HOUSE AMENDED
PRIOR PRINTER'S NOS. 890, 923, 1153, PRINTER'S NO. 1311
1244
No. 798 Session of 2007
INTRODUCED BY ARMSTRONG, APRIL 24, 2007
AS AMENDED, COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, JULY 14, 2007
AN ACT
1 Providing for the capital budget for the fiscal year 2007-2008; <--
2 ITEMIZING PUBLIC IMPROVEMENT PROJECTS AND FURNITURE AND
3 EQUIPMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED OR ASSISTED
4 BY THE DEPARTMENT OF GENERAL SERVICES, TOGETHER WITH THEIR
5 ESTIMATED FINANCIAL COSTS; AUTHORIZING THE INCURRING OF DEBT
6 WITHOUT THE APPROVAL OF THE ELECTORS FOR THE PURPOSE OF
7 FINANCING THE PROJECTS TO BE CONSTRUCTED, ACQUIRED OR
8 ASSISTED BY THE DEPARTMENT OF GENERAL SERVICES; STATING THE
9 ESTIMATED USEFUL LIFE OF THE PROJECTS; PROVIDING FOR SPECIAL
10 PROVISIONS FOR CERTAIN PROJECTS; AND MAKING APPROPRIATIONS.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title and construction.
14 (a) Short title.--This act shall be known and may be cited
15 as the Capital Budget AUTHORIZATION AND PUBLIC IMPROVEMENT <--
16 PROJECT ITEMIZATION Act of 2007-2008.
17 (b) Supplements.--A reference to this act shall be deemed to
18 include a reference to the supplements to this act.
19 (c) Capital Facilities Debt Enabling Act.--The provisions
20 and definitions of Chapter 3 of the act of February 9, 1999
1 (P.L.1, No.1), known as The THE Capital Facilities Debt Enabling <--
2 Act, shall apply to this act to the extent they are not
3 inconsistent with this act.
4 Section 2. Overall limitations on debt to be incurred for
5 capital projects.
6 The maximum principal amount of additional debt to be
7 incurred during the 2007-2008 fiscal year, AND THEREAFTER UNTIL <--
8 THE ENACTMENT OF THE 2008-2009 CAPITAL BUDGET SPECIFYING THE
9 MAXIMUM DEBT FOR THE 2008-2009 FISCAL YEAR, for capital projects
10 specifically itemized in a capital budget pursuant to section
11 7(a)(4) of Article VIII of the Constitution of Pennsylvania, and
12 the fund to be charged with the repayment of such debt, shall,
13 with respect to each category of capital projects, be as
14 follows:
15 Category Amount Fund
16 (1) Public Improvement
17 Projects:
18 (i) Buildings and General Fund or
19 Structures $320,000,000 Special Fund as
20 applicable
21 (2) Furniture and General Fund or
22 Equipment 25,000,000 Special Fund as
23 applicable
24 (3) Transportation
25 Assistance Projects 150,000,000 General Fund
26 (4) Redevelopment
27 Assistance Projects 250,000,000 General Fund
28 (5) Flood Control
29 Projects 7,000,000 General Fund
30 Total $752,000,000
20070S0798B1311 - 2 -
1 Section 3. Payment of settlement or awards of claims.
2 Notwithstanding the provisions of 62 Pa.C.S. § 1726 (relating
3 to payment of awards and costs), for fiscal year 2007-2008 the
4 settlement or award of claims arising from construction
5 contracts for public improvement projects may be paid by the
6 Department of General Services from available funds in accounts
7 within the Capital Facilities Fund that include funds no longer
8 required for the design, acquisition or construction of any
9 approved capital project.
10 SECTION 4. TOTAL AUTHORIZATIONS. <--
11 (A) PUBLIC IMPROVEMENTS.--THE TOTAL AUTHORIZATION FOR THE
12 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
13 IMPROVEMENT PROJECTS ITEMIZED IN SECTION 5 AND TO BE ACQUIRED OR
14 CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
15 SUCCESSORS OR ASSIGNS AND TO BE FINANCED BY THE INCURRING OF
16 DEBT SHALL BE $681,500,000 $881,500,000. <--
17 (B) FURNITURE AND EQUIPMENT.--THE TOTAL AUTHORIZATION FOR
18 THE ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
19 IMPROVEMENT PROJECTS CONSISTING OF THE ACQUISITION OF ORIGINAL
20 MOVABLE FURNITURE AND EQUIPMENT TO COMPLETE PUBLIC IMPROVEMENT
21 PROJECTS ITEMIZED IN SECTION 6 AND TO BE ACQUIRED BY THE
22 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS AND TO
23 BE FINANCED BY THE INCURRING OF DEBT SHALL BE $19,500,000 <--
24 $26,000,000. <--
25 (C) GENERAL FUND CURRENT REVENUE PROJECTS.--THE TOTAL
26 AUTHORIZATION FOR THE CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
27 IMPROVEMENT PROJECTS ITEMIZED IN SECTION 7 AND TO BE DEVELOPED
28 OR CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
29 SUCCESSORS OR ASSIGNS AND TO BE FINANCED FROM CURRENT REVENUES
30 IN THE GENERAL FUND SHALL BE $25,500,000.
20070S0798B1311 - 3 -
1 SECTION 5. ITEMIZATION OF PUBLIC IMPROVEMENT CAPITAL PROJECTS.
2 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
3 IMPROVEMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
4 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS, AND
5 TO BE FINANCED BY THE INCURRING OF DEBT, ARE HEREBY ITEMIZED,
6 TOGETHER WITH THEIR RESPECTIVE ESTIMATED FINANCIAL COSTS, AS
7 FOLLOWS:
8 TOTAL
9 PROJECT
10 PROJECT ALLOCATION
11 (1) DEPARTMENT OF CORRECTIONS
12 (I) STATE CORRECTIONAL INSTITUTION AT
13 CAMBRIDGE SPRINGS
14 (A) CONSTRUCT A NEW 128-CELL L-3 CLOSE
15 SECURITY HOUSING UNIT WITH 230-BED
16 CAPACITY WITH INFRASTRUCTURE AND
17 KITCHEN UPGRADES 16,800,000
18 (BASE PROJECT ALLOCATION - $13,500,000)
19 (DESIGN AND CONTINGENCIES - $3,300,000)
20 (II) STATE CORRECTIONAL INSTITUTION AT COAL
21 TOWNSHIP
22 (A) CONSTRUCT A NEW 128-CELL L-3 CLOSE
23 SECURITY HOUSING UNIT WITH 230-BED
24 CAPACITY WITH INFRASTRUCTURE UPGRADE 14,500,000
25 (BASE PROJECT ALLOCATION - $11,600,000)
26 (DESIGN AND CONTINGENCIES - $2,900,000)
27 (III) STATE CORRECTIONAL INSTITUTION AT FOREST
28 (A) CONSTRUCT A NEW 128-CELL L-5 CLOSE
29 SECURITY HOUSING UNIT WITH
30 INFRASTRUCTURE UPGRADE 16,500,000
20070S0798B1311 - 4 -
1 (BASE PROJECT ALLOCATION - $13,200,000)
2 (DESIGN AND CONTINGENCIES - $3,300,000)
3 (IV) STATE CORRECTIONAL INSTITUTION AT
4 GRATERFORD
5 (A) CONSTRUCT A NEW 2,300-BED L-3 MEDIUM
6 SECURITY PRISON ON THE GROUNDS OF SCI
7 GRATERFORD INCLUDING INFRASTRUCTURE AND
8 ROAD WORK TO INCORPORATE THE TWO
9 FACILITIES AT THIS SITE 200,000,000
10 (BASE PROJECT ALLOCATION -
11 $160,000,000)
12 (DESIGN AND CONTINGENCIES -
13 $40,000,000)
14 (V) STATE CORRECTIONAL INSTITUTION AT
15 HUNTINGDON
16 (A) CONSTRUCT A NEW 2,000-BED L-3 MEDIUM
17 SECURITY PRISON ON THE GROUNDS OF SCI
18 HUNTINGDON INCLUDING INFRASTRUCTURE AND
19 ROAD WORK TO INCORPORATE THE TWO
20 FACILITIES AT THIS SITE 200,000,000
21 (BASE PROJECT ALLOCATION -
22 $160,000,000)
23 (DESIGN AND CONTINGENCIES -
24 $40,000,000)
25 (VI) STATE CORRECTIONAL INSTITUTION AT LAUREL
26 HIGHLANDS
27 (A) ADDITIONAL FUNDS FOR DGS PROJECT 376-
28 5, CONSTRUCT A NEW 230-BED CAPACITY
29 FACILITY AND UPGRADE INFRASTRUCTURE AND
30 SECURITY 1,500,000
20070S0798B1311 - 5 -
1 (BASE PROJECT ALLOCATION - $1,200,000)
2 (DESIGN AND CONTINGENCIES - $300,000)
3 (VII) STATE REGIONAL CORRECTIONAL FACILITY AT
4 MERCER
5 (A) ADDITIONAL FUNDS FOR DGS PROJECT 1572-
6 10, CONSTRUCT A NEW 230-BED CAPACITY
7 FACILITY AND UPGRADE INFRASTRUCTURE AND
8 SECURITY 4,000,000
9 (BASE PROJECT ALLOCATION - $3,200,000)
10 (DESIGN AND CONTINGENCIES - $800,000)
11 (VIII) STATE CORRECTIONAL INSTITUTION AT MUNCY
12 (A) ADDITIONAL FUNDS FOR DGS PROJECT 574-
13 26, ADDITION OF TWO NEW CELL BLOCKS FOR
14 CLOSE SECURITY, EXPANSION OF INFIRMARY,
15 OUTSIDE WAREHOUSE, ELECTRICAL AND
16 BOILER UPGRADES, INCLUDING FUNDS FOR
17 UTILITY UPGRADES AND KITCHEN AND DINING
18 ROOM EXPANSION 7,200,000
19 (BASE PROJECT ALLOCATION - $5,800,000)
20 (DESIGN AND CONTINGENCIES - $1,400,000)
21 (IX) STATE CORRECTIONAL INSTITUTION AT PINE
22 GROVE
23 (A) CONSTRUCT A NEW 128-CELL L-3 CLOSE
24 SECURITY HOUSING UNIT WITH 230-BED
25 CAPACITY WITH INFRASTRUCTURE UPGRADE 14,500,000
26 (BASE PROJECT ALLOCATION - $11,600,000)
27 (DESIGN AND CONTINGENCIES - $2,900,000)
28 (X) STATE CORRECTIONAL INSTITUTION AT ROCKVIEW
29 (A) CONSTRUCT A NEW 2,000-BED L-3 MEDIUM
30 SECURITY PRISON ON THE GROUNDS OF SCI
20070S0798B1311 - 6 -
1 ROCKVIEW INCLUDING INFRASTRUCTURE AND
2 ROAD WORK TO INCORPORATE THE TWO
3 FACILITIES AT THIS SITE 200,000,000
4 (BASE PROJECT ALLOCATION -
5 $160,000,000)
6 (DESIGN AND CONTINGENCIES -
7 $40,000,000)
8 (XI) STATE CORRECTIONAL INSTITUTION AT
9 SMITHFIELD
10 (A) ADDITIONAL FUNDS FOR DGS PROJECT 1573-
11 7, EXPAND KITCHEN AND DINING FACILITY 2,500,000
12 (BASE PROJECT ALLOCATION - $2,000,000)
13 (DESIGN AND CONTINGENCIES - $500,000)
14 (B) ADDITIONAL FUNDS FOR DGS PROJECT 1573-
15 9, CONSTRUCT A NEW 230-BED CAPACITY
16 FACILITY AND UPGRADE INFRASTRUCTURE AND
17 SECURITY 4,000,000
18 (BASE PROJECT ALLOCATION - $3,200,000)
19 (DESIGN AND CONTINGENCIES - $800,000)
20 (XII) NEW STATE CORRECTIONAL INSTITUTION - <--
21 LUZERNE COUNTY
22 (A) CONSTRUCT A NEW 2,300-BED L-3 MEDIUM
23 SECURITY PRISON WITHIN A 5-MILE RADIUS
24 OF SCI RETREAT. INCLUDES CONSTRUCTION
25 OF ALL OTHER FACILITIES AS NECESSARY TO
26 OPERATE INSTITUTION 200,000,000
27 (BASE PROJECT ALLOCATION -
28 $160,000,000)
29 (DESIGN AND CONTINGENCIES -
30 $40,000,000)
20070S0798B1311 - 7 -
1 SECTION 6. ITEMIZATION OF FURNITURE AND EQUIPMENT PROJECTS.
2 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
3 IMPROVEMENT PROJECTS CONSISTING OF THE ACQUISITION OF MOVABLE
4 FURNITURE AND EQUIPMENT TO COMPLETE PUBLIC IMPROVEMENT PROJECTS
5 AND TO BE PURCHASED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
6 SUCCESSORS OR ASSIGNS AND TO BE FINANCED BY THE INCURRING OF
7 DEBT ARE HEREBY ITEMIZED, TOGETHER WITH THEIR RESPECTIVE
8 ESTIMATED FINANCIAL COSTS, AS FOLLOWS:
9 TOTAL
10 PROJECT
11 PROJECT ALLOCATION
12 (1) DEPARTMENT OF CORRECTIONS
13 (I) STATE CORRECTIONAL INSTITUTION AT
14 GRATERFORD
15 (A) ORIGINAL FURNITURE AND EQUIPMENT FOR
16 THE NEW INSTITUTION 6,500,000
17 (II) STATE CORRECTIONAL INSTITUTION AT
18 HUNTINGDON
19 (A) ORIGINAL FURNITURE AND EQUIPMENT FOR
20 THE NEW INSTITUTION 6,500,000
21 (III) STATE CORRECTIONAL INSTITUTION AT
22 ROCKVIEW
23 (A) ORIGINAL FURNITURE AND EQUIPMENT FOR
24 THE NEW INSTITUTION 6,500,000
25 (IV) NEW STATE CORRECTIONAL INSTITUTION - <--
26 LUZERNE COUNTY
27 (A) ORIGINAL FURNITURE AND EQUIPMENT FOR
28 THE NEW INSTITUTION WITHIN A 5-MILE
29 RADIUS OF SCI RETREAT 6,500,000
30 SECTION 7. ITEMIZATION OF GENERAL FUND CURRENT REVENUE
20070S0798B1311 - 8 -
1 PROJECTS.
2 THE INDIVIDUAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
3 IMPROVEMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
4 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS, AND
5 TO BE FINANCED FROM GENERAL FUND CURRENT REVENUES, ARE HEREBY
6 ITEMIZED, TOGETHER WITH THEIR RESPECTIVE ESTIMATED FINANCIAL
7 COSTS, AS FOLLOWS:
8 TOTAL
9 PROJECT
10 PROJECT ALLOCATION
11 (1) DEPARTMENT OF CORRECTIONS
12 (I) STATE CORRECTIONAL INSTITUTION AT ALBION
13 (A) LEASE AND/OR PURCHASE AN EMERGENCY
14 HOUSING FACILITY ALONG WITH RELATED
15 INFRASTRUCTURE IMPROVEMENTS 2,000,000
16 (BASE PROJECT ALLOCATION - $2,000,000)
17 (II) STATE CORRECTIONAL INSTITUTION AT
18 CAMBRIDGE SPRINGS
19 (A) LEASE AND/OR PURCHASE AN EMERGENCY
20 HOUSING FACILITY ALONG WITH RELATED
21 INFRASTRUCTURE IMPROVEMENTS 2,000,000
22 (III) STATE CORRECTIONAL INSTITUTION AT
23 GREENSBURG
24 (A) LEASE AND/OR PURCHASE AN EMERGENCY
25 HOUSING FACILITY ALONG WITH RELATED
26 INFRASTRUCTURE IMPROVEMENTS 2,000,000
27 (BASE PROJECT ALLOCATION - $2,000,000)
28 (IV) STATE CORRECTIONAL INSTITUTION AT
29 HOUTZDALE
30 (A) LEASE AND/OR PURCHASE AN EMERGENCY
20070S0798B1311 - 9 -
1 HOUSING FACILITY ALONG WITH RELATED
2 INFRASTRUCTURE IMPROVEMENTS 2,000,000
3 (BASE PROJECT ALLOCATION - $2,000,000)
4 (V) STATE CORRECTIONAL INSTITUTION AT LAUREL
5 HIGHLANDS
6 (A) LEASE AND/OR PURCHASE TWO SEPARATE
7 EMERGENCY HOUSING FACILITIES ALONG WITH
8 RELATED INFRASTRUCTURE IMPROVEMENTS 4,000,000
9 (BASE PROJECT ALLOCATION - $4,000,000)
10 (VI) STATE CORRECTIONAL INSTITUTION AT MAHANOY
11 (A) LEASE AND/OR PURCHASE AN EMERGENCY
12 HOUSING FACILITY ALONG WITH RELATED
13 INFRASTRUCTURE IMPROVEMENTS 2,000,000
14 (BASE PROJECT ALLOCATION - $2,000,000)
15 (VII) STATE CORRECTIONAL INSTITUTION AT MUNCY
16 (A) LEASE AND/OR PURCHASE TWO SEPARATE
17 EMERGENCY HOUSING FACILITIES ALONG WITH
18 RELATED INFRASTRUCTURE IMPROVEMENTS 4,000,000
19 (BASE PROJECT ALLOCATION - $4,000,000)
20 (VIII) STATE CORRECTIONAL INSTITUTION AT PINE
21 GROVE
22 (A) LEASE AND/OR PURCHASE AN EMERGENCY
23 HOUSING FACILITY ALONG WITH RELATED
24 INFRASTRUCTURE IMPROVEMENTS 2,000,000
25 (BASE PROJECT ALLOCATION - $2,000,000)
26 (IX) STATE CORRECTIONAL INSTITUTION AT RETREAT
27 (A) LEASE AND/OR PURCHASE AN EMERGENCY
28 HOUSING FACILITY ALONG WITH RELATED
29 INFRASTRUCTURE IMPROVEMENTS 3,500,000
30 (BASE PROJECT ALLOCATION - $3,500,000)
20070S0798B1311 - 10 -
1 (X) STATE CORRECTIONAL INSTITUTION AT ROCKVIEW
2 (A) LEASE AND/OR PURCHASE AN EMERGENCY
3 HOUSING FACILITY ALONG WITH RELATED
4 INFRASTRUCTURE IMPROVEMENTS 2,000,000
5 (BASE PROJECT ALLOCATION - $2,000,000)
6 SECTION 8. DEBT AUTHORIZATION.
7 (A) PUBLIC IMPROVEMENTS.--THE GOVERNOR, AUDITOR GENERAL AND
8 STATE TREASURER ARE HEREBY AUTHORIZED AND DIRECTED TO BORROW
9 FROM TIME TO TIME IN ADDITION TO ANY AUTHORIZATION HERETOFORE OR
10 HEREAFTER ENACTED, ON THE CREDIT OF THE COMMONWEALTH, SUBJECT TO
11 THE LIMITATIONS PROVIDED IN THE CURRENT CAPITAL BUDGET, MONEY
12 NOT EXCEEDING IN THE AGGREGATE THE SUM OF $681,500,000 AS MAY BE
13 FOUND NECESSARY TO CARRY OUT THE ACQUISITION AND CONSTRUCTION OF
14 THE PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A
15 CAPITAL BUDGET.
16 (B) FURNITURE AND EQUIPMENT.--THE GOVERNOR, AUDITOR GENERAL
17 AND STATE TREASURER ARE HEREBY AUTHORIZED AND DIRECTED TO BORROW
18 FROM TIME TO TIME IN ADDITION TO ANY AUTHORIZATION HERETOFORE OR
19 HEREAFTER ENACTED, ON THE CREDIT OF THE COMMONWEALTH, SUBJECT TO
20 THE LIMITATIONS PROVIDED IN THE CURRENT CAPITAL BUDGET, MONEY
21 NOT EXCEEDING IN THE AGGREGATE THE SUM OF $19,500,000 AS MAY BE
22 FOUND NECESSARY TO CARRY OUT THE ACQUISITION AND CONSTRUCTION OF
23 THE PUBLIC IMPROVEMENT PROJECTS CONSISTING OF THE ACQUISITION OF
24 ORIGINAL MOVABLE FURNITURE AND EQUIPMENT SPECIFICALLY ITEMIZED
25 IN A CAPITAL BUDGET.
26 SECTION 9. ISSUE OF BONDS.
27 THE INDEBTEDNESS AUTHORIZED IN THIS ACT SHALL BE INCURRED
28 FROM TIME TO TIME AND SHALL BE EVIDENCED BY ONE OR MORE SERIES
29 OF GENERAL OBLIGATION BONDS OF THE COMMONWEALTH IN SUCH
30 AGGREGATE PRINCIPAL AMOUNT FOR EACH SERIES AS THE GOVERNOR, THE
20070S0798B1311 - 11 -
1 AUDITOR GENERAL AND THE STATE TREASURER SHALL DETERMINE, BUT THE
2 LATEST STATED MATURITY DATE SHALL NOT EXCEED THE ESTIMATED
3 USEFUL LIFE OF THE PROJECTS BEING FINANCED AS STATED IN SECTION
4 10.
5 SECTION 10. ESTIMATED USEFUL LIFE AND TERM OF DEBT.
6 (A) ESTIMATED USEFUL LIFE.--THE GENERAL ASSEMBLY STATES THAT
7 THE ESTIMATED USEFUL LIFE OF THE PUBLIC IMPROVEMENT PROJECTS
8 ITEMIZED IN THIS ACT IS AS FOLLOWS:
9 (1) PUBLIC IMPROVEMENT PROJECTS, 30 YEARS.
10 (2) FURNITURE AND EQUIPMENT PROJECTS, 10 YEARS.
11 (3) TRANSPORTATION ASSISTANCE PROJECTS:
12 (I) ROLLING STOCK, 15 YEARS.
13 (II) PASSENGER BUSES, 12 YEARS.
14 (III) FURNITURE AND EQUIPMENT, 10 YEARS.
15 (IV) ALL OTHERS, 30 YEARS.
16 (B) TERM OF DEBT.--THE MAXIMUM TERM OF THE DEBT AUTHORIZED
17 TO BE INCURRED UNDER THIS ACT IS 30 YEARS.
18 SECTION 11. APPROPRIATIONS.
19 (A) PUBLIC IMPROVEMENTS.--THE NET PROCEEDS OF THE SALE OF
20 THE OBLIGATIONS AUTHORIZED IN THIS ACT ARE HEREBY APPROPRIATED
21 FROM THE CAPITAL FACILITIES FUND TO THE DEPARTMENT OF GENERAL
22 SERVICES IN THE MAXIMUM AMOUNT OF $681,500,000 $881,500,000 TO <--
23 BE USED BY IT EXCLUSIVELY TO DEFRAY THE FINANCIAL COST OF THE
24 PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A CAPITAL
25 BUDGET. AFTER RESERVING OR PAYING THE EXPENSES OF THE SALE OF
26 THE OBLIGATION, THE STATE TREASURER SHALL PAY TO THE DEPARTMENT
27 OF GENERAL SERVICES THE MONEYS AS REQUIRED AND CERTIFIED BY IT
28 TO BE LEGALLY DUE AND PAYABLE.
29 (B) FURNITURE AND EQUIPMENT.--THE NET PROCEEDS OF THE SALE
30 OF THE OBLIGATIONS AUTHORIZED IN THIS ACT ARE HEREBY
20070S0798B1311 - 12 -
1 APPROPRIATED FROM THE CAPITAL FACILITIES FUND TO THE DEPARTMENT
2 OF GENERAL SERVICES IN THE MAXIMUM AMOUNT OF $19,500,000 <--
3 $26,000,000 TO BE USED BY IT EXCLUSIVELY TO DEFRAY THE FINANCIAL <--
4 COST OF THE PUBLIC IMPROVEMENT PROJECTS CONSISTING OF THE
5 ACQUISITION OF ORIGINAL MOVABLE FURNITURE AND EQUIPMENT
6 SPECIFICALLY ITEMIZED IN A CAPITAL BUDGET. AFTER RESERVING OR
7 PAYING THE EXPENSES OF THE SALE OF THE OBLIGATION, THE STATE
8 TREASURER SHALL PAY TO THE DEPARTMENT OF GENERAL SERVICES THE
9 MONEYS AS REQUIRED AND CERTIFIED BY IT TO BE LEGALLY DUE AND
10 PAYABLE.
11 SECTION 12. FEDERAL FUNDS.
12 IN ADDITION TO THOSE FUNDS APPROPRIATED IN SECTION 11, ALL
13 MONEYS RECEIVED FROM THE FEDERAL GOVERNMENT FOR THE PROJECTS
14 SPECIFICALLY ITEMIZED IN THIS ACT ARE ALSO HEREBY APPROPRIATED
15 FOR THOSE PROJECTS.
16 SECTION 13. DEPARTMENT OF CORRECTIONS FACILITIES.
17 (A) PREEMPTION OF LOCAL ORDINANCES.--CAPITAL PROJECTS IN THE
18 CATEGORY OF PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED
19 FOR THE DEPARTMENT OF CORRECTIONS IN SECTION 5(1)(I), (IV), <--
20 (VI), (VII), (VIII), (IX), (X), (XI) AND (XII) (II), (III), (V), <--
21 (VI), (IX) AND (X) ARE HEREBY AUTHORIZED TO BE CONSTRUCTED,
22 ERECTED OR ACQUIRED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
23 SUCCESSORS OR ASSIGNS, OF THE DEPARTMENT OF CORRECTIONS,
24 NOTWITHSTANDING ANY ZONING ORDINANCE, LAND USE ORDINANCE,
25 BUILDING CODE OR OTHER REGULATION ADOPTED OR ENACTED BY A
26 POLITICAL SUBDIVISION UNDER THE AUTHORITY OF ANY STATUTE OR
27 UNDER THE AUTHORITY OF ANY HOME RULE CHARTER AUTHORIZED AND
28 ADOPTED UNDER ANY STATUTE OR THE CONSTITUTION OF PENNSYLVANIA.
29 (B) PREEMPTION OF LOCAL ORDINANCES FOR 2005-2006 PROJECTS.--
30 CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC IMPROVEMENT PROJECTS
20070S0798B1311 - 13 -
1 SPECIFICALLY ITEMIZED FOR THE DEPARTMENT OF CORRECTIONS IN
2 SECTION 3(5)(IV.2)(A), (IV.4)(A) AND (V.1)(A) OF THE ACT OF JULY
3 7, 2006 (P.L.390, NO.83), KNOWN AS THE CAPITAL BUDGET PROJECT
4 ITEMIZATION ACT OF 2005-2006, ARE HEREBY AUTHORIZED TO BE
5 CONSTRUCTED, ERECTED OR ACQUIRED BY THE DEPARTMENT OF GENERAL
6 SERVICES, ITS SUCCESSORS OR ASSIGNS, OF THE DEPARTMENT OF
7 CORRECTIONS, NOTWITHSTANDING ANY ZONING ORDINANCE, LAND USE
8 ORDINANCE, BUILDING CODE OR OTHER REGULATION ADOPTED OR ENACTED
9 BY A POLITICAL SUBDIVISION UNDER THE AUTHORITY OF ANY STATUTE OR
10 UNDER THE AUTHORITY OF ANY HOME RULE CHARTER AUTHORIZED AND
11 ADOPTED UNDER ANY STATUTE OR THE CONSTITUTION OF PENNSYLVANIA.
12 (C) PREEMPTION OF LOCAL ORDINANCES FOR 2001-2002 PROJECTS.--
13 THE CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC IMPROVEMENT
14 PROJECTS SPECIFICALLY ITEMIZED FOR THE DEPARTMENT OF CORRECTIONS
15 IN SECTION 3(4)(XI)(A) OF THE ACT OF OCTOBER 30, 2002 (P.L.891,
16 NO.131), KNOWN AS THE CAPITAL BUDGET PROJECT ITEMIZATION ACT OF
17 2001-2002, ARE HEREBY AUTHORIZED TO BE CONSTRUCTED, ERECTED OR
18 ACQUIRED BY THE DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS
19 OR ASSIGNS, OF THE DEPARTMENT OF CORRECTIONS, NOTWITHSTANDING
20 ANY ZONING ORDINANCE, LAND USE ORDINANCE, BUILDING CODE OR OTHER
21 REGULATION ADOPTED OR ENACTED BY A POLITICAL SUBDIVISION UNDER
22 THE AUTHORITY OF ANY STATUTE OR UNDER THE AUTHORITY OF ANY HOME
23 RULE CHARTER AUTHORIZED AND ADOPTED UNDER ANY STATUTE OR THE
24 CONSTITUTION OF PENNSYLVANIA.
25 SECTION 14. SPECIAL CONTRACT PROVISIONS FOR DEPARTMENT OF
26 CORRECTIONS PROJECTS.
27 THE DEPARTMENT OF GENERAL SERVICES SHALL USE THE COMPETITIVE
28 SEALED PROPOSAL METHOD OF SOURCE SELECTION TO ENTER INTO A
29 DESIGN/BUILD CONTRACT FOR THE PROJECTS WHICH ARE AUTHORIZED IN
30 SECTIONS 5 AND 7. NOTWITHSTANDING THE PROVISIONS OF 62 PA.C.S. §
20070S0798B1311 - 14 -
1 322(6) (RELATING TO SPECIFIC CONSTRUCTION POWERS, DUTIES AND
2 PROCEDURES), THE DEPARTMENT OF GENERAL SERVICES, UPON APPROVAL
3 OF THE SECRETARY OF THE BUDGET, MAY COMPLY WITH THE PROVISIONS
4 OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104), REFERRED TO AS THE
5 SEPARATIONS ACT, BY ENTERING INTO A DESIGN/BUILD CONTRACT WHICH
6 REQUIRES THAT THE DESIGN/BUILD CONTRACTOR COMPLY WITH THE
7 REQUIREMENTS OF THE SEPARATIONS ACT. ANY DEPARTMENT OF <--
8 CORRECTIONS PROJECT WHICH IS AUTHORIZED IN SECTION 5 OR 7 SHALL
9 BE EXEMPT FROM THE PROVISIONS OF THE ACT OF MARCH 3, 1978
10 (P.L.6, NO.3), KNOWN AS THE STEEL PRODUCTS PROCUREMENT ACT. THE
11 SECRETARY OF THE BUDGET SHALL GIVE NOTIFICATION OF ANY SUCH
12 DESIGN/BUILD CONTRACTS TO THE CHAIRMAN AND MINORITY CHAIRMAN OF
13 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
14 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
15 OF REPRESENTATIVES TEN DAYS PRIOR TO ADVERTISING FOR A
16 DEVELOPER. ANY DEPARTMENT OF CORRECTIONS PUBLIC IMPROVEMENT <--
17 PROJECT-ELIGIBLE EXPENDITURE OF FUNDS INCURRED PRIOR TO THE
18 EFFECTIVE DATE OF THIS ACT WHICH IS DIRECTLY RELATED TO A PUBLIC
19 IMPROVEMENT CAPITAL PROJECT ITEMIZED IN SECTION 5 OR SECTION 7
20 SHALL BE CONSIDERED ELIGIBLE TO BE UTILIZED AS A PORTION OF THE
21 EXPENDITURE OF FUNDS AND MAY BE CONSIDERED AS ELIGIBLE FOR
22 REIMBURSEMENT FROM CAPITAL FUNDS FOR A PUBLIC IMPROVEMENT
23 CAPITAL PROJECT ITEMIZED IN SECTION 5 OR SECTION 7.
24 SECTION 15. EDITORIAL CHANGES.
25 IN EDITING AND PREPARING THIS ACT FOR PRINTING FOLLOWING THE
26 FINAL ENACTMENT, THE LEGISLATIVE REFERENCE BUREAU SHALL INSERT
27 OR REVISE LETTERS OR NUMBERS FOR PROJECTS WHERE THE LETTERS OR
28 NUMBERS ARE MISSING OR REQUIRE REVISION. THE BUREAU SHALL ALSO
29 REVISE THE TOTAL MONETARY AMOUNTS FOR THE TOTAL AUTHORIZATION,
30 DEBT AUTHORIZATION, APPROPRIATIONS AND DEPARTMENTAL TOTALS AS
20070S0798B1311 - 15 -
1 NECESSARY TO AGREE WITH THE TOTAL MONETARY AMOUNTS OF THE
2 PROJECTS.
3 Section 4 16. Effective date. <--
4 This act shall take effect July 1, 2007, or immediately,
5 whichever is later.
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