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PRINTER'S NO. 3065
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2147
Session of
2019
INTRODUCED BY FIEDLER, KENYATTA, LEE, MULLERY, HARKINS,
BRADFORD, DAWKINS, RABB, NEILSON, MURT, CALTAGIRONE, KINSEY,
McCLINTON, DELLOSO, ISAACSON, A. DAVIS, OTTEN, SCHLOSSBERG,
BURGOS, FLYNN, YOUNGBLOOD, CEPHAS, FRANKEL, MARKOSEK,
MULLINS, CIRESI, RAVENSTAHL, READSHAW, ROEBUCK, BOYLE,
BRIGGS, SANCHEZ, SOLOMON, HILL-EVANS, HOHENSTEIN, DEASY,
INNAMORATO, DONATUCCI, SIMS, WILLIAMS, DAVIDSON, SHUSTERMAN,
ULLMAN, WEBSTER, T. DAVIS, SCHWEYER, VITALI, DALEY AND
O'MARA, DECEMBER 18, 2019
REFERRED TO COMMITTEE ON APPROPRIATIONS, DECEMBER 18, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for the Public School
Building Emergency Repair and Renovation Grant Program;
establishing the Public School Building Emergency Repair and
Renovation Grant Fund; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE VII-A
PUBLIC SCHOOL BUILDING EMERGENCY REPAIR
AND RENOVATION GRANT PROGRAM
Section 701-A. Scope.
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This article relates to the Public School Building Emergency
Repair and Renovation Grant Program.
Section 702-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Eligible cost." The term includes the cost of all labor,
materials, necessary operational machinery and equipment, plans
and specifications, surveys, prefeasibility studies, engineering
and other professional services related to an emergency repair
and renovation project.
"Emergency repair and renovation projects." Eligible costs
associated with the improvement, repair, rehabilitation or
renovation of all or part of a public school building, which
include the following:
(1) Emergency repairs resulting from a natural or
manmade disaster.
(2) Lead abatement, remediation and removal.
(3) Asbestos abatement, remediation and removal.
(4) Heating, ventilation and air conditioning purchase,
repair or replacement.
(5) Electrical system repair or replacement.
(6) Roof and window repair or replacement.
(7) Plumbing repairs or replacement.
(8) Purchase, repair or replacement of indoor air
quality systems.
(9) Removal of the presence of toxins, chemicals and
health hazards, including mercury, radon, PCBs, mold, mildew,
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rodents and pests.
(10) Repairs or renovations that ensure the building
envelopes of public school buildings protect occupants and
interiors from the elements and are structurally sound and
secure.
(11) Repairs or renovations that ensure the safety of
drinking water and water used for meal preparation in public
school buildings, which may include testing of the potability
of water for the presence of lead and other contaminants.
(12) Repairs or renovations that bring public school
facilities into compliance with applicable fire, health and
safety codes.
(13) Other improvements, actions, repairs or renovations
that will improve the physical health, welfare and safety of
students as approved by the department.
"Fund." The Public School Building Emergency Repair and
Renovation Grant Fund established under section 704-A.
Section 703-A. Public School Building Emergency Repair and
Renovation Grant Program.
(a) Establishment.--The Public School Building Emergency
Repair and Renovation Grant Program is established and shall be
administered by the department.
(b) Application.--A school district may submit a single
application in writing to the department which identifies each
project for which grant funding is requested under this section.
The department may establish the form and manner in which an
application is submitted.
(c) Requirements of application.--An application submitted
under subsection (b) shall include:
(1) A detailed plan of each emergency repair and
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renovation project for which the school district is seeking
funding.
(2) The total amount of grant funding requested.
(3) A statement indicating that the emergency repair and
renovation project is necessary to protect the health and
safety of the students in the school district.
(4) Any other information required by the department.
(d) Review.--Within 30 days of receipt of an application,
the department shall review and approve or deny the application.
If the application is approved, the department shall award the
grant and execute a grant agreement with the school district. If
the application is denied, the department shall forward the
reasons for denial to the applicant and allow the applicant to
reapply.
Section 704-A. Public School Building Emergency Repair and
Renovation Grant Fund.
There is established in the State Treasury a special fund to
be known as the Public School Building Emergency Repair and
Renovation Grant Fund.
Section 705-A. Use of money.
(a) Grants.--Money in the fund may only be used for grants
to school districts for emergency repair and renovation projects
approved under section 703-A(d).
(b) Distribution.--Money in the fund shall be distributed as
follows:
(1) The sum of $85,000,000 shall be allocated for grants
for emergency repair and renovation projects in a school
district of the first class.
(2) The sum of $30,000,000 shall be used for grants for
emergency repair and renovation projects in school districts,
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except school districts of the first class, that are in one
of the following categories:
(i) In financial recovery status under Subchapter C
of Article VI-A.
(ii) In financial watch status under Subchapter B of
Article VI-A.
(iii) With 20% or more of school-age children
identified as in acute poverty by the American Community
Survey data, as used in section 2502.53.
(3) The sum of $10,000,000 shall be used for grants for
emergency repair and renovation projects in school districts
other than those identified in paragraphs (1) and (2).
(c) Prohibition.--The department may not award grants for
any of the following purposes:
(1) Construction of a new public school building.
(2) Payment of maintenance costs other than those
allowed in this article.
(3) Purchase, lease or upgrade of school district
vehicles.
(4) Improvement of a stand-alone facility which is not
used for the purpose of educating children, including
administrative or operations buildings or logistical support
facilities.
(d) Guidelines.--The department shall develop guidelines for
the following:
(1) Submitting applications for a grant.
(2) Reviewing applications and selecting projects for
the awarding of grants.
(3) Eligible uses of money by school districts that
receive grants.
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(4) Minimum grant amounts.
Section 706-A. Amount of grant.
Maximum grant amounts for a school district shall be as
follows:
(1) $2,000,000 for school districts under section 705-
A(b)(2).
(2) $500,000 for school districts under section 705-A(b)
(3).
Section 707-A. Deposit and transfer of money.
For fiscal year 2020-2021, the sum of $125,000,000 shall be
transferred from the General Fund for deposit into the fund for
purposes of awarding grants under this article.
Section 2. This act shall take effect in 60 days.
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