PRIOR PRINTER'S NOS. 135, 2834

PRINTER'S NO.  3006

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

193

Session of

2011

  

  

INTRODUCED BY HARPER, CALTAGIRONE, COHEN, DeLUCA, FLECK, FREEMAN, GEORGE, HORNAMAN, KORTZ, MILNE, MURPHY, PASHINSKI, PAYTON, ROSS, SANTARSIERO, SCAVELLO, VITALI, WATSON, MURT, TAYLOR, YOUNGBLOOD, M. SMITH, GIBBONS, BRADFORD, HARHART, STURLA AND K. BOYLE, JANUARY 24, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 24, 2012   

  

  

  

AN ACT

  

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Requiring the design, construction and renovation of certain

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State-owned or State-leased buildings to comply with

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specified energy and environmental building standards; and

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providing for the powers and duties of the Department of

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General Services.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the High-

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Performance, State Buildings Standards Act.

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Section 2.  Purpose.

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The General Assembly declares the purposes of this act as

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follows:

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(1)  To promote effective energy and environmental

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standards for construction, rehabilitation and maintenance of

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buildings in this Commonwealth.

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(2)  To optimize the energy performance of State 

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Commonwealth buildings throughout this Commonwealth.

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(3)  To increase the demand for environmentally

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preferable building materials, finishes and furnishings.

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(4)  To improve environmental quality in this

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Commonwealth by decreasing the discharge of pollutants from

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buildings and their manufacture.

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(5)  To create public awareness of new technologies that

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can improve the health and productivity of building occupants

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by meeting advanced criteria for indoor air quality.

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(6)  To improve working conditions and reduce building-

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related health problems.

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(7)  To reduce this Commonwealth's dependence upon

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imported sources of energy through buildings that conserve

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energy and utilize local and renewable energy sources.

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(8)  To protect and restore this Commonwealth's natural

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resources by avoiding development of inappropriate building

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sites.

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(9)  To reduce the burden on municipal water supply and

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treatment by reducing potable water consumption.

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(10)  To reduce waste generation and to manage waste

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through recycling and diversion from landfill disposal.

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(11)  To improve the Commonwealth's capacity to design,

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build and operate high-performance buildings and, in doing

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so, to create new jobs and contribute to economic growth.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Building project."  The design, construction or renovation

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of any physical structure and its associated project building

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site.

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"Commonwealth agency."  An executive agency, an independent

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agency, a State-affiliated entity or State-related institution

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as defined by 62 Pa.C.S. § 103 (relating to definitions). The

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term also includes the General Assembly, its officers and

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agencies and the unified judicial system and its officers and

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agencies.

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"Department."  The Department of General Services of the

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Commonwealth.

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"High-performance building."  A building designed to achieve

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integrated systems design and construction so as to

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significantly reduce or eliminate the negative impact of the

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built environment.

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"Major facility project."  Any of the following:

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(1)  A State-owned construction building project in which

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the building to be constructed is larger than 20,000 gross

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square feet.

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(2)  A new construction building project in which the

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building to be constructed is more than 10,000 20,000 gross

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square feet and in which building a Commonwealth agency has

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agreed to lease no fewer than 90% of the gross square feet.

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(3)  A renovation that is larger than 20,000 gross square

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feet and at least 90% of the total square footage of the

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building.

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The term does not include a building, regardless of size or

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ownership interest, that does not have conditioned space as

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defined by Standard 90.1 of the American Society of Heating,

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Refrigerating and Air-Conditioning Engineers, referred to as

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ASHRAE 90.1.

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"Renovation project."  A building project involving the

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modification or adaptive reuse of an existing facility.

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Section 4.  Standards.

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(a)  Minimum criteria.--The high-performance building

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standards applicable to this act shall meet the following

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minimum criteria:

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(1)  Be consensus-based, as defined by the Office of

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Management and Budget, Circular No. A-119, dated February 10,

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1998.

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(2) (1)  At a minimum, include performance-based

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categories or credits that will foster achievement of the

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purposes set forth under section 2(2), (3), (4), (6), (7),

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(8), (9) and (10).

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(3) (2)  Require documentation, verifiable calculations

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or the equivalent procedure to substantiate and support any

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claim made relating to paragraph (2).

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(4) (3)  Employ third-party, postconstruction review and

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verification for achievement of certification.

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(5)  Have by an organization that has a track record of

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certified green buildings in the United States and uses a

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consensus-based rating system.

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(b)  Level of performance.--The performance required under

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the adopted high-performance building standards shall be at or

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above the level beyond the minimum level required by the

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selected standards.

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(c)  Achieve Energy Star ratings.--

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(1)  In addition to meeting the performance requirements

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of the adopted high performance building standards, all

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building major facility projects involving buildings owned or

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leased by a Commonwealth agency are required to be designed

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to earn Energy Star certification to achieve an Environmental

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Protection Agency Energy Star rating of 85 75 or above.

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(2)  Paragraph (1) shall apply only to construction major

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facility projects which commence after the effective date of

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this act and involve building types in for which the

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Environmental Protection Agency provides Energy Star ratings.

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Section 5.  Scope.

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All building major facility projects shall meet or exceed the

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prescribed level of achievement under the high-performance

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building standard adopted under section 6.

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Section 6. Regulations.

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The department shall develop and issue regulations for

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complying with this act. The purposes of the regulations shall

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be to:

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(1)  Adopt high-performance building standards selected

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by the department from among accepted industry standards

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meeting the criteria prescribed in section 4(a).

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(2)  Define procedures and methods for verifying

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compliance with the standards, as set forth under sections 4

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and 5, in the design and construction of State-owned or

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State-leased building major facility projects subject to this

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act.

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(3)  Specify the level of achievement to be met under

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section 5.

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Section 7.  Report.

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The department shall prepare and submit annually a report to

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the chairman and the minority chairman of the Environmental

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Resources and Energy Committee of the Senate, the chairman and

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the minority chairman of the Environmental Resources and Energy

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Committee of the House of Representatives, the chairman and

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minority chairman of the State Government Committee of the

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Senate and the chairman and minority chairman of the State

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Government Committee of the House of Representatives. The report

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shall at a minimum include:

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(1)  The number and type of buildings designed and

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constructed utilizing each of the rating systems recognized

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under this act.

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(2)  The levels of certification of each building

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designed, constructed or renovated.

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(3)  Actual or anticipated savings in energy consumption.

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(4) (3)  A description of all potential environmental

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benefits, including, but not limited to, water resources

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savings and the reduction of waste generation.

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(5) (4)  Any conflicts or barriers identified which

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hinder the effective implementation of this act.

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Section 8.  Monitoring and evaluation.

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The department shall develop and implement a process to

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monitor and evaluate the energy and environmental benefits

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associated with each building major facility project designed,

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constructed or renovated under this act. The Commonwealth agency

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occupying the building shall commence monitoring and evaluation

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in accordance with the department-established process one year

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after the completion and occupancy of the building major

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facility project and continue for five years thereafter.

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Section 9.  Applicability.

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This act shall apply as follows:

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(1)  The provisions of this act shall apply to all

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project design contracts initiated on or after the effective

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date of this section major facility projects where design

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commences at least 60 days after the final regulations are

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promulgated by the department under section 6.

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(2)  The provisions of this act shall apply to all

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project construction contracts initiated after one year

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following the effective date of this section.

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Section 10.  Enforcement.

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The department shall not implement or enforce the provisions

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of this act as they apply to building major facility projects

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owned or leased by a Commonwealth agency until the Secretary of

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General Services and the Secretary of the Budget determine there

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is adequate funding available to cover additional costs

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resulting from compliance with the requirements of this act.

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Section 11.  Effective date.

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This act shall take effect in 60 days.

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