1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in grounds and buildings, further
6providing for work to be done under contract let on bids and
7exceptions; in charter schools, further providing for charter
8school requirements; in Thaddeus Stevens College of
9Technology, further providing for contracts for construction,
10repair, renovation or maintenance; in State System of Higher
11Education, further providing for project contracts; and
12making a related repeal.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 751(a.2) of the act of March 10, 1949
16(P.L.30, No.14), known as the Public School Code of 1949, added
17June 30, 2012 (P.L.684, No.82), is amended and the section is
18amended by adding a subsection to read:

19Section 751. Work to be Done Under Contract Let on Bids;
20Exception.--* * *

1(a.2) All construction, reconstruction, repairs, maintenance 
2or work of any nature, including the introduction of plumbing, 
3heating and ventilating, or lighting systems, upon any school 
4building or upon any school property, or upon any building or 
5portion of a building leased under the provisions of section 
6703.1, made by any school district where the entire cost, value 
7or amount of such construction, reconstruction, repairs, 
8maintenance or work, including labor and material, shall exceed 
9a base amount of eighteen thousand five hundred dollars 
10($18,500), subject to adjustment under section 120, shall be 
11done under a contract, which may be a single contract or 
12separate contracts, to be entered into by such school district 
13with the lowest responsible bidder, upon proper terms, after due 
14public notice has been given asking for competitive bids. 
15Whenever a board of school directors shall approve the use of a 
16prefabricated unit, complete in itself, for a school building or 
17other proper structure to be erected upon school property, the 
18board of school directors may have prepared appropriate 
19specifications detailing the size and material desired in a 
20particular prefabricated unit, including all utilities such as 
21plumbing, heating and ventilating, and electrical work, and may 
22advertise for a single bid on all the work and award the 
23contract therefor to the lowest responsible bidder: Provided, 
24That, if due to an emergency a school plant or any part thereof 
25becomes unusable, competitive bids for repairs or replacement 
26may be solicited from at least three responsible bidders, and, 
27upon the approval of any of these bids by the board of school 
28directors, the school district may proceed at once to make the 
29necessary repairs or replacements in accordance with the terms 
30of said approved bid or bids; and Provided further, That the 

1school district shall notify the Secretary of Education in a 
2form and manner determined by the Secretary of Education that an 
3emergency has occurred and a bid has been selected under the 
4emergency process provided for in this section.

5* * *

6(c.1) The act of May 1, 1913 (P.L.155, No.104), referred to
7as the Separations Act, shall not apply to any person, entity,
8contract or activity provided for by this section.

9* * *

10Section 2. Section 1715-A(10) of the act, added June 19,
111997 (P.L.225, No.22), is amended to read:

12Section 1715-A. Charter School Requirements.--Charter
13schools shall be required to comply with the following
14provisions:

15* * *

16(10) Boards of trustees and contractors of charter schools
17shall be subject to the following statutory requirements
18governing construction projects and construction-related work:

19(i) The following provisions of this act:

20(A) Sections 751 and 751.1.

21(B) Sections 756 and 757 insofar as they are consistent with
22the act of December 20, 1967 (P.L.869, No.385), known as the
23"Public Works Contractors' Bond Law of 1967."

24[(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
25entitled "An act regulating the letting of certain contracts for
26the erection, construction, and alteration of public
27buildings."]

28(iii) The act of August 11, 1961 (P.L.987, No.442), known as
29the "Pennsylvania Prevailing Wage Act."

30(iv) The "Public Works Contractors' Bond Law of 1967."

1(v) The act of March 3, 1978 (P.L.6, No.3), known as the
2"Steel Products Procurement Act."

3Boards of trustees and contractors of charter schools are not
4subject to the requirements of the act of May 1, 1913 (P.L.155,
5No.104), referred to as the Separations Act.

6* * *

7Section 3. Section 1913-B.1(e) of the act, added December 9,
82002 (P.L.1472, No.187), is amended to read:

9Section 1913-B.1. Contracts for Construction, Repair,
10Renovation or Maintenance.--* * *

11(e) Nothing in this section shall be construed as amending,
12repealing or otherwise modifying the provisions of [the act of
13May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
14letting of certain contracts for the erection, construction, and
15alteration of public buildings," or] the act of August 15, 1961 
16(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
17Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 
18the Separations Act, shall not apply to any person, entity, 
19contract or activity provided for by this article.

20* * *

21Section 4. Section 2003-A.1(e) of the act, amended July 11,
221990 (P.L.424, No.103), is amended to read:

23Section 2003-A.1. Project Contracts.--* * *

24(e) Nothing in this section shall be construed as amending,
25repealing or otherwise modifying the provisions of [the act of
26May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
27letting of certain contracts for the erection, construction, and
28alteration of public buildings," or] the act of August 15, 1961
29(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
30Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 

1the Separations Act, shall not apply to any person, entity, 
2contract or activity provided for by this article.

3* * *

4Section 5. Repeals are as follows:

5(1) The General Assembly declares that the repeal under
6paragraph (2) is necessary to effectuate the purposes of this
7act.

8(2) The act of May 1, 1913 (P.L.155, No.104), referred
9to as the Separations Act, is repealed insofar as it applies
10to school entities. <-For purposes of this section, "school 
11entity" shall mean a school district, charter school, cyber 
12charter school, regional charter school, area vocational-
13technical school or intermediate unit, the Thaddeus Stevens 
14College of Technology and any State-owned college or 
15university.

16(3) All other acts and parts of acts are repealed
17insofar as they are inconsistent with this act.

18Section 6. This act shall apply to contracts and purchases
19advertised on or after January 1 of the year following the
20effective date of this section.

21Section 7. This act shall take effect in 60 days.