Pennsylvania SB 828: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, establishing the Buy American Grant Program and the Buy American Grant Fund; and imposing duties on the Department of Community and Economic Development.

Bill Text

PRINTER'S NO. 937
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 828
Session of
2025
INTRODUCED BY MILLER, COSTA, TARTAGLIONE, SCHWANK, FONTANA,
FLYNN, KANE, MALONE, SAVAL AND STREET, JUNE 10, 2025
REFERRED TO STATE GOVERNMENT, JUNE 10, 2025
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, establishing the Buy American Grant Program and the
Buy American Grant Fund; and imposing duties on the
Department of Community and Economic Development.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 47
BUY AMERICAN GRANTS
Subchapter
A. Preliminary Provisions
B. Program
C. Fund
D. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
4701. Scope of chapter.
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4702. Definitions.
§ 4701. Scope of chapter.
This chapter relates to the award of Buy American grants.
§ 4702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authority." As defined in 53 Pa.C.S. § 5602 (relating to
definitions).
"Bus." As defined in 75 Pa.C.S. § 102 (relating to
definitions).
"Business entity." A corporation, partnership, limited
liability company, business trust, association, estate, trust,
foundation or similar entity.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Fund." The Buy American Grant Fund established under
section 4721 (relating to establishment of fund).
"Labor organization." As follows:
(1) Except as provided in paragraph (2), as defined in
section 3(f) of the act of June 1, 1937 (P.L.1168, No.294),
known as the Pennsylvania Labor Relations Act.
(2) The term does not include an organization in which
more than one-half of the employees of the organization are
owners, officers or executives of the organization.
"Passenger car." As defined in 75 Pa.C.S. § 102.
"Procure." As follows:
(1) To acquire by purchase, lease or rent.
(2) The term does not include acquiring by lease or rent
if the term of the lease or rental is less than one month.
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"Program." The Buy American Grant Program established under
section 4711 (relating to establishment of program).
"School bus." As defined in 75 Pa.C.S. § 102.
"School vehicle." As defined in 75 Pa.C.S. § 102.
"Truck." As defined in 75 Pa.C.S. § 102.
"Union-made." Assembled, as part of the final step in the
manufacturing process to create a finished product, at a plant,
factory or other site of a business entity, which is:
(1) located in the United States; and
(2) operating under a bona fide collective bargaining
agreement negotiated by a bona fide labor organization.
"Vehicle." Any of the following:
(1) A bus.
(2) A passenger car.
(3) A school bus.
(4) A school vehicle.
(5) A truck.
SUBCHAPTER B
PROGRAM
Sec.
4711. Establishment of program.
4712. Operation of program.
4713. Application.
4714. Limitations.
4715. Determination.
§ 4711. Establishment of program.
The Buy American Grant Program is established within the
department.
§ 4712. Operation of program.
The department shall implement and administer the program for
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the purpose of providing grants in accordance with this chapter
to reimburse political subdivisions and authorities that procure
vehicles which are union-made.
§ 4713. Application.
(a) Form.--
(1) The department shall develop an application form for
political subdivisions and authorities to use to seek a grant
under the program.
(2) The application form under paragraph (1) may specify
the vehicles that would be eligible for a grant under the
program.
(3) The department shall post the application form under
paragraph (1) on the publicly accessible Internet website of
the department.
(b) Contents.--An applicant seeking a grant under the
program shall provide the following information to the
department:
(1) The name and contact information of the applicant.
(2) The amount of the grant requested.
(3) The number of vehicles which are union-made for
which a grant under the program is sought, including a
description of the vehicles.
(4) Evidence of procurement and union-made status.
(5) Any other information deemed necessary by the
department.
(c) Submittal.--The department shall prescribe the process
to submit completed application forms for consideration,
including deadlines for submittal.
§ 4714. Limitations.
(a) Amount of grants.--The amount of a grant under the
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program for an applicant shall be limited to not more than 20%
of the costs incurred by the applicant regarding the p