H2124B3481A07017 MSP:AJC 05/08/14 #90 A07017







Printer's No. 3481


1Amend Bill, page 1, line 10, by inserting after "projects;"

2 providing for interest on delayed reimbursement; establishing 
3Building Blocks PA and the Public School Facilities Financing 
4Commission; providing for powers and duties of the 

6Amend Bill, page 6, line 2, by striking out "five (5)" and 

8 twenty (20)

9Amend Bill, page 8, lines 26 and 27, by striking out ", flood 
10or an extraordinary and unanticipated increase in student 
11enrollment" and inserting

12 or flood

13Amend Bill, page 9, line 25, by striking out "initial"

14Amend Bill, page 9, line 30, by striking out "initial"

15Amend Bill, page 10, line 11, by striking out "732.1(b)" and 

17 732.1

18Amend Bill, page 10, lines 12 and 13, by striking out "and 
19the section is amended by adding a subsection to read"

20Amend Bill, page 10, line 15, by striking out "* * *" and 

22 (a) For the 2012-2013 fiscal year [and the 2013-2014 fiscal 
23year], the Department of Education shall not accept or approve 
24new school building construction or reconstruction project 
25applications. Completed school building construction or 
26reconstruction project applications received by the Department

1of Education by October 1, 2012, are not subject to this 

3Amend Bill, page 11, by inserting between lines 20 and 21

4Section 4. The act is amended by adding a section to read:

5Section 732.2. Interest on Delayed Reimbursement.--(a) Each
6school district which has satisfactorily met all construction or
7reconstruction reimbursement requirements established by this
8act, Title 22 of the Pennsylvania Code and the Department of
9Education and which has submitted all appropriate documentation
10to the Department of Education necessary to receive approval for
11reimbursement for a school construction or reconstruction
12project and which has not been approved for reimbursement after
13a period of one (1) year following the last date of submission
14of required documentation, shall be eligible to receive interest
15on the delayed reimbursement.

16(b) The interest on delayed reimbursement shall be an amount
17equal to the prime rate of interest, as listed in the first
18edition of the Wall Street Journal published in the year,
19multiplied by the total amount of construction or reconstruction
20reimbursement for which the school district is eligible under
21Article XXV of this act but has not received, calculated for
22each year in which the school district does not receive

24(c) Interest payments on delayed reimbursement shall be
25included in those payments made to a school district for
26Commonwealth reimbursement of a construction or reconstruction
27project when such payments commence.

28Section 5.  The act is amended by adding an article to read:



31Section 701-A. Definitions.

32The following words and phrases when used in this article
33shall have the meanings given to them in this section unless the
34context clearly indicates otherwise:

35"Building Blocks PA." The program through which the
36department approves and provides for Commonwealth reimbursement
37of school construction projects, formerly known as PlanCon.

38"Commission." The Public School Facilities Financing
39Commission established by this article.

40"Department." The Department of Education of the

42"PlanCon." The department's Planning and Construction

44Section 702-A. Establishment.

45A program to be known as Building Blocks PA is established in
46the department.

47Section 703-A. Powers and duties of the department.

48The department shall have the following powers and duties
49with regard to Building Blocks PA:

1(1) To set educational and construction standards
2applicable to a building project to determine whether the
3project is eligible for reimbursement.

4(2) To limit the frequency of an application for school
5construction reimbursement based on the amount of time since
6a building was constructed or the time since the bid opening
7date of the previous reimbursable project, provided that a
8school building construction or reconstruction project
9application for any of the following purposes shall not be
10subject to frequency limitations:

11(i) A technological improvement project.

12(ii) A school health and safety improvement project.

13(iii) An emergency repair as a result of storm-
14related damage or other damage related to an act of God.

15(iv) An energy efficiency improvement project.

16(v) A project to attain certification under the
17United States Green Building Council's Leadership in
18Energy and Environmental Design Green Building Rating
19System or the Green Building Initiative's Green Globes
20Green Building Rating System.

21(3) To consider requests for variances from any
22frequency or valuation limitations to allow for the
23reimbursement of alteration or renovation costs for a
24building or project.

25Section 704-A. Wages.

26A new school building construction or reconstruction project
27approved by the department for reimbursement under this article
28shall comply with the provisions of the act of August 15, 1961
29(P.L.987, No.442), known as the Pennsylvania Prevailing Wage

31Section 705-A. Applications.

32For the 2014-2015 fiscal year and thereafter, a new school
33building construction or reconstruction project application
34shall include documentation that each contractor or firm
35performing work participates in an active apprenticeship program
36which is currently registered with and approved by the United
37States Department of Labor or the Pennsylvania Apprenticeship
38and Training Council for each separate trade or classification
39for which it is performing work on that project and which has an
40apprentice currently registered or graduated within the previous
4112 months.

42Section 706-A. Financing.

43School construction reimbursements shall be calculated and
44distributed under Article XXV. The total amount of
45reimbursements awarded shall be limited to funds appropriated
46for this purpose. Applications for reimbursement shall be filed
47in accordance with procedures developed by the department.

48Section 707-A. Public School Facilities Financing Commission.

49(a) Establishment.--The Public School Facilities Financing 
50Commission is established and shall review and make 
51recommendations related to public school facilities' financing

1as provided in this section.

2(b)  Membership.--

3(1)  The commission shall consist of the following 

5(i)  The chair and minority chair of the Education
6Committee of the Senate and the chair and minority chair
7of the Education Committee of the House of
8Representatives, or their designees.

9(ii)  Two legislators from each of the four
10legislative caucuses, to be appointed by the President
11pro tempore of the Senate and the Speaker of the House of
12Representatives, in consultation with the Majority and
13Minority Leaders of the Senate and the Majority and
14Minority Leaders of the House of Representatives.

15(iii)  The Secretary of Education, or a designee.

16(iv)  The Executive Director of the State Public
17School Building Authority, or a designee.

18(v)  The State Treasurer, or a designee.

19(2)  The commission shall appoint a member to serve as
20chair of the commission.

21(c)  Meetings.--

22(1) The commission shall hold its first meeting within
2330 days of the effective date of this section, regardless of
24whether the Governor or all legislative caucuses have
25actually approved members to the commission.

26(2)  The commission shall hold meetings at the call of
27the chair.

28(3) All meetings and public hearings of the commission
29shall be deemed public meetings for the purpose of 65 Pa.C.S.
30Ch. 7 (relating to open meetings).

31(4) A majority of the members of the commission shall
32constitute a quorum. If fewer than a majority are present at
33any meeting, no business shall be transacted at the meeting.

34(d) Reimbursement of expenses.--The members may not receive
35compensation for their services, but shall be reimbursed for all
36necessary travel and other reasonable expenses incurred in
37connection with the performance of their duties as members of
38the commission.

39(e) Administration.--The General Assembly shall provide 
40administrative support, meeting space and any other assistance 
41required by the commission to carry out its duties under this 
42section in cooperation with the department. The department shall 
43provide the commission with data, research and other information 
44upon request by the commission.

45(f) Powers and duties.--The commission shall have the
46following powers and duties:

47(1)  Consult with and utilize experts to assist in
48carrying out the duties under this subsection.

49(2)  Hold public hearings in different regions of this

51(3)  Review and make findings and recommendations related

1to funding public school facilities in this Commonwealth, to
2include all of the following:

3(i)  Analysis of the preliminary study under section

5(ii)  The impact of and financing considerations
6relating to green building, energy efficiency, school
7safety and technological improvement projects.

8(iii)  Historical trends in funding public school
9facilities in this Commonwealth.

10(iv)  The capacity of Building Blocks PA to meet
11existing capital needs.

12(v)  The ability of Building Blocks PA to meet
13anticipated future capital needs.

14(vi)  Other financial vehicles to meet current and
15future capital needs, including, but not limited to,

17(vii)  The role of the State Public School Building
18Authority and Pennsylvania Higher Educational Facilities
19Authority in funding school facilities to include
20recommendations relating to restructuring or expanding
21the duties of these entities.

22(4)  Review and consider methods used in other states to
23finance public school facilities.

24(5)  Issue a report of its findings and recommendations
25to the Governor, the President pro tempore of the Senate, the
26Majority Leader and Minority Leader of the Senate, the
27Education Committee of the Senate, the Speaker of the House
28of Representatives, the Majority Leader and Minority Leader
29of the House of Representatives, the Education Committee of
30the House of Representatives, the Secretary of Education and
31the State Public School Building Authority within 120 days of
32the first meeting or September 30, 2014, whichever is later.

33(g) Continuation of commission.--Every ten years the
34commission shall be reconstituted in accordance with subsection
35(c), shall meet and hold public hearings to review the
36provisions of this section and shall issue a report to the
37recipients listed in subsection (f)(5).

38Section 708-A. Regulations.

39The Secretary of Education shall propose regulations for
40promulgation by the State Board of Education to implement the
41provisions of this article.

42Amend Bill, page 12, line 15, by striking out "4" and 

44 6

45Amend Bill, page 12, lines 25 through 29, by striking out all
46of said lines and inserting

47Section 7. Section 2574(b.1), (c.4) and (c.6) of the act,

1amended or added July 13, 2005 (P.L.226, No.46) and July 11,
22006 (P.L.1092, No.114), are repealed:

3Amend Bill, page 13, lines 3 through 30; page 14, lines 1
4through 30; page 15, lines 1 through 27, by striking out all of
5said lines on said pages

6Amend Bill, page 16, lines 17 through 30; pages 17 through
719, lines 1 through 30; page 20, lines 1 through 7, by striking
8out all of said lines on said pages

9Amend Bill, page 21, lines 19 through 23, by striking out all
10of said lines

11Amend Bill, page 21, lines 26 through 28, by striking out all
12of said lines and inserting

13Section 8. Section 2575(a) of the act, amended July 12, 1968
14(P.L.192, No.96), is amended to read:

15Amend Bill, page 22, line 1, by striking out "(1)"

16Amend Bill, page 22, lines 16 through 30; page 23, lines 1
17through 7, by striking out all of said lines on said pages

18Amend Bill, page 23, line 9, by striking out "7" and 

20 9

21Amend Bill, page 23, line 12, by striking out "(1)"

22Amend Bill, page 23, line 17, by inserting a bracket before 

24Amend Bill, page 23, line 18, by inserting a bracket after 

26Amend Bill, page 23, line 18, by inserting a bracket before 

28Amend Bill, page 23, line 18, by inserting a bracket after


2Amend Bill, page 23, lines 20 through 30; page 24, lines 1
3through 6, by striking out all of said lines on said pages

4Amend Bill, page 24, line 7, by striking out "(1)"

5Amend Bill, page 24, line 11, by inserting a bracket before 

7Amend Bill, page 24, line 12, by inserting a bracket after 

9Amend Bill, page 24, line 13, by inserting a bracket before 

11Amend Bill, page 24, line 13, by inserting a bracket after 

13Amend Bill, page 24, lines 15 through 30, by striking out all
14of said lines

15Amend Bill, page 25, line 5, by striking out "8" and 

17 10

18Amend Bill, page 25, line 7, by striking out "at any time,"

19Amend Bill, page 25, line 11, by inserting after "project"

20 that has received all required approvals from the department
21for Commonwealth reimbursement

22Amend Bill, page 25, line 14, by striking out "no greater 
23than" and inserting

24 equal to

25Amend Bill, page 25, lines 20 through 30; page 26, lines 1
26through 9, by striking out all of said lines on said pages

27Amend Bill, page 26, line 10, by striking out "(e)" and


2 (b)

3Amend Bill, page 26, line 22, by striking out all of said
4line and inserting

5Section 11. For the 2014-2015 fiscal year the General
6Assembly shall appropriate not less than $396,198,000 to the
7Authority Rentals and Sinking Fund Requirements line item in the
8General Appropriation Act.

9Section 12. This act shall take effect as follows:

10(1) The addition of section 731.2(d), (e), (f) and (g)
11of the act shall take effect July 1, 2015.

12(2) The remainder of this act shall take effect


See A07017 in
the context
of HB2124