PRINTER'S NO. 172
No. 125 Session of 2003
INTRODUCED BY HERSHEY, BARD, RUBLEY, MANN, BUNT, BAKER, BALDWIN,
CREIGHTON, CURRY, DALEY, FAIRCHILD, GEORGE, HARPER,
HENNESSEY, HERMAN, HORSEY, LEACH, LEVDANSKY, R. MILLER,
S. MILLER, MUNDY, PAYNE, PICKETT, ROSS, SAYLOR, SCHRODER,
SEMMEL, STURLA, TANGRETTI, THOMAS, WATSON, WRIGHT, YOUNGBLOOD
AND ZUG, FEBRUARY 10, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 10, 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 definitions,
6 for purchases of alternative fuel vehicles and for minimum
7 school building design standards; and making editorial
8 changes.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2501 of the act of March 10, 1949
12 (P.L.30, No.14), known as the Public School Code of 1949, is
13 amended by adding definitions to read:
14 Section 2501. Definitions.--For the purposes of this article
15 the following terms shall have the following meanings:
16 * * *
17 (24) "Dedicated Alternative Fuel Vehicle." A vehicle which
18 runs exclusively on an alternative fuel.
1 (25) "Dual Fuel Vehicle." A vehicle that operates on an
2 alternative fuel and gasoline or an alternative fuel and diesel
3 fuel.
4 (26) "Alternative Fuel." A motor vehicle fuel which, when
5 compared to conventional gasoline or reformulated gasoline, will
6 result in lower emissions of oxides of nitrogen (NOx), volatile
7 organic compounds (VOC), carbon monoxide (CO), particulates or
8 any combination thereof. These include compressed natural gas
9 (CNG), liquefied natural gas (LNG), liquid petroleum propane gas
10 (LPG), alcohols, hydrogen, hythane (H2 and CNG), electricity,
11 coal-derived liquid fuels, fuels derived from biological
12 materials, and other fuels that the Secretary of Energy
13 determines by rule as meeting the requirements of section 301 of
14 the Energy Policy Act of 1992 (Public Law 102-486, 42 U.S.C. §
15 13211(2)).
16 (27) "Leadership in Energy and Environmental Design (LEED)
17 Green Building Rating System." A voluntary, consensus-based,
18 market-driven building rating system established by the United
19 States Green Building Council which is based on accepted energy
20 and environmental principles and existing proven technology and
21 which is designed for rating new and existing commercial,
22 institutional, and high-rise residential buildings.
23 Section 2. Section 2541(a) of the act, amended December 21,
24 1998 (P.L.1194, No.154), is amended and the section is amended
25 by adding subsections to read:
26 Section 2541. Payments on Account of Pupil Transportation.--
27 (a) [School] Except as provided for in subsections (a.1) and
28 (a.2), school districts shall be paid by the Commonwealth for
29 every school year on account of pupil transportation which, and
30 the means and contracts providing for which, have been approved
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1 by the Department of Education, in the cases hereinafter
2 enumerated, an amount to be determined by multiplying the cost
3 of approved reimbursable pupil transportation incurred by the
4 district by the district's aid ratio. In determining the formula
5 for the cost of approved reimbursable transportation, the
6 Secretary of Education may prescribe the methods of determining
7 approved mileages and the utilized passenger capacity of
8 vehicles for reimbursement purposes. For the school year 1998-
9 1999 and each school year thereafter, any school entity which
10 contracts with one or more school entities to provide pupil
11 transportation services shall be reimbursed in accordance with
12 the formula specified by the Department of Education for
13 district-owned vehicles. In addition thereto, the Commonwealth
14 shall pay to each district qualifying a payment for excessive
15 cost of transportation, said amount to be determined by
16 subtracting from the cost of the approved reimbursable
17 transportation the sum of the Commonwealth transportation
18 payment immediately above, plus the product of one-half mill
19 (0.0005) times the latest market value of the district as
20 determined by the State Tax Equalization Board, provided such
21 amount is not negative. In addition thereto, the Commonwealth
22 shall pay to school districts which own their own vehicles, an
23 annual depreciation charge of ten per centum (10%), to be
24 calculated on the basis of the approved cost at which the
25 district acquired the vehicle for which depreciation is claimed.
26 With respect to vehicles purchased prior to January 1, 1956, the
27 number of depreciation payments shall be limited to ten such
28 payments. With respect to vehicles purchased on or after January
29 1, 1956, the annual depreciation charge shall not exceed seven
30 hundred dollars ($700) for such vehicles. The number of annual
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1 depreciation charges shall be limited, so that the total amount
2 of such payments shall not exceed the cost of the vehicle as
3 approved by the Department of Education at the time of the
4 purchase. [In] Except as provided for in subsections (a.1) and
5 (a.2), in no case shall the Commonwealth pay, in depreciation
6 charges, more than ten thousand five hundred dollars ($10,500)
7 for any one vehicle.
8 (a.1) For school districts purchasing and operating
9 dedicated alternative fuel vehicles or school districts
10 contracting for the operation of dedicated alternative fuel
11 vehicles, the amount to be paid by the Commonwealth for every
12 school year on account of pupil transportation which, and the
13 means and contracts providing for which, have been approved by
14 the Department of Education, shall be the total determined by
15 the formula contained in subsection (a) and an additional two
16 per centum (2%). In addition thereto, the Commonwealth shall pay
17 to school districts which own their own vehicles and which
18 replace their own vehicles with dedicated alternative fuel
19 vehicles, an annual depreciation charge of twelve per centum
20 (12%), to be calculated as specified in subsection (a). With
21 respect to vehicles purchased on or after January 1, 1981, the
22 annual depreciation charge shall not exceed one thousand five
23 hundred dollars ($1,500) for such vehicles. The number of annual
24 depreciation charges shall be limited, so that the total amount
25 of such payments shall not exceed the cost of the vehicle as
26 approved by the Department of Education at the time of the
27 purchase. In no case shall the Commonwealth pay, in depreciation
28 charges, more than twenty-five thousand dollars ($25,000) for
29 any one vehicle.
30 (a.2) For school districts purchasing and operating dual
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1 fuel vehicles or school districts contracting for the operation
2 of dual fuel vehicles, the amount to be paid by the Commonwealth
3 for every school year on account of pupil transportation which,
4 and the means and contracts providing for which, have been
5 approved by the Department of Education, shall be the total
6 determined by the formula contained in subsection (a) and up to
7 an additional two per centum (2%) prorated by the percent blend
8 of alternative fuel used in the vehicle. In addition thereto,
9 the Commonwealth shall pay to school districts which own their
10 own vehicles and which replace their own vehicles with dual fuel
11 vehicles, an annual depreciation charge of up to twelve per
12 centum (12%) to be calculated as specified in subsection (a) and
13 prorated by the percent blend of alternative fuel used in the
14 vehicle. The number of annual depreciation charges shall be
15 limited, so that the total amount of such payments shall not
16 exceed the cost of the vehicle as approved by the Department of
17 Education at the time of purchase. In no case shall the
18 Commonwealth pay, in depreciation charges, more than twenty-five
19 thousand dollars ($25,000) for any one vehicle.
20 * * *
21 Section 3. Section 2574(b) and (c) of the act, amended June
22 12, 1968 (P.L.192, No.96) and July 10, 1987 (P.L.286, No.50),
23 are amended to read:
24 Section 2574. Approved Reimbursable Rental for Leases
25 Hereafter Approved and Approved Reimbursable Sinking Fund
26 Charges on Indebtedness.--* * *
27 (b) For new school buildings the approved building
28 construction cost shall be the lesser of
29 (1) The cost of constructing the school buildings including
30 the cost of essential fixtures and equipment but excluding
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1 architect's fees in excess of six per cent (6%) of the contract
2 price, or
3 (2) The product of the rated pupil capacity as determined by
4 the Department of [Public Instruction] Education at the time the
5 project is approved and (i) one thousand one hundred dollars
6 ($1100) in the case of elementary schools, (ii) one thousand
7 seven hundred dollars ($1700) in the case of secondary schools,
8 (iii) an amount in the case of combined elementary-secondary
9 schools obtained by multiplying the rated elementary pupil
10 capacity by one thousand one hundred dollars ($1100) and the
11 rated secondary pupil capacity by one thousand seven hundred
12 dollars ($1700) and dividing the sum by the total rated pupil
13 capacity.
14 (3) The provisions of clause (2) of subsection (b) hereof
15 shall apply to all school building projects for which the
16 general construction contract is awarded prior to July 1, 1966,
17 and for approved school building projects for which a lease was
18 approved by the Department of [Public Instruction] Education
19 prior to July 1, 1966. For school buildings for which the
20 general construction contract is awarded subsequent to July 1,
21 1966 and for approved school building projects for which the
22 general construction contract was awarded but for which a lease
23 was not approved by the Department of [Public Instruction]
24 Education prior to July 1, 1966, the product of the rated pupil
25 capacity as determined by the Department of [Public Instruction]
26 Education at the time the project is approved and (i) two
27 thousand three hundred dollars ($2300) in the case of elementary
28 schools, (ii) three thousand dollars ($3000) in the case of
29 secondary schools, (iii) an amount in the case of combined
30 elementary-secondary schools obtained by multiplying the rated
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1 elementary pupil capacity by two thousand three hundred dollars
2 ($2300) and the rated secondary pupil capacity by three thousand
3 dollars ($3000) and dividing the sum by the total rated pupil
4 capacity.
5 (3.1) For school buildings for which the general
6 construction contract is awarded subsequent to July 1, 1984, and
7 for approved school building projects for which the general
8 construction contract was awarded but for which a lease or
9 general obligation bond resolution was not approved by the
10 Department of Education prior to July 1, 1984, the product of
11 the rated pupil capacity as determined by the Department of
12 Education at the time the project is approved and (i) three
13 thousand nine hundred dollars ($3,900) in the case of elementary
14 schools, (ii) five thousand one hundred dollars ($5,100) in the
15 case of secondary schools, (iii) an amount in the case of
16 combined elementary-secondary schools obtained by multiplying
17 the rated elementary pupil capacity by three thousand nine
18 hundred dollars ($3,900) and the rated secondary pupil capacity
19 by five thousand one hundred dollars ($5,100) and dividing the
20 sum by the total rated pupil capacity.
21 (4) For school buildings adhering to minimum design
22 standards published in the Leadership in Energy and
23 Environmental Design (LEED) Green Building Rating System for
24 which the general construction contract is awarded on or after
25 July 1, 2002, the product of the rated pupil capacity as
26 determined by the Department of Education at the time the
27 project is approved and (i) four thousand seven hundred dollars
28 ($4,700) in the case of elementary schools, (ii) six thousand
29 two hundred dollars ($6,200) in the case of secondary schools,
30 (iii) an amount in the case of combined elementary-secondary
20030H0125B0172 - 7 -
1 schools obtained by multiplying the rated elementary pupil
2 capacity by four thousand seven hundred dollars ($4,700) and the
3 rated secondary pupil capacity by six thousand two hundred
4 dollars ($6,200) and dividing the sum by the total rated pupil
5 capacity. No payment shall be approved until the Department of
6 Education has certified that the minimum design standards of the
7 LEED Green Building Rating System have been achieved to the
8 extent possible as determined by the Secretary of Education.
9 (c) For additions or alterations to existing buildings
10 approved building construction cost shall be the lesser of
11 (1) The cost of constructing the additions or alterations
12 including the cost of essential fixtures and equipment but
13 excluding architect's fees in excess of six per cent (6%) of the
14 contract price, or
15 (2) The difference obtained by subtracting the appraisal
16 value of the existing building from the product of rated pupil
17 capacity of the altered or expanded building as determined by
18 the Department of [Public Instruction] Education at the time the
19 project is approved and (i) one thousand one hundred dollars
20 ($1100) in the case of elementary schools, (ii) one thousand
21 seven hundred dollars ($1700) in the case of secondary schools,
22 (iii) an amount in the case of combined elementary-secondary
23 schools obtained by multiplying the rated elementary pupil
24 capacity of the altered or expanded building by one thousand one
25 hundred dollars ($1100) and the rated secondary pupil capacity
26 of the altered or expanded building by one thousand seven
27 hundred dollars ($1700) and dividing the sum by the total rated
28 pupil capacity of the altered or expanded building.
29 Appraisal value shall be the valuation made immediately
30 before the additions or alterations are begun by three competent
20030H0125B0172 - 8 -
1 appraisers, one appointed by the school authorities, one by the
2 Superintendent of [Public Instruction] Education, and the third
3 by the other two.
4 (3) The provisions of clause (2) of subsection (c) hereof
5 shall apply to all school building projects for which the
6 general construction contract is awarded prior to July 1, 1966
7 and for approved school building projects for which a lease was
8 approved by the Department of [Public Instruction] Education
9 prior to July 1, 1966. For school buildings for which the
10 general construction contract is awarded subsequent to July 1,
11 1966 and for approved school building projects for which the
12 general construction contract was awarded but for which a lease
13 was not approved by the Department of [Public Instruction]
14 Education prior to July 1, 1966, the difference obtained by
15 subtracting the appraisal value of the existing building from
16 the product of rated pupil capacity of the altered or expanded
17 building as determined by the Department of [Public Instruction]
18 Education at the time the project is approved and (i) two
19 thousand three hundred dollars ($2300) in the case of elementary
20 schools, (ii) three thousand dollars ($3000) in the case of
21 secondary schools, (iii) an amount in the case of combined
22 elementary-secondary schools obtained by multiplying the rated
23 elementary pupil capacity of the altered or expanded building by
24 two thousand three hundred dollars ($2300) and the rated
25 secondary pupil capacity of the altered or expanded building by
26 three thousand dollars ($3000) and dividing the sum by the total
27 rated pupil capacity of the altered or expanded building.
28 Appraisal value shall be the valuation made immediately
29 before the additions or alterations are begun by three competent
30 appraisers, one appointed by the school authorities, one by the
20030H0125B0172 - 9 -
1 Superintendent of [Public Instruction] Education, and the third
2 by the other two.
3 (3.1) For school buildings for which the general
4 construction contract is awarded subsequent to July 1, 1984, and
5 for approved school building projects for which the general
6 construction contract was awarded but for which a lease or
7 general obligation bond resolution was not approved by the
8 Department of Education prior to July 1, 1984, the difference
9 obtained by subtracting the appraisal value of the existing
10 building from the product of the rated pupil capacity of the
11 altered or expanded building as determined by the Department of
12 Education at the time the project is approved and (i) three
13 thousand nine hundred dollars ($3,900) in the case of elementary
14 schools, (ii) five thousand one hundred dollars ($5,100) in the
15 case of secondary schools, (iii) an amount in the case of
16 combined elementary-secondary schools obtained by multiplying
17 the rated elementary pupil capacity by three thousand nine
18 hundred dollars ($3,900) and the rated secondary pupil capacity
19 by five thousand one hundred dollars ($5,100) and dividing the
20 sum by the total rated pupil capacity of the altered or expanded
21 building.
22 (4) For school buildings adhering to minimum design
23 standards of the Leadership in Energy and Environmental Design
24 (LEED) Green Building Rating system for which the general
25 construction contract is awarded on or after July 1, 2002, the
26 difference obtained by subtracting the appraisal value of the
27 existing building from the product of the rated pupil capacity
28 of the altered or expanded building as determined by the
29 Department of Education at the time the project is approved and
30 (i) four thousand seven hundred dollars ($4,700) in the case of
20030H0125B0172 - 10 -
1 elementary schools, (ii) six thousand two hundred dollars
2 ($6,200) in the case of secondary schools, (iii) an amount in
3 the case of combined elementary-secondary schools obtained by
4 multiplying the rated elementary pupil capacity by four thousand
5 seven hundred dollars ($4,700) and the rated secondary pupil
6 capacity by six thousand two hundred dollars ($6,200) and
7 dividing the sum by the total rated pupil capacity of the
8 altered or expanded building. No payment shall be approved until
9 the Department of Education has certified that the minimum
10 design standards of the LEED Green Building Rating System have
11 been achieved to the extent possible as determined by the
12 Secretary of Education.
13 * * *
14 Section 4. This act shall take effect in 60 days.
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