HOUSE AMENDED
PRIOR PRINTER'S NO. 691 PRINTER'S NO. 1801
No. 648 Session of 1989
INTRODUCED BY LEMMOND, SHUMAKER, PECORA, JONES, SALVATORE,
REIBMAN, BELL, MUSTO, O'PAKE, WILT, ANDREZESKI AND HELFRICK,
MARCH 6, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 1989
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," authorizing the Department
21 of Corrections to enter into contracts with the Federal
22 Government for the housing of State prisoners in Federal
23 correctional facilities; AND REQUIRING STATE HEATING SYSTEMS <--
24 TO BE FUELED BY COAL.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as The Administrative Code of 1929, is amended by adding a <--
2 section SECTIONS to read: <--
3 Section 902-B. Power to Contract.--The Department of
4 Corrections may contract with the Federal Government for the
5 housing of inmates in Federal correctional facilities.
6 SECTION 2420. STATE HEATING SYSTEMS TO BE FUELED BY COAL.-- <--
7 (A) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
8 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
9 MEANINGS GIVEN TO THEM IN THIS SECTION:
10 "COAL." COAL PRODUCED FROM MINES IN PENNSYLVANIA OR ANY
11 MIXTURE OR SYNTHETIC DERIVED, IN WHOLE OR IN PART, FROM COAL
12 PRODUCED FROM MINES IN PENNSYLVANIA.
13 "MIXTURE DERIVED, IN WHOLE OR IN PART, FROM COAL." INCLUDES,
14 BUT IS NOT LIMITED TO, BOTH THE INTERMITTENT AND THE
15 SIMULTANEOUS BURNING OF NATURAL GAS WITH COAL OR A COAL
16 DERIVATIVE IF THE INTERMITTENT OR SIMULTANEOUS BURNING OF
17 NATURAL GAS WOULD:
18 (1) LOWER THE COST OF USING COAL OR A COAL DERIVATIVE
19 PRODUCED FROM MINES IN PENNSYLVANIA; OR
20 (2) ENABLE COAL OR A COAL DERIVATIVE PRODUCED FROM MINES IN
21 PENNSYLVANIA TO BE BURNED IN COMPLIANCE WITH PRESENT AND
22 REASONABLY ANTICIPATED ENVIRONMENTAL LAWS AND REGULATIONS.
23 (B) ANY HEATING SYSTEM OR HEATING UNIT INSTALLED IN A
24 FACILITY OWNED BY THE STATE OR BY A STATE-RELATED UNIVERSITY ON
25 OR AFTER THE EFFECTIVE DATE OF THIS ACT SHALL BE FUELED BY COAL.
26 (C) ANY HEATING SYSTEM OR HEATING UNIT SHALL BE EXEMPT FROM
27 THE REQUIREMENT OF SUBSECTION (B) IF THE SECRETARY OF GENERAL
28 SERVICES DETERMINES THAT:
29 (1) USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR
30 HEATING UNIT WOULD VIOLATE EXISTING OR REASONABLY ANTICIPATED
19890S0648B1801 - 2 -
1 ENVIRONMENTAL LAWS OR REGULATIONS;
2 (2) USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR
3 HEATING UNIT WOULD NOT BE COST EFFECTIVE WHEN COMPARED TO USING
4 OTHER FORMS OF ENERGY;
5 (3) THE PRINCIPAL FUEL FOR THAT HEATING SYSTEM OR HEATING
6 UNIT WOULD BE NATURAL GAS FROM WELLS LOCATED IN PENNSYLVANIA OR
7 WOOD FROM FORESTS LOCATED IN PENNSYLVANIA; OR
8 (4) THAT HEATING SYSTEM OR HEATING UNIT WAS IN OR BEYOND THE
9 DESIGN STAGE PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
10 (D) IN DETERMINING COST EFFECTIVENESS UNDER CLAUSE (2) OF
11 SUBSECTION (C), THE SECRETARY OF GENERAL SERVICES SHALL PERFORM
12 A LIFE CYCLE COST ANALYSIS.
13 (E) THE SECRETARY OF GENERAL SERVICES SHALL REPORT TO THE
14 APPROPRIATIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
15 THE SENATE THE BASIS FOR ANY DETERMINATION THAT A HEATING SYSTEM
16 OR HEATING UNIT SHALL BE EXEMPT FROM THE REQUIREMENT OF
17 SUBSECTION (B).
18 Section 2. This act shall take effect in 60 days.
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