PRINTER'S NO. 2501
No. 1914 Session of 2003
INTRODUCED BY LEACH, FRANKEL, FAIRCHILD, CRUZ, CURRY, FREEMAN,
GERGELY, GOODMAN, HORSEY, JOSEPHS, RUBLEY AND YOUNGBLOOD,
AUGUST 5, 2003
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 5, 2003
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for referendum or
6 public hearing required prior to construction or lease.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 701.1 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 June 27, 1973 (P.L.75, No.34), is amended to read:
12 Section 701.1. Referendum or Public Hearing Required Prior
13 to Construction or Lease.--Except where the approval of the
14 electors is obtained to incur indebtedness to finance the
15 construction of a school project, the board of school directors
16 of any school district of the second, third or fourth classes,
17 shall not construct, enter into a contract to construct or enter
18 into a contract to lease a new school building or substantial
19 addition to an existing school building without the consent of
1 the electors obtained by referendum or without holding a public
2 hearing as hereinafter provided. In the event that a new school
3 building or a substantial addition to an existing building is to
4 be constructed or leased, the school board shall, by a majority
5 vote of all its members, authorize a maximum project cost and a
6 maximum building construction cost to be financed by the
7 district or amortized by lease rentals to be paid by the
8 district. Building construction cost shall consist of the cost
9 of all building construction including general construction
10 costs, plumbing, heating, electrical, ventilating and other
11 structural costs, equipment and fixtures and architectural and
12 engineering fees relating thereto, but not including costs for
13 site acquisition and development, rough grading to receive the
14 building, sewage treatment facilities or equivalent capital
15 contributions, and architectural and engineering fees relating
16 thereto. Building construction cost shall not include the
17 additional cost involved in the building construction of a
18 school that meets the Leadership in Energy and Environmental
19 Design standards as established and published by the United
20 States Green Building Council. In all cases, a public hearing
21 shall be held not later than thirty (30) days before the school
22 district submits the initial building construction cost and
23 operating cost estimates to the Department of Education for
24 approval. Notice of the hearing shall be given not later than
25 twenty (20) days before the date of the scheduled hearing. In
26 the event that the maximum building construction cost
27 authorization exceeds the aggregate building expenditure
28 standard hereinafter specified, the aforesaid authorization of
29 the school board shall be submitted to the electors of the
30 school district for their approval within six (6) months prior
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1 to submission of the final building construction cost bids to
2 the Department of Education for approval. Such referendum shall
3 be held in the same manner as provided by law for the approval
4 of the incurring of indebtedness by referendum. The question as
5 submitted shall specify the maximum project cost, the maximum
6 building construction cost and the annual sinking fund charge or
7 lease rental to be incurred by the school district and the
8 portion of such charge or rental expected to be reimbursed by
9 the Commonwealth. If the final building construction cost bids
10 to be submitted to the Department of Education for approval are
11 less than the aggregate building expenditure standard hereafter
12 specified but exceed by eight (8) per cent or more the initial
13 building construction cost estimates submitted to the Department
14 for approval, a second public hearing shall be held before the
15 Department shall give its final approval.
16 The applicable aggregate building expenditure standard shall
17 be a total amount calculated for each building or substantial
18 addition by multiplying the rated pupil capacity under the
19 approved room schedule by the following: two thousand eight
20 hundred dollars ($2,800) for each pupil of rated elementary
21 capacity; four thousand two hundred dollars ($4,200) for each
22 pupil of rated secondary capacity in grades seven, eight and
23 nine and five thousand two hundred dollars ($5,200) for each
24 pupil of rated secondary capacity in grades ten, eleven and
25 twelve and five thousand two hundred dollars ($5,200) for each
26 pupil of rated vocational-technical capacity in grades ten,
27 eleven and twelve to not include the cost of equipment and
28 fixtures in such vocational-technical schools: Provided,
29 however, That each of the preceding per pupil amounts shall be
30 adjusted by the Department of Education on July 1, 1974; and
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1 annually thereafter by multiplying said amounts by the ratio of
2 the composite construction cost index compiled and published by
3 the United States Department of Commerce for the preceding
4 calendar year to such index for the next preceding calendar
5 year. Rated elementary pupil capacity or rated secondary pupil
6 capacity for any school building shall be the rated pupil
7 capacity determined on the basis of the method used by the
8 Department for school building reimbursement purposes during the
9 school year 1971-1972.
10 For purposes of this section:
11 (1) "Site acquisition" includes the cost of land and mineral
12 rights, demolition and clearing, rights-of-way and related
13 utility relocations, surveys and soils analysis, and the cost of
14 all fees relating thereto.
15 (2) "Site development" includes excavation, grouting or
16 shoring, special foundations for buildings, access roads to
17 site, utilities on site, extension of utilities to site.
18 (3) "Equipment and fixtures" means property fixed or movable
19 which is incidental and necessary to conduct the educational
20 program, and includes, but is not limited to movable equipment
21 such as desks, chairs, tables, portable physical education
22 equipment, audio-visual equipment and science, homemaking,
23 industrial art and business equipment and instructional
24 materials and fixtures such as casework, laboratory equipment,
25 kitchen equipment, auditorium seating and any other special
26 fixtures or equipment required to conduct a particular
27 educational program.
28 (4) "Substantial addition" means more than twenty (20) per
29 centum of the area and replacement value of the structure to
30 which the improvement is to be added.
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1 Section 2. This act shall take effect in 60 days.
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