PRINTER'S NO. 1008
No. 937 Session of 1981
INTRODUCED BY SWEET, ITKIN AND DeMEDIO, MARCH 17, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 1981
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," requiring certain public
21 buildings to use a coal fired heating system or be heated by
22 a form of energy substantially produced by the use of coal;
23 establishing a State Board on Public Heating; prohibiting
24 certain conversions; granting certain powers and duties.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
28 as "The Administrative Code of 1929," is amended by adding
1 sections to read:
2 Section 2418. Mandatory Heating Systems; Conversion
3 Prohibited.--All publicly owned buildings constructed after the
4 effective date of this act shall use a coal fired heating system
5 or be heated by a form of energy substantially produced by the
6 use of coal unless a waiver is granted by the State Board on
7 Public Heating, and any conversion of said buildings from a coal
8 fired heating system or heating system using a form of energy
9 substantially produced by the use of coal to another system
10 shall be prohibited unless a waiver is granted by the State
11 Board on Public Heating. For purposes of this act, "publicly
12 owned building" means all buildings owned by the Commonwealth of
13 Pennsylvania, or any agency or authority of the Commonwealth:
14 Provided, however, That the provisions of this act shall not
15 apply to any type of resident housing constructed in whole or in
16 part with Commonwealth or political subdivision funds or through
17 any loans granted or guaranteed by the Commonwealth, political
18 subdivision or agency thereof: And, provided further, That this
19 definition shall not include any building financed in whole or
20 in part with Federal funds.
21 Section 2419. Conversion of Existing Heating Systems
22 Prohibited.--Any building in compliance with the provisions of
23 section 1 prior to its effective date shall not be converted
24 from a coal fired heating system or heating system using a form
25 of energy substantially produced by the use of coal to another
26 system unless a waiver is granted by the State Board on Public
27 Heating.
28 Section 2420. Creation of Board; Powers and Duties.--(a)
29 There is hereby created a State Board on Public Heating which
30 shall consist of the Secretary of Environmental Resources, the
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1 Secretary of Commerce and the Secretary of Labor and Industry.
2 (b) Said board may grant a waiver in certain instances if it
3 finds that the imposition of a heating system otherwise required
4 by this act is not possible because of environmental protection
5 restrictions which prohibit the use of coal fired heating
6 systems in such buildings or which prohibit the use of coal by
7 producers of such otherwise allowable forms of heating energy
8 for such buildings, or is not reasonable on account of economic
9 hardship in the construction or operation of such buildings. The
10 board shall grant an automatic waiver of the provisions of this
11 act for any publicly owned building proposed to be constructed
12 which will use a heating system generated by the use of solar or
13 hydro-electric energy or any other non-fossil fuel burning
14 system which is less expensive to install and operate than a
15 coal burning system.
16 (c) The Secretary of the Departments of Environmental
17 Resources, Commerce or Labor and Industry may appoint a designee
18 to sit on the board in his stead.
19 (d) The board shall not have the power to hire any
20 independent staff. Any staff necessary for the operation of the
21 board shall be obtained from existing staff resources shared
22 equally by the Departments of Environmental Resources, Commerce
23 and Labor and Industry.
24 Section 2421. Survey.--The Department of General Services is
25 hereby directed to undertake a survey to determine the economic
26 feasibility of installing a heating system generated by the use
27 of coal, solar energy or any non-fossil fuel source in publicly
28 owned buildings constructed prior to the effective date of this
29 act. This survey shall be commenced at the start of the next
30 fiscal year and shall be concluded by the end of such fiscal
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1 year. Copies of the completed study shall be submitted to the
2 Governor, Speaker of the House of Representatives and President
3 pro tempore of the Senate.
4 Section 2. This act shall take effect immediately but shall
5 not apply to any contract awarded pursuant to an invitation for
6 bid issued on or before the effective date of this act and shall
7 expire on a date three years thereafter unless the General
8 Assembly extends its existence at least two months prior to such
9 date.
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