PRINTER'S NO. 4279
No. 2756 Session of 2002
INTRODUCED BY RUBLEY, BARD, TULLI, FREEMAN, HENNESSEY, CAPPELLI,
CREIGHTON, DALEY, GODSHALL, HERSHEY, HORSEY, LEVDANSKY, MANN,
MUNDY, E. Z. TAYLOR, THOMAS, TIGUE AND M. WRIGHT,
SEPTEMBER 12, 2002
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 12, 2002
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for minimum
21 design standards of new State-funded buildings; requiring all
22 administrative agencies operating vehicles purchased by the
23 Department of General Services to provide to it certain
24 information on a monthly basis; providing for alternative
25 fuel vehicles, for a State vehicle composition, utilization,
26 maintenance and replacement report; and making editorial
27 changes.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
1 Section 1. Section 508 of the act of April 9, 1929 (P.L.177,
2 No.175), known as The Administrative Code of 1929, is amended by
3 adding a subsection to read:
4 Section 508. Erection, Repairs, or Alterations of and
5 Additions to Buildings.--* * *
6 (c.1) All new buildings shall be designed to meet the
7 minimum design standards published in the Leadership in Energy
8 and Environmental Design (LEED) rating system unless the
9 Secretary of General Services determines that certain LEED
10 criteria cannot be achieved. The secretary's determination shall
11 be reported to the Appropriations Committee of the Senate and
12 the Appropriations Committee of the House of Representatives.
13 * * *
14 Section 2. Section 2407 of the act, amended or added June 3,
15 1943 (P.L.833, No.352), February 23, 1956 (1955 P.L.1080,
16 No.350) and December 18, 1968 (P.L.1232, No.390), is amended to
17 read:
18 Section 2407. [Automobiles.--] Vehicles.--(a) The
19 Department of [Property and Supplies] General Services shall,
20 upon the effective date of this act, take over, and thereafter
21 assume responsibility for, the maintenance and operation of all
22 [automobiles] vehicles owned by the Commonwealth, or any
23 administrative department, board, or commission thereof, except
24 the Department of [Highways.] Transportation.
25 (b) After the effective date of this act, all [automobiles]
26 vehicles required for use by the administrative departments,
27 boards, commissions, and officers of the State Government, shall
28 be purchased by the Department of [Property and Supplies]
29 General Services, but, in purchasing [automobiles] vehicles
30 required for the use of any department, board, or commission,
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1 having authority to purchase [automobiles] vehicles out of money
2 appropriated to it, the Department of [Property and Supplies]
3 General Services shall act as purchasing agency.
4 (c) The Department of [Property and Supplies] General
5 Services shall make or contract for the making of all repairs to
6 [automobiles] vehicles owned by the Commonwealth, except those
7 operated by the Department of [Highways] Transportation, unless
8 in any case it shall specifically authorize any department,
9 board, commission, or officer, to make or order the making of
10 repairs to any specified [automobiles] vehicles, and, except
11 emergency repairs necessarily made while any [automobile]
12 vehicle is away from its garage.
13 (d) The Department of [Property and Supplies] General
14 Services may assign to any department, board, or commission,
15 such [automobiles] vehicles as may be required by it for full-
16 time daily use, and such [automobiles] vehicles shall be
17 operated by employes of such departments, boards, or
18 commissions. The department shall maintain a sufficient number
19 of [automobiles] vehicles, not assigned to departments, boards,
20 or commissions, to meet the requirements of departments, boards,
21 and commissions which do not require the full-time daily use of
22 [automobiles] vehicles, and to meet extraordinary and occasional
23 demands of all departments, boards, and commissions, other than
24 the Department of [Highways] Transportation. Such [automobiles]
25 vehicles with or without chauffeurs, shall be furnished to
26 departments, boards, or commissions, upon requisition of the
27 heads of the respective departments, or of the executive
28 officers of the respective boards or commissions. This paragraph
29 shall not be construed to prohibit a State officer or employe
30 from being reimbursed for the use of his own [automobile]
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1 vehicle on State business, but all such reimbursements shall be
2 made under and subject to the rules of the Executive Board
3 regulating the payment of expenses to State officers and
4 employes.
5 (e) The cost of oil, [gasoline] fuel, tires, repair parts
6 for and repairs to [automobiles] vehicles permanently assigned
7 to departments, boards, and commissions, shall be paid out of
8 the appropriations to such departments, boards, and commissions,
9 but the Department of [Property and Supplies] General Services
10 shall contract for all such oil, [gasoline] fuel, tires, repair
11 parts, and repairs, except that repairs may be made by the
12 Department of [Highways] Transportation, and, if authorized as
13 hereinbefore provided, by other departments and by boards and
14 commissions. For the use of other [automobiles] vehicles,
15 departments, boards, and commissions shall be billed by the
16 Department of [Property and Supplies] General Services, upon a
17 mileage basis, at such amount per mile as the Department of
18 [Property and Supplies] General Services, with the approval of
19 the Governor, shall determine. Amounts payable for the use of
20 such [automobiles] vehicles shall be paid out of the
21 appropriations to such departments, boards, or commissions to
22 the Department of [Property and Supplies] General Services, and
23 shall be, by it, paid into the General Fund of the State
24 Treasury, through the Department of Revenue.
25 [The Department of Property and Supplies shall require every
26 administrative department, including the Department of Highways,
27 and every independent administrative and departmental
28 administrative board or commission, to report to it monthly,
29 upon forms supplied by it, and with such detail as it shall
30 require, the places to and from which each automobile was
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1 operated, the mileage traveled, the amount of oil and gasoline
2 purchased, the names of employes of the department, board, or
3 commission operating each automobile, the names of the employes
4 of the department, board, or commission for whom the automobiles
5 were operated, and such other information as may be necessary to
6 enable the Department of Property and Supplies to make and keep
7 complete records of the use and cost of operation of all State
8 automobiles, except that it shall not be necessary for the
9 Department of the Auditor General, the Treasury Department, or
10 the Pennsylvania State Police, to report the places to and from
11 which, or the names of the persons by or for whom automobiles
12 were operated.]
13 (f) Every administrative agency, board and commission
14 operating vehicles purchased by the Department of General
15 Services shall provide the department with the following
16 information each month on a form provided by the department:
17 (1) the type and number of vehicles in its possession;
18 (2) the type and number of alternative fuel vehicles;
19 (3) the places to and from which each vehicle operated;
20 (4) the mileage traveled by each vehicle;
21 (5) the amount of oil purchased and used;
22 (6) the type and amount of fuel purchased, including
23 alternative fuels;
24 (7) the type and amount of fuel used, including alternative
25 fuels;
26 (8) the names of all employes for whom the vehicles were
27 operated; and
28 such other information as may be necessary to enable the
29 Department of General Services to make and keep complete records
30 of the use and cost of operation of all State vehicles, except
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1 that it shall not be necessary for the Department of the Auditor
2 General, the Treasury Department or the Pennsylvania State
3 Police, to report the places to and from which, or the names of
4 the persons by or for whom vehicles were operated.
5 (g) The department shall provide the Department of
6 Environmental Protection with a copy of the information required
7 under subsection (f).
8 (h) The types and number of [automobiles] vehicles to be
9 purchased by the Department of [Property and Supplies] General
10 Services hereunder shall be subject to approval by the Executive
11 Board, and the use of [automobiles] vehicles by State officers
12 and employes shall be subject to the rules and regulations of
13 the Executive Board.
14 (i) Subject to the approval of the Board of Commissioners of
15 Public Grounds and Buildings, the Department of [Property and
16 Supplies] General Services may sell [automobiles] vehicles,
17 owned by the Commonwealth, when it deems it is in the public
18 interest to do so. The proceeds of such sales shall be paid into
19 the State Treasury, shall be credited to the appropriation to
20 the department for the purchase of [automobiles] vehicles, or to
21 any department, board or commission having authority to purchase
22 [automobiles] vehicles with money appropriated to it, and are
23 hereby appropriated to the respective department, board or
24 commission for the purchase of [automobiles] vehicles.
25 Section 3. The act is amended by adding sections to read:
26 Section 2407.2. Alternative Fuel Vehicles.--(a) The
27 department shall purchase the number of alternative fuel
28 vehicles as necessary for all Commonwealth administrative
29 departments, boards and commissions subject to the provisions of
30 the Federal EPACT to comply with the requirements of the EPACT,
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1 as determined by the Department of Environmental Protection and
2 United States Department of Energy.
3 (b) The department shall require that all Commonwealth
4 administrative departments, boards and commissions subject to
5 the provisions of the EPACT operate alternative fuel vehicles
6 using, to the extent available, an alternative fuel.
7 (c) The following words and phrases when used in sections
8 2407, 2407.2 and 2407.3 shall have the meanings given to them in
9 this subsection unless the context clearly indicates otherwise:
10 "Alternative fuel." A motor vehicle fuel which, when
11 compared to conventional gasoline or reformulated gasoline, will
12 result in lower emissions of oxides of nitrogen (Nox), volatile
13 organic compounds (VOC), carbon monoxide (CO), particulates or
14 any combination thereof. These include compressed natural gas
15 (CNG), liquefied natural gas (LNG), liquid petroleum or propane
16 gas (LPG), alcohols, hydrogen, hythane (H2 and CNG),
17 electricity, coal-derived liquid fuels, fuels derived from
18 biological materials, and other fuels that the Secretary of
19 Energy determines by rule as meeting the requirements of section
20 301 of the Energy Policy Act of 1992 (Public Law 102-486, 42
21 U.S.C. § 13211(2)).
22 "Alternative fuel vehicles." Vehicles capable of operating
23 using an alternative fuel.
24 "EPACT." The Energy Policy Act of 1992 (Public Law 102-486,
25 42 U.S.C. § 13201 et seq.).
26 "Department." The Department of General Services of the
27 Commonwealth.
28 "Vehicle." Every device in, upon or by which any person or
29 property is or may be transported or drawn upon a highway,
30 except devices used exclusively upon rails or tracks. The term
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1 does not include a self-propelled wheelchair or an electrical
2 mobility device operated by and designed for the exclusive use
3 of a person with a mobility-related disability.
4 Section 2407.3. State Vehicle Composition, Utilization,
5 Maintenance and Replacement Report.--(a) The department shall
6 conduct a detailed study of each administrative department,
7 board or commission in order to collect the following
8 information on all State vehicles:
9 (1) the utilization rate of State vehicles by type of
10 vehicle;
11 (2) the service and maintenance intervals;
12 (3) the replacement intervals of all State vehicles; and
13 (4) the replacement methodologies of each department, board
14 or commission.
15 (b) The department shall compile a report containing the
16 information required in subsection (a) and a proposed plan for
17 standardizing the service, maintenance and replacement of State
18 vehicles which promotes cost effectiveness and is intended to
19 reduce dependency on foreign petroleum.
20 (c) The department shall submit the report required by
21 subsection (b) to the Governor, the Speaker of the House of
22 Representatives and the President pro tempore of the Senate
23 within one hundred eighty (180) days of the effective date of
24 this act.
25 Section 4. This act shall take effect in 60 days.
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