SENATE AMENDED
PRIOR PRINTER'S NOS. 192, 2735 PRINTER'S NO. 3158
No. 172 Session of 2003
INTRODUCED BY BARD, HERSHEY, RUBLEY, HERMAN, BUNT, CREIGHTON,
CURRY, DALEY, HENNESSEY, HORSEY, LEACH, PAYNE, SAYLOR,
SEMMEL, TANGRETTI, THOMAS, WRIGHT, ZUG AND REICHLEY,
FEBRUARY 10, 2003
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, DECEMBER 19, 2003
AN ACT
1 Requiring the Department of General Services to establish energy <--
2 profiles for certain State buildings and to report to the
3 General Assembly; and requiring the Pennsylvania Public
4 Utility Commission to report to the General Assembly.
5 The General Assembly finds and declares as follows:
6 (1) In this time of rising natural gas prices, the
7 General Assembly does not intend to increase in any manner
8 the bills of natural gas customers within this Commonwealth.
9 (2) It is necessary to acquire information to properly
10 respond to the potential upcoming crisis caused by rising
11 natural gas prices.
12 AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED <--
13 "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
14 EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
15 EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
16 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
17 INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
18 TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
19 AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
20 DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
21 DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
22 OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
1 BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
2 GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
3 AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
4 CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
5 OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
6 AND COMMISSIONS; AND PRESCRIBING THE MANNER IN WHICH THE
7 NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
8 ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
9 COMMISSIONS SHALL BE DETERMINED," PROVIDING FOR LOCAL TAX
10 WITHHOLDING OF COMMONWEALTH EMPLOYEES; FURTHER PROVIDING FOR
11 FEES CHARGEABLE BY THE DEPARTMENT OF AGRICULTURE, THE
12 DEPARTMENT OF HEALTH, THE INSURANCE DEPARTMENT, THE
13 DEPARTMENT OF LABOR AND INDUSTRY AND THE PENNSYLVANIA
14 SECURITIES COMMISSION, FOR THE CORPORATION BUREAU RESTRICTED
15 ACCOUNT AND FOR COLLECTIVE BARGAINING IN EDUCATION; PROVIDING
16 FOR NEWBORN CHILD TESTING AT FEDERALLY CERTIFIED
17 LABORATORIES; REQUIRING THE DEPARTMENT OF GENERAL SERVICES TO
18 ESTABLISH ENERGY PROFILES FOR CERTAIN STATE BUILDINGS;
19 FURTHER PROVIDING FOR COAL FUEL IN STATE HEATING SYSTEMS;
20 REPEALING AN EXPIRATION PROVISION RELATING TO COLLECTIVE
21 BARGAINING BY CERTAIN PUBLIC EMPLOYERS; MAKING REPEALS
22 RELATING TO FEES; AND MAKING A REPEAL RELATING TO THE
23 CORPORATION BUREAU RESTRICTED ACCOUNT.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Short title. <--
27 This act shall be known and may be cited as the Energy
28 Profile for State Buildings Act.
29 Section 2. Definitions.
30 The following words and phrases when used in this act shall
31 have the meanings given to them in this section unless the
32 context clearly indicates otherwise:
33 "Department." The Department of General Services of the
34 Commonwealth.
35 "Energy profile." A document, as described in section 3,
36 showing the types and rates of energy consumed and the amount of
37 dollars expended for energy consumption in a State building.
38 "State building." A structure occupied by an executive
39 agency as defined in 62 Pa.C.S. § 103 (relating to definitions).
40 Section 3. Energy profiles for State buildings.
41 (a) Establishment.--The department shall establish an energy
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1 profile for each State building.
2 (b) Content.--The energy profile established in subsection
3 (a) shall include, but not be limited to, the following
4 information for the State building:
5 (1) The source of electric generation, including the
6 type of generation.
7 (2) The source of heating fuel, including the type of
8 fuel.
9 (3) The size of the building as measured in square feet.
10 (4) The total expenditures per month for electricity and
11 heating fuel.
12 (5) The total amount of British thermal units per month.
13 (6) The total amount of Btu's per month per square foot.
14 (7) The total expenditures per month per square foot.
15 Information shall be reported for the current month and the
16 preceding six months and shall clearly indicate the additional
17 utility costs or the cost savings from the immediate past month
18 to the current month as well as any cumulative costs or cost
19 savings for the fiscal year.
20 (c) Posting.--The department shall post the energy profile
21 for a State building in a location accessible to the general
22 public during normal business hours and shall post the energy
23 profile for the State building on the department's World Wide
24 Web site.
25 (d) Public record.--An energy profile shall be deemed a
26 public record and subject to the provisions of the act of June
27 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
28 Law.
29 (e) Review and regulations.--The department shall annually
30 review the provisions of this act to determine if additional
20030H0172B3158 - 3 -
1 information shall be required to be included on each profile.
2 The department shall have the authority to promulgate rules and
3 regulations necessary to implement the provisions of this act.
4 Section 4. Report to General Assembly.
5 Using the information collected in section 3, the department
6 shall report to the General Assembly on the type, total cost and
7 amount and average cost of energy used in State buildings and
8 shall provide this report on an annual basis. The report may
9 contain the Statewide information for previous years if the data
10 is already available.
11 Section 5. Report from Pennsylvania Public Utility Commission.
12 The Pennsylvania Public Utility Commission shall report to
13 the General Assembly by October 30, 2003, on the potential
14 problems caused by rising natural gas prices. This report shall
15 include current statistics on natural gas universal service
16 programs, statistics on customer average bills, delinquencies,
17 terminations and the number of natural gas customers at risk for
18 utility terminations before the start of any winter moratorium.
19 Section 6. Effective date.
20 This act shall take effect immediately.
21 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
22 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING A
23 SECTION TO READ:
24 SECTION 224. LOCAL TAX WITHHOLDING OF COMMONWEALTH
25 EMPLOYES.--(A) NOTWITHSTANDING THE PROVISIONS OF THE ACT OF
26 DECEMBER 31, 1965 (P.L.1257, NO.511), KNOWN AS "THE LOCAL TAX
27 ENABLING ACT," THE COMMONWEALTH SHALL DEDUCT AT THE TIME OF
28 PAYMENT OF A SALARY, WAGE, COMMISSION OR OTHER COMPENSATION, THE
29 TAX IMPOSED BY ORDINANCE OR RESOLUTION ON THE EARNED INCOME DUE
30 TO ITS EMPLOYES, AND SHALL, ON OR BEFORE APRIL 30 OF THE CURRENT
20030H0172B3158 - 4 -
1 YEAR, JULY 31 OF THE CURRENT YEAR, OCTOBER 31 OF THE CURRENT
2 YEAR AND JANUARY 31 OF THE SUCCEEDING YEAR, FILE A RETURN AND
3 PAY TO THE OFFICER OF THE RELEVANT TAXING JURISDICTION THE
4 AMOUNT OF TAXES DEDUCTED DURING THE PRECEDING THREE-MONTH
5 PERIODS ENDING MARCH 31 OF THE CURRENT YEAR, JUNE 30 OF THE
6 CURRENT YEAR, SEPTEMBER 30 OF THE CURRENT YEAR AND DECEMBER 31
7 OF THE CURRENT YEAR, RESPECTIVELY. THE RATE OF WITHHOLDING SHALL
8 BE AS FOLLOWS:
9 (1) FOR EMPLOYES RESIDING IN A TAXING JURISDICTION THAT
10 IMPOSES A RESIDENT TAX RATE, THE AMOUNT DEDUCTED SHALL BE BASED
11 ON THE ORDINANCE OR RESOLUTION OF THE TAXING JURISDICTION FIXING
12 THE RESIDENT TAX RATE WHERE THE EMPLOYE RESIDES AND THE
13 COMMONWEALTH SHALL REMIT THE AMOUNT OF TAXES DEDUCTED TO THAT
14 TAXING JURISDICTION;
15 (2) FOR EMPLOYES RESIDING IN A TAXING JURISDICTION THAT DOES
16 NOT IMPOSE A RESIDENT TAX RATE, OR WHERE THE RESIDENCE TAX RATE
17 IMPOSED IS LESS THAN THE NONRESIDENT TAX RATE IMPOSED BY THE
18 TAXING JURISDICTION WHERE THE OFFICE, FACTORY, WORKSHOP, BRANCH,
19 WAREHOUSE OR OTHER PLACE OF BUSINESS IS LOCATED, THE AMOUNT
20 DEDUCTED SHALL BE BASED ON THE ORDINANCE OR RESOLUTION OF THE
21 TAXING JURISDICTION FIXING THE NONRESIDENT TAX RATE WHERE THE
22 OFFICE, FACTORY, WORKSHOP, BRANCH, WAREHOUSE OR OTHER PLACE OF
23 BUSINESS IS LOCATED AND THE COMMONWEALTH SHALL REMIT THE AMOUNT
24 OF TAXES DEDUCTED TO THAT TAXING JURISDICTION;
25 (3) FOR EMPLOYES RESIDING OR WORKING IN A CITY OF THE FIRST
26 CLASS, THE AMOUNT DEDUCTED SHALL BE BASED ON THE ORDINANCE
27 IMPOSED BY THE CITY UNDER THE AUTHORITY OF THE ACT OF AUGUST 5,
28 1932 (SP.SESS., P.L.45, NO.45), REFERRED TO AS THE STERLING ACT,
29 AND THE COMMONWEALTH SHALL REMIT THE AMOUNT OF TAXES DEDUCTED TO
30 THE CITY OF THE FIRST CLASS.
20030H0172B3158 - 5 -
1 (B) SUCH RETURN UNLESS OTHERWISE AGREED UPON BETWEEN THE
2 TAXING OFFICER AND THE COMMONWEALTH SHALL SHOW THE NAME AND
3 SOCIAL SECURITY NUMBER OF EACH SUCH EMPLOYE, THE EARNED INCOME
4 OF SUCH EMPLOYE DURING SUCH PRECEDING THREE-MONTH PERIOD, THE
5 TAX DEDUCTED THEREFROM, THE POLITICAL SUBDIVISIONS IMPOSING THE
6 TAX UPON SUCH EMPLOYE, THE TOTAL EARNED INCOME OF ALL SUCH
7 EMPLOYES DURING SUCH PRECEDING THREE-MONTH PERIOD AND THE TOTAL
8 TAX DEDUCTED THEREFROM AND PAID WITH THE RETURN.
9 SECTION 2. SECTION 602-A OF THE ACT IS AMENDED BY ADDING A
10 CLAUSE TO READ:
11 SECTION 602-A. DEPARTMENT OF AGRICULTURE.--THE DEPARTMENT OF
12 AGRICULTURE IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING
13 PURPOSES AND IN THE FOLLOWING AMOUNTS:
14 * * *
15 (16) EATING AND DRINKING PLACES:
16 (I) NEW ESTABLISHMENTS
17 (A) NEW ESTABLISHMENTS THAT ARE OWNER
18 OPERATED WITH A SEATING CAPACITY OF
19 LESS THAN 50..................... 103.00
20 (B) ALL OTHER NEW ESTABLISHMENTS.... 241.00
21 (II) RENEWAL OR CHANGE OF OWNERSHIP..... 82.00
22 (III) DUPLICATE LICENSE FOR EACH
23 ADDITIONAL BUSINESS LOCATION...... 14.00
24 (IV) TEMPORARY LICENSE............ 14.00
25 SECTION 3. SECTION 607-A(1) OF THE ACT IS REPEALED.
26 SECTION 4. SECTION 609-A(3) OF THE ACT, ADDED JULY 1, 1981
27 (P.L.143, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY
28 ADDING A CLAUSE TO READ:
29 SECTION 609-A. DEPARTMENT OF HEALTH.--THE DEPARTMENT OF
30 HEALTH IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING PURPOSES
20030H0172B3158 - 6 -
1 AND IN THE FOLLOWING AMOUNTS:
2 * * *
3 [(3) MINIATURE CERTIFICATE OF BIRTH........... 5.00]
4 * * *
5 (6) VITAL STATISTICS:
6 (I) CERTIFIED COPY OF A BIRTH RECORD..... 10.00
7 (II) CERTIFIED COPY OF A DEATH RECORD.... 9.00
8 SECTION 5. SECTION 612-A(1), (3), (4), (5) AND (6) OF THE
9 ACT, AMENDED JULY 1, 1990 (P.L.277, NO.67), ARE AMENDED AND THE
10 SECTION IS AMENDED BY ADDING A CLAUSE TO READ:
11 SECTION 612-A. INSURANCE DEPARTMENT.--THE INSURANCE
12 DEPARTMENT IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING
13 PURPOSES AND IN THE FOLLOWING AMOUNTS:
14 (1) INSURANCE COMPANIES, ASSOCIATIONS OR
15 EXCHANGES:
16 (I) VALUATION OF LIFE INSURANCE
17 POLICIES BASED ON A PER THOUSAND
18 [DOLLAR VALUE OF SUCH INSURANCE....... $.01 WITH
19 A MINIMUM
20 CHARGE OF
21 $10.00]
22 DOLLAR VALUE OF SUCH INSURANCE....... $.015 WITH
23 A MINIMUM
24 CHARGE OF
25 $15.00
26 (II) FILING COPY OF CHARTER OR AMEND-
27 MENT OF A DOMESTIC, FOREIGN OR ALIEN
28 [COMPANY, ASSOCIATION OR EXCHANGE.... 150.00]
29 COMPANY, ASSOCIATION OR EXCHANGE.... 300.00
30 (III) FILING ANNUAL STATEMENT OR OTHER
20030H0172B3158 - 7 -
1 STATEMENT OF A DOMESTIC, FOREIGN
2 OR ALIEN COMPANY, ASSOCIATION OR
3 [EXCHANGE........................... 125.00]
4 EXCHANGE........................... 750.00
5 (IV) LICENSE FEE FOR A DOMESTIC, FOREIGN
6 OR ALIEN COMPANY, ASSOCIATION OR
7 [EXCHANGE OR ANY DUPLICATE LICENSE... 40.00]
8 EXCHANGE OR ANY DUPLICATE LICENSE... 100.00
9 [(V) LICENSE FOR A RATING ORGANIZATION.... 25.00]
10 (V) LICENSE FOR A RATING ORGANIZATION.... 50.00
11 (VI) EXAMINATION OF A DOMESTIC, FOREIGN
12 AND ALIEN COMPANY................... EXPENSE OF
13 EXAMINATION
14 (VII) FILING AND REVIEW OF MERGER AGREE-
15 MENTS OF DOMESTIC, FOREIGN AND
16 [ALIEN COMPANIES.................... 280.00]
17 ALIEN COMPANIES.................... 400.00
18 (VIII) FILING AND REVIEW OF CONVERSION
19 PLAN FROM MUTUAL COMPANY TO STOCK
20 [COMPANY........................... 1,200.00]
21 COMPANY........................... 2,500.00
22 (IX) FILING AND REVIEW OF CONVERSION PLAN
23 FROM STOCK COMPANY TO MUTUAL
24 [COMPANY............................. 1,200.00]
25 COMPANY............................. 2,500.00
26 (X) FILING AND REVIEW OF PROPOSED EXCHANGE
27 [OF SHARES OF STOCK................... 300.00]
28 OF SHARES OF STOCK................... 600.00
29 (XI) FILING AND REVIEW OF MATERIAL IN
30 CONNECTION WITH A PROPOSED ACQUISI-
20030H0172B3158 - 8 -
1 TION OR OFFER TO ACQUIRE CAPITAL
2 STOCK OF A DOMESTIC INSURANCE
3 [COMPANY OR INSURANCE HOLDING COMPANY...1,200.00]
4 COMPANY OR INSURANCE HOLDING COMPANY.2,500.00
5 (XII) FILING AND REVIEW OF REGISTRATION
6 STATEMENT BY AN INSURANCE MEMBER OF
7 [AN INSURANCE HOLDING COMPANY....... 200.00]
8 AN INSURANCE HOLDING COMPANY....... 400.00
9 (XIII) FOR EACH AMENDMENT TO SUCH
10 [REGISTRATION STATEMENT................. 80.00]
11 REGISTRATION STATEMENT................200.00
12 (XIV) ISSUANCE OF A CERTIFICATE OF
13 [COMPLIANCE, DEPOSIT OR SURETY......... 10.00]
14 COMPLIANCE, DEPOSIT OR SURETY.......... 20.00
15 (XV) ANY OTHER CERTIFICATE ISSUED BY THE
16 [DEPARTMENT.......................... 10.00]
17 DEPARTMENT........................... 20.00
18 (XVI) FILING AND REVIEW OF QUALIFICATIONS
19 OF AN INSURER TO ISSUE VARIABLE
20 [ANNUITIES.......................... 210.00]
21 ANNUITIES........................... 400.00
22 (XVII) CERTIFICATION OF EACH COPY OF ANY
23 [PAPER FILED WITH DEPARTMENT....... 10.00
24 PLUS .10
25 PER PAGE]
26 PAPER FILED WITH DEPARTMENT........ 20.00
27 PLUS .20
28 PER PAGE
29 (XVIII) COPY OF ANY PAPER FILED WITH
30 DEPARTMENT ON A PER/PAGE BASIS... .25
20030H0172B3158 - 9 -
1 (XIX) COPY OF ANNUAL STATEMENT
2 [PAGES.............................. 1.00]
3 PAGES.............................. 2.00
4 (XX) DOMESTIC COMPANY LICENSE
5 [APPLICATION......................... 1,200.00]
6 APPLICATION......................... 2,500.00
7 (XXI) FOREIGN/ALIEN LICENSE
8 [APPLICATION........................ 1,200.00]
9 APPLICATION........................ 2,500.00
10 (XXII) QUALIFICATION OF INSURER TO ISSUE
11 [VARIABLE LIFE CONTRACTS........... 210.00]
12 VARIABLE LIFE CONTRACTS........... 400.00
13 (XXIII) RETURN OF INCREASE OR DECREASE OR
14 [STATED CAPITAL................... 80.00]
15 STATED CAPITAL................... 200.00
16 (XXIV) REINSURANCE AND ASSUMPTION
17 [AGREEMENT......................... 150.00]
18 AGREEMENT......................... 300.00
19 (XXV) REQUEST TO PAY EXTRAORDINARY
20 [DIVIDENDS.......................... 65.00]
21 DIVIDENDS.......................... 200.00
22 (XXVI) SURPLUS LINE BINDING AUTHORITY
23 [AGREEMENT......................... 65.00]
24 AGREEMENT......................... 200.00
25 (XXVII) DUPLICATE OF AGENCY OR BROKER
26 [RECORD........................... 10.00]
27 RECORD........................... 20.00
28 * * *
29 (3) FRATERNAL BENEFIT SOCIETIES:
30 (I) FILING COPY OF CHARTER OF A DOMESTIC,
20030H0172B3158 - 10 -
1 FOREIGN OR ALIEN SOCIETY, IN ADDITION
2 TO ANY FEE FOR FILING SUCH CHARTER
3 [WITH THE DEPARTMENT OF STATE......... 35.00]
4 WITH THE DEPARTMENT OF STATE......... 70.00
5 (II) THE FILING OF AN ANNUAL OR OTHER
6 [STATEMENT........................... 125.00]
7 STATEMENT........................... 750.00
8 (III) LICENSE TO SOCIETY OR CERTIFIED COPY
9 [OR DUPLICATE THEREOF............... 40.00]
10 OR DUPLICATE THEREOF............... 80.00
11 (IV) EACH LISTING FOR WRITTEN EXAMINATION
12 OF AN APPLICANT FOR LICENSE AS AN
13 AGENT............................... 10.00
14 (V) EACH APPLICANT FOR SUCH LICENSES FOR
15 WHICH AN EXAMINATION IS NOT REQUIRED. 5.00
16 (VI) AGENT'S LICENSE FOR EACH DOMESTIC OR
17 FOREIGN SOCIETY, FOR LIFE OR
18 ACCIDENT AND HEALTH LINES, OR ANY
19 COMBINATION THEREOF, REGARDLESS OF
20 THE NUMBER OF POWERS, EXCEPTING
21 VARIABLE ANNUITIES, FOR WHICH
22 LICENSED............................ 10.00
23 (VII) COPY OF ANY PAPER FILED IN THE
24 DEPARTMENT......................... 10.00
25 DEPARTMENT, PER PAGE............... .25
26 (VIII) ANY CERTIFICATE REQUIRED.......... 10.00
27 (IX) MAKING EXAMINATIONS................. EXPENSE OF
28 EXAMINATION
29 (X) FILING AND REVIEWING AGREEMENTS OF
30 MERGER OF DOMESTIC, FOREIGN AND ALIEN
20030H0172B3158 - 11 -
1 [SOCIETIES............................ 200.00]
2 SOCIETIES............................ 400.00
3 (XI) FILING AND REVIEW OF A PLAN OF CON-
4 VERSION FROM A FRATERNAL BENEFIT
5 SOCIETY TO A MUTUAL COMPANY AND FOR
6 FILING EACH AMENDMENT TO
7 [REGISTRATION STATEMENT.............. 200.00]
8 REGISTRATION STATEMENT.............. 400.00
9 (XII) FOR ISSUING A CERTIFICATE OF COMPLI-
10 ANCE, DEPOSIT OR SURETY OR ANY OTHER
11 CERTIFICATE REQUIRED TO BE ISSUED
12 [BY THE DEPARTMENT.................. 10.00]
13 BY THE DEPARTMENT.................. 20.00
14 (XIII) FILING AND REVIEW OF QUALIFICATION
15 OF A SOCIETY TO ISSUE VARIABLE
16 [ANNUITIES......................... 210.00]
17 ANNUITIES......................... 400.00
18 (XIV) CERTIFICATE OF AN AGENT'S LICENSE OR
19 FOR DUPLICATE OR REPLACEMENT
20 LICENSES........................... 10.00
21 (XV) ANY OTHER CERTIFICATE ISSUED BY THE
22 DIVISION OF AGENTS.................. 10.00
23 (XVI) EACH RENEWAL OF LICENSE AS AN
24 INDIVIDUAL AGENT..................... 10.00
25 (XVII) EACH ADDITIONAL VARIABLE ANNUITY
26 POWER IN SUCH LICENSE............. 5.00
27 (4) LICENSE AND ANNUAL RENEWAL FOR MANAGER OR
28 EXCLUSIVE GENERAL AGENT FOR DOMESTIC
29 [INSURANCE COMPANY..........................200.00]
30 INSURANCE COMPANY........................400.00
20030H0172B3158 - 12 -
1 (5) MOTOR VEHICLE PHYSICAL DAMAGE APPRAISER:
2 [(I) INITIAL LICENSE...................... 20.00]
3 (I) INITIAL LICENSE................... 55.00
4 [(II) ANNUAL RENEWAL...................... 10.00]
5 (II) ANNUAL RENEWAL............... 55.00
6 (6) PROFESSIONAL BONDSMAN LICENSE:
7 (I) INITIAL LICENSE...................... 100.00
8 [(II) ANNUAL RENEWAL..................... 50.00]
9 (II) ANNUAL RENEWAL................. 100.00
10 * * *
11 (9) ANNUAL COMPANY APPOINTMENT FEE AS
12 DEFINED AND REGULATED BY SECTION
13 671-A ACT OF MAY 17, 1921
14 (P.L.789, NO.285), KNOWN AS
15 "THE INSURANCE DEPARTMENT ACT
16 OF 1921"................................... 15.00
17 (10) INSURANCE PRODUCER LICENSE
18 FEES:
19 (I) AMENDED LICENSE............ 25.00
20 (II) CERTIFIED LICENSE HISTORY....... 25.00
21 (III) DUPLICATE LICENSE............ 25.00
22 SECTION 6. SECTION 613-A(1) AND (2) OF THE ACT, AMENDED JULY
23 7, 1989 (P.L.241, NO.42), IS AMENDED TO READ:
24 SECTION 613-A. DEPARTMENT OF LABOR AND INDUSTRY.--THE
25 DEPARTMENT OF LABOR AND INDUSTRY IS AUTHORIZED TO CHARGE FEES
26 FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
27 (1) FEES FOR UNFIRED PRESSURE VESSELS AND BOILERS:
28 (I) CERTIFICATE OF OPERATIONS:
29 [(A) UNFIRED PRESSURE VESSELS......... $30.00]
30 (A) UNFIRED PRESSURE VESSELS......... $44.00
20030H0172B3158 - 13 -
1 [(B) BOILERS.......................... 15.00]
2 (B) BOILERS.......................... 22.00
3 (II) FOR THE INTERNAL INSPECTION OF POWER
4 BOILERS, HIGH PRESSURE, HIGH TEMPERA-
5 TURE WATER BOILERS AND MINIATURE
6 BOILERS, THE FEES SHALL BE AS FOLLOWS:
7 (A) BOILERS OF 50 SQUARE FEET OF
8 [HEATING SURFACE OR LESS.......... 15.00]
9 HEATING SURFACE OR LESS.......... 22.00
10 (B) BOILERS OVER 50 SQUARE FEET OF HEAT-
11 ING SURFACE AND LESS THAN 4,000
12 [SQUARE FEET OF HEATING SURFACE... 25.00]
13 SQUARE FEET OF HEATING SURFACE... 36.00
14 (C) BOILERS OVER 4,000 SQUARE FEET
15 OF HEATING SURFACE OR MORE AND
16 LESS THAN 10,000 SQUARE FEET OF
17 [HEATING SURFACE.................. 35.00]
18 HEATING SURFACE.................. 51.00
19 (D) BOILERS OVER 10,000 SQUARE FEET
20 [OF HEATING SURFACE OR MORE....... 40.00]
21 OF HEATING SURFACE OR MORE....... 58.00
22 [(E) MINIATURE BOILERS................ 10.00]
23 (E) MINIATURE BOILERS................ 15.00
24 (III) FOR THE EXTERNAL INSPECTION OF
25 POWER BOILERS, HIGH PRESSURE AND
26 HIGH TEMPERATURE WATER BOILERS,
27 THE FEES SHALL BE AS FOLLOWS:
28 (A) BOILERS OF 50 SQUARE FEET OF
29 [HEATING SURFACE OR LESS.......... 10.00]
30 HEATING SURFACE OR LESS......... 15.00
20030H0172B3158 - 14 -
1 (B) BOILERS OVER 50 SQUARE FEET OF
2 [HEATING SURFACE.................. 15.00]
3 HEATING SURFACE.................. 22.00
4 (C) NOT MORE THAN $50 PLUS THE ANNUAL
5 CERTIFICATE FEE SHALL BE COLLECTED
6 FOR ANY AND ALL INSPECTION ABOVE
7 OF ANY BOILER IN ANY ONE YEAR.
8 (IV) FOR THE INTERNAL OR EXTERNAL INSPEC-
9 TION OF LOW PRESSURE BOILERS, THE
10 FEES SHALL BE AS FOLLOWS:
11 (A) HEATING BOILERS WITHOUT A
12 [MANHOLE.......................... 12.50]
13 MANHOLE.......................... 18.00
14 [(B) HEATING BOILERS WITH A MANHOLE... 15.00]
15 (B) HEATING BOILERS WITH A MANHOLE... 22.00
16 [(C) HOT WATER SUPPLY BOILERS......... 10.00]
17 (C) HOT WATER SUPPLY BOILERS......... 15.00
18 (D) NOT MORE THAN $50 PLUS THE ANNUAL
19 CERTIFICATE FEE SHALL BE COLLECT-
20 ED FOR ANY AND ALL INSPECTIONS AS
21 ABOVE OF ANY LOW PRESSURE BOILER
22 IN ANY REQUIRED INSPECTION PER-
23 IOD.
24 (V) FOR THE INTERNAL OR EXTERNAL INSPECTION
25 OF PRESSURE VESSELS, THE FEES SHALL BE
26 AS FOLLOWS:
27 (A) EACH PRESSURE VESSEL SUBJECT TO IN-
28 SPECTION HAVING A CROSS SECTIONAL
29 [AREA OF 50 SQUARE FEET OR LESS... 10.00]
30 AREA OF 50 SQUARE FEET OR LESS... 15.00
20030H0172B3158 - 15 -
1 (B) EACH ADDITIONAL 100 SQUARE FEET OF
2 [AREA IN EXCESS OF 50 SQUARE FEET. 10.00]
3 AREA IN EXCESS OF 50 SQUARE FEET. 15.00
4 (C) NOT MORE THAN $75 SHALL BE PAID
5 FOR EACH INSPECTION ON ANY ONE
6 VESSEL.
7 (D) A GROUP OF PRESSURE VESSELS, SUCH
8 AS THE ROLLS OF A PAPER MACHINE
9 FOR DRYER OPERATING AS A SINGLE
10 MACHINE OR UNIT, SHALL BE CON-
11 SIDERED ONE PRESSURE VESSEL.
12 NOT MORE THAN $75 PLUS ANNUAL
13 CERTIFICATE FEE SHALL BE COL-
14 LECTED FOR ANY AND ALL INSPEC-
15 TIONS AS ABOVE OF ANY PRESSURE
16 VESSEL IN ANY REQUIRED INSPEC-
17 TION PERIOD, EXCEPT IN SUCH
18 CASES WHERE THE VESSEL IS MOVED.
19 (VI) APPROVAL OF PLANS:
20 (A) COMPLETE MECHANICAL ROOM
21 DRAWINGS - BOILERS AND OTHER
22 [VESSELS......................... 50.00]
23 VESSELS......................... 73.00
24 [(B) HIGH PRESSURE BOILERS............ 20.00]
25 (B) HIGH PRESSURE BOILERS............ 29.00
26 [(C) LOW PRESSURE BOILERS............. 20.00]
27 (C) LOW PRESSURE BOILERS............. 29.00
28 (VII) BOILER INSPECTORS:
29 [(A) INSPECTOR'S EXAMINATION FEE...... 30.00]
30 (A) INSPECTOR'S EXAMINATION FEE...... 44.00
20030H0172B3158 - 16 -
1 (B) CERTIFICATE OF COMPETENCY AND
2 [COMMISSION FEE................... 15.00]
3 COMMISSION FEE................... 22.00
4 (C) NEW CREDENTIAL CARD FEE (ANNUAL
5 [RENEWAL)......................... 10.00]
6 RENEWAL)......................... 15.00
7 [(VIII) HYDROSTATIC TEST (WITNESSED)...... 15.00]
8 (VIII) HYDROSTATIC TEST (WITNESSED)...... 22.00
9 [(IX) ONSITE CONSULTATION FEE (PER HOUR).. 20.00]
10 (IX) ONSITE CONSULTATION FEE (PER HOUR).. 29.00
11 [(X) INSPECTION OF REPAIR FEE............. 10.00]
12 (X) INSPECTION OF REPAIR FEE............. 15.00
13 (XI) ASME SHOP SURVEY FEE................
14 [FULL DAY............................. 500.00]
15 FULL DAY............................. 726.00
16 [HALF DAY............................. 250.00]
17 HALF DAY............................. 363.00
18 (XII) COPY OF DEPARTMENT BOILER
19 [REGULATIONS........................ 5.00]
20 REGULATIONS........................ 7.00
21 (XIII) ACCEPTANCE OF BOILERS AND PRESSURE
22 VESSELS NOT ORIGINALLY DESTINED FOR
23 [USE WITHIN THE COMMONWEALTH....... 500.00]
24 USE WITHIN THE COMMONWEALTH....... 726.00
25 (2) FEES FOR ELEVATORS:
26 [(I) INSPECTOR'S EXAMINATION FEE.......... 50.00]
27 (I) INSPECTOR'S EXAMINATION FEE.......... 73.00
28 (II) COMMISSION FEE AND INITIAL
29 [CREDENTIAL CARD..................... 35.00]
30 CREDENTIAL CARD..................... 51.00
20030H0172B3158 - 17 -
1 [(III) RENEWAL CREDENTIAL CARD FEE........ 20.00]
2 (III) RENEWAL CREDENTIAL CARD FEE........ 29.00
3 (IV) PLANS APPROVAL APPLICATION:
4 (A) PASSENGER, FREIGHT AND COMBINATION
5 PASSENGER/FREIGHT ELEVATORS EXCEPT
6 HYDRAULIC ELEVATORS:
7 [(1) 1-7 FLOORS................... 250.00]
8 (1) 1-7 FLOORS................... 363.00
9 [(2) 8-20 FLOORS.................. 300.00]
10 (2) 8-20 FLOORS.................. 436.00
11 [(3) MORE THAN 20 FLOORS.......... 350.00]
12 (3) MORE THAN 20 FLOORS.......... 508.00
13 (B) HYDRAULIC PASSENGER, FREIGHT AND
14 COMBINATION PASSENGER/FREIGHT
15 ELEVATORS AND OTHER LIFTING
16 [DEVICES.......................... 200.00]
17 DEVICES.......................... 290.00
18 [(C) SKI LIFTS........................ 350.00]
19 (C) SKI LIFTS........................ 508.00
20 [(D) ESCALATORS....................... 200.00]
21 (D) ESCALATORS....................... 290.00
22 [(V) MAJOR REPAIRS........................ 100.00]
23 (V) MAJOR REPAIRS........................145.00
24 [(VI) CERTIFICATE RENEWALS................ 25.00]
25 (VI) CERTIFICATE RENEWALS................ 36.00
26 (VII) ELEVATOR INSPECTIONS:
27 (A) PASSENGER, FREIGHT AND COMBINATION
28 PASSENGER/FREIGHT ELEVATORS EXCEPT
29 HYDRAULIC ELEVATORS:
30 [(1) 1-7 FLOORS................. 65.00]
20030H0172B3158 - 18 -
1 (1) 1-7 FLOORS................. 94.00
2 [(2) 8-20 FLOORS................ 80.00]
3 (2) 8-20 FLOORS................ 116.00
4 [(3) MORE THAN 20 FLOORS........ 100.00]
5 (3) MORE THAN 20 FLOORS........ 145.00
6 (B) HYDRAULIC PASSENGER, FREIGHT
7 AND COMBINATION PASSENGER/
8 FREIGHT ELEVATORS AND OTHER
9 [LIFTING DEVICES.................. 50.00]
10 LIFTING DEVICES.................. 73.00
11 [(C) SKI LIFTS........................ 100.00]
12 (C) SKI LIFTS........................ 145.00
13 [(D) ESCALATORS....................... 65.00]
14 (D) ESCALATORS....................... 94.00
15 [(VIII) SPECIAL APPROVAL.................. 350.00]
16 (VIII) SPECIAL APPROVAL..................508.00
17 (IX) REINSPECTION FOLLOWING FAILED INITIAL
18 [ACCEPTANCE INSPECTION............... 100.00]
19 ACCEPTANCE INSPECTION............... 145.00
20 (X) REINSPECTION FOLLOWING
21 FAILURE TO CORRECT VIOLATIONS
22 [WITHIN ALLOTTED TIME PERIOD.......... 50.00]
23 WITHIN ALLOTTED TIME PERIOD.......... 73.00
24 (XI) COPY OF DEPARTMENT ELEVATOR
25 [REGULATIONS.......................... 5.00]
26 REGULATIONS.......................... 7.00
27 (XII) DUPLICATE CERTIFICATE OF
28 [OPERATION.......................... 10.00]
29 OPERATION.......................... 15.00
30 * * *
20030H0172B3158 - 19 -
1 SECTION 7. SECTIONS 615-A AND 618-A OF THE ACT ARE AMENDED
2 BY ADDING PARAGRAPHS TO READ:
3 SECTION 615-A. PENNSYLVANIA SECURITIES COMMISSION.--THE
4 PENNSYLVANIA SECURITIES COMMISSION IS AUTHORIZED TO CHARGE FEES
5 FOR THE FOLLOWING PURPOSES AND IN THE FOLLOWING AMOUNTS:
6 * * *
7 (12) FILING FEES FOR SALES OF SECURITIES:
8 (I) EXEMPTION FILINGS UNDER SECTION 203(I)
9 OF THE ACT OF DECEMBER 5, 1972
10 (P.L.1280, NO.284), KNOWN AS THE "PENNSYLVANIA
11 SECURITIES ACT OF 1972,"
12 EXCEPT AS PROVIDED IN SECTION 205(B)(V)
13 OF THE "PENNSYLVANIA SECURITIES
14 ACT OF 1972"............... 100.00
15 (II) REGISTRATION STATEMENT FILINGS UNDER
16 SECTION 205 OF THE "PENNSYLVANIA SECURITIES
17 ACT OF 1972," EXCEPT AS PROVIDED IN
18 SECTION 205(B)(V) OF THE
19 "PENNSYLVANIA SECURITIES ACT
20 OF 1972"............ 500.00
21 (III) REGISTRATION STATEMENT
22 FILINGS UNDER SECTION 206 OF THE
23 "PENNSYLVANIA SECURITIES ACT OF 1972," EXCEPT
24 AS PROVIDED IN SECTION 205(B)(V)
25 OF THE "PENNSYLVANIA SECURITIES
26 ACT OF 1972"............. 350.00
27 PLUS 1/20 OF 1% OF THE
28 MAXIMUM AGGREGATE OFFERING
29 PRICE AT WHICH SUCH SECURITIES
30 ARE TO BE OFFERED IN THIS STATE,
20030H0172B3158 - 20 -
1 DURING THE EFFECTIVE PERIOD
2 OF THE REGISTRATION UP
3 TO A MAXIMUM FILING
4 FEE OF $2,150.
5 (IV) IN THE CASE OF REGISTRATION STATEMENT
6 FILINGS UNDER SECTION 205 OR 206 OF THE
7 "PENNSYLVANIA SECURITIES ACT OF
8 1972" OR EXEMPTION FILINGS UNDER SECTION
9 203(I) OF THE "PENNSYLVANIA SECURITIES
10 ACT OF 1972" BY AN OPEN-END OR
11 CLOSED-END INVESTMENT COMPANY, FACE
12 AMOUNT CERTIFICATE COMPANY OR UNIT
13 INVESTMENT TRUST, AS SUCH
14 PERSONS ARE CLASSIFIED IN THE
15 "INVESTMENT COMPANY ACT OF 1940"
16 (54 STAT. 789, 15 U.S.C.
17 § 1501 ET SEQ.).
18 BASED UPON THE MAXIMUM AGGREGATE
19 OFFERING PRICE AT WHICH
20 SUCH SECURITIES ARE TO BE OFFERED IN
21 THIS STATE DURING THE EFFECTIVE
22 PERIOD OF THE REGISTRATION,
23 EXEMPTION OR RENEWAL OF THE EXEMPTION,
24 THE FEE FOR:
25 (A) $4,000,000 OR LESS IS 1/20 OF 1%
26 WITH A MINIMUM FEE OF $350;
27 (B) MORE THAN $4,000,000 BUT LESS
28 THAN $100,000,000
29 IS THE MAXIMUM FEE PAYABLE
30 UNDER CLAUSE (A) PLUS $500;
20030H0172B3158 - 21 -
1 (C) $100,000,000 OR MORE IS THE MAXIMUM
2 FEE PAYABLE UNDER CLAUSE (A) PLUS THE
3 ADDITIONAL AMOUNT DUE UNDER
4 CLAUSE (B) PLUS $500; EXCEPT THAT,
5 IN THE CASE OF A REGISTRATION
6 STATEMENT IN WHICH THE
7 ISSUER, PURSUANT TO ITS ARTICLES
8 OF INCORPORATION OR OTHER GOVERNING
9 INSTRUMENTS, IS RESTRICTED
10 TO HOLDING EXCLUSIVELY DEBT SECURITIES
11 OF OTHER PERSONS HAVING FIXED FINAL
12 MATURITY DATES OCCURRING
13 WITHIN 200 DAYS FROM THE INITIAL
14 EFFECTIVE DATE OF THE REGISTRATION
15 STATEMENT FOR THE ISSUER'S
16 SECURITIES FILED UNDER THE "SECURITIES
17 ACT OF 1933" (45 STAT. 74, 15 U.S.C.
18 § 77 A ET. SEQ.), THE MAXIMUM FEE
19 PAYABLE UNDER THE ABOVE SCHEDULE
20 SHALL NOT EXCEED $1,250.
21 IF AN OPEN-END OR CLOSED-END
22 INVESTMENT COMPANY, FACE
23 AMOUNT CERTIFICATE COMPANY OR UNIT
24 INVESTMENT TRUST, AS SUCH PERSONS
25 ARE CLASSIFIED IN THE "INVESTMENT
26 COMPANY ACT OF 1940," WHICH HAS AN
27 EFFECTIVE REGISTRATION UNDER
28 SECTION 205 OR 206 OF THE "PENNSYLVANIA
29 SECURITIES ACT OF 1972" ELECTS TO
30 CONVERT TO AN EXEMPTION
20030H0172B3158 - 22 -
1 UNDER SECTION 203(I) OF THE "PENNSYLVANIA
2 SECURITIES ACT OF 1972" WITHOUT EXTENDING
3 THE EFFECTIVE PERIOD OF THE EXEMPTION
4 UNDER SECTION 203(I) OF THE
5 "PENNSYLVANIA SECURITIES ACT OF
6 1972" BEYOND THE DATE UPON WHICH
7 THE REGISTRATION UNDER SECTION
8 205 OR 206 OF THE "PENNSYLVANIA
9 SECURITIES ACT OF 1972" WOULD HAVE
10 OTHERWISE TERMINATED, THERE SHALL BE
11 NO ADDITIONAL FILING FEE REQUIRED.
12 (V) EXEMPTION FILINGS UNDER SECTION
13 203(O)(II) OF THE
14 "PENNSYLVANIA SECURITIES ACT OF
15 1972" SHALL BE.............. 250.00
16 (VI) WHEN A REGISTRATION STATEMENT
17 IS WITHDRAWN BEFORE THE EFFECTIVE
18 DATE OF A PRE-EFFECTIVE STOP ORDER IS
19 ENTERED UNDER SECTION 208 OF THE
20 "PENNSYLVANIA SECURITIES ACT OF
21 1972," THE AMOUNT THAT THE COMMISSION
22 SHALL RETAIN FROM THE FILING
23 FEE SHALL BE:
24 (A) UNDER SECTION 205 ............ 250.00
25 (B) UNDER SECTION 206 ............ 175.00
26 (VII) FILING AN APPLICATION FOR
27 EXEMPTION FROM REGISTRATION
28 UNDER SECTION 202(G) OF THE
29 "PENNSYLVANIA SECURITIES ACT
30 OF 1972"............ 25.00
20030H0172B3158 - 23 -
1 (VIII) FILING AN APPLICATION FOR
2 EXEMPTION FROM REGISTRATION
3 FOR AN OFFERING OF SECURITIES
4 TO BE SOLD UNDER SECTION
5 203(D) OF THE "PENNSYLVANIA SECURITIES ACT
6 OF 1972":
7 (A) WHERE THE MAXIMUM AGGREGATE OFFERING
8 PRICE AT WHICH SUCH SECURITIES ARE
9 OFFERED IN THIS STATE
10 IS LESS THAN $100,000........... 25.00
11 (B) WHERE THE MAXIMUM AGGREGATE OFFERING
12 PRICE AT WHICH SUCH
13 SECURITIES ARE OFFERED IN THIS
14 STATE IS $100,000 OR MORE BUT LESS
15 THAN $1,000,000............ 100.00
16 (C) WHERE THE MAXIMUM AGGREGATE
17 OFFERING PRICE AT WHICH
18 SUCH SECURITIES ARE BEING
19 OFFERED IN THIS STATE
20 IS $1,000,000 OR MORE...... 400.00
21 (IX) FILING AN APPLICATION FOR
22 EXEMPTION FROM REGISTRATION UNDER
23 SECTION 203(N) OF THE "PENNSYLVANIA
24 SECURITIES ACT OF 1972"............ 25.00
25 (X) FILING AN APPLICATION FOR EXEMPTION
26 FROM REGISTRATION UNDER SECTION
27 203(P) OF THE "PENNSYLVANIA SECURITIES
28 ACT OF 1972"............. 100.00
29 (XI) THE FEE FOR FILING WITH THE
30 COMMISSION ANY AMENDMENT TO
20030H0172B3158 - 24 -
1 A REGISTRATION UNDER SECTION 205 OR
2 206 OF THE "PENNSYLVANIA SECURITIES
3 ACT OF 1972" UNLESS A FEE IS OTHERWISE
4 REQUIRED FOR SUCH FILING UNDER
5 THIS SECTION............. 10.00
6 (XII) REGISTRATION STATEMENT FILINGS
7 UNDER SECTION 205 OF THE
8 "PENNSYLVANIA SECURITIES
9 ACT OF 1972," EXCEPT AS
10 PROVIDED IN SECTION 205(B)(IV)
11 OF THE "PENNSYLVANIA SECURITIES ACT
12 OF 1972," BASED UPON THE MAXIMUM
13 AGGREGATE OFFERING PRICE AT WHICH
14 SUCH SECURITIES ARE TO BE
15 OFFERED IN THIS STATE
16 DURING THE EFFECTIVE PERIOD OF
17 THE REGISTRATION STATEMENT:
18 (A) LESS THAN $10,000,000.......... 750.00
19 (B) $10,000,000 OR MORE ........... 1,000.00
20 (XIII) REGISTRATION STATEMENT
21 FILINGS UNDER SECTION 206 OF THE
22 "PENNSYLVANIA SECURITIES ACT OF 1972,"
23 EXCEPT AS PROVIDED IN SECTION
24 205(B)(IV) OF THE "PENNSYLVANIA
25 SECURITIES ACT OF 1972"............ 500.00
26 PLUS 1/20 OF
27 1% OF THE MAXIMUM
28 AGGREGATE OFFERING
29 PRICE AT WHICH
30 SUCH SECURITIES
20030H0172B3158 - 25 -
1 ARE TO BE
2 OFFERED IN
3 THIS STATE, DURING
4 THE EFFECTIVE
5 PERIOD OF THE
6 REGISTRATION UP
7 TO A MAXIMUM
8 FILING FEE OF $3,000.
9 (XIV) IN THE CASE OF REGISTRATION
10 STATEMENT FILINGS
11 UNDER SECTION 205 OR 206 OF THE
12 "PENNSYLVANIA SECURITIES ACT OF 1972"
13 OR NOTICE FILINGS UNDER
14 SECTION 211 OF THE "PENNSYLVANIA
15 SECURITIES ACT OF 1972" BY AN OPEN-END
16 OR CLOSED-END INVESTMENT
17 COMPANY, FACE AMOUNT CERTIFICATE
18 COMPANY OR UNIT INVESTMENT
19 TRUST, AS SUCH PERSONS ARE
20 CLASSIFIED IN THE "INVESTMENT
21 COMPANY ACT OF 1940."
22 BASED UPON THE MAXIMUM AGGREGATE
23 OFFERING PRICE AT WHICH
24 SUCH SECURITIES ARE TO BE OFFERED
25 IN THIS STATE DURING
26 THE EFFECTIVE PERIOD OF THE REGISTRATION
27 OR NOTICE FILING, THE FEE FOR:
28 (A) $4,000,000 OR LESS, 1/20 OF 1% WITH
29 A MINIMUM FEE OF $350;
30 (B) MORE THAN $4,000,000 BUT LESS
20030H0172B3158 - 26 -
1 THAN $100,000,000.....$3,000;
2 (C) $100,000,000 OR MORE.....$3,500; OR
3 (D) FOR AN INDEFINITE AMOUNT OF SECURITIES
4 TO BE OFFERED IN THIS STATE DURING
5 THE EFFECTIVE PERIOD OF
6 THE REGISTRATION OR NOTICE FILING.
7 THE AMOUNT SPECIFIED IN CLAUSE (C)
8 PLUS A $500 ASSESSMENT SPECIFIED
9 IN SECTION 602.1(A)(5)
10 OF THE "PENNSYLVANIA SECURITIES
11 ACT OF 1972."
12 (XV) EXEMPTION FILINGS UNDER
13 SECTION 203(O) OF THE
14 "PENNSYLVANIA SECURITIES ACT
15 OF 1972" SHALL BE................. 350.00
16 (XVI) WHEN A REGISTRATION
17 STATEMENT OR NOTICE FILING
18 MADE UNDER SECTION 211(A)
19 OF THE "PENNSYLVANIA
20 SECURITIES ACT OF 1972"
21 IS WITHDRAWN BEFORE THE
22 EFFECTIVE DATE OR A PRE-EFFECTIVE
23 STOP ORDER IS ENTERED UNDER
24 SECTION 208 OF
25 THE "PENNSYLVANIA SECURITIES
26 ACT OF 1972," THE
27 AMOUNT THAT THE COMMISSION
28 SHALL RETAIN FROM
29 THE FILING FEE AND, IF
30 APPLICABLE, AN ASSESSMENT
20030H0172B3158 - 27 -
1 IMPOSED UNDER SECTION 602.1(A)(5)
2 OF THE "PENNSYLVANIA SECURITIES
3 ACT OF 1972" SHALL BE:
4 (A) UNDER SECTION 205 OF THE
5 "PENNSYLVANIA SECURITIES ACT OF
6 1972" OR A NOTICE FILING UNDER
7 SECTION 211(A) OF THE "PENNSYLVANIA
8 SECURITIES ACT OF 1972"........... 400.00
9 (B) UNDER SECTION 206 OF THE
10 "PENNSYLVANIA SECURITIES ACT
11 OF 1972".............. 250.00
12 (XVII) FILING A NOTICE ON
13 A NOTICE ON SEC FORM D UNDER
14 SECTION 211(B) OF THE
15 "PENNSYLVANIA SECURITIES ACT
16 OF 1972".................... 525.00
17 (XVIII) FILING AN APPLICATION FOR
18 EXEMPTION FROM REGISTRATION
19 UNDER SECTION 203(D) OR (S) OF
20 THE "PENNSYLVANIA SECURITIES
21 ACT OF 1972":
22 (A) WHERE THE MAXIMUM AGGREGATE
23 OFFERING PRICE AT WHICH SUCH
24 SECURITIES ARE OFFERED IN THIS STATE
25 IS LESS THAN $1,000,000........... 150.00
26 (B) WHERE THE MAXIMUM AGGREGATE
27 OFFERING PRICE AT WHICH SUCH
28 SECURITIES ARE OFFERED IN THIS
29 STATE IS $1,000,000 OR MORE....... 400.00
30 (XIX) FILING AN APPLICATION FOR
20030H0172B3158 - 28 -
1 EXEMPTION FROM REGISTRATION
2 UNDER SECTION 203(T) OF THE
3 "PENNSYLVANIA SECURITIES
4 ACT OF 1972".......... 500.00
5 (XX) FILING AN APPLICATION FOR
6 EXEMPTION FROM REGISTRATION
7 UNDER SECTION 203(P) OF THE
8 "PENNSYLVANIA SECURITIES ACT OF 1972".... 100.00
9 (13) THERE SHALL BE NO REFUND OF ANY FILING FEE
10 SPECIFIED IN PARAGRAPH (12)(XVII) THROUGH (XX).
11 (14) EVERY APPLICANT FOR AN INITIAL OR RENEWAL LICENSE
12 UNDER SECTION 301 OF THE "PENNSYLVANIA SECURITIES ACT OF
13 1972" SHALL PAY A FILING FEE OF $350 IN THE CASE OF A BROKER-
14 DEALER, $80 IN THE CASE OF AN AGENT, $275 IN THE CASE OF AN
15 INVESTMENT ADVISER AND $80 IN THE CASE OF AN INVESTMENT
16 ADVISER REPRESENTATIVE. THE TERM OF AN AGENT'S OR ASSOCIATED
17 PERSON'S REGISTRATION HEREUNDER SHALL BE CONCURRENT WITH THAT
18 OF HIS EMPLOYER, IF A BROKER-DEALER OR AN INVESTMENT ADVISER.
19 WHEN AN AGENT CHANGES EMPLOYERS, AN $80 FEE SHALL BE PAID.
20 WHEN AN INVESTMENT ADVISER REPRESENTATIVE CHANGES EMPLOYERS,
21 AN $80 FEE SHALL BE PAID. WHEN AN APPLICATION IS DENIED OR
22 WITHDRAWN OR A REGISTRATION REVOKED, THE FILING FEE SHALL BE
23 RETAINED. A FEDERALLY COVERED ADVISER SHALL PAY AN ANNUAL
24 NOTICE FILING FEE OF $350.
25 (15) THE FEE FOR THE COMMISSION'S ACTING AS AN ESCROW
26 HOLDER FOR SECURITIES UNDER SECTION 207 OF THE "PENNSYLVANIA
27 SECURITIES ACT OF 1972" IS $100.
28 (16) THE COMMISSION MAY FIX BY REGULATION A REASONABLE
29 CHARGE FOR ANY PUBLICATION ISSUED UNDER ITS AUTHORITY.
30 (17) THE COMMISSION MAY FIX BY REGULATION REASONABLE
20030H0172B3158 - 29 -
1 CHARGES FOR THE COST OF ADMINISTERING EXAMINATIONS REQUIRED
2 FOR REGISTRATION UNDER SECTION 301 OF THE "PENNSYLVANIA
3 SECURITIES ACT OF 1972."
4 SECTION 618-A. DEPARTMENT OF STATE.--THE DEPARTMENT OF STATE
5 IS AUTHORIZED TO CHARGE FEES FOR THE FOLLOWING PURPOSES AND IN
6 THE FOLLOWING AMOUNTS:
7 * * *
8 (2) CORPORATION BUREAU.--THE FEES OF THE CORPORATION BUREAU
9 OF THE DEPARTMENT, INCLUDING FEES FOR THE PUBLIC ACTS AND
10 TRANSACTIONS OF THE SECRETARY OF THE COMMONWEALTH ADMINISTERED
11 THROUGH THE BUREAU SHALL BE AS FOLLOWS:
12 (I) DOMESTIC CORPORATIONS:
13 (A) ARTICLES OF INCORPORATION,
14 LETTERS PATENT OR LIKE INSTRUMENT
15 INCORPORATING A CORPORATION
16 OR ASSOCIATION.................... $125.00
17 (B) ARTICLES OF AGREEMENT OR LIKE
18 INSTRUMENT OF MERGER, CONSOLIDATION
19 OR DIVISION....................... 70.00
20 (C) ADDITIONAL FEE FOR EACH ASSOCIATION
21 WHICH IS A PARTY TO A MERGER OR
22 CONSOLIDATION..................... 40.00
23 (D) ADDITIONAL FEE FOR EACH NEW
24 CORPORATION RESULTING FROM A
25 DIVISION.......................... 125.00
26 (E) ARTICLES OF CONVERSION OR LIKE
27 INSTRUMENT........................ 70.00
28 (F) EACH ANCILLARY
29 TRANSACTION....................... 70.00
30 (II) FOREIGN CORPORATIONS:
20030H0172B3158 - 30 -
1 (A) CERTIFICATES OF AUTHORITY OR LIKE
2 QUALIFICATION TO DO BUSINESS....... 250.00
3 (B) AMENDED CERTIFICATE OF AUTHORITY
4 OR LIKE CHANGE IN QUALIFICATION
5 TO DO BUSINESS.................... 250.00
6 (C) DOMESTICATION..................... 125.00
7 (D) STATEMENT OF MERGER OR CONSOLIDA-
8 TION OR LIKE INSTRUMENT REPORTING
9 OCCURRENCE OF MERGER OR CONSOLIDATION
10 NOT AFFECTED BY A FILING IN
11 THE DEPARTMENT..................... 70.00
12 (E) ADDITIONAL FEE FOR EACH QUALIFIED
13 FOREIGN CORPORATION WHICH IS
14 NAMED IN A STATEMENT OF MERGER OR
15 CONSOLIDATION OR LIKE INSTRUMENT... 40.00
16 (F) EACH ANCILLARY
17 TRANSACTION........................ 70.00
18 (III) PARTNERSHIPS AND LIMITED
19 LIABILITY COMPANIES:
20 (A) CERTIFICATE OF LIMITED
21 PARTNERSHIP OR CERTIFICATE OF
22 ORGANIZATION OF A LIMITED LIABILITY
23 COMPANY OR LIKE INSTRUMENT
24 FORMING A LIMITED PARTNERSHIP
25 OR ORGANIZING A LIMITED
26 LIABILITY COMPANY.................. 125.00
27 (B) CERTIFICATE OF MERGER OR
28 CONSOLIDATION...................... 70.00
29 (C) ADDITIONAL FEE FOR EACH
30 ASSOCIATION WHICH IS A PARTY TO THE
20030H0172B3158 - 31 -
1 MERGER OR CONSOLIDATION............ 40.00
2 (D) APPLICATION FOR REGISTRATION
3 OF FOREIGN LIMITED PARTNERSHIP
4 OR LIMITED LIABILITY COMPANY.......... 250.00
5 (E) CERTIFICATE OF AMENDMENT OF
6 REGISTRATION OF FOREIGN LIMITED
7 PARTNERSHIP OR LIMITED
8 LIABILITY COMPANY..................... 250.00
9 (F) STATEMENT OF REGISTRATION OF
10 REGISTERED LIMITED LIABILITY
11 PARTNERSHIP OR STATEMENT OF
12 ELECTION AS AN ELECTING
13 PARTNERSHIP.......................... 125.00
14 (G) DOMESTICATION OF FOREIGN
15 LIMITED LIABILITY COMPANY............ 125.00
16 (H) ADDITIONAL FEE FOR EACH
17 NEW ENTITY RESULTING FROM
18 A DIVISION........................... 125.00
19 (I) EACH ANCILLARY
20 TRANSACTION.......................... 70.00
21 (IV) BUSINESS TRUSTS:
22 (A) DEED OF TRUST OR OTHER
23 INITIAL INSTRUMENT FOR A
24 BUSINESS TRUST....................... 125.00
25 (B) EACH ANCILLARY
26 TRANSACTION.......................... 70.00
27 (V) FICTITIOUS NAMES:
28 (A) REGISTRATION......................... 70.00
29 (B) EACH ANCILLARY TRANSACTION........... 70.00
30 (VI) SERVICE OF PROCESS:
20030H0172B3158 - 32 -
1 (A) EACH DEFENDANT NAMED OR
2 SERVED............................... 70.00
3 (VII) TRADEMARKS, EMBLEMS, UNION LABELS,
4 DESCRIPTION OF BOTTLES AND LIKE MATTERS:
5 (A) TRADEMARK REGISTRATION............... 50.00
6 (B) EACH ANCILLARY TRADEMARK
7 TRANSACTION.......................... 50.00
8 (C) ANY OTHER REGISTRATION UNDER
9 THIS PARAGRAPH........................... 70.00
10 (D) ANY OTHER ANCILLARY TRANSACTION
11 UNDER THIS PARAGRAPH..................... 70.00
12 (VIII) UNIFORM COMMERCIAL CODE:
13 AS PROVIDED IN 13 PA.C.S. § 9525
14 (RELATING TO FEES).
15 (IX) COPY FEES (INCLUDING COPIES FURNISHED
16 BY FILING OFFICERS UNDER THE UNIFORM
17 COMMERCIAL CODE):
18 (A) EACH PAGE OF PHOTOCOPY
19 FURNISHED............................ 3.00
20 (X) CERTIFICATION FEES:
21 (A) FOR CERTIFYING COPIES OF ANY
22 DOCUMENT OR PAPER ON FILE, THE
23 FEE SPECIFIED IN PARAGRAPH (IX),
24 IF THE DEPARTMENT FURNISHED THE
25 COPY, PLUS........................... 40.00
26 (B) FOR CERTIFYING A DUPLICATE
27 COPY OF A DOCUMENT PURSUANT TO
28 15 PA.C.S. § 136(B)(2) (RELATING
29 TO IMMEDIATE CERTIFIED COPY)
30 OR, IF THAT CERTIFICATION CANNOT
20030H0172B3158 - 33 -
1 BE MADE AT THE TIME OF ORIGINAL
2 EXAMINATION, FOR THE ORIGINAL
3 EXAMINATION AND REJECTION
4 BY THE BUREAU OF A DOCUMENT
5 SUBMITTED UNDER THAT PROCEDURE,
6 PLUS AN ADDITIONAL FEE
7 FOR EACH REEXAMINATION OR
8 CERTIFICATION, AS THE CASE MAY
9 BE, BY THE BUREAU OF A PREVIOUSLY
10 REJECTED DOCUMENT SUBMITTED UNDER
11 THAT PROCEDURE....................... 70.00
12 (C) FOR ISSUING ANY OTHER CERTIFICATE
13 OF THE SECRETARY OF THE COMMONWEALTH
14 OR THE DEPARTMENT OF STATE (OTHER THAN
15 AN ENGROSSED CERTIFICATE)............ 40.00
16 (XI) REPORT OF RECORD SEARCH (OTHER THAN SEARCH
17 UNDER PARAGRAPH (VIII)):
18 (A) FOR PREPARING AND PROVIDING
19 A WRITTEN OR PHOTOCOPY, OR BOTH,
20 REPORT OF A RECORD SEARCH, THE FEE
21 SPECIFIED IN PARAGRAPH (IX),
22 IF ANY, PLUS........................ 15.00
23 (XII) RESERVATION AND REGISTRATION
24 OF NAMES:
25 (A) RESERVATION OF ASSOCIATION
26 NAME................................ 70.00
27 (B) REGISTRATION OF FOREIGN OR OTHER
28 CORPORATION NAME..................... 70.00
29 (XIII) CHANGE OF REGISTERED OFFICE
30 BY AGENT:
20030H0172B3158 - 34 -
1 (A) EACH STATEMENT OF CHANGE
2 OF REGISTERED OFFICE BY AGENT........ 5.00
3 (XIV) CONTINGENT DOMESTICATION:
4 (A) STATEMENT OF CONTINGENT
5 DOMESTICATION........................ 125.00
6 (B) EACH YEAR, OR PORTION THEREOF,
7 DURING WHICH A CONTINGENT
8 DOMESTICATION OR TEMPORARY
9 DOMICILIARY STATUS IS
10 IN EFFECT........................... 1,500.00
11 SECTION 8. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
12 SECTION 814. CORPORATION BUREAU RESTRICTED ACCOUNT.--THE
13 RESTRICTED ACCOUNT, THE CORPORATION BUREAU RESTRICTED ACCOUNT,
14 ESTABLISHED UNDER 15 PA.C.S. § 155(A) (RELATING TO DISPOSITION
15 OF FUNDS), IS CONTINUED. THIS ACCOUNT SHALL RECEIVE 30% OF THE
16 AMOUNT RECEIVED BY THE DEPARTMENT UNDER SUBCHAPTER C OF 15
17 PA.C.S. (RELATING TO CORPORATION BUREAU AND UCC FEES) EXCEPT FOR
18 THE FEES COLLECTED UNDER 13 PA.C.S. § 9525(A)(1)(II) (RELATING
19 TO FEES). THIS ACCOUNT SHALL RECEIVE 5% OF THE AMOUNT RECEIVED
20 BY THE DEPARTMENT UNDER SECTION 9525(A)(1)(II). THE BALANCE OF
21 THE AMOUNT RECEIVED BY THE DEPARTMENT UNDER SUBCHAPTER C OF 15
22 PA.C.S. SHALL BE DEPOSITED IN THE GENERAL FUND. FUNDS IN THE
23 CORPORATION BUREAU RESTRICTED ACCOUNT SHALL BE USED SOLELY FOR
24 THE OPERATION OF THE CORPORATION BUREAU IN THE DEPARTMENT OF
25 STATE AND FOR ITS MODERNIZATION AS MAY BE REQUIRED FOR IMPROVED
26 OPERATIONS OF THE BUREAU UNLESS A SURPLUS ARISES AFTER TWO
27 CONSECUTIVE YEARS, AT WHICH TIME THE SECRETARY OF STATE SHALL
28 TRANSFER ANY AMOUNT IN EXCESS OF THE BUREAU'S BUDGET INTO THE
29 GENERAL FUND. THE SECRETARY OF STATE SHALL TRANSFER $5,000,000
30 FROM THE ACCOUNT TO THE GENERAL FUND IN FISCAL YEAR 2003-2004.
20030H0172B3158 - 35 -
1 SECTION 9. SECTION 1321(A) OF THE ACT, AMENDED NOVEMBER 26,
2 1997 (P.L.530, NO.57), IS AMENDED TO READ:
3 SECTION 1321. COLLECTIVE BARGAINING.--(A) SCHOOL
4 ADMINISTRATORS EMPLOYED BY A CITY OF THE FIRST CLASS SHALL,
5 THROUGH LABOR ORGANIZATIONS OR OTHER REPRESENTATIVES DESIGNATED
6 BY FIFTY PER CENTUM (50%) OR MORE OF SUCH SCHOOL ADMINISTRATORS,
7 HAVE THE RIGHT TO BARGAIN COLLECTIVELY WITH THEIR PUBLIC
8 EMPLOYERS CONCERNING THE TERMS AND CONDITIONS OF THEIR
9 EMPLOYMENT, INCLUDING COMPENSATION, HOURS, WORKING CONDITIONS
10 AND OTHER BENEFITS, AND SHALL HAVE THE RIGHT TO AN ADJUSTMENT OR
11 SETTLEMENT OF THEIR GRIEVANCES OR DISPUTES IN ACCORDANCE WITH
12 THE TERMS OF THIS SECTION. THE PENNSYLVANIA LABOR RELATIONS
13 BOARD SHALL RESOLVE DISPUTES AS TO THE ITEMS UNDER THIS
14 SUBSECTION IN THE SAME MANNER AS IT RESOLVES DISPUTES UNDER THE
15 ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
16 EMPLOYE RELATIONS ACT."
17 * * *
18 SECTION 10. SECTION 2101 OF THE ACT IS AMENDED TO READ:
19 SECTION 2101. POWERS AND DUTIES IN GENERAL.--(A) THE
20 DEPARTMENT OF HEALTH SHALL, SUBJECT TO ANY INCONSISTENT
21 PROVISIONS IN THIS ACT CONTAINED, CONTINUE TO EXERCISE THE
22 POWERS AND PERFORM THE DUTIES BY LAW VESTED IN AND IMPOSED UPON
23 THE SAID DEPARTMENT, THE FORMER BUREAUS THEREOF, THE
24 COMMISSIONER OF HEALTH, AND THE SECRETARY OF HEALTH.
25 (B) THE DEPARTMENT OF HEALTH SHALL PERMIT ANY LABORATORY
26 CERTIFIED PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT ACT OF
27 1967 (PUBLIC LAW 90-174, 81 STAT. 533) THAT IS LICENSED TO
28 PERFORM SCREENING TESTING OF NEWBORN INFANTS IN ANY STATE AND
29 USES NORMAL PEDIATRIC REFERENCE RANGES TO CONDUCT THE ANALYSIS
30 REQUIRED BY SECTION 4(A) OF THE ACT OF SEPTEMBER 9, 1965
20030H0172B3158 - 36 -
1 (P.L.497, NO.251), KNOWN AS THE "NEWBORN CHILD TESTING ACT," AS
2 AN ALTERNATIVE TO THE TESTING LABORATORY DESIGNATED BY THE
3 DEPARTMENT OF HEALTH IN ACCORDANCE WITH SECTION 5 OF THE
4 "NEWBORN CHILD TESTING ACT." THE TESTING PERFORMED BY SUCH
5 LABORATORY MUST INCLUDE TESTING FOR THE NEWBORN DISEASES AS
6 ESTABLISHED BY LAW OR REGULATION AND SHALL PROVIDE TEST RESULTS
7 AND REPORTS CONSISTENT WITH POLICIES, PROCEDURES, LAW AND
8 REGULATIONS. A TESTING LABORATORY DESIGNATED BY THE DEPARTMENT
9 OF HEALTH OR PERMITTED AS AN ALTERNATIVE UNDER THIS SUBSECTION
10 SHALL NOT USE OR PROVIDE BLOOD SAMPLES FOR SCIENTIFIC RESEARCH
11 WITHOUT THE INFORMED WRITTEN CONSENT OF THE PARENT OR GUARDIAN
12 OF THE CHILD.
13 SECTION 11. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
14 SECTION 2402.2. ENERGY PROFILES FOR STATE BUILDINGS.--(A)
15 THE DEPARTMENT OF GENERAL SERVICES SHALL ESTABLISH AN ENERGY
16 PROFILE FOR EACH STATE BUILDING.
17 (B) THE ENERGY PROFILE ESTABLISHED IN SUBSECTION (A) SHALL
18 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR
19 THE STATE BUILDING:
20 (1) THE SOURCE OF ELECTRIC GENERATION, INCLUDING THE TYPE OF
21 GENERATION.
22 (2) THE SOURCE OF HEATING FUEL, INCLUDING THE TYPE OF FUEL.
23 (3) THE SIZE OF THE BUILDING AS MEASURED IN SQUARE FEET.
24 (4) THE TOTAL EXPENDITURES PER MONTH FOR ELECTRICITY AND
25 HEATING FUEL.
26 (5) THE TOTAL AMOUNT OF BRITISH THERMAL UNITS PER MONTH.
27 (6) THE TOTAL AMOUNT OF BTU'S PER MONTH PER SQUARE FOOT.
28 (7) THE TOTAL EXPENDITURES PER MONTH PER SQUARE FOOT.
29 INFORMATION SHALL BE REPORTED FOR THE CURRENT MONTH AND THE
30 PRECEDING SIX MONTHS AND SHALL CLEARLY INDICATE THE ADDITIONAL
20030H0172B3158 - 37 -
1 UTILITY COSTS OR THE COST SAVINGS FROM THE IMMEDIATE PAST MONTH
2 TO THE CURRENT MONTH AS WELL AS ANY CUMULATIVE COSTS OR COST
3 SAVINGS.
4 (C) THE DEPARTMENT OF GENERAL SERVICES SHALL POST THE ENERGY
5 PROFILE FOR A STATE BUILDING IN A LOCATION ACCESSIBLE TO THE
6 GENERAL PUBLIC DURING NORMAL BUSINESS HOURS.
7 (D) ON OR BEFORE MARCH 1, 2005, THE DEPARTMENT OF GENERAL
8 SERVICES SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY ON THE
9 TYPE, TOTAL COST AND AMOUNT AND AVERAGE COST OF ENERGY USED IN
10 STATE BUILDINGS UTILIZING THE INFORMATION SET FORTH IN
11 SUBSECTION (B) FOR THE CALENDAR YEAR 2004.
12 (E) THIS SECTION SHALL EXPIRE MARCH 31, 2005.
13 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
15 "ENERGY PROFILE" MEANS A DOCUMENT, AS DESCRIBED IN SUBSECTION
16 (B), SHOWING THE TYPES AND RATES OF ENERGY CONSUMED AND THE
17 AMOUNT OF DOLLARS EXPENDED FOR ENERGY CONSUMPTION IN A STATE
18 BUILDING.
19 "STATE BUILDING" MEANS A STRUCTURE OCCUPIED BY AN EXECUTIVE
20 AGENCY AS DEFINED IN 62 PA.C.S. § 103 (RELATING TO DEFINITIONS).
21 SECTION 12. SECTION 2420 OF THE ACT, ADDED APRIL 9, 1990
22 (P.L.115, NO.28), IS AMENDED TO READ:
23 SECTION 2420. STATE HEATING SYSTEMS TO BE FUELED BY COAL.--
24 (A) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
25 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
26 MEANINGS GIVEN TO THEM IN THIS SECTION:
27 "COAL." COAL PRODUCED FROM MINES IN PENNSYLVANIA OR ANY
28 MIXTURE OR SYNTHETIC DERIVED, IN WHOLE OR IN PART, FROM COAL
29 PRODUCED FROM MINES IN PENNSYLVANIA.
30 "MIXTURE DERIVED, IN WHOLE OR IN PART, FROM COAL." INCLUDES,
20030H0172B3158 - 38 -
1 BUT IS NOT LIMITED TO, BOTH THE INTERMITTENT AND THE
2 SIMULTANEOUS BURNING OF NATURAL GAS WITH COAL OR A COAL
3 DERIVATIVE IF THE INTERMITTENT OR SIMULTANEOUS BURNING OF
4 NATURAL GAS WOULD:
5 (1) LOWER THE COST OF USING COAL OR A COAL DERIVATIVE
6 PRODUCED FROM MINES IN PENNSYLVANIA; OR
7 (2) ENABLE COAL OR A COAL DERIVATIVE PRODUCED FROM MINES IN
8 PENNSYLVANIA TO BE BURNED IN COMPLIANCE WITH PRESENT AND
9 REASONABLY ANTICIPATED ENVIRONMENTAL LAWS AND REGULATIONS.
10 (B) ANY HEATING SYSTEM OR HEATING UNIT INSTALLED IN A
11 FACILITY OWNED BY THE STATE ON OR AFTER THE EFFECTIVE DATE OF
12 THIS SECTION SHALL BE FUELED BY COAL.
13 (B.1) ANY STATE FACILITY OR AGENCY WHICH SEEKS TO PERFORM A
14 STUDY OR TAKE ANY ACTION WHICH MAY RESULT IN THE CONVERSION OF
15 ITS COAL FIRED HEATING SYSTEM TO USE A FUEL OTHER THAN COAL
16 SHALL PUBLISH ITS INTENTION IN THE PENNSYLVANIA BULLETIN AND
17 SHALL REPORT ITS INTENTION TO DO SO TO THE DEPARTMENT OF GENERAL
18 SERVICES WITHIN 90 DAYS PRIOR TO BEGINNING THE STUDY.
19 (B.2) ANY REPORT, FINDING OR RECOMMENDATIONS TO THE STATE
20 FACILITY OR AGENCY AS A RESULT OF THE STUDY SHALL BE REPORTED
21 IMMEDIATELY TO THE SECRETARY OF GENERAL SERVICES AND THE
22 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
23 COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
24 (C) ANY HEATING SYSTEM OR HEATING UNIT SHALL BE EXEMPT FROM
25 THE REQUIREMENT OF SUBSECTION (B) IF THE SECRETARY OF GENERAL
26 SERVICES DETERMINES THAT:
27 (1) USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR
28 HEATING UNIT WOULD VIOLATE EXISTING OR REASONABLY ANTICIPATED
29 ENVIRONMENTAL LAWS OR REGULATIONS;
30 (2) USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR
20030H0172B3158 - 39 -
1 HEATING UNIT WOULD NOT BE COST EFFECTIVE WHEN COMPARED TO USING
2 OTHER FORMS OF ENERGY;
3 (3) USING ELECTRICITY GENERATED PRIMARILY FROM THE
4 COMBUSTION OF COAL WOULD BE MORE COST EFFECTIVE WHEN COMPARED TO
5 USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR HEATING UNIT;
6 (4) THE PRINCIPAL FUEL FOR THAT HEATING SYSTEM OR HEATING
7 UNIT WOULD BE NATURAL GAS FROM WELLS LOCATED IN PENNSYLVANIA OR
8 WOOD FROM FORESTS LOCATED IN PENNSYLVANIA, IF SUCH FUEL WERE AT
9 LEAST AS COST EFFECTIVE AS USING COAL AS THE FUEL; OR
10 (5) THAT HEATING SYSTEM OR HEATING UNIT WAS IN OR BEYOND THE
11 DESIGN STAGE PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
12 (D) IN DETERMINING COST-EFFECTIVENESS UNDER CLAUSES (2), (3)
13 AND (4) OF SUBSECTION (C), THE SECRETARY OF GENERAL SERVICES
14 SHALL PERFORM A LIFE CYCLE COST ANALYSIS.
15 (E) THE SECRETARY OF GENERAL SERVICES SHALL REPORT TO THE
16 APPROPRIATIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
17 THE SENATE THE BASIS FOR ANY DETERMINATION THAT A HEATING SYSTEM
18 OR HEATING UNIT SHALL BE EXEMPT FROM THE REQUIREMENT OF
19 SUBSECTION (B).
20 SECTION 13. (A) THE FOLLOWING ACTS AND PARTS OF ACTS ARE
21 REPEALED:
22 SECTION 806.1 OF THE ACT OF JUNE 29, 1953 (P.L.304, NO.66),
23 KNOWN AS THE VITAL STATISTICS LAW OF 1953.
24 SECTION 602 OF THE ACT OF DECEMBER 5, 1972 (P.L.1280,
25 NO.284), KNOWN AS THE PENNSYLVANIA SECURITIES ACT OF 1972.
26 SECTION 8 OF THE ACT OF JULY 11, 1996 (P.L.619, NO.105),
27 ENTITLED "AN ACT AMENDING THE ACT OF APRIL 9, 1929 (P.L.177,
28 NO.175), ENTITLED 'AN ACT PROVIDING FOR AND REORGANIZING THE
29 CONDUCT OF THE EXECUTIVE AND ADMINISTRATIVE WORK OF THE
30 COMMONWEALTH BY THE EXECUTIVE DEPARTMENT THEREOF AND THE
20030H0172B3158 - 40 -
1 ADMINISTRATIVE DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS
2 THEREOF, INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL
3 SCHOOLS, OR TEACHERS COLLEGES; ABOLISHING, CREATING,
4 REORGANIZING OR AUTHORIZING THE REORGANIZATION OF CERTAIN
5 ADMINISTRATIVE DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING
6 THE POWERS AND DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND
7 ADMINISTRATIVE OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE
8 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE
9 SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER
10 EXECUTIVE AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE
11 APPOINTMENT OF CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL
12 DEPUTIES AND OTHER ASSISTANTS AND EMPLOYES IN CERTAIN
13 DEPARTMENTS, BOARDS, AND COMMISSIONS; AND PRESCRIBING THE MANNER
14 IN WHICH THE NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL
15 OTHER ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
16 COMMISSIONS SHALL BE DETERMINED,' TRANSFERRING THE SCOTLAND
17 SCHOOL FOR VETERANS' CHILDREN FROM THE DEPARTMENT OF EDUCATION
18 TO THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS; PROVIDING
19 FOR A PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION VOLUNTEER
20 PROGRAM; FURTHER PROVIDING FOR THE AVIATION RESTRICTED ACCOUNT;
21 SPECIFICALLY AUTHORIZING COLLECTIVE BARGAINING BETWEEN SCHOOL
22 ADMINISTRATORS IN SCHOOL DISTRICTS OF THE FIRST CLASS AND THEIR
23 PUBLIC EMPLOYERS; PROVIDING FOR ARBITRATION IN ORDER TO SETTLE
24 DISPUTES; REQUIRING COMPLIANCE WITH COLLECTIVE BARGAINING
25 AGREEMENTS AND FINDINGS OF ARBITRATORS; PROVIDING FOR PAY TO
26 CERTAIN INSPECTORS, FOR CONTRIBUTION TO KOREA/VIETNAM MEMORIAL
27 NATIONAL EDUCATION CENTER AND FOR AN EXCLUSION FROM SALES AND
28 USE TAX; MAKING REPEALS; AND MAKING EDITORIAL CHANGES."
29 15 PA.C.S. §§ 153(A) AND 155(A).
30 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
20030H0172B3158 - 41 -
1 THEY ARE INCONSISTENT WITH THIS ACT.
2 SECTION 14. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE AMENDMENT OF SECTION 2420 OF THE ACT SHALL TAKE
4 EFFECT IN 60 DAYS.
5 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
6 IMMEDIATELY.
A7L71SFL/20030H0172B3158 - 42 -