Section 446.1. Pennsylvania Malt and Brewed Beverages Industry Promotion Board.--(a) There is established the Pennsylvania Malt and Brewed Beverages Industry Promotion Board.
(b) The Pennsylvania Malt and Brewed Beverages Industry Promotion Board shall be composed of the following members:
(1) One member appointed by the Governor.
(2) Four members appointed by the General Assembly as follows:
(i) One individual appointed by the President pro tempore of the Senate.
(ii) One individual appointed by the Minority Leader of the Senate.
(iii) One individual appointed by the Speaker of the House of Representatives.
(iv) One individual appointed by the Minority Leader of the House of Representatives.
(c) Each member must be a resident of this Commonwealth and have substantial experience or expertise in the Pennsylvania malt and brewed beverage industry.
(d) Each member shall serve at the pleasure of the appointing authority.
(e) The Pennsylvania Malt and Brewed Beverages Industry Promotion Board has the following powers and duties:
(1) Make recommendations to the Secretary of Agriculture to award grants to entities for the purpose of increasing the production of Pennsylvania-made malt and brewed beverages and enhancing the Pennsylvania malt and brewed beverages industry through promotion, marketing and research-based programs and projects. Grants shall be awarded through a competitive grant review process. The application for a grant shall include the following information: (Intro. par. amended July 15, 2024, P.L.700, No.57)
(i) Purpose for which the grant will be utilized.
(ii) Need for the grant.
(iii) Estimated budget.
(iv) Method for measuring outcome.
(v) Other criteria required by the Pennsylvania Malt and Brewed Beverages Industry Promotion Board.
(2) Require each grant recipient to provide full and complete access to all records relating to the performance of the grant and to submit accurate information.
(3) Conduct a thorough annual evaluation of each program for which a grant under this section is made.
(4) Seek repayment of money upon a determination that the money was not utilized for the original stated purpose.
(5) Submit an annual report to the General Assembly detailing all grants and other actions.
(f) The Department of Agriculture shall provide assistance to the Pennsylvania Malt and Brewed Beverages Industry Promotion Board in carrying out its powers and duties. Final decisions for awarding grants under subsection (e)(1) shall be made by the Secretary of Agriculture. ((f) amended July 15, 2024, P.L.700, No.57)
(g) Annually, the board shall allocate the amount of one million dollars ($1,000,000) for the purpose of awarding grants under subsection (e)(1).
(h) The board shall transfer the annual allocation authorized under this section to the Pennsylvania Malt and Brewed Beverages Industry Promotion Board account. The Pennsylvania Malt and Brewed Beverages Industry Promotion Board shall allocate money under this subsection for the purpose of awarding grants under subsection (e)(1). The following shall apply:
(1) The Pennsylvania Malt and Brewed Beverages Industry Promotion Board may deduct money from the allocation under this subsection to cover the Department of Agriculture's expenses in assisting the Pennsylvania Malt and Brewed Beverages Industry Promotion Board.
(2) In any fiscal year when grant money authorized under this section remains unallocated, the remaining amount of money shall be made available for grants in subsequent fiscal years.
(3) Notwithstanding any provision of law, all of the obligations of the board under this section are fulfilled by virtue of the transfer of the annual allocation under this subsection to the Pennsylvania Malt and Brewed Beverages Industry Promotion Board.
((h) added July 15, 2024, P.L.700, No.57)
(446.1 added June 8, 2016, P.L.273, No.39)
Compiler's Note: Section 13 of Act 57 of 2024 provided that all regulations and parts of regulations are abrogated to the extent of any inconsistency with Act 57.
Compiler's Note: See section 28 of Act 39 of 2016, which added section 446.1, for special provisions relating to the establishment of a Wine and Spirits Wholesale and Retail Privatization Commission.