AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain 
3provisions applicable as well to private and parochial 
4schools; amending, revising, consolidating and changing the 
5laws relating thereto," in grounds and buildings, further 
6providing for limitation on new applications for Department 
7of Education approval of public school building projects; 
8establishing Building Blocks PA and the Public School 
9Facilities Financing Commission; and providing for the powers 
10and duties of the commission.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 732.1(a) of the act of March 10, 1949
14(P.L.30, No.14), known as the Public School Code of 1949,
15amended July 9, 2013 (P.L.408, No.59), is amended to read:

16Section 732.1. Limitation on New Applications for Department
17of Education Approval of Public School Building Projects.--(a)
18For the 2012-2013 fiscal year [and the 2013-2014 fiscal year],
19the Department of Education shall not accept or approve new
20school building construction or reconstruction project
21applications. Completed school building construction or

1reconstruction project applications received by the Department
2of Education by October 1, 2012, are not subject to this
3provision.

4* * *

5Section 2.  The act is amended by adding an article to read:

6ARTICLE VII-A

7BUILDING BLOCKS PA

8Section 701-A. Definitions.

9The following words and phrases when used in this article
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Building Blocks PA." The program through which the
13department approves and provides for Commonwealth reimbursement
14of school construction projects, formerly known as PlanCon.

15"Commission." The Public School Facilities Financing
16Commission established by this article.

17"Department." The Department of Education of the
18Commonwealth.

19"PlanCon." The department's Planning and Construction
20Workbook.

21Section 702-A. Establishment.

22A program to be known as Building Blocks PA is established in
23the department.

24Section 703-A. Powers and duties of the department.

25The department shall have the following powers and duties
26with regard to Building Blocks PA:

27(1) To set educational and construction standards
28applicable to a building project to determine whether the
29project is eligible for reimbursement.

30(2) To limit the frequency of an application for school

1construction reimbursement based on the amount of time since
2a building was constructed or the time since the bid opening
3date of the previous reimbursable project, provided that a
4school building construction or reconstruction project
5application for any of the following purposes shall not be
6subject to frequency limitations:

7(i) A technological improvement project.

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

9(iii) An emergency repair as a result of storm-
10related damage or other damage related to an act of God.

11(iv) An energy efficiency improvement project.

12(v) A project to attain certification under the
13United States Green Building Council's Leadership in
14Energy and Environmental Design Green Building Rating
15System or the Green Building Initiative's Green Globes
16Green Building Rating System.

17(3) To consider requests for variances from any
18frequency or valuation limitations to allow for the
19reimbursement of alteration or renovation costs for a
20building or project.

21Section 704-A. Wages.

22A new school building construction or reconstruction project
23approved by the department for reimbursement under this article
24shall comply with the provisions of the act of August 15, 1961
25(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
26Act.

27Section 705-A. Applications.

28For the 2014-2015 fiscal year and thereafter, a new school
29building construction or reconstruction project application
30shall include documentation that each contractor or firm

1performing work participates in an active apprenticeship program
2which is currently registered with and approved by the United
3States Department of Labor or the Pennsylvania Apprenticeship
4and Training Council for each separate trade or classification
5for which it is performing work on that project and which has an
6apprentice currently registered or graduated within the previous
712 months.

8Section 706-A. Financing.

9School construction reimbursements shall be calculated and
10distributed under Article XXV. The total amount of
11reimbursements awarded shall be limited to funds appropriated
12for this purpose. Applications for reimbursement shall be filed
13in accordance with procedures developed by the department.

14Section 707-A. Public School Facilities Financing Commission.

15(a) Establishment.--The Public School Facilities Financing 
16Commission is established and shall review and make 
17recommendations related to public school facilities' financing 
18as provided in this section.

19(b)  Membership.--

20(1)  The commission shall consist of the following 
21members:

22(i)  The chair and minority chair of the Education
23Committee of the Senate and the chair and minority chair
24of the Education Committee of the House of
25Representatives, or their designees.

26(ii)  Two legislators from each of the four
27legislative caucuses, to be appointed by the President
28pro tempore of the Senate and the Speaker of the House of
29Representatives, in consultation with the Majority and
30Minority Leaders of the Senate and the Majority and

1Minority Leaders of the House of Representatives.

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

3(iv)  The Executive Director of the State Public
4School Building Authority, or a designee.

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

6(2)  The commission shall appoint a member to serve as
7chair of the commission.

8(c)  Meetings.--

9(1) The commission shall hold its first meeting within
1030 days of the effective date of this section, regardless of
11whether the Governor or all legislative caucuses have
12actually approved members to the commission.

13(2)  The commission shall hold meetings at the call of
14the chair.

15(3) All meetings and public hearings of the commission
16shall be deemed public meetings for the purpose of 65 Pa.C.S.
17Ch. 7 (relating to open meetings).

18(4) A majority of the members of the commission shall
19constitute a quorum. If fewer than a majority are present at
20any meeting, no business shall be transacted at the meeting.

21(d) Reimbursement of expenses.--The members may not receive
22compensation for their services, but shall be reimbursed for all
23necessary travel and other reasonable expenses incurred in
24connection with the performance of their duties as members of
25the commission.

26(e) Administration.--The General Assembly shall provide 
27administrative support, meeting space and any other assistance 
28required by the commission to carry out its duties under this 
29section in cooperation with the department. The department shall 
30provide the commission with data, research and other information
 

1upon request by the commission.

2(f) Powers and duties.--The commission shall have the
3following powers and duties:

4(1)  Consult with and utilize experts to assist in
5carrying out the duties under this subsection.

6(2)  Hold public hearings in different regions of this
7Commonwealth.

8(3)  Review and make findings and recommendations related
9to funding public school facilities in this Commonwealth, to
10include all of the following:

11(i)  Analysis of the preliminary study under section
12732.1(b).

13(ii)  The impact of and financing considerations
14relating to green building, energy efficiency, school
15safety and technological improvement projects.

16(iii)  Historical trends in funding public school
17facilities in this Commonwealth.

18(iv)  The capacity of Building Blocks PA to meet
19existing capital needs.

20(v)  The ability of Building Blocks PA to meet
21anticipated future capital needs.

22(vi)  Other financial vehicles to meet current and
23future capital needs, including, but not limited to,
24bonds.

25(vii)  The role of the State Public School Building
26Authority and Pennsylvania Higher Educational Facilities
27Authority in funding school facilities to include
28recommendations relating to restructuring or expanding
29the duties of these entities.

30(4)  Review and consider methods used in other states to

1finance public school facilities.

2(5)  Issue a report of its findings and recommendations
3to the Governor, the President pro tempore of the Senate, the
4Majority Leader and Minority Leader of the Senate, the
5Education Committee of the Senate, the Speaker of the House
6of Representatives, the Majority Leader and Minority Leader
7of the House of Representatives, the Education Committee of
8the House of Representatives, the Secretary of Education and
9the State Public School Building Authority within 120 days of
10the first meeting or September 30, 2014, whichever is later.

11(g) Continuation of commission.--Every ten years the
12commission shall be reconstituted in accordance with subsection
13(c), shall meet and hold public hearings to review the
14provisions of this section and shall issue a report to the
15recipients listed in subsection (f)(5).

16Section 708-A. Regulations.

17The Secretary of Education shall propose regulations for
18promulgation by the State Board of Education to implement the
19provisions of this article.

20Section 3.  This act shall take effect immediately.