HB 1417 — An Act establishing the Community Diaper, Brief and Incontinence Products Grant Fund; directing the Department of Aging to establish a program to improve access to incontinence supplies; and imposing powers and duties on the Department of Human Services.

PRINTER'S NO.     1639

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 1417
                                              Session of
                                                2025

     INTRODUCED BY HILL-EVANS, SANCHEZ, DONAHUE, GIRAL, HANBIDGE,
        HOHENSTEIN, HOWARD AND MAYES, MAY 6, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 6, 2025


                                   AN ACT
 1   Establishing the Community Diaper and Incontinence Products
 2      Grant Program and the Community Diaper and Incontinence
 3      Products Grant Program Fund; directing the Department of
 4      Aging to establish a program to improve access to
 5      incontinence supplies; and imposing powers and duties on the
 6      Department of Human Services.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9   Section 1.   Short title.
10      This act shall be known and may be cited as the Community
11   Diaper and Incontinence Products Act.
12   Section 2.   Legislative intent.
13      The General Assembly finds and declares as follows:
14          (1)   The establishment of a grant program to provide
15      funding to improve, enhance and expand access to clean
16      diapers will protect and enhance the health and well-being of
17      infants, children, incontinent adults and their families.
18          (2)   Infants and children who are living in households
19      with little or no access to clean diapers often spend a day
20      or longer in one diaper, leading to significant potential
 1      health risks.
 2          (3)   A supply of clean diapers is usually a requirement
 3      for infants and children to attend and participate in child-
 4      care programs and not having a reliable supply of clean
 5      diapers impedes individuals in obtaining and maintaining
 6      employment.
 7          (4)   Most public resources, such as the Supplemental
 8      Nutrition Assistance Program (SNAP) and the Women, Infants
 9      and Children Program (WIC), do not help offset the costs of
10      these needed diapers.
11          (5)   For incontinent adults, the lack of access to
12      diapers is a growing health care concern.
13          (6)   Health care experts affirm that when an adult is
14      left wearing a soiled diaper, there is an immediate danger of
15      skin problems, including skin breakdown that can bring on
16      life-threatening infections, especially in older adults.
17          (7)   This Commonwealth has a compelling interest in
18      developing programs that improve access to diapers for
19      infants, children and incontinent adults.
20   Section 3.   Definitions.
21      The following words and phrases when used in this act shall
22   have the meanings given to them in this section unless the
23   context clearly indicates otherwise:
24      "Department."    The Department of Human Services of the
25   Commonwealth.
26      "Diaper bank."   A nonprofit charitable organization or a
27   fiscally sponsored project of a nonprofit charitable
28   organization that collects or purchases diapers and other
29   hygiene products for infants, children or incontinent adults and
30   regularly distributes diapers over an extended period through

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 1   two or more partner agencies for eventual distribution to
 2   individuals free of charge.
 3      "Diaper pantry."     A nonprofit charitable organization or a
 4   fiscally sponsored project of a nonprofit charitable
 5   organization that collects or purchases diapers for the purpose
 6   of regularly distributing those diapers directly to individuals
 7   free of charge.
 8      "Diaper program."    A program within a nonprofit charitable
 9   organization or a fiscally sponsored project of a nonprofit
10   charitable organization, including,f but not limited to, a food
11   bank, service agency or health clinic that collects or purchases
12   diapers and regularly distributes those diapers either through
13   direct service free of charge or through two or more partner
14   agencies for eventual distribution to individuals free of
15   charge.
16      "Fund."   The Community Diaper and Incontinence Products Grant
17   Program Fund established under section 5.
18      "Nonprofit charitable organization."     A nonprofit
19   organization within the meaning of 26 U.S.C. § 501(c)(3)
20   (relating to exemption from tax on corporations, certain trusts,
21   etc.).
22      "Program."     The Community Diaper and Incontinence Products
23   Grant Program established under section 4.
24   Section 4.   Community Diaper and Incontinence Products Grant
25                Program.
26      (a)    Establishment.--The Community Diaper and Incontinence
27   Products Grant Program is established and shall be administered
28   by the department. The purpose of the program shall be to issue
29   grants to improve, enhance and expand access to clean diapers
30   and incontinence products.

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 1      (b)   Eligibility.--To receive a grant award under the
 2   program, a diaper bank, diaper pantry or diaper program must
 3   submit a written application to the department by January 1 of
 4   each year for which a grant is sought and satisfy the following
 5   conditions:
 6            (1)   Be located within this Commonwealth.
 7            (2)   Have a budget approved by the board of directors or
 8      other governing body of the applicant.
 9            (3)   Not require participation in religious, financial or
10      organizational activities in order to receive the diapers.
11            (4)   Submit a detailed proposal outlining the manner in
12      which the grant money will be used and the intended effect of
13      the proposal.
14      (c)   Department action.--The department shall review and
15   approve or disapprove an application within 60 days of receiving
16   the application. An application which has not been approved or
17   disapproved by the department within the 60-day period shall be
18   deemed approved.
19      (d)   Publication and notice.--The department shall transmit
20   notice of the availability of the grant program to the
21   Legislative Reference Bureau for publication in the next
22   available issue of the Pennsylvania Bulletin by August 8 for
23   each fiscal year beginning after June 30, 2025.
24      (e)   Award of grants.--
25            (1)   The department may issue a grant award for the
26      following purposes:
27                  (i)    Direct collection and distribution of diapers or
28            incontinence products.
29                  (ii)   Warehousing, shelving and storing of collected
30            diapers or incontinence products.

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 1                  (iii)    Collection bins, volunteer training and other
 2            promotional and marketing programs and materials.
 3                  (iv)    Outreach programs, including, but not limited
 4            to, mobile diaper banks, partnerships with child-care
 5            centers serving low-income families or partnerships with
 6            centers or facilities serving senior citizens.
 7                  (v)    Fundraising assistance and other financial
 8            management programs relating to the collection of
 9            diapers.
10                  (vi)    Creating or establishing new diaper banks,
11            diaper pantries or diaper programs, especially in
12            underserved areas of this Commonwealth.
13                  (vii)    Any other program or activity approved by the
14            department that improves, enhances and expands access to
15            clean diapers and incontinence products for infants,
16            children and incontinent adults.
17            (2)   Grants may not be less than $2,500 nor more than
18      $25,000 annually per eligible applicant.
19            (3)   Grants may be awarded on a pro rata basis if the
20      total dollar amount of the approved applications exceeds the
21      amount of funds appropriated by the General Assembly for the
22      program.
23   Section 5.     Community Diaper and Incontinence Products Grant
24                  Program Fund.
25      (a)   Establishment.--The Community Diaper and Incontinence
26   Products Grant Program Fund is established in the State
27   Treasury. All appropriations, contributions and alternative
28   funds received by the department as authorized by State law to
29   improve, enhance and expand access to clean diapers and
30   incontinence products shall be deposited into the fund.

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 1      (b)   Allocation of funds.--All money in the fund is
 2   appropriated on a continuing basis to the department and shall
 3   be used as follows:
 4            (1)   At least 80% of the fund shall be used by the
 5      department for grants authorized by this act.
 6            (2)   Not more than 20% of the fund may be used by the
 7      department for State and local administration and program
 8      services.
 9      (c)   Alternative funding.--The department may solicit and
10   accept alternative funding, including Federal funds, grants and
11   donations from any source to assist with the goals of this act.
12   All money received by the department to improve, enhance and
13   expand access to clean diapers and incontinence products shall
14   be deposited into the fund.
15   Section 6.     Reports.
16      The department shall submit an annual report to the General
17   Assembly on expenditures from the fund and the progress of the
18   public outreach required under section 7.
19   Section 7.     Public outreach.
20      (a)   General rule.--From the money available for
21   administration as authorized under section 5(b)(2), the
22   department shall conduct Statewide outreach to inform diaper
23   banks, diaper pantries, diaper programs and other appropriate
24   community organizations about the program.
25      (b)   Evaluation.--The department shall evaluate the
26   effectiveness of the funds provided under this act in improving
27   access to clean diapers and incontinence products and make
28   changes as necessary to the outreach described under subsection
29   (a) to improve access to clean diapers and incontinence
30   products.

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 1   Section 8.    Rules and regulations.
 2      The department shall promulgate regulations necessary to
 3   administer the program and carry out its duties under this act.
 4   Section 9.    Improving access to incontinence supplies.
 5      (a)     Establishment.--The Department of Aging shall establish
 6   a program, in conjunction with local agencies that specialize in
 7   aging services, that provides incontinence supplies to
 8   individuals 65 years of age or older, including adult diapers,
 9   protective undergarments, incontinence pads, absorbent underwear
10   and incontinence medication.
11      (b)     Regulations.--The Department of Aging shall promulgate
12   regulations necessary to administer the provisions of this
13   section.
14   Section 10.    Effective date.
15      This act shall take effect in 90 days.




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