AN ACT

 

<-1Amending the act of August 24, 1963 (P.L.1175, No.497), entitled
2"An act to codify, amend, revise and consolidate the laws
3relating to mechanics' liens," further providing for
4definitions; and providing for State Construction Notices
5Directory and for notice of commencement and furnishing
6requirements.

<-7Amending the act of August 24, 1963 (P.L.1175, No.497), entitled
8"An act to codify, amend, revise and consolidate the laws
9relating to mechanics' liens," further providing for
10definitions; and providing for State Construction Notices
11Directory, for failure to file notice of furnishing, for
12notice of commencement, and notice of furnishing <-and third 
13party notice, for notice of completion <-for informational
14purposes, for notice and for prohibition.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

<-17Section 1. Section 201 of the act of August 24, 1963 
18(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963, is 
19amended by adding paragraphs to read:

20Section 201. Definitions.--The following words, terms and
21phrases when used in this act shall have the meaning ascribed to
22them in this section, except where the context clearly indicates

1a different meaning:

2* * *

3(16) "Department" means the Department of Labor and
4Industry.

5(17) "Directory" means the State Construction Notices
6Directory in section 501.1.

7Section 2. The act is amended by adding sections to read:

8Section 501.1. State Construction Notices Directory.--

9(a) Establishment of Directory. The department shall
10establish an Internet website to be known as the State
11Construction Notices Directory.

12(b) Third-party Administration. The department may contract
13with a third-party vendor to establish and administer the
14Internet website.

15(c) Purpose of Directory. The directory shall serve
16primarily as a standardized Statewide system for filing notices
17as may be required by section 501.2.

18(d) Operational Date. The department shall have the
19directory operational on July 1, 2015. The department may,
20however, establish a later effective date, if it provides
21sufficient reasons for the delay in the implementation of the
22program in a notice to the chairman and minority chairman of the
23Labor and Industry Committee of the Senate and the chairman and
24minority chairman of the Labor and Industry Committee of the
25House of Representatives.

26(e) Public Awareness. When appropriate, the department shall
27publish notice in the Pennsylvania Bulletin advising the public
28of plans for and the existence of the directory. The department
29shall take reasonable measures to inform the general public of
30the directory and its purpose.

1(f) Directory Fees. The department may assess filing fees to
2owners filing Notices of Commencement under section 501.2(a) to
3cover the costs of administration. No fees shall be assessed to
4subcontractors filing Notices of Furnishing under section
5501.2(b). If a contracted third-party vendor is administering
6the website, the assessed fees must be designated in the
7contract. The department shall:

8(1) Consider the fee levels in awarding a contract.

9(2) Ensure the fee levels are as favorable as possible to
10users.

11(g) Publishing of Notices. The directory shall:

12(1) Make public Notices of Commencement filed under section
13501.2(a) in a job site specific format. A unique identifying
14number or code shall be assigned to each Notice of Commencement
15that is filed.

16(2) Provide copies of the filings of Notice of Furnishing
17under section 501.2(b) to an owner who files a notice of
18commencement under section 501.2(a).

19(3) Provide hard copy printing of electronic receipts for
20each Notice of Commencement and Notice of Furnishing filed under
21section 501.2 evidencing the date and time of the individual
22filing and the content of the individual filing.

23(4) List all Notices of Furnishing filed with respect to a
24particular Notice of Commencement, and list any Notice of
25Completion filed to a particular Notice of Commencement.

26(5) Provide a verification process whereby those filing
27required notices in the directory can confirm the proper
28indexing and linkage of their filings.

29(h) Index. The directory must be primarily indexed by
30county, and a Notice of Commencement filed with the directory

1shall be searchable, at minimum, by owner name, contractor name,
2property address, the unique identifying number or code that is
3assigned to it under paragraph (g)(1) and by any other
4identifying features that the department believes are necessary.

5(i) Errors and Omission Insurance. The department shall
6require a third-party vendor to carry errors and omissions
7insurance in amounts determined to be necessary.

8Section 501.2. Notice of Commencement, Notice of Furnishing
9and Informational Notice of Completion Requirements.--

10(a) Notice of Commencement.

11(1) Prior to allowing the commencement of labor or work or
12the furnishing of materials for an improvement on real property
13that may give rise to a mechanics' lien under this act, the
14owner or agent of the owner may file a Notice of Commencement
15with the State Construction Notices Directory; provided that a
16contractor may file a Notice of Commencement for the owner if
17such authority is specifically authorized in the contract
18between the owner and contractor, and the owner assumes
19responsibility for the contractor's actions as its agent for
20filing the Notice of Commencement. The notice must include the
21following:

22(i) Full name, address and e-mail address of the contractor.

23(ii) Full name and location of the project being
24constructed.

25(iii) Legal description of the property upon which the
26improvements are being made.

27(iv) Full name, address and e-mail address of the legal
28record owner of the property.

29(v) Full name, address and e-mail address of the person
30other than the owner at whose direction the improvements are

1being made, if that person is not the true legal record owner of
2the property.

3(vi) If applicable, the full name, address and e-mail
4address of a surety for the performance and payment bonds and
5the bond numbers.

6(vii) The unique identifying number that is assigned to the
7Notice of Commencement pursuant to section 501.1(g)(1).

8(2) The owner, or his agent, shall also conspicuously post a
9copy of the Notice of Commencement at the project site before
10physical work commences upon the property, and the owner shall
11take reasonable measures to ensure that the copy of the Notice
12of Commencement remains posted at the project site for the
13duration of the project. The copy of the Notice of Commencement
14posted under this paragraph shall include the unique identifying
15number or code assigned to such notice under section 501.1(g)
16(1). For the purposes of this paragraph, the term "reasonable
17measures" means the reposting of notice by the owner within 48
18hours after being notified in writing or e-mail that the notice
19is not posted.

20(3) The owner or his agent and contractor shall make
21reasonable effort to ensure that the Notice of Commencement is
22made part of contract documents provided to all contractors
23awarded work on the project.

24(b) Notice of Furnishing. A subcontractor that performs work
25or services or provides material in furtherance of an
26improvement to property shall, if a Notice of Commencement has
27been properly indexed, timely filed, and posted under subsection
28(a), as a condition of retaining lien rights under section 301:

29(1) Substantially comply with the following to file a Notice
30of Furnishing:

1(i) Subject to subparagraph (iv)(A), the subcontractor shall
2file a Notice of Furnishing with the directory within twenty
3(20) days after first performing work or services or first
4providing materials in connection with the improvement of the
5property.

6(ii) The notice must contain, at a minimum, the following:

7(A) A general description of the labor, skill, materials,
8fixtures, machinery or tools furnished.

9(B) Full name and address of the person supplying items in
10clause (A).

11(C) Full name and address of the person that contracted for
12the items in clause (A).

13(D) A description sufficient to identify the property which
14is being improved. The description shall be based on the
15description of such property as described in the Notice of
16Commencement.

17(iii) The notice must be substantially in the following
18form:

19Notice of Furnishing

20(For use in connection with improvements to property other
21than public improvements)

22To:

23(Name of owner)

24

25(Address of owner)

26(Notice of Commencement Number or Code)

27Please take notice that the undersigned is performing

28certain work or labor or furnishing certain materials

29to (Name and address of other
30contracting party) in connection with the improvement to the

1real property located at . The labor, work
2or materials were performed or furnished first, or will be
3furnished first on (date).

4

5(Name and Address of Lien Claimant)

6By

7(Name and capacity of party signing for lien claimant)

8

9(Address of Signing Party)

10

11(Date)

12(iv) Filing of a Notice of Furnishing under this subsection
13preserves the lien rights of a subcontractor in compliance with
14this act as follows:

15(A) For amounts owing for work and services performed and
16materials furnished from the date the work or services were
17first performed or materials were first furnished through the
18date of filing of the notice of furnishing and thereafter.

19(B) A Notice of Furnishing filed outside the time frame
20under subparagraph (i) preserves the right to file a lien which
21is only enforceable for the services or materials furnished
22within the period of twenty (20) days before the date on which
23notice is filed and thereafter.

24(v) If a subcontractor does not substantially comply with
25this subsection, the subcontractor forfeits the right to file a
26lien claim.

27(vi) A subcontractor that files a Notice of Furnishing under
28this subsection shall not be required to serve the owner a
29formal notice of their intent to file a lien as required under
30section 501(b.1) to preserve lien rights.

1(c) Notice of Completion for Informational Purposes.

2(1) Any time after actual completion of work on a real
3property, an owner, or his agent, may file a Notice of
4Completion in the directory to be indexed under original Notice
5of Commencement. The notice shall be transmitted via the
6directory to all subcontractors who have filed Notices of
7Furnishing. For the purposes of this paragraph, the term "actual
8completion of work" shall mean the following:

9(i) The issuance of an occupancy permit to the owner, or his
10agent, and the acceptance by the owner, or his agent, of the
11work accompanied by cessation of all work on the project; or

12(ii) The cessation of all work on the project for thirty
13(30) consecutive days provided that work is not resumed under
14the same contract.

15(2) Subcontractors who have not received full payment for
16their work on the project may file a Notice of Non-Payment with
17the owner, or his agent, in the directory for informational
18purposes. The failure to file a Notice of Completion by a
19subcontractor shall not be construed to affect or limit their
20lien rights under this act.

21(d) Construction. Subsection (b) shall not be interpreted to
22affect the ability of a subcontractor or contractor to waive his
23lien rights under sections 401 and 402 of this act.

24(e) Public Policy.

25(1) It is against public policy and unlawful for an owner or
26owner's agent, a contractor or subcontractor, to request or
27require that a subcontractor not file a Notice of Furnishing as
28required to maintain lien rights, in order that the
29subcontractor may enter into or maintain a contract for work or
30furnishing of materials on an improvement.

1(2) A subcontractor has the right to file a lien for the
2work and services performed and the materials furnished under
3this act, irrespective of compliance with section 501.2(b), if
4the subcontractor proves that the failure to comply with section
5501.2(b) was directly the result of an owner or owner's agent, a
6contractor or subcontractor, violating paragraph (1).

7(3) A subcontractor may bring a civil cause of action if the
8subcontractor proves that failure to comply with section
9501.2(b) was directly the result of an owner or owner's agent,
10or a contractor or subcontractor, violating paragraph (1) in
11order to recover damages for any loss or injury sustained as a
12result of the violation from the person or persons committing
13the violation. A court of competent jurisdiction may award to
14the subcontractor actual damages arising from the violation,
15reasonable attorneys fees and court costs.

16(f) Applicability. This section shall not apply to work or
17labor on a residential property.

18Section 3. The notice provisions of section 501.2 of the act
19shall take effect July 1, 2015, or on the date designated by the
20Department of Labor and Industry as the operational date of the
21State Construction Notices Directory under section 501.1(d). The
22notice provisions of section 501.2 shall only apply to projects
23commenced on or after the operational date of the directory.

24Section 4. This act shall take effect in 30 days.

<-25Section 1. Section 201(3) of the act of August 24, 1963
26(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963,
27amended June 29, 2006 (P.L.210, No.52), is amended and the
28section is amended by adding paragraphs to read:

<-29Section 1. Section 201 of the act of August 24, 1963 
30(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963, is
 

1amended by adding paragraphs to read:

2Section 201. Definitions.--The following words, terms and
3phrases when used in this act shall have the meaning ascribed to
4them in this section, except where the context clearly indicates
5a different meaning:

6* * *

<-7(3) "Owner" means [an owner in fee, a tenant for life or
8years or one having any other estate in or title to property]
9the owner of record of real property that is a searchable
10project. The term shall include the owner's agent.

11* * *

12(15) "Department" means the Department of General Services.

13(16) "Directory" means the State Construction Notices
14Directory in section 501.1.

15(17) "Searchable project" means a <-commercial construction
16project <-consisting of the erection and construction, or
17alteration or repair, of an improvement costing a minimum of one
18million five hundred thousand dollars ($1,500,000).

19(18) <-"Third party" means a person who provides goods or
20services to a subcontractor.

21(19) "Construction notice" means the following notices
22related to a searchable project<-. The term includes a government
23building under section 501.3:

24(i) a Notice of Commencement;

25(ii) a Notice of Furnishing; <-or

26(iii) a Third Party Notice.

<-27(iii) a notice of completion; or

28(iv) a notice of nonpayment.

29(19) "Searchable project owner." The owner of record of 
30real property that is a searchable project. The term shall
 

1include the owner's agent.

2Section 2. The act is amended by adding sections to read:

3Section 501.1. State Construction Notices Directory.--

4(a) Directory. The department shall provide for an Internet
5website to be known as the State Construction Notices Directory
6to serve as a standardized Statewide system for filing
7construction notices.

8(b) Operational Date. The directory shall be operational by
9December 31, 2016. The department may establish a later
10effective date if it provides sufficient reasons for the delay
11in the implementation of the directory in a notice to the
12chairman and minority chairman of the Labor and Industry
13Committee of the Senate and the chairman and minority chairman
14of the Labor and Industry Committee of the House of
15Representatives.

16(c) Notification. No later than 120 days after the
17implementation of the directory, the department shall publish
18notice in the Pennsylvania Bulletin advising the public of
19implementation of the directory and instructions on its use. The
20department shall place the notice and instructions on its
21Internet website and take other reasonable measures to inform
22the general public and the construction industry of the
23directory and its purpose.

24(d) Fees. The following shall apply:

25(1) The department shall establish fees for <-the following:

26(i) Required notices filed by owner.

27(ii) The provision of notification to a third party. <-notices
28filed by the searchable project owner.

29(2) Fees under paragraph (1) may not in the aggregate exceed
30the amount reasonably necessary to implement, operate and

1maintain the <-registry directory.

2(e) Publishing of Notices. The directory shall:

3(1) Make Notices of Commencement filed under section
4501.3(a) available for a searchable project in a job site
5specific format. A unique identifying number shall be assigned
6to each Notice of Commencement that is filed. A notice under
7this paragraph shall be searchable by <-searchable project owner
8name, contractor name, property address and unique identifying
9number.

10(2) Provide copies of the filings of Notice of Furnishing
11under section 501.3(b) to <-an owner or third party a searchable
12project owner who files a notice of commencement under section
13501.3(a).

14(3) Provide certified hard copy printing of electronic
15receipts upon request for a filing under section 501.3 of a
16Notice of Commencement, or Notice of Furnishing <-or Third Party
17Notice. The certified hard copy shall include the date, time and
18content of the individual filing.

19(4) List all Notices of Furnishing and Notices of Completion
20filed with respect to a particular Notice of Commencement.

21(5) Provide a verification process to allow persons filing
22required notices or requests for notices in the directory to
23confirm the proper indexing and linkage of their filings.

24(f) Index. The directory must be primarily indexed by
25county.

26Section 501.2. Failure to File Notice of Furnishing.--A
27contract for a searchable project <-under sections 501.1 and 501.3
28shall include written notice that failure to file a Notice of
29Furnishing under section <-501.3 501.3(b) will result in the loss
30of lien rights. The notice shall be as follows:

1"A subcontractor that fails to file a Notice of Furnishing on
2the Department of General Services publicly accessible
3Internet website as required by the act of August 24, 1963
4(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963,
5may forfeit the right to file a mechanics lien. It is
6unlawful for <-an owner, a searchable project owner, searchable
7project owner's agent, contractor or subcontractor to
8request, suggest, encourage or require that a subcontractor
9not file the required notice as required by the Mechanics'
10Lien Law of 1963."

11Section 501.3. Notice of Commencement<-, and Notice of
12Furnishing <-and Third Party Notice.--

13(a) Notice of Commencement.

14(1) Prior to the commencement of labor, work or the
15furnishing of materials for a searchable project that may give
16rise to a mechanics' lien under this act, the <-searchable project
17owner or agent of the searchable project owner <-shall may file a
18Notice of Commencement with the directory.

19(2) A contractor may act as agent for the <-searchable project
20owner and file a Notice of Commencement for the <-searchable
21project owner of a searchable project if specifically authorized
22by contract and the <-searchable project owner assumes
23responsibility for the contractor's actions.

24(3) The notice must include the following:

25(i) Full name, address and e-mail address of the contractor.

26(ii) Full name and location of the searchable project.

27(iii) The county in which the searchable project is located.

28(iv) The legal description of the property upon which the
<-29searchable projects improvements are being made, including tax
30identification number of each parcel included in the searchable

1project.

2(v) Full name, address and e-mail address of the <-searchable
3project owner of record of the property and the searchable
4project being constructed.

5(vi) If applicable, the full name, address and e-mail
6address of a surety for the performance and payment bonds and
7the bond numbers.

8(vii) The unique identifying number that is assigned to the
9Notice of Commencement pursuant to section 501.1(e)(1).

<-10(viii) For a government project, the government
11identification number.

12(4) The <-searchable project owner shall also conspicuously
13post a copy of the Notice of Commencement at the site of a
14searchable project before physical work commences on the project
15to include the unique identifying number assigned under section
16501.1(e)(1). The <-searchable project owner shall take reasonable
17measures to ensure that the Notice of Commencement remains
18posted at the <-searchable project site until completion of the
19project. For the purposes of this paragraph, the term
20"reasonable measures" means the reposting of notice by the
<-21searchable project owner within 48 hours after becoming aware of
22or being notified verbally, in writing or by e-mail that the
23notice is not posted.

24(5) The <-searchable project owner and the contractor shall
25make reasonable efforts to ensure that the Notice of
26Commencement is made part of contract documents provided to all
27contractors and subcontractors awarded work on the <-searchable
28project.

29(b) Notice of Furnishing. A subcontractor that performs work
30or services or provides material in furtherance of a searchable

1project shall comply with the following, if a Notice of
2Commencement has been <-filed and posted in accordance with
3subsection (a):

4(1) File a Notice of Furnishing with the directory within
5forty-five (45) days after first performing work or services at
6the job site or first providing materials to the job site in
7connection with the searchable project.

8(2) The notice under paragraph (1) must contain the
9following:

10(i) A general description of the labor, skill, or materials<-,
11fixtures, machinery or tools furnished.

12(ii) Full name and address of the person supplying the
13services or items under subparagraph (i).

14(iii) Full name and address of the person that contracted
15for the services or items under subparagraph (i).

16(iv) A description sufficient to identify the searchable
17project, based on the description in the Notice of Commencement.

18(3) The notice under paragraph (1) must be substantially in
19the following form:

20Notice of Furnishing

21To:

22(Name of <-searchable project owner)

23

24(Address of <-searchable project owner)

25(Notice of Commencement Number)

26Please take notice that the undersigned is performing

27certain work or labor or furnishing certain materials

28to (Name and address of other

29contracting party) in connection with the improvement to the

30real property located at . The labor,

1work or materials were performed or furnished first, or will

2be furnished first on (date).

3

4(Name and Address of Lien Claimant)

5By

6(Name and capacity of party signing for lien claimant)

7

8(Address of Signing Party)

9

10(Date)

11(c) <-Third Party Notice. A third party may file a notice of
12interest relating to a searchable project to indicate that the
13third party has provided goods or services for which payment is
14due.

15(d) Construction. A subcontractor that fails to
16substantially comply with this section forfeits the right to
17file a lien claim.

18Section 501.4. Notice of Completion <-for informational
19purposes only.--

20(a) General Rule. Within forty-five (45) days of the actual
21completion of work on a searchable project, <-an a searchable
22project owner <-shall may file a Notice of Completion in the
23directory to be indexed with the original Notice of
24Commencement. The notice shall be transmitted via the directory
25to all subcontractors who have filed Notices of Furnishing <-and
26to the third parties who have registered for the project. For
27the purposes of this paragraph, the term "actual completion of
28work" shall mean the following:

29(1) The issuance of an occupancy permit to the <-searchable
30project owner, or his agent, and the acceptance by the

<-1searchable project owner, or his agent, of the work accompanied
2by cessation of all work on the searchable project; or

3(2) The cessation of all work on the <-searchable project for
4thirty (30) consecutive days provided that work is not resumed
5under the same contract.

6(b) Nonpayment. Subcontractors <-or third parties who have not
7received full payment for their work, or for goods or services,
8on a searchable project may file a Notice of Nonpayment with the
9searchable project owner or the <-searchable project owner's agent
10or the subcontractor in the directory for informational purposes
11only. The failure to file a Notice of <-Completion <-nonpayment by a
12subcontractor shall not be construed to affect or limit their
13lien rights under this act. <-Notice Filing of a notice of
14nonpayment shall not relieve a subcontractor from complying with
15other written notice requirements under this act.

16(c) Court. <-The court shall not use the filing of a Notice of
17Completion to determine the actual completion dates relating to
<-18A notice of completion shall not be considered by a court in
19determining compliance with timing requirements under this act
20or in determining the completion date for a timing purpose,
21including limitation periods or warranty obligations.

<-22(d) Effect.--The filing of a notice of completion is purely
23precatory and is not dispositive of any relationship among the
24parties.

25Section 501.5. Notice.--

26(a) Notification. The <-registry directory shall provide
27notification of a filing of a <-required notice under sections
28501.3 and 501.4 to a person who requests notification of the
29filing of a <-required notice for a searchable project.

30(b) Requests. A person who requests the <-registry directory

1to provide the person with official copies of notification of
2the filing of a <-required notice for a searchable project shall:

3(1) provide an e-mail address, mailing address or telefax
4number to which notification may be sent; and

5(2) be responsible for the accuracy of the e-mail address,
6mailing address or telefax number.

7(c) Requirements. A person shall be considered to have
8requested notification under this section if the person files,
9with respect to the same searchable project that relates to the
10required notice, any of the following:

11(1) <-A Notice of Preconstruction Service.

12(2) A Notice of Commencement.

<-13(3) Notice of the provision of goods or services for which
14payment has not been made.

<-15(2) A notice of furnishing.

<-16(4) A Notice of Construction Loan.

<-17(3) A notice of completion.

18(d) Notification requirements. Notification requirements
19shall be fulfilled by the <-registry directory by sending the
20official notification to the e-mail address, mailing address or
21telefax number that the person provides.

22(e) Official notification. A person filing a Notice of
23Commencement, <-Preliminary Notice, Notice of Furnishing, Notice
24of Completion or related notice must verify the accuracy of
25information entered into the <-registry directory, regardless of
26whether the person files electronically, by alternate means or
27through a third party.

28(f) Information. Each notice or other document submitted to
29the <-registry directory must contain:

30(1) The name of the county in which the searchable project

1property to which the notice or other document applies is
2located.

<-3(2) For a private project:

4(i) the <-(2) The tax identification number of each parcel
5included in the project property<-; or

6(ii) the number of the building permit for the construction

<-7(3) The number of the building permit for the searchable
8project on the project property.

<-9(3) For a government project, the government project
10identification information.

11Section 501.6. Prohibition.--

12(a) Unlawful Acts. It shall be unlawful for <-an a searchable
13project owner or the <-searchable project owner's agent, a
14contractor or subcontractor to suggest, request, encourage or
15require that a subcontractor not file a Notice of Furnishing as
16a condition of entering into, continuing, receiving or
17maintaining a contract for work or furnishing of materials on a
18searchable project. A person that violates this subsection
19commits a misdemeanor of the second degree.

<-20(b) Lien by subcontractor. A subcontractor has the right to
21file a lien for the work and services performed and the
22materials furnished under this act, irrespective of compliance
23with section 501.3(b), if the subcontractor proves that the
24failure to comply with section 501.3(b) was directly the result
25of a searchable project owner, the searchable project owner's
26agent or the contractor violating subsection (a).

<-27(b) (c) Cause of Action. A subcontractor shall have a civil
28cause of action if the subcontractor proves that failure to
29comply with section 501.3(b) was the result of <-an a searchable
30project owner or <-searchable project owner's agent, or a

1contractor or subcontractor, violating <-paragraph (1) subsection
2(a) in order to recover damages for any loss or injury sustained
3as a result of the violation from a person who commits a
4violation. <-The civil cause of action shall only be applied to
5the entity that violates subsection (a). A court of competent
6jurisdiction may award to the subcontractor actual damages
7arising from the violation, reasonable attorneys fees and court
8costs.

9(c) (d) Abuse. A person abuses the <-registry directory if the
10person files a notice in the <-registry directory:

11(1) Without a good faith reason to do so.

12(2) With the intent to exact more payment than is due from
13the <-searchable project owner or other party.

14(3) To obtain an unjustified advantage or benefit.

15(d) (e) Damages. A person who abuses the <-registry directory
16under subsection <-(c) (d) shall be liable for the amount of
17actual damages or $2,000, whichever is greater.

18Section 3. The notice provisions of sections 501.2, 501.3,
19501.4 and 501.5 of the act shall apply to projects commenced on
20or after the operational date of the directory.

21Section 4. The Department of General Services may designate
22the operational date of the State Construction Notices Directory
23under section 501.1(b). If the Department of General Services
24designates an operational date other than December 31, 2016, it
25shall transmit the designation to the Legislative Reference
26Bureau for publication in the Pennsylvania Bulletin.

27Section 5. This act shall take effect as follows:

28(1) Section 4 of this act and this section shall take
29effect immediately.

30(2) The notice provisions of sections 501.2, 501.3,

1501.4 and 501.5 of the act shall take effect December 31,
22016, or on the date of publication of the operational date
3in the Pennsylvania Bulletin under section 4 of this act.

4(3) The remainder of this act shall take effect in 30
5days.