear in person before the Urban Affairs and Housing Committee of the Senate and the Urban Affairs Committee of the House of Representatives on a quarterly basis to discuss the report submitted under paragraph (7).

(9) The agency shall appear in person before the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives upon request to discuss the report submitted under paragraph (7).

(10) By September 30, 2025, issue a report with final information on the program 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 and post the report to the agency's publicly accessible Internet website. The report shall include all of the information required under paragraph (7).

ARTICLE I-G

WATER ASSISTANCE PROGRAM

Section 101-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:

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

"Department." The Department of Human Services.

"PENNVEST." The Pennsylvania Infrastructure Investment Authority established under the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act.

Section 102-G. Water Assistance Program.

(a) Establishment.--The Water Assistance Program is established within the department to provide water assistance to eligible individuals under the Consolidated Appropriations Act, 2021 (Public Law 116-260, 134 Stat. 1182) and the American Rescue Plan. The department shall administer this program to the extent Federal funds are appropriated.

(b) Powers and duties.--The department shall have the power and duty to:

(1) Implement and administer the program, in consultation with the Department of Environmental Protection and PENNVEST, in accordance with the requirements established under the Consolidated Appropriations Act, 2021, the American Rescue Plan and other applicable Federal law, requirements or guidance provided by the Federal Administering Agency.

(2) Prepare and submit quarterly reports 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. The report shall be posted and maintained on the department's publicly accessible Internet website and shall include:

(i) The total amount of funds expended for the quarter.

(ii) The total amount of funds expended since the program began.

(iii) The amount of funding remaining.

(iv) The total amount of funds expended for administrative expenses for the quarter.

(v) The total amount of funds expended for administrative expenses since the program began.

(vi) The total number of individuals who applied for assistance, including a breakdown based on the gender, race, county and income of the individual.

(vii) The total number of applications reviewed for the quarter, including a breakdown based on the gender, race, county and income of the individual.

(viii) The total number of applications reviewed since the program began, including a breakdown based on the gender, race, county and income of the individual.

(ix) The total number of applications approved for the quarter, including a breakdown based on the gender, race, county and income of the individual.

(x) The total number of applications approved since the program began, including a breakdown based on the gender, race, county and income of the individual.

(xi) The total number of applications rejected and, if available, the reason for rejection for the quarter, including a breakdown based on the gender, race, county and income of the individual.

(3) Issue a report with final information on the program 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 and post the report on the agency's publicly accessible Internet website. The department shall issue the report 90 days after any Federal deadline for the use of funds for water assistance under the Consolidated Appropriations Act, 2021 and the American Rescue Plan. The report shall include all of the information required under paragraph (2).

(4) Ensure that assistance under this article is made available to all geographic areas of this Commonwealth.

ARTICLE I-H

CHILD CARE STABILIZATION PROGRAM

Section 101-H. Scope of article.

This article relates to the Child Care Stabilization Program.

Section 102-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:

"Department." The Department of Human Services of the Commonwealth.

"Program." The Child Care Stabilization Program established under this article.

"Qualified child-care provider." Either of the following:

(1) A child-care provider certified under 55 Pa. Code Ch. 3270 (relating to child day care centers), 3280 (relating to group child day care homes) or 3290 (relating to family child care homes) as of March 11, 2021, and that meets either of the following:

(i) Is open and available to provide child care services on the date an application is submitted for program funding.

(ii) On the date of application for program funding, is temporarily closed due to public health, financial hardship or other reasons relating to the COVID-19 pandemic.

(2) A relative provider participating in subsidized child care as of March 11, 2021.

"Relative provider." A provider exempt from certification under 55 Pa. Code Chs. 3270, 3280 and 3290.

Section 103-H. Child Care Stabilization Program.

(a) Establishment.--The Child Care Stabilization Program is established within the department.

(b) Applications.--The department shall develop an application for qualified child-care providers to apply for program funding under this section. The application shall be made available and posted on the department's publicly accessible Internet website. The department shall accept and process applications on a rolling basis until either funding for the program has been exhausted, or the Federal deadline for the use of child care stabilization funds under the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4), whichever occurs first. The department shall approve or deny an application no later than 30 days after the receipt of the application.

(c) Funding methodology.--The department shall develop a methodology for determining the operating costs of qualified child-care providers that is allowable under Federal law and guidance. Funding under the program shall, to the extent practicable, cover sufficient operating expenses to ensure continuous operations for the intended period of the funding.

(d) Infant and toddler supplemental payment.--The department shall provide additional funds to qualified child-care providers serving infants or toddlers.

(e) Distribution of funds.--In accordance with Federal law or guidance, the department may not require qualified child-care providers to incur expenses to receive funding under the program. Qualified child-care providers may use funding to reimburse expenses incurred since January 31, 2020. The department shall distribute program funding to qualified child-care providers within 30 days of an application being approved.

(f) Eligible uses of funding.--Program funding shall be in accordance with Federal law and guidance and may include the following:

(1) Personnel costs, including payroll and salaries or similar compensation for an employee, including a sole proprietor or independent contractor, employee benefits, premium pay or costs for employee recruitment and retention.

(2) Rent or payment on a mortgage obligation, utilities, facilities maintenance or improvements and insurance.

(3) Personal protective equipment, cleaning and sanitation supplies and services and health and safety practices.

(4) Purchases of or updates to equipment and supplies to respond to the COVID-19 pandemic.

(5) Goods or services necessary to maintain or resume child-care services.

(6) Mental health supports for children and employees.

Section 104-H. Power and duties of department.

(a) General rule.--The department shall have the power and duty to:

(1) Implement and administer the program in accordance with Federal law or guidance. The department shall compile and transmit information necessary to implement the program and comply with programmatic and eligibility requirements under Federal law or guidance.

(2) Allocate and disburse program funds to qualified child-care providers.

(3) Require qualified child-care providers to submit reports containing information required for compliance with Federal law or guidance, in the form and by the deadline prescribed by the department. The department may not subject qualified child-care providers to additional reporting that is not required by Federal law or guidance, State law or this article.

(4) Monitor, inspect or audit the financial, operating and accounting records of a qualified child-care provider that receives program funding, if deemed necessary by the department.

(5) Withhold, recover or reduce program funding of a qualified child-care provider determined to have administered the program in violation of Federal or State requirements.

(6) By December 11, 2021, issue a report 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 on the percentage of money that has been obligated for the program. If the percentage is below 50%, an analysis must be provided on how the department can achieve the spending deadlines in Federal law or guidance.

(7) By April 1, 2022, issue a report 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 on the amount of money remaining for the program and if the remaining money cannot be obligated by September 30, 2022.

(8) By December 31, 2023, issue a report 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 and post the report to the department's publicly accessible Internet website. The report shall include the following information:

(i) The total number of applications received by the department.

(ii) The total amount of qualified child-care providers that received funding.

(iii) The qualified child-care providers that received funding by county.

(iv) The number of qualified child-care providers that received funding and were open at the time of their application.

(v) The number of qualified child-care providers that received funding and were temporarily closed at the time of their application.

(vi) The total amount of program funding spent.

(vii) If program funding could not be spent, the amount of unspent money and a description as to why all of the program funding was not spent.

(viii) A description on the use of program funding.

(ix) An itemization of the department's expenditures for administrative costs on the program.

(b) Costs.--To the extent permitted by Federal law, the department may utilize an amount not to exceed 10% of the amount appropriated to cover the costs associated with the administration of the program.

Section 105-H. Distribution of funding.

From money appropriated for COVID Relief-ARPA-Child Care Stabilization Grant Program, $728,864,000 shall be distributed by the department for the purposes under this article.

Section 8. Section 731 of the act is amended to read:

Section 731. Confidential Information.--[Any] Except as provided by law, any information gained by any administrative department, board, or commission, as a result of any returns, reports, correspondence, claims, investigations, hearings, certifications or verifications required or authorized under the statutes of the Commonwealth imposing taxes or bonus for State purposes, or providing for the collection of the same, providing for credits as administered by the Department of Revenue independently or in conjunction with other agencies or revenue transfers to improvement or economic development zones shall be confidential except for official purposes, and except that such information may be given to any other state or to the Government of the United States, where such state or the United States by law authorizes the furnishing of similar information to the Commonwealth of Pennsylvania. Any person or agent divulging such information shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be sentenced to pay a fine not in excess of five hundred dollars ($500.00), or to undergo imprisonment for not more than three (3) years, or both, in the discretion of the court.

For purposes of this section, information regarding [refunds or credits and the names of] the amounts of refunds or credits and the identity of the persons or corporations entitled thereto, which is available for public inspection under the provisions of this act, shall not be deemed confidential.

Section 9. Section 1601.2-E(e) of the act, amended May 29, 2020 (P.L.158, No.23), is amended to read:

Section 1601.2-E. Oil and Gas Lease Fund.

* * *

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

(1) (i) Except as provided under subparagraph (ii), for the 2017-2018 fiscal year and each fiscal year thereafter, $20,000,000 shall be transferred from the fund to the Marcellus Legacy Fund for distribution to the Environmental Stewardship Fund.

(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 [and], 2020-2021 and 2021-2022 fiscal year.

(2) For the 2017-2018 fiscal year and each fiscal year thereafter, $15,000,000 shall be transferred from the fund to the Marcellus Legacy Fund for distribution to the Hazardous Sites Cleanup Fund.

Section 10. The act is amended by adding articles to read:

ARTICLE XVI-P

ANGEL INVESTMENT VENTURE CAPITAL PROGRAM

Section 1601-P. Short title.

This article shall be known and may be cited as the Angel Investment Venture Capital Program Act.

Section 1602-P. 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 Angel Investment Venture Capital Account established under section 1604-P.

"Angel investor." A person or entity whose purpose is to make investments in companies.

"Eligible applicant." An angel investor or a qualified business venture.

"Office." The Executive Offices of the Governor.

"Program." The Angel Investment Venture Capital Program established under section 1603-P.

"Qualified business venture." A business that:

(1) Is primarily focused on commercialization of research and development, technology transfers or the application of new technology, or if not engaged in those industries, the office makes a determination that the qualified investment will be highly beneficial to the economic growth of this Commonwealth.

(2) Has at least 51% of its employees employed in this Commonwealth at the time the qualified business venture applies for a qualified investment.

(3) Has fewer than 100 employees at the time the qualified business venture applies for a qualified investment.

(4) Has been in operation in this Commonwealth for not more than five consecutive years at the time the qualified business venture applies for a qualified investment.

(5) Has not received more than $2,000,000, in the aggregate, in private equity investments of which not more than $1,000,000 was invested by a single investor.

(6) Is not engaged in a business involving the following:

(i) Real estate.

(ii) Real estate development.

(iii) Insurance.

(iv) Professional services provided by an accountant, a lawyer or a physician.

(v) Retail sales, except when the primary purpose of the business is the development or support of electronic commerce using the Internet.

"Qualified investment." A payment of money or its equivalent for a private equity interest in a qualified business venture.

Section 1603-P. Establishment.

The Angel Investment Venture Capital Program is established as a grant program within the office. The program shall:

(1) Create a business environment that attracts and encourages early-stage financing for businesses with the potential for high growth.

(2) Increase capital investment.

(3) Encourage job creation.

Section 1604-P. Angel Investment Venture Capital Account.

The Angel Investment Venture Capital Account is established as a restricted account within the General Fund. Money transferred under section 1605-P shall be deposited into the account. All money in the account shall be used by the office for the purpose of making grants under this article.

Section 1605-P. Transfer from the Commonwealth Financing Authority.

In fiscal year 2021-2022, $5,000,000 from the trust account established under 64 Pa.C.S. § 1541 (relating to trust accounts) for the Building Pennsylvania Program shall be transferred to the Angel Investment Venture Capital Account and made available for distribution in accordance with this article, subject to the provisions of any pledge to or agreement made by the Commonwealth Financing Authority with or for the benefit of obligees of the authority.

Section 1606-P. Applications.

(a) Application for angel investor.--An angel investor may submit an application to the office requesting a grant agreement related to a qualified investment to be made in a qualified business venture. The application shall be on a form prescribed by the office.

(b) Application for qualified business venture.--A qualified business venture may submit an application to the office requesting a qualified investment. The application shall be on a form prescribed by the office.

(c) Review.--The office shall review each application submitted under this section to determine the suitability of the eligible applicant.

(d) Approval.--Upon being satisfied under subsection (c), the office shall approve the applications and award a grant for making a qualified investment in a qualified business venture.

(e) Notification.--The office shall notify the angel investor and the qualified business venture of the amount of the grant to be invested within 30 days after approval by the office and execute a grant agreement with the angel investor.

Section 1607-P. Limitation.

The total amount of grants awarded under section 1606-P(d) shall not exceed the amount transferred under section 1605-P.

Section 1608-P. Annual report.

(a) Report.--The office shall provide an annual report, which shall include, but not be limited to:

(1) A list of all grants approved during the previous fiscal year.

(2) The name and address of each recipient, including the name of a contact person of the recipient.

(3) The amount of the grant and a detailed description of the project for which the grant was awarded.

(b) Submission of report.--The report required under subsection (a) shall be submitted 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 by October 1, 2022. The report shall also be posted and maintained on the office's publicly accessible Internet website.

ARTICLE XVI-Q

TRANSPORTATION PILOT PROGRAMS

Section 1601-Q. Electric low-speed scooter pilot program.

(a) Requirement.--An electric low-speed scooter may only be operated on a pedalcycle lane on a roadway, a roadway or a pedalcycle path within the boundaries of a city of the second class where an executive order has been issued authorizing the operation of electric low-speed scooters under a micro-mobility pilot project as provided under subsection (b). Other places to operate an electric low-speed scooter within the boundaries of the city may be authorized by executive order, in consultation with the property owner.

(b) Micro-mobility pilot project.--An executive order may be issued in a city of the second class which authorizes the use of electric low-speed scooters under a micro-mobility pilot project to commence in the city and which provides a limited fleet of electric low-speed scooters, as determined by the city, within the boundaries of the city.

(c) Operation.--Unless otherwise specified, every individual operating an electric low-speed scooter authorized under subsection (a) shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a pedalcycle under 75 Pa.C.S. Ch. 35 Subch. A (relating to operation of pedalcycles).

(d) Age requirement.--The following shall apply:

(1) No individual under 16 years of age may operate an electric low-speed scooter on a roadway unless permitted by local ordinance.

(2) No commercial electric scooter enterprise may rent an electric low-speed scooter to an individual under 16 years of age.

(e) Speed requirement.--No individual may operate an electric low-speed scooter on a pedalcycle lane on a highway, a roadway or a pedalcycle path at a speed greater than 15 miles per hour.

(f) Lamps and reflectors.--Every electric low-speed scooter when operated between sunset and sunrise shall be equipped on the front with a lamp which emits a beam of white light intended to illuminate the electric low-speed scooter's path and is visible from a distance of at least 500 feet in front, a red lamp facing to the rear which is visible at least 500 feet to the rear and a reflector on each side. A lamp worn by the operator of the electric low-speed scooter shall comply with the requirements of this subsection if the lamp can be seen at the distances specified under this subsection.

(g) Operation prohibited on freeways.--No individual may operate an electric low-speed scooter on a freeway or on highways and streets with a posted speed limit of 35 miles per hour or more.

(h) Powers of department and local authorities.--This section shall not be deemed to prevent the Department of Transportation on State-designated highways and local authorities on streets or highways within the local authority's physical boundaries from the reasonable exercise of the department's or the local authority's police powers.

(i) Ordinances, policies and regulations.--Notwithstanding any other provision of law, a city of the second class may adopt an ordinance, regulation or policy for the safety, operation and management of electric low-speed scooters. If an electric low-speed scooter operates on a roadway owned by the Department of Transportation, the department shall be consulted prior to the adoption of the ordinance, policy or regulation.

(j) Presumption.--For the purposes of this section, it is presumed to be a reasonable exercise of police power to regulate the use of electric low-speed scooters consistent with the regulation of pedalcycles under 75 Pa.C.S. Ch. 35 Subch. A.

(k) Application.--Notwithstanding 75 Pa.C.S. Ch. 11 Subch. A (relating to certificate of title) or 75 Pa.C.S. Ch. 13 Subch. A (relating to general provisions), electric low-speed scooters authorized under this section shall not be required to comply with certificate of title or vehicle registration requirements under 75 Pa.C.S. (relating to vehicles).

(l) Construction.--Notwithstanding any other provision of law to the contrary, an electric low-speed scooter under this article shall not be construed as a "motor vehicle" as defined in 75 Pa.C.S. § 102 (relating to definitions).

(m) Report.--A city of the second class, in coordination with the Department of Transportation, shall prepare a report on the micro-mobility pilot program 60 days prior to the expiration of the micro-mobility pilot program. The report shall:

(1) Include the number of rides, the number of accidents, frequency of use, any ordinance, regulation or policy adopted under subsection (i) and safety, mobility and economic impacts.

(2) Be submitted to the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(n) Financial responsibility.--A city of the second class shall require financial responsibility for a commercial electric scooter enterprise as follows:

(1) A commercial electric scooter enterprise shall maintain the following insurance that is in effect for the duration of the micro-mobility pilot project:

(i) commercial general liability insurance coverage with a limit of at least $2,000,000 for each occurrence and $2,000,000 aggregate;

(ii) automobile insurance coverage with a limit of at least $1,000,000 for each occurrence and $1,000,000 aggregate; and

(iii) when the scooter-share operator employs an individual, workers' compensation coverage of no less than required by law.

(2) A commercial electric scooter enterprise shall provide proof of insurance coverage to the city to satisfy the requirements of this subsection.

(3) In addition to any fines that may be imposed, the city may impose a civil penalty on a commercial electric scooter enterprise that does not provide the insurance required under this subsection in an amount not to exceed $1,000 per day the commercial electric scooter enterprise is operated without providing the required insurance. A civil penalty collected under this paragraph by the city shall be used for the safety, operation and management of electric low-speed scooters or pedalcycles.

(o) Expiration.--This section shall expire two years after the effective date of this section.

(p) 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:

"Commercial electric scooter enterprise." A person that makes electric low-speed scooters available for rent to the public for use as determined by a city of the second class.

"Electric low-speed scooter." As follows:

(1) A device weighing less than 100 pounds that:

(i) has handlebars and an electric motor;

(ii) has a floorboard which can be stood upon while riding; and

(iii) is solely powered by the electric motor or human power, or both.

(2) The term does not include a "pedalcycle with electric assist," an "electric personal assistive mobility device," a "motorcycle," a "motorized pedalcycle" or a "motor-driven cycle" as defined in 75 Pa.C.S. § 102.

"Freeway." As defined in 75 Pa.C.S. § 102.

"Highway." As defined in 75 Pa.C.S. § 102.

"Local authorities." As defined in 75 Pa.C.S. § 102.

"Pedalcycle." As defined in 75 Pa.C.S. § 102.

"Roadway." As defined in 75 Pa.C.S. § 102.

Section 11. Section 1702-A(b)(1) of the act is amended by adding a subparagraph to read:

Section 1702-A. Funding.

* * *

(b) Transfer of portion of surplus.--

(1) Except as may be provided in paragraph (2), for fiscal years beginning after June 30, 2002, the following apply:

* * *

(xii) If the Secretary of the Budget certifies that there is a surplus in the General Fund for the 2020-2021 fiscal year, 100% of the surplus shall be deposited by the end of the next succeeding quarter into the Budget Stabilization Reserve Fund established under section 1701-A.

* * *

Section 12. Section 1732-A of the act is amended to read:

Section 1732-A. Expiration.

This subarticle shall expire [June 30, 2021] December 31, 2025.

Section 13. Section 1712-A.1(a)(2)(ii) of the act, amended May 29, 2020 (P.L.158, No.23), 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 [and], 2020-2021 and 2021-2022, 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 14. Section 1713-A.1(b)(1) of the act is amended and the subsection is amended by adding a paragraph to read:

Section 1713-A.1. Use of fund.

* * *

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

[(1) (Reserved).]

* * *

(1.8) For fiscal year 2021-2022, the General Assembly shall appropriate money in the fund in accordance with the following percentages based on the sum of the portion of the annual payment deposited and the amount deposited under section 1712-A.1(a)(2)(ii) in the fiscal year:

(i) Four and five-tenths percent for tobacco use prevention and cessation programs under Chapter 7 of the Tobacco Settlement Act.

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

(A) Seventy percent to fund research under section 908 of the Tobacco Settlement Act.

(B) Thirty percent as follows:

(I) One million dollars for spinal cord injury research programs under section 909.1 of the Tobacco Settlement Act.

(II) From the amount remaining after the amount under subclause (I) has been determined:

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

(b) Twenty-five percent for capital and equipment grants to be allocated by the Department of Health to entities engaging in biotechnology research, including entities engaging in regenerative medicine research, regenerative medicine medical technology research, hepatitis and viral research, drug research and clinical trials related to cancer, research relating to pulmonary embolism and deep vein thrombosis, genetic and molecular research for disease identification and eradication, vaccine immune response diagnostics, nanotechnology research and the commercialization of applied research.

(iii) One percent for health and related research under section 909 of the Tobacco Settlement Act.

(iv) Eight and eighteen hundredths percent for the uncompensated care payment program under Chapter 11 of the Tobacco Settlement Act.

(v) Thirty percent for the purchase of Medicaid benefits for workers with disabilities under Chapter 15 of the Tobacco Settlement Act.

(vi) Forty-three and seventy-two hundredths percent shall remain in the fund to be separately appropriated for health-related purposes.

* * *

Section 15. Section 1723-A.1 of the act, amended May 29, 2020 (P.L.158, No.23), is amended 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:

(1) An amount equal to 18% of the daily gross terminal revenue of each Category 1 licensee shall be distributed to each active and operating Category 1 licensee conducting live racing unless the daily assessments are affected by the daily assessment cap provided for in 4 Pa.C.S. § 1405(c) (relating to Pennsylvania Race Horse Development Fund). In cases in which the daily assessment cap affects daily assessments, the distribution to each active and operating Category 1 licensee conducting live racing for that day shall be a percentage of the total daily assessments paid into the fund for that day equal to the gross terminal revenue of each active and operating Category 1 licensee conducting live racing for that day divided by the total gross terminal revenue of all active and operating Category 1 licensees conducting live racing for that day. Except as provided in paragraphs (2) and (2.1), the distributions to licensed racing entities from the fund shall be allocated as follows:

(i) Eighty percent shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(ii) For thoroughbred tracks, 16% shall be deposited on a monthly basis into the Pennsylvania Breeding Fund. For standardbred tracks, 8% shall be deposited on a monthly basis in the Pennsylvania Sire Stakes Fund, and 8% shall be deposited on a monthly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The commission shall, in consultation with the Secretary of Agriculture, by rule or by regulation, adopt a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

(iii) Four percent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the commission. This amount shall be deposited within five business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization.

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

(i) For fiscal years 2013-2014 and 2014-2015, each week, $802,682 in the fund shall be transferred to the account. This transfer shall not exceed $17,659,000 annually.

(i.1) In addition to the transfer under subparagraph (i), for a total of 14 weeks from the effective date of this subparagraph, each week, $300,000 shall be transferred from the fund, for a total amount of $4,200,000, to the State Racing Fund to be used exclusively for the enforcement of the act of December 17, 1981 (P.L.435, No.135), known as the Race Horse Industry Reform Act. Moneys transferred pursuant to this subparagraph shall not be transferred subsequently to any other State fund or account for any purpose.

(i.2) For fiscal year 2015-2016, beginning on the effective date of this subparagraph, the sum of $25,759,000 in the fund shall be transferred to the account in equal weekly amounts sufficient to complete the transfer by June 30, 2016.

(i.3) For fiscal year 2016-2017, the sum of $19,659,000 in the fund shall be transferred to the account in 22 equal weekly amounts beginning on the effective date of this subparagraph.

(i.4) For fiscal year 2017-2018, the sum of $19,659,000 in the fund shall be transferred to the account in 22 equal weekly amounts beginning on the effective date of this subparagraph.

(i.5) For fiscal year 2018-2019, the sum of $19,659,000 in the fund shall be transferred to the account in 22 equal weekly amounts beginning on the effective date of this subparagraph.

(i.6) For fiscal year 2019-2020, the sum of $19,659,000 in the fund shall be transferred to the account in 22 equal weekly amounts beginning on the effective date of this subparagraph.

(i.7) For fiscal year 2020-2021, the sum of $19,659,000 in the fund shall be transferred to the account in 22 weekly amounts beginning on September 1, 2020.

(i.8) For fiscal year 2021-2022, the sum of $19,659,000 in the fund shall be transferred to the account in 22 equal weekly amounts beginning on the effective date of this subparagraph.

(ii) Each week, the money remaining in the fund after any transfer under subparagraphs (i), (i.1), (i.2), (i.3), (i.4), (i.5), (i.6) [and], (i.7) and (i.8) shall be distributed to each active and operating Category 1 licensee conducting live racing in accordance with the following formula:

(A) Divide:

(I) the total daily assessments paid, by each active and operating Category 1 licensee conducting live racing, into the fund for that week; by

(II) the total daily assessments paid, by all active and operating Category 1 licensees conducting live racing, into the fund for that week.

(B) Multiply the quotient under clause (A) by the amount to be distributed under this subparagraph.

(iii) The distribution under subparagraph (ii) shall be allocated as follows:

(A) The greater of 4% of the amount to be distributed under subparagraph (ii) or $220,000 shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at the racetrack at which the licensed racing entity operates for the benefit of the organization's members, their families, employees and others in accordance with the rules and eligibility requirements of the organization, as approved by the commission. This amount shall be deposited within five business days of the end of each week into a separate account to be established by each respective horsemen's organization at a banking institution of its choice. Of this amount, a minimum of $250,000 shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the racetrack at which the licensed racing entity operates for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers in accordance with the rules and eligibility requirements of that organization. The total distribution under this clause in any fiscal year shall not exceed $11,400,000.

(B) Of the money remaining to be distributed under subparagraph (ii) after application of clause (A), the following disbursements shall be made:

(I) Eighty-three and one-third percent of the money to be distributed under this clause shall be deposited on a weekly basis into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen. The earned interest on the account shall be credited to the purse account. Licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen.

(II) For thoroughbred tracks, 16 and 2/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Breeding Fund. For standardbred tracks, 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into the Pennsylvania Sire Stakes Fund; and 8 and 1/3% of the money to be distributed under this clause shall be deposited on a weekly basis into a restricted account in the State Racing Fund to be known as the Pennsylvania Standardbred Breeders Development Fund. The commission shall, in consultation with the Secretary of Agriculture, promulgate regulations adopting a standardbred breeders program that will include the administration of the Pennsylvania Stallion Award, the Pennsylvania Bred Award and the Pennsylvania Sired and Bred Award.

(3) The following shall apply:

(i) For fiscal year 2016-2017, the department shall transfer $8,555,255 from the fund to the State Racing Fund pursuant to section 2874-D of The Administrative Code of 1929.

(ii) For fiscal year 2017-2018, the department shall transfer $10,066,000 from the fund to the State Racing Fund pursuant to 3 Pa.C.S. § 9374 (relating to costs of enforcement of medication rules or regulations).

(iii) For fiscal year 2018-2019, the department shall transfer $10,066,000 from the fund to the State Racing Fund pursuant to 3 Pa.C.S. § 9374.

(iv) For fiscal year 2019-2020, the department shall transfer $10,066,000 from the fund to the State Racing Fund pursuant to 3 Pa.C.S. § 9374.

(v) For fiscal year 2020-2021, the department shall transfer $10,066,000 from the fund to the State Racing Fund pursuant to 3 Pa.C.S. § 9374(a). 3 Pa.C.S. § 9374(a) shall expire June 30, 2022.

(vi) For fiscal year 2021-2022, the department shall transfer $10,066,000 from the fund to the State Racing Fund pursuant to 3 Pa.C.S. § 9374(a).

(b) (Reserved).

Section 16. Article XVII-A.1 of the act is amended by adding a subarticle to read:

SUBARTICLE J

Opioid Settlement Restricted Account

Section 1791-A.1. Definitions.

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

"Account." The Opioid Settlement Restricted Account established under section 1792-A.1.

Section 1792-A.1. Opioid Settlement Restricted Account.

(a) Establishment.--The Opioid Settlement Restricted Account is established within the General Fund as a restricted account.

(b) Deposits.--Money received by a State agency as a result of a settlement, litigation or an enforcement action related to claims made by the Commonwealth relating to opioids shall be deemed funds of the Commonwealth and shall, upon receipt, be deposited into the account. Interest earned on money in the account shall be deposited into the account. Money received by county, municipal or local governments and agencies, including district attorneys, shall not be deemed funds of the Commonwealth and shall not be deposited into the account.

Section 17. 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 repeals under paragraph (2) are necessary to effectuate subparagraph (iii).

(2) Articles XVII-B and XVII-C of the act are repealed.

Section 18. The act is amended by adding articles to read:

ARTICLE XVII-B

2021-2022 BUDGET IMPLEMENTATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1701-B. Applicability.

Except as specifically provided in this article, this article applies to the General Appropriation Act of 2021 and all other appropriation acts of 2021.

Section 1702-B. Definitions.

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

"General Appropriation Act of 2021." The act of June 30, 2021 (P.L. , No.1A), known as the General Appropriation Act of 2021.

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

"Most recent Federal decennial census." The Federal decennial census for which final population figures were published as of the first day of the calendar year in which this article is enacted.

"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-B. Department of Criminal Justice.

For the purposes of the General Appropriation Act of 2021, a reference to the Department of Criminal Justice shall be deemed to be a reference to the Department of Corrections or the Pennsylvania Parole Board, or both, as applicable.

Section 1704-B. Construction.

For the purposes of this article, a reference to the classification of a county, city, borough or township shall be deemed to be a reference to the classification of the county, city, borough or township as of the effective date of this section.

SUBARTICLE B

EXECUTIVE DEPARTMENTS

Section 1711-B. Governor (Reserved).

Section 1712-B. Executive offices.

The following apply to appropriations for the Pennsylvania Commission on Crime and Delinquency:

(1) 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.

(2) The following apply:

(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, $400,000 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) From the amount appropriated, $250,000 shall be available to the Judicial Computer System Financial Audit Committee to carry out its duties pursuant to legislation enacted by the Commonwealth after the effective date of this subparagraph.

(3) No less than $1,500,000 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) of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 228).

(4) From money appropriated for violence and delinquency prevention programs. The following apply:

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

(ii) no less than the amount used in the 2014-2015 fiscal year shall be used for blueprint mentoring programs that address reducing youth violence in cities of the first, second and third class with programs in cities of the second class and third class also receiving a proportional share of $50,000.

(5) Funds appropriated for violence intervention and prevention shall be used solely to provide grants and technical assistance to community-based organizations, institutions of higher education, municipalities, district attorneys and other entities in accordance with the provisions of section 1306-B(b) of the Public School Code of 1949 and notwithstanding the provisions of section 1306-B(h)(7) of the Public School Code of 1949 for programs eligible under section 1306-B(j)(22) of the Public School Code of 1949.

Section 1713-B. Lieutenant Governor (Reserved).

Section 1714-B. Attorney General (Reserved).

Section 1715-B. Auditor General.

The following shall apply to appropriations to the Department of Auditor General:

From money appropriated for special financial audits, $500,000 shall be used for the financial auditing of entities that receive funds through contracts with the Department of Human Services from money appropriated for Medical Assistance - Capitation, Medical Assistance Community HealthChoices, Medical Assistance - Long-term Living, Mental Health Services or the Intellectual Disabilities - Community Waiver Program.

Section 1716-B. Treasury Department (Reserved).

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

Section 1718-B. Department of Agriculture.

The following apply to appropriations for the Department of Agriculture:

(1) From money appropriated for general government operations, no less than the amount transferred in the 2014-2015 fiscal year shall be transferred to the Dog Law Restricted Account.

(2) From money appropriated for general government operations, no less than $250,000 shall be used for the Commission of Agricultural Education Excellence to assist in development and implementation of agricultural education programming.

(3) 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.

(4) The appropriation for agriculture promotion, education and exports includes $250,000 for costs related to supporting the expansion of industrial hemp farming, including program development, outreach, education and refining and processing.

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

(7) From money appropriated for Livestock and Consumer Health Protection, funding shall be used for information technology projects and for equipment acquisition and maintenance in the Bureau of Animal Health and Diagnostic Services and in the Bureau of Food Safety and Laboratory Services.

(8) In addition to the uses provided in section 7.3 of the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," the department may use up to a total of $165,000 in the Agricultural Conservation Easement Purchase Fund under section 7.1 of the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," to issue grants not to exceed $5,000 each for succession planning to ensure that agricultural operations continue on land subject to agricultural conservation easements. The department, in consultation with the State Agricultural Land Preservation Board, shall establish eligibility criteria for awarding grants under this paragraph.

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

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

(1) From money appropriated for general government operations, no less than $1,200,000 shall be used to support a manufacturing technology development effort and to assist Pennsylvania small businesses with enhanced cyber security in a county of the fourth class with a population of at least 143,679, but not more than 144,200, under the most recent Federal decennial census.

(2) From money appropriated for marketing to attract tourists:

(i) $4,054,000 to fund the activities of the tourism office within the department; and

(ii) the remaining money includes an allocation to be used to plan, market and conduct a series of arts and cultural activities that generate Statewide and regional economic impact, and $500,000 shall be used for an annual Statewide online 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 Keystone Communities:

(i) $6,357,000 shall be used to fund the Main Street Program, Elm Street Program, Enterprise Zone Program and accessible housing. The allocation for the Main Street Program, Elm Street Program, Enterprise Zone Program and accessible housing shall be distributed in the same proportion as amounts allocated in fiscal year 2012-2013.

(ii) The remaining money shall be used for projects supporting economic growth, community development and municipal assistance throughout this Commonwealth.

(4) Funds 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 determines that a public safety emergency has occurred.

(5) 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 funds received pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633) for administrative costs.

(6) 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, Pennsylvania State System of Higher Education universities, the Pennsylvania College of Technology and community colleges located in this Commonwealth.

(7) From money appropriated for the Office of International Business Development, the department shall reopen and maintain an Office of Trade and Investment in a city which operates in an economy which is part of the Asia-Pacific Economic Cooperation international forum and in which an Office of Trade and Investment existed on July 1, 2020. An Office of Trade and Investment which is required to be reopened under this clause shall be reopened no later than March 31, 2022.

Section 1720-B. Department of Conservation and Natural Resources (Reserved).

Section 1721-B. Department of Corrections.

The following apply to appropriations for the Department of Corrections:

(1) From the appropriation to the Department of Criminal Justice for general government operations under the General Appropriation Act of 2021, no less than $1,750,000 shall be used by the Department of Corrections for nonnarcotic medication substance use disorder treatment, which may include the establishment and administration of a nonnarcotic medication assisted substance abuse treatment grant program.

(2) Notwithstanding any other provision of law to the contrary, for the purposes of any program funded under paragraph (1) and established under 61 Pa.C.S. Ch. 46 (relating to nonnarcotic medication assisted substance abuse treatment grant pilot program), 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.

Section 1721.1-B. Department of Drug and Alcohol Programs (Reserved).

Section 1722-B. Department of Education.

The following shall apply to appropriations to the Department of Education:

(1) 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 60,000 but not more than 70,000; and

(ii) no less than the amount allocated in the 2016-2017 fiscal year shall be used for an after-school learning program servicing low-income students located in a county of the third class with a population, based on the most recent Federal decennial census, of at least 320,000 but not more than 321,000.

(2) From money appropriated for the Pre-K Counts Program, the per-student grant award amount for grants made pursuant to section 1514-D of the Public School Code of 1949 shall be paid at the same rate as the amount paid in fiscal year 2019-2020.

(3) Notwithstanding any provision to the contrary, the appropriation for pupil transportation may not be redirected for any purpose.

(4) From money appropriated for Pennsylvania Chartered Schools for the Deaf and Blind:

(i) Upon distribution of the final tuition payment for the fiscal year, the balance of the appropriation, excluding funds for capital-related costs and deferred maintenance, 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) $500,000 is included for capital-related costs and deferred maintenance to be divided equally between each school.

(5) Notwithstanding any other provision of law, money from the set-aside under section 2509.8 of the Public School Code of 1949 shall be allocated to each approved private school with a day tuition rate determined to be less than $32,000 during the 2010-2011 school year. The allocation shall be no less than the amount allocated in the 2015-2016 fiscal year.

(6) The following shall apply:

(i) Notwithstanding any other provision of law, funds set aside under section 2509.8 of the Public School Code of 1949 shall include an allocation of $1,000,000 for an approved private school which received a payment under section 1722-F(3).

(ii) The allocation under subparagraph (i) shall be in addition to an allocation from an appropriation for approved private schools.

(iii) For the purposes of the formula for approved private schools under section 1376 of the Public School Code of 1949 for the 2022-2023 fiscal year, a payment made under this paragraph shall be considered part of the base allocation in section 1376(a.2) of the Public School Code of 1949.

(7) Money appropriated for regional community college services shall be distributed to each entity that received funding in fiscal year 2019-2020 in an amount equal to the amount it received in that fiscal year.

(8) Money appropriated for community education councils shall be distributed to each entity that received funding in fiscal year 2019-2020 in an amount equal to the amount it received in that fiscal year.

(9) Notwithstanding section 1724-A of the Public School Code of 1949 or 24 Pa.C.S. § 8329 (relating to payments on account of social security deductions from appropriations), no payments shall be made to charter schools, regional charter schools or cyber charter schools authorized under Article XVII-A of the Public School Code of 1949 to provide for Social Security and Medicare contributions from money appropriated for basic education funding or school employees' Social Security.

(10) Notwithstanding section 1724-A of the Public School Code of 1949 or 24 Pa.C.S. §§ 8326 (relating to contributions by the Commonwealth) and 8535 (relating to payments to school entities by Commonwealth), no payments shall be made to charter schools, regional charter schools or cyber charter schools authorized under Article XVII-A of the Public School Code of 1949 from money appropriated for payment of required contributions for public school employees' retirement.

Section 1723-B. Department of Environmental Protection (Reserved).

Section 1724-B. 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 1725-B. Department of Health.

The following apply to appropriations for the Department of Health:

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

(2) From money appropriated for diabetes programs, $100,000 shall be allocated for Type I diabetes awareness, education and outreach.

(3) From money appropriated for adult cystic fibrosis and other chronic respiratory illnesses. The following apply:

(i) No less than the amount used in the 2014-2015 fiscal year shall be used for a program promoting cystic fibrosis research in a county of the second class.

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

(4) Money appropriated for Lyme disease includes $750,000 for costs related to free tick testing for residents performed in conjunction with a university that is part of the State System of Higher Education, including outreach and marketing.

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

(6) 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, pulmonary embolism and deep vein thrombosis, for genetic and molecular research for disease identification and eradication, for vaccine immune response diagnostics, for nanotechnology and for the commercialization of applied research.

(7) From the appropriation for leukemia and lymphoma, $200,000 shall be allocated to a branch of an eastern Pennsylvania chapter of a nonprofit organization, where the branch is located within a city of the third class that is located in two counties of the third class, dedicated to awareness, education, patient assistance and outreach related to blood cancer.

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

(9) Funds appropriated for sickle cell anemia services, including camps for children with sickle cell anemia, shall be distributed to grantees in the same proportion as distributed in fiscal year 2019-2020.

(10) Funds 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.

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

Section 1726-B. Insurance Department (Reserved).

Section 1727-B. Department of Labor and Industry.

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

(1) From money appropriated to the Department of Labor and Industry for Industry Partnerships:

(i) No less than the amount allocated in the 2014-2015 fiscal year shall be used for a work force development program that links veterans with employment in a home rule county that was formerly a county of the second class A.

(ii) (Reserved).

(2) (Reserved).

Section 1728-B. Department of Military and Veterans Affairs (Reserved).

Section 1729-B. Department of Human Services.

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

(1) From money appropriated for mental health services or from Federal money, $580,000 shall be used for the following:

(i) The operation and maintenance of a network of web portals that provide comprehensive referral services, support and information relating to early intervention, prevention and support for individuals with mental health or substance abuse issues, county mental health offices, providers and others that provide mental and behavioral health treatment and related services.

(ii) The expansion of the existing web portals, including services and resources for military veterans and their families, including comprehensive referral services for transitional, temporary and permanent housing, job placement and career counseling and other services for military veterans returning to civilian life.

(2) From money appropriated for mental health services, $100,000 shall be allocated for expanded services for a pediatric mental health hospital and an adolescent residential treatment program in a county of the third class with a population of at least 349,000, but not more than 350,000, under the most recent Federal Decennial Census.

(3) The following shall apply:

(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 Select Plan 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) From money appropriated for medical assistance fee-for-service care the following apply:

(A) No less than the amount used in the 2017-2018 fiscal year shall be used for cleft palates and other craniofacial anomalies.

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

(C) No less than $500,000 shall be distributed for improvements to an acute care hospital located in a city of the first class.

(D) No less than $2,500,000 shall be distributed to a hospital in a city of the third class in a home rule county that was formerly a county of the second class A.

(E) No less than $2,000,000 shall be distributed to a university located in a city of the first class to expand research and treatment protocols for combating opioid addiction.

(F) No less than $1,850,000 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.

(G) No less than $2,500,000 shall be distributed to an acute care hospital in a city of the third class with a population between 14,000 and 15,000 according to the most recent Federal decennial census in a county of the third class with a population between 360,000 and 370,000 according to the most recent Federal decennial census.

(v) From money appropriated for medical assistance capitation:

(A) 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.

(B) Funds are provided for a $5-per-hour increase in the fee-for-service fee schedule rate for pediatric shift nursing services provided by registered nurses and licensed practical nurses in a home care setting effective January 1, 2022.

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

(A) No less than the amount distributed in the 2014-2015 fiscal year shall be distributed to a county nursing home located in a home rule county that was formerly a county of the second class A with more than 725 beds and a Medicaid acuity at 0.79 as of August 1, 2015.

(B) 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 1.18 as of August 1, 2020, to ensure access to necessary nursing care in that county.

(C) $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 1.04 as of August 1, 2020, to ensure access to necessary nursing home care in that county.

(D) An additional $750,000 shall be paid in equal payments to nursing facilities 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%.

(vii) Federal or State money appropriated under the General Appropriation Act of 2021 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.

(viii) Qualifying academic medical centers that received money for fiscal year 2017-2018 shall not receive any less than the State appropriation made available to those academic medical centers during fiscal year 2017-2018.

(ix) 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.

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

(xi) (A) Subject to Federal approval of necessary amendments of the Title XIX State Plan, from funds appropriated for medical assistance long-term living, $16,000,000 is allocated for medical assistance day-one incentive payments to qualified nonpublic nursing facilities under methodology and criteria under section 443.1(7)(vi) of the Human Services Code.

(B) The Department of Human Services shall determine a nonpublic nursing facility's overall and medical assistance occupancy rate to qualify for a fiscal year 2021-2022 medical assistance day-one incentive payment 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.

(4) The following apply:

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

(ii) (Reserved).

(5) The following shall apply:

(i) Money appropriated for women's service programs grants to nonprofit agencies whose primary function is to promote childbirth and provide alternatives to abortion shall be expended to provide services to women until childbirth and for up to 12 months thereafter, including food, shelter, clothing, health care, counseling, adoption services, parenting classes, assistance for postdelivery stress and other supportive programs and services and for related outreach programs. Agencies may subcontract with other nonprofit entities that operate projects designed specifically to provide all or a portion of these services. Projects receiving money referred to in this subparagraph shall not promote, refer for or perform abortions or engage in any counseling which is inconsistent with the appropriation referred to in this subparagraph and shall be physically and financially separate from any component of any legal entity engaging in such activities.

(ii) Federal funds appropriated for TANFBG Alternatives to Abortion shall be utilized solely for services to women whose gross family income is below 185% of the Federal poverty guidelines.

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

(i) no less than the amount distributed in the 2014-2015 fiscal year shall be distributed to a behavioral health facility located in a county of the fifth class with a population between 130,000 and 135,000 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 130,000 and 135,000 under the most recent Federal decennial census;

(ii) $260,000 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) $260,000 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;

(v) $500,000 shall be allocated for the expansion of an adult autism program in a county of the third class; and

(vi) $500,000 shall be allocated for an entity that provides alternative educational services to individuals with autism and developmental disabilities in a county of the third class with a population of at least 519,000, but not more than 519,500, under the most recent Federal decennial census.

(7) Money appropriated for community-based family centers may not be considered as part of the base for calculation of the county child welfare needs-based budget for a fiscal year.

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

(9) The appropriation for services for the visually impaired includes the following:

(i) an allocation of $2,584,000 for 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 $518,000 to provide specialized services and prevention of blindness services in cities of the first class.

(10) To supplement the money appropriated to the department for medical assistance for workers with disabilities, in addition to the monthly premium established 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.

(11) 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.

(12) Subject to the availability of Federal funds and eligibility under Federal TANFBG rules, grantees who operated within the PA WorkWear program in fiscal year 2019-2020 shall be offered a grant for the fiscal year to continue service delivery under substantially similar terms as previous PA WorkWear grants unless both parties agree to alternate terms.

(13) (i) Beginning with the 2021-2022 fiscal year, the Secretary of Human Services shall report on a quarterly basis in person to the Secretary of the Budget, 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.

(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 and Services.

(K) Early Intervention.

(ii) The information included in a report under subparagraph (i) shall include, but not be limited to, the following:

(A) Number of enrollees by month.

(B) Average cost per enrollee.

(D) Revised estimate of the money needed by appropriation to make required payments for the remainder of the fiscal year.

(iii) If revised estimates under subparagraph (ii)(D) indicate supplemental money may be necessary, the secretary shall provide a detailed explanation, in writing, of the reasons the revised estimates differ from the General Appropriation Act of 2021, or information provided previously under this paragraph.

(14) The department shall submit a State plan amendment to the Commonwealth's State Plan under Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.) to authorize the department to enter into value-based purchasing supplemental rebate agreements with pharmaceutical manufacturers. Subject to Federal approval, supplemental rebate agreements, entered into after the effective date of this paragraph, shall permit outcome-based payments related to the administration of a drug to a single Medical Assistance beneficiary to be measured in a single year or over multiple years.

(15) 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. All proposed services shall be outlined in the Governor's Executive Budget or subsequent updates provided in writing to the General Assembly.

Section 1730-B. Department of Revenue (Reserved).

Section 1731-B. Department of State (Reserved).

Section 1732-B. Department of Transportation.

The following shall apply to appropriations for the Department of Transportation:

(1) From money appropriated for infrastructure projects, $1,900,000 shall be allocated for costs related to capital equipment for a rural transit service headquartered in this Commonwealth that provides intercity line-run service with at least six different line runs.

(2) (i) No later than September 30, 2021, the Department of Transportation shall issue a report containing a summary of the following:

(A) A list of the routes between the northernmost portion of Interstate Route I-99 in the Commonwealth and the southernmost portion of Interstate Route I-99 in New York State which will comprise the length on Interstate Route I-99 when the highway is fully designated as an interstate.

(B) A summary of the remaining issues in the route under clause (1) which do not meet the standards necessary for designation of the route as Interstate Route I-99.

(C) A date that the Department of Transportation expects to make an application to the Federal Highway Administration for the designation of the remaining portions of Interstate Route I-99.

(ii) The report under this paragraph shall be submitted to the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives and to each member of the Senate or the House of Representatives who represents an area that includes the route under subparagraph (i).

(3) (Reserved).

Section 1733-B. Pennsylvania State Police (Reserved).

Section 1734-B. State Civil Service Commission (Reserved).

Section 1735-B. Pennsylvania Emergency Management Agency.

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

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

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

Section 1736-B. Pennsylvania Fish and Boat Commission (Reserved).

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

Section 1737.1-B. State-related institutions.

The following shall apply to appropriations to State-related universities:

(1) Funds appropriated to State-related universities shall only be used for costs directly related to the provision of instruction for graduate and undergraduate students and costs incurred in providing student-related services and community outreach services, consistent with the existing laws of this Commonwealth.

(2) (Reserved).

Section 1738-B. Pennsylvania Higher Education Assistance Agency.

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

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

(2) From funds 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.

Section 1739-B. Pennsylvania Historical and Museum Commission (Reserved).

Section 1740-B. Environmental Hearing Board (Reserved).

Section 1741-B. Pennsylvania Board of Probation and Parole (Reserved).

Section 1742-B. (Reserved).

Section 1743-B. (Reserved).

Section 1744-B. (Reserved).

Section 1745-B. (Reserved).

Section 1746-B. (Reserved).

Section 1747-B. Commonwealth Financing Authority (Reserved).

Section 1748-B. Thaddeus Stevens College of Technology (Reserved).

Section 1749-B. Pennsylvania Housing Finance Agency (Reserved).

Section 1750-B. LIHEABG (Reserved).

SUBARTICLE C

STATE GOVERNMENT SUPPORT AGENCIES

Section 1761-B. Health Care Cost Containment Council (Reserved).

Section 1762-B. State Ethics Commission (Reserved).

Section 1763-B. Legislative Reference Bureau (Reserved).

Section 1764-B. Legislative Budget and Finance Committee (Reserved).

Section 1765-B. Legislative Data Processing Committee (Reserved).

Section 1766-B. Joint State Government Commission (Reserved).

Section 1767-B. Joint Legislative Air and Water Pollution Control and Conservation Committee (Reserved).

Section 1768-B. Legislative Audit Advisory Commission (Reserved).

Section 1769-B. Independent Regulatory Review Commission (Reserved).

Section 1770-B. Capitol Preservation Committee (Reserved).

Section 1771-B. Pennsylvania Commission on Sentencing (Reserved).

Section 1772-B. Center for Rural Pennsylvania (Reserved).

Section 1773-B. Commonwealth Mail Processing Center (Reserved).

Section 1774-B. Transfers (Reserved).

SUBARTICLE D

JUDICIAL DEPARTMENT

Section 1781-B. Supreme Court (Reserved).

Section 1782-B. Superior Court (Reserved).

Section 1783-B. Commonwealth Court (Reserved).

Section 1784-B. Courts of common pleas (Reserved).

Section 1785-B. Community courts; magisterial district judges (Reserved).

Section 1786-B. Philadelphia Traffic Court (Reserved).

Section 1787-B. Philadelphia Municipal Court (Reserved).

Section 1788-B. Judicial Conduct Board (Reserved).

Section 1789-B. Court of Judicial Discipline (Reserved).

Section 1790-B. Juror cost reimbursement (Reserved).

Section 1791-B. County court reimbursement (Reserved).

Section 1792-B. Senior judges (Reserved).

Section 1793-B. Transfer of money by Supreme Court (Reserved).

SUBARTICLE E

GENERAL ASSEMBLY

(Reserved)

ARTICLE XVII-C

2021-2022 RESTRICTIONS ON APPROPRIATIONS

FOR FUNDS AND ACCOUNTS

Section 1701-C. Applicability.

Except as specifically provided in this article, this article applies to the act of June 30, 2021 (P.L. , No.1A), known as the General Appropriation Act of 2021, and all other appropriation acts of 2021.

Section 1702-C. State Lottery Fund.

The following apply:

(1) Money appropriated for PENNCARE shall not be utilized for administrative costs by the Department of Aging.

(2) (Reserved).

Section 1703-C. Tobacco Settlement Fund (Reserved).

Section 1704-C. Judicial Computer System Augmentation Account (Reserved).

Section 1704.1-C. Access to Justice Account (Reserved).

Section 1705-C. Emergency Medical Services Operating Fund (Reserved).

Section 1706-C. The State Stores Fund (Reserved).

Section 1707-C. Motor License Fund (Reserved).

Section 1708-C. Aviation Restricted Account (Reserved).

Section 1709-C. Hazardous Material Response Fund (Reserved).

Section 1710-C. Milk Marketing Fund (Reserved).

Section 1711-C. HOME Investment Trust Fund (Reserved).

Section 1712-C. Tuition Account Guaranteed Savings Program Fund (Reserved).

Section 1713-C. Banking Fund (Reserved).

Section 1714-C. Firearm Records Check Fund (Reserved).

Section 1715-C. Ben Franklin Technology Development Authority Fund (Reserved).

Section 1716-C. Oil and Gas Lease Fund (Reserved).

Section 1717-C. Home Improvement Account (Reserved).

Section 1718-C. Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund (Reserved).

Section 1719-C. Insurance Regulation and Oversight Fund (Reserved).

Section 1720-C. Pennsylvania Race Horse Development Restricted Receipt Account.

The following apply to amounts appropriated from the Pennsylvania Race Horse Development Restricted Receipts Account:

(1) The following apply to amounts appropriated to the Department of Agriculture for payments to Pennsylvania fairs:

(i) Notwithstanding any provision of the act of July 8, 1986 (P.L.437, No.92), known as the Pennsylvania Agricultural Fair Act, the Department of Agriculture shall award a grant for the calendar year beginning January 1, 2021, to a county agricultural society, an independent agricultural society or other organization which cancelled its annual agricultural fair in the calendar year beginning January 1, 2020. A county agricultural society, an independent agricultural society or other organization which receives a grant under this subparagraph shall remain eligible to apply for and receive a grant available under section 5(1)(ii) of the Pennsylvania Agricultural Fair Act.

(ii) The amount of a grant awarded to a county agricultural society, an independent agricultural society or other organization under this paragraph shall be the same amount that the county agricultural society, independent agricultural society or other organization received in grants under section 5(1)(i), (iii) and (iv) of the Pennsylvania Agricultural Fair Act for the calendar year beginning January 1, 2019.

(2) (Reserved).

Section 1721-C. Justice Reinvestment Fund (Reserved).

Section 1722-C. Multimodal Transportation Fund (Reserved).

Section 1723-C. State Racing Fund (Reserved).

Section 1724-C. ABLE Savings Program Fund (Reserved).

Section 1725-C. Pennsylvania Preferred® Trademark Licensing Fund.

Notwithstanding 3 Pa.C.S. § 4616 (relating to Pennsylvania Preferred® Trademark Licensing Fund), the Department of Agriculture may use money deposited in the Pennsylvania Preferred® Trademark Licensing Fund to promote one or more of the funding objectives under 3 Pa.C.S. § 4616(c) through the awarding of grants.

Section 1726-C. Restricted receipt accounts.

(a) General provisions.--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) (Reserved).

(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 1727-C. Fund transfers.

(a) Transfer to Environmental Stewardship Fund.--From funds 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 $12,289,000 shall be transferred to the Environmental Stewardship Fund.

(b) Applicability.--Section 1795.2-E shall not apply to fiscal year 2021-2022.

Section 19. Sections 1722-E, 1724-E, 1724.1-E and 1727-E of the act are amended by adding subsections to read:

Section 1722-E. Department of Education.

* * *

(e) Payments to qualifying school districts.--From money appropriated for payment of basic education funding to school districts in the 2021-2022 fiscal year, the Commonwealth shall pay to qualifying school districts an allocation for the 2020-2021 school year payable in the 2021-2022 fiscal year as follows:

(1) There shall be a determination of the qualifying school districts with an amount less than or equal to the amount that represents the 20th percentile for all school districts in the following calculation:

(i) For each of the five preceding school years, calculate the following:

(A) For each school district, the sum of the amount of student weights calculated under section 2502.53(c)(1)(ii), (iii), (iv), (v) and (vi) of the Public School Code of 1949, and the amount of weighted special education headcounts calculated under section 2509.5(bbb)(2)(i) of the Public School Code of 1949.

(B) For each school district, divide the current expenditures by the sum calculated for the school district in clause (A).

(2) Qualifying school districts determined under paragraph (1) shall receive an amount calculated as follows:

(i) For each qualifying school district, multiply the product in section 2502.53(b)(2)(i) of the Public School Code of 1949 for the 2020-2021 school year by $100,000,000.

(ii) Divide the product in subparagraph (i) by the sum of the products in section 2502.53(b)(2)(i) of the Public School Code of 1949 for the 2020-2021 school year for all qualifying school districts.

(3) Payments made under this subsection shall be deemed to be part of the school district's allocation amount under section 2502.53(b)(1) of the Public School Code of 1949 for the 2021-2022 school year and each school year thereafter.

(4) The provisions contained in sections 2502.53 and 2509.5 of the Public School Code of 1949 shall apply to the calculation of the respective factors in this subsection.

Section 1724-E. Department of General Services.

* * *

(c) Assistance with duties relating to bills or amendments to transfer Commonwealth lands.--Upon request of the Department of General Services, an agency, department, board or commission of the executive branch of the Commonwealth shall assist the Department of General Services in providing either chamber of the General Assembly information on a bill or an amendment to a bill which would grant or convey Commonwealth lands, take the title of lands as Commonwealth lands or transfer or alter easements, covenants, appurtenances to property or other interests in land owned by the Commonwealth.

Section 1724.1-E. Pennsylvania Gaming Control Board.

* * *

(e.1) County redevelopment authorities.--The following apply:

(1) In addition to municipalities that are eligible to receive grant funding under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I) (relating to establishment of State Gaming Fund and net slot machine revenue distribution), a county redevelopment authority within a home rule county of the third class shall:

(i) be eligible to receive grant funding; and

(ii) upon notification to the Department of Community and Economic Development of the issuance of debt, receive the sum of $3,000,000 annually for a period of 25 years for the purpose of funding debt service related to the construction, maintenance and upgrades of public infrastructure projects located within the county.

(2) Projects funded from the proceeds of a debt issuance by a county redevelopment authority under paragraph (1)(ii) shall be:

(i) made through an application to the county redevelopment authority; and

(ii) subject to the approval of the Commonwealth Financing Authority.

(3) After the issuance of debt by the county redevelopment authority, payments made under paragraph (1)(ii) shall be made prior to award of any other grants as authorized under 4 Pa.C.S. § 1403(c)(2)(i)(D)(I).

(4) For all aspects of construction under this provision, qualified contractors and subcontractors must demonstrate that they maintain all valid licenses, registrations or certificates required by Federal, State or local governments and are in compliance with the following:

(i) The act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.

(ii) The act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law.

(iii) The act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.

* * *

Section 1727-E. Department of Labor and Industry.

* * *

(b.1) Bureau of Occupational and Industrial Safety.--

(1) (i) The Department of Labor and Industry shall waive the fees listed under section 613-A of the act of April 9, 1929 (P.L.177, No.175), known as the Administrative Code of 1929, for an applicant that is a school district, intermediate unit or area career and technical school.

(ii) The department, upon approval by the Governor, shall issue a refund to an applicant that paid a fee which is waived under subparagraph (i) after June 30, 2020, and requests a refund. A refund required under this subsection shall not be paid from the appropriations to the department for general government operations or for occupational and industrial safety, but shall be deemed a refund of a charge collected, but not legally due, and shall be paid otherwise from the general fund.

(iii) No later than September 1, 2022, and September 1 of each year thereafter, the department shall submit a report to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Labor and Industry Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives and the chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives. The report shall include all of the following information:

(A) The number of applicants that received a waiver under this subsection during the prior fiscal year.

(B) The total amount of fees which were waived under this subsection during the prior fiscal year.

(2) (Reserved).

* * *

Section 20. Section 1729-E(5) and (6) of the act are amended and the section is amended by adding a paragraph to read:

Section 1729-E. Department of Human Services.

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

* * *

(5) The department, upon approval of the secretary, may transfer Federal money appropriated for Temporary Assistance for Needy Families Block [Grant Child] Grant - Child Care Assistance to the Child Care and Development Fund Block [Grant Child] Grant - Child Care Services appropriation to provide child-care services to additional low-income families if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this paragraph to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.

(6) The department, upon approval of the secretary, may transfer Federal money appropriated for Child Care and Development Fund Block [Grant Child] Grant - Child Care Assistance to the Child Care and Development Fund Block [Grant Child] Grant - Child Care Services appropriation to provide child-care services to additional low-income families[, provided that] if the transfer of money will not result in a deficit in the appropriation. The secretary shall provide notice 10 days prior to a transfer under this paragraph to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.

(6.1) In accordance with Federal law, the department, upon approval of the secretary, may transfer Federal money from the Temporary Assistance for Needy Families Block Grant to the Child Care and Development Fund Block Grant and the Social Services Block Grant if the transfer of money will not result in a deficit in an appropriation. The secretary shall provide notice 10 days prior to a transfer to the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.

* * *

Section 21. The act is amended by adding a section to read:

Section 1748.1-E. State Employees' Retirement System (Reserved).

Section 22. Section 1798.3-E(d) of the act, amended May 29, 2020 (P.L.158, No.23), is amended to read:

Section 1798.3-E. Multimodal Transportation Fund.

* * *

(d) Expiration.--This section shall expire December 31, [2021] 2022.

Section 23. The act is amended by adding a section to read:

Section 1798.4-E. Public Transportation Trust Fund.

Notwithstanding 74 Pa.C.S. § 1513(d)(3) (relating to operating program), in addition to the local match requirements under 74 Pa.C.S. § 1513(d), for fiscal years 2020-2021 and 2021-2022, funding received by a municipality through the American Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4) shall qualify as local matching funds.

Section 24. Section 1706-E.2(1.1) of the act is amended to read:

Section 1706-E.2. Sinking fund charges for school building projects.

The following shall apply:

* * *

(1.1) All school districts that submitted applications between July 1, 2017, and November 6, 2017, and that vote to proceed with construction and [awarded] award bids on their construction contracts no later than [July 1, 2021] December 31, 2022, shall, as permitted by law, be awarded a one-time capital grant, if available, for the approved project in lieu of approved reimbursement payments or, if not available, shall receive payments in the form of reimbursements.

* * *

Section 25. Section 1726-M(d)(5), (14), (15), (16) and (17) of the act, repealed and added November 23, 2020 (P.L.1140, No.114), are amended to read:

Section 1726-M. Fund transfers.

* * *

(d) Transfers to General Fund.--The following shall apply:

* * *

[(5) From funds deposited in the Historical Preservation Fund, $4,000,000 shall be transferred into the General Fund.]

* * *

[(14) From funds deposited in the PENNVEST Fund, $10,000,000 shall be transferred into the General Fund.

(15) From funds deposited in the PENNVEST Drinking Water Revolving Fund, $26,500,000 shall be transferred into the General Fund.

(16) From funds deposited in the PENNVEST Water Pollution Control Revolving Fund, $9,000,000 shall be transferred into the General Fund.

(17) From funds deposited in the Racing Fund, $10,000,000 shall be transferred into the General Fund.]

* * *

Section 26. This act shall apply as follows:

(1) The amendment of section 731 of the act shall apply retroactively to January 1, 2016.

(2) The addition of section 1727-E(b.1) of the act shall apply to fees payable on or after June 30, 2020.

(3) The amendment of section 1726-M(d)(5), (14), (15), (16) and (17) of the act shall apply retroactively to July 1, 2020.

Section 27. Repeals are as follows:

(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of section 1724.1-E(e.1) of the act.

(2) 4 Pa.C.S. § 1403(c)(2)(i)(D)(I.2) is repealed.

Section 28. This act shall take effect as follows:

(1) The addition of section 1724.1-E(e.1) of the act shall take effect in 60 days.

(2) The remainder of this act shall take effect July 1, 2021, or immediately, whichever is later.

APPROVED--The 30th day of June, A.D. 2021.

TOM WOLF

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2021 Pennsylvania Consolidated & Unconsolidated StatutesAct 24 - FISCAL CODE - OMNIBUS AMENDMENTS

2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 24 - FISCAL CODE - OMNIBUS AMENDMENTS