PRINTER'S NO. 2945
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2494
Session of
2022
INTRODUCED BY WHITE, SOLOMON, BURGOS, CIRESI, HILL-EVANS,
LONGIETTI, NEILSON, N. NELSON, PARKER, SANCHEZ AND ZABEL,
APRIL 6, 2022
REFERRED TO COMMITTEE ON EDUCATION, APRIL 6, 2022
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 healthy school
buildings and establishing the Healthy School Buildings
Committee within the Department of Health, the Healthy School
Buildings Grant Program and the Healthy School Buildings
Fund.
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 XIV-C
HEALTHY SCHOOL BUILDINGS
Section 1401-C. Definitions.
The following words and phrases when used in this article
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Healthy School Buildings Committee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
established under section 1402-C.
"Department." The Department of Health of the Commonwealth.
"Fund." The Healthy School Buildings Fund established under
section 1407-C(q).
"Health hazards." Asbestos, lead, mold and other substances
that pose significant risk to the health of individuals exposed
to them.
"Healthy school building assessment." A strategic evaluation
of a school entity's facilities and programs used to identify
potential health hazards.
"Program." The Healthy School Buildings Grant Program
established under section 1407-C(a).
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school, regional charter school, approved private school,
chartered school for the education of the deaf or the blind or
private residential rehabilitative institution.
Section 1402-C. Healthy School Buildings Committee.
(a) Establishment.--The Healthy School Buildings Committee
is established within the department.
(b) Composition.--The committee shall consist of the
following members:
(1) The Secretary of Health or a designee.
(2) The Secretary of Education or a designee.
(3) The Secretary of Environmental Protection or a
designee.
(4) An individual appointed by the President pro tempore
of the Senate.
(5) An individual appointed by the Minority Leader of
the Senate.
20220HB2494PN2945 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) An individual appointed by the Speaker of the House
of Representatives.
(7) An individual appointed by the Minority Leader of
the House of Representatives.
(8) A recognized subject matter expert in health hazards
appointed by the Governor from three names submitted jointly
by the President pro tempore of the Senate and the Speaker of
the House of Representatives.
(9) The following members appointed by the Governor from
names submitted jointly by the President pro tempore of the
Senate and Speaker of the House of Representatives:
(i) A recognized subject matter expert in school
construction.
(ii) A recognized subject matter expert in long-term
strategies to prevent health hazards in school buildings.
(iii) A recognized subject matter expert in the
testing for and remediation from health hazards in school
buildings.
(iv) A recognized subject matter expert in the
crafting of short-term and long-term schedules, data
management and community engagement for current and
future health hazards in school buildings.
(c) Chairperson.--The chairperson of the committee shall be
selected by the Governor from among the members of the
committee.
(d) Vice chairperson.--A vice chairperson shall be
designated by the chairperson of the committee from among the
members of the committee to preside at meetings in the absence
of the chairperson.
(e) Term.--
20220HB2494PN2945 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Members of the committee serving under subsection
(b)(1), (2), (3) and (4) shall serve during their service in
the office from which they derived their membership.
(2) Members of the committee appointed under subsection
(b)(5), (6), (7), (8) and (9) shall serve a four-year term.
(f) Quorum.--A majority of the members of the committee
shall constitute a quorum and a quorum shall be required for all
actions.
(g) Actions.--A vote of the majority of the members of the
committee present shall be sufficient for all actions taken by
the committee.
(h) Initial meeting.--The committee shall hold its first
meeting no later than 30 days from the effective date of this
subsection.
(i) Cooperation.--The department shall cooperate with the
committee to select staff to be employed by the department and
assigned to assist the committee in carrying out the duties of
the committee.
Section 1403-C. School building health assessment criteria.
(a) Duty to establish.--No later than December 31, 2022, the
committee shall establish criteria to be used when conducting
school building health assessments that include a physical
assessment. The physical assessment shall be conducted during
calendar months when school is in session and shall consist of
an evaluation of the school entity's structural facilities and
surrounding property that includes:
(1) A review of the school entity's existing school
health plan.
(2) A review of the school entity's existing plans for
health response and mitigation.
20220HB2494PN2945 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) An analysis of the school entity's health policy or
practices, including environmental design.
(4) Discussions with the school entity's employees.
(5) Examination of protocol for disseminating
information and engaging parents and community members on
health hazards.
(6) A review of past, present and future remediation
plans, including how resources are spent and managed.
(b) Periodic review of criteria.--The committee shall review
the criteria established in subsection (a) at a minimum every
three years and may make revisions as needed.
Section 1404-C. School building health plans.
(a) Duty to establish.--No later than June 30, 2023, each
school entity shall establish a school building health plan that
includes:
(1) An evaluation of the school building health
assessment.
(2) A school entity's plan for health response and
mitigation.
(3) A school entity's health policy or practices,
including environmental design.
(4) Protocols for disseminating information and engaging
community members on health hazards.
(b) Publication.--A school entity shall publish its school
building health plan on the school entity's publicly accessible
Internet website.
Section 1405-C. School building health assessment providers.
(a) Duty to provide registration.--No later than October 31,
2022, the committee shall establish criteria for registration of
a person with knowledge and experience in matters of school
20220HB2494PN2945 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
building health that qualifies the person to conduct school
health assessments based upon the criteria established by the
committee beginning October 31, 2022.
(b) Periodic review of criteria.--The committee shall review
the criteria established in subsection (a) at a minimum every
three years and may make revisions as needed.
(c) Registration.--A person may apply for registration as a
school building health provider to the committee in a manner
prescribed by the committee.
Section 1406-C. Survey of school building health.
(a) Development.--No later than October 31, 2022, the
committee shall develop a survey instrument to distribute to
school entities to measure school building health throughout
this Commonwealth.
(b) Completion.--The following shall apply:
(1) No later than November 30, 2022, each school entity
shall complete the survey instrument under subsection (a) and
indicate whether it possesses a preexisting school building
health assessment that was completed within the last three
years.
(2) If the school entity possesses a preexisting school
building health assessment that was completed within the last
three years, the school entity shall submit a copy of the
preexisting school building health assessment to the
committee along with the survey instrument, unless a delay is
approved by the committee on a case-by-case basis.
(c) Review.--The following shall apply:
(1) No later than January 31, 2023, the committee shall
complete a review of each survey received from a school
entity to:
20220HB2494PN2945 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) Evaluate the school entity's health
preparedness.
(ii) If a preexisting school building health
assessment was submitted, determine whether the school
building health assessment meets the criteria established
by the committee.
(2) Upon completion of the review under paragraph (1),
the committee shall notify a school entity of the committee's
findings.
(d) Engagement.--The committee may engage registered school
building health assessment providers to complete the review
required under subsection (c).
(e) Confidentiality of data.--School entity-specific data
collected through the survey instrument by the committee and the
findings of the committee shall remain confidential and shall
not be subject to the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law. The committee may release
aggregate data at the discretion of the committee.
(f) Survey administration.--The committee shall administer
the survey instrument established in subsection (a) at a minimum
every two years and may make revisions as needed.
Section 1407-C. Healthy School Buildings Grant Program.
(a) Establishment.--The Healthy School Buildings Grant
Program is established in the department to award grants under
this section.
(b) Application.--A school entity may apply to the committee
for a grant under this section. The application shall be
submitted on a form and in a manner as required by the
committee.
(c) Information.--An application under subsection (a) shall
20220HB2494PN2945 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
include the following information:
(1) The name and address of the school entity.
(2) How the school entity will fulfill the requirements
under subsection (f).
(3) A resolution from the school board of the school
entity pledging to use funds from the American Rescue Plan
Act of 2021 (Public Law 117-2, 135 Stat. 4) or other
available Federal funds as a match for the amount awarded
under this section.
(4) Documentation that the applicant meets the
qualifications under subsection (e).
(5) Any other information required by the committee.
(d) Review of application.--Beginning on receipt of an
application under subsection (b), the department shall review
the application.
(e) Qualifications.--A school entity which applies under
subsection (b) shall be approved for a grant if the school
entity has completed a school building health assessment under
section 1403-C.
(f) Required match from Federal funds.--A school entity
which receives a grant under this section shall match the amount
awarded under this section with the American Rescue Plan Act of
2021 or other available Federal funds.
(g) Approval.--If an applicant under subsection (b) meets
the qualifications under subsection (e), the department shall
approve the applicant for a grant within 30 days of receipt of
the application.
(h) Diversity.--The committee shall ensure that grant
funding under the program is geographically dispersed throughout
this Commonwealth.
20220HB2494PN2945 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) Supplement and not supplant.--The following shall apply:
(1) Grant money allocated through the program shall be
used to supplement and not supplant existing school entity
spending on school building health.
(2) Nothing in this article shall be construed to
preclude a school entity from making an application for a
grant under the program in a subsequent year for the same
purpose and amount awarded in a prior year.
(j) Effect of revenue received.--The amount of a grant
received by a school entity under this section may not be
included when calculating the amount to be paid to a charter
school under section 1725-A.
(k) Healthy school buildings grant allocation.--A school
entity that makes a meritorious application as prescribed by the
committee shall receive a minimum healthy school building grant
allocation as follows:
(1) A school entity with an average daily membership
greater than 3,900 shall receive a minimum healthy school
building grant allocation of $45,000.
(2) A school entity with an average daily membership
greater than 2,100 but less than or equal to 3,900 shall
receive a minimum healthy school building grant allocation of
$40,000.
(3) A school entity with an average daily membership
greater than 1,200 but less than or equal to 2,100 shall
receive a minimum healthy school building grant allocation of
$35,000.
(4) A school entity with an average daily membership of
less than or equal to 1,200 shall receive a minimum healthy
school building grant allocation of $30,000.
20220HB2494PN2945 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(l) Limitations on healthy school building grants.--Healthy
school building grant allocations awarded to a cyber charter
school shall be limited to the school building health needs of
students at facilities where tutoring, testing, supplemental
programs and services or instruction for students with
disabilities occur.
(m) Whole or partial awards.--The committee, in its
discretion, may award in whole or in part a request made by a
school entity in its grant application based upon the merit of a
specific item requested.
(n) Sustainability planning.--Sustainability planning is not
a necessary component of an application under this section.
(o) Confidentiality.--Information submitted by school
entities as part of the grant application, the disclosure of
which would be reasonably likely to result in a substantial and
demonstrable risk of physical harm or the health of students or
staff shall remain confidential and shall not be subject to the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law. The committee may release aggregate data at its
discretion.
(p) Healthy school buildings emergency grant allocation.--A
school entity that makes a meritorious application as prescribed
by the committee and demonstrates a need for a grant to address
an exigent health hazard shall receive a minimum healthy school
buildings emergency grant allocation.
(q) Healthy School Buildings Fund.--The following shall
apply:
(1) The Healthy School Buildings Fund is established as
a special fund in the State Treasury.
(2) All money deposited into the fund and the interest
20220HB2494PN2945 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
it accrues are appropriated to the department on a continuing
basis for the purpose of making grants under the program.
(3) No administrative action shall prevent the deposit
of money into the fund in the fiscal year in which the money
is received.
(4) The fund may only be used for the program and no
money in the fund may be transferred or diverted to any other
purpose by administrative action.
(5) Money available to the fund shall include
appropriations and transfers from the General Fund, special
funds, Federal funds and other sources of revenue made
available to the fund or the department or committee.
(6) Grants under this section shall be awarded no later
than March 1, 2023, and each March 1 thereafter.
(r) Prioritization of grants.--The following shall apply:
(1) The committee may in its discretion utilize the
information obtained from the most recent survey instrument
completed by a school entity under section 1405-C and trends
in applications from the prior year to prioritize the
allocation of grants.
(2) If the committee chooses to prioritize the
allocation of grants, the committee shall provide guidance in
the funding announcement detailing the specific purposes
which it intends to prioritize when making grant awards.
(s) Training.--The committee shall conduct informational
training for applicants outlining the grant priorities and
completion of applications.
(t) Coordination of grant distribution.--The department, in
consultation with the Department of Education, shall coordinate
the distribution of grants under Article XIII-A with the
20220HB2494PN2945 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
committee to ensure the most effective use of resources.
(u) Audits.--The following shall apply:
(1) The department may randomly audit and monitor grant
recipients to ensure the appropriate use of grant funds and
compliance with the provisions of subsection (d).
(2) The Auditor General may not perform audits related
to school health assessments, survey instruments and grant
applications.
Section 1408-C. School building health coordinator.
(a) Appointment.--The chief school administrator of a school
entity shall appoint a school administrator as a school health
coordinator for the school entity. The appointment shall be made
not later than August 31, 2022.
(b) Duties.--The school building health coordinator shall:
(1) Review the school entity's policies and procedures
relative to school building health and compliance with
Federal and State laws regarding school building health.
(2) Coordinate school building health assessments as
necessary.
(3) Serve as the school entity liaison between the
committee, department, parents, students, community, elected
officials, other stakeholders and other organizations on
matters of school building health.
(4) Make a report no later than June 30, 2023, and each
June 30 thereafter, to the school entity's board of directors
on the school entity's current school building health
practices that identifies strategies to improve school
building health. The report shall be presented to the school
entity's board of directors at an executive session of the
school entity's board of directors. The report shall be
20220HB2494PN2945 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
submitted to the committee and shall not be subject to the
act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
Section 2. This act shall take effect in 60 days.
20220HB2494PN2945 - 13 -
1
2
3
4