PRINTER'S NO. 706
No. 633 Session of 2005
INTRODUCED BY HERSHEY, RUBLEY, MANN, BUNT, GEORGE, BAKER,
BALDWIN, BASTIAN, CREIGHTON, CURRY, DALEY, GINGRICH, HARPER,
HENNESSEY, HERMAN, M. KELLER, LEACH, R. MILLER, S. MILLER,
MUNDY, PHILLIPS, PICKETT, READSHAW, ROSS, SAYLOR, SCHRODER,
SEMMEL, TANGRETTI, THOMAS, WATSON, WILT, YOUNGBLOOD AND ZUG,
FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 16, 2005
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for definitions,
6 for purchases of alternative fuel vehicles and for minimum
7 school building design standards; and making editorial
8 changes.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2501 of the act of March 10, 1949
12 (P.L.30, No.14), known as the Public School Code of 1949, is
13 amended by adding definitions to read:
14 Section 2501. Definitions.--For the purposes of this article
15 the following terms shall have the following meanings:
16 * * *
17 (24) "Dedicated Alternative Fuel Vehicle." A vehicle which
18 runs exclusively on an alternative fuel.
19 (25) "Dual Fuel Vehicle." A vehicle that operates on an
1 alternative fuel and gasoline or an alternative fuel and diesel
2 fuel.
3 (26) "Alternative Fuel." A motor vehicle fuel which, when
4 compared to conventional gasoline or reformulated gasoline, will
5 result in lower emissions of oxides of nitrogen (NOx), volatile
6 organic compounds (VOC), carbon monoxide (CO), particulates or
7 any combination thereof. These include compressed natural gas
8 (CNG), liquefied natural gas (LNG), liquid petroleum propane gas
9 (LPG), alcohols, hydrogen, hythane (H2 and CNG), electricity,
10 coal-derived liquid fuels, fuels derived from biological
11 materials, and other fuels that the Secretary of Energy
12 determines by rule as meeting the requirements of section 301 of
13 the Energy Policy Act of 1992 (Public Law 102-486, 42 U.S.C. §
14 13211(2)).
15 (27) "Leadership in Energy and Environmental Design (LEED)
16 Green Building Rating System." A voluntary, consensus-based,
17 market-driven building rating system established by the United
18 States Green Building Council which is based on accepted energy
19 and environmental principles and existing proven technology and
20 which is designed for rating new and existing commercial,
21 institutional, and high-rise residential buildings.
22 Section 2. Section 2541(a) of the act, amended December 21,
23 1998 (P.L.1194, No.154), is amended and the section is amended
24 by adding subsections to read:
25 Section 2541. Payments on Account of Pupil Transportation.--
26 (a) [School] Except as provided for in subsections (a.1) and
27 (a.2), school districts shall be paid by the Commonwealth for
28 every school year on account of pupil transportation which, and
29 the means and contracts providing for which, have been approved
30 by the Department of Education, in the cases hereinafter
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1 enumerated, an amount to be determined by multiplying the cost
2 of approved reimbursable pupil transportation incurred by the
3 district by the district's aid ratio. In determining the formula
4 for the cost of approved reimbursable transportation, the
5 Secretary of Education may prescribe the methods of determining
6 approved mileages and the utilized passenger capacity of
7 vehicles for reimbursement purposes. For the school year 1998-
8 1999 and each school year thereafter, any school entity which
9 contracts with one or more school entities to provide pupil
10 transportation services shall be reimbursed in accordance with
11 the formula specified by the Department of Education for
12 district-owned vehicles. In addition thereto, the Commonwealth
13 shall pay to each district qualifying a payment for excessive
14 cost of transportation, said amount to be determined by
15 subtracting from the cost of the approved reimbursable
16 transportation the sum of the Commonwealth transportation
17 payment immediately above, plus the product of one-half mill
18 (0.0005) times the latest market value of the district as
19 determined by the State Tax Equalization Board, provided such
20 amount is not negative. In addition thereto, the Commonwealth
21 shall pay to school districts which own their own vehicles, an
22 annual depreciation charge of ten per centum (10%), to be
23 calculated on the basis of the approved cost at which the
24 district acquired the vehicle for which depreciation is claimed.
25 With respect to vehicles purchased prior to January 1, 1956, the
26 number of depreciation payments shall be limited to ten such
27 payments. With respect to vehicles purchased on or after January
28 1, 1956, the annual depreciation charge shall not exceed seven
29 hundred dollars ($700) for such vehicles. The number of annual
30 depreciation charges shall be limited, so that the total amount
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1 of such payments shall not exceed the cost of the vehicle as
2 approved by the Department of Education at the time of the
3 purchase. [In] Except as provided for in subsections (a.1) and
4 (a.2), in no case shall the Commonwealth pay, in depreciation
5 charges, more than ten thousand five hundred dollars ($10,500)
6 for any one vehicle.
7 (a.1) For school districts purchasing and operating
8 dedicated alternative fuel vehicles or school districts
9 contracting for the operation of dedicated alternative fuel
10 vehicles, the amount to be paid by the Commonwealth for every
11 school year on account of pupil transportation which, and the
12 means and contracts providing for which, have been approved by
13 the Department of Education shall be the total determined by the
14 formula contained in subsection (a) and an additional two per
15 centum (2%). In addition thereto, the Commonwealth shall pay to
16 school districts which, own their own vehicles and which replace
17 their own vehicles with dedicated alternative fuel vehicles, an
18 annual depreciation charge of twelve per centum (12%), to be
19 calculated as specified in subsection (a). With respect to
20 vehicles purchased on or after January 1, 1981, the annual
21 depreciation charge shall not exceed one thousand five hundred
22 dollars ($1,500) for such vehicles. The number of annual
23 depreciation charges shall be limited, so that the total amount
24 of such payments shall not exceed the cost of the vehicle as
25 approved by the Department of Education at the time of the
26 purchase. In no case shall the Commonwealth pay, in depreciation
27 charges, more than twenty-five thousand dollars ($25,000) for
28 any one vehicle.
29 (a.2) For school districts purchasing and operating dual
30 fuel vehicles or school districts contracting for the operation
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1 of dual fuel vehicles, the amount to be paid by the Commonwealth
2 for every school year on account of pupil transportation which,
3 and the means and contracts providing for which, have been
4 approved by the Department of Education shall be the total
5 determined by the formula contained in subsection (a) and up to
6 an additional two per centum (2%) prorated by the per centum
7 blend of alternative fuel used in the vehicle. In addition
8 thereto, the Commonwealth shall pay to school districts which
9 own their own vehicles and which replace their own vehicles with
10 dual fuel vehicles, an annual depreciation charge of up to
11 twelve per centum (12%) to be calculated as specified in
12 subsection (a) and prorated by the percent blend of alternative
13 fuel used in the vehicle. The number of annual depreciation
14 charges shall be limited, so that the total amount of such
15 payments shall not exceed the cost of the vehicle as approved by
16 the Department of Education at the time of purchase. In no case
17 shall the Commonwealth pay, in depreciation charges, more than
18 twenty-five thousand dollars ($25,000) for any one vehicle.
19 * * *
20 Section 3. Section 2574(b) and (c) of the act, amended June
21 12, 1968 (P.L.192, No.96) and July 10, 1987 (P.L.286, No.50),
22 are amended to read:
23 Section 2574. Approved Reimbursable Rental for Leases
24 Hereafter Approved and Approved Reimbursable Sinking Fund
25 Charges on Indebtedness.--* * *
26 (b) For new school buildings the approved building
27 construction cost shall be the lesser of
28 (1) The cost of constructing the school buildings including
29 the cost of essential fixtures and equipment but excluding
30 architect's fees in excess of six per cent (6%) of the contract
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1 price, or
2 (2) The product of the rated pupil capacity as determined by
3 the Department of [Public Instruction] Education at the time the
4 project is approved and (i) one thousand one hundred dollars
5 ($1100) in the case of elementary schools, (ii) one thousand
6 seven hundred dollars ($1700) in the case of secondary schools,
7 (iii) an amount in the case of combined elementary-secondary
8 schools obtained by multiplying the rated elementary pupil
9 capacity by one thousand one hundred dollars ($1100) and the
10 rated secondary pupil capacity by one thousand seven hundred
11 dollars ($1700) and dividing the sum by the total rated pupil
12 capacity.
13 (3) The provisions of clause (2) of subsection (b) hereof
14 shall apply to all school building projects for which the
15 general construction contract is awarded prior to July 1, 1966,
16 and for approved school building projects for which a lease was
17 approved by the Department of [Public Instruction] Education
18 prior to July 1, 1966. For school buildings for which the
19 general construction contract is awarded subsequent to July 1,
20 1966 and for approved school building projects for which the
21 general construction contract was awarded but for which a lease
22 was not approved by the Department of [Public Instruction]
23 Education prior to July 1, 1966, the product of the rated pupil
24 capacity as determined by the Department of [Public Instruction]
25 Education at the time the project is approved and (i) two
26 thousand three hundred dollars ($2300) in the case of elementary
27 schools, (ii) three thousand dollars ($3000) in the case of
28 secondary schools, (iii) an amount in the case of combined
29 elementary-secondary schools obtained by multiplying the rated
30 elementary pupil capacity by two thousand three hundred dollars
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1 ($2300) and the rated secondary pupil capacity by three thousand
2 dollars ($3000) and dividing the sum by the total rated pupil
3 capacity.
4 (3.1) For school buildings for which the general
5 construction contract is awarded subsequent to July 1, 1984, and
6 for approved school building projects for which the general
7 construction contract was awarded but for which a lease or
8 general obligation bond resolution was not approved by the
9 Department of Education prior to July 1, 1984, the product of
10 the rated pupil capacity as determined by the Department of
11 Education at the time the project is approved and (i) three
12 thousand nine hundred dollars ($3,900) in the case of elementary
13 schools, (ii) five thousand one hundred dollars ($5,100) in the
14 case of secondary schools, (iii) an amount in the case of
15 combined elementary-secondary schools obtained by multiplying
16 the rated elementary pupil capacity by three thousand nine
17 hundred dollars ($3,900) and the rated secondary pupil capacity
18 by five thousand one hundred dollars ($5,100) and dividing the
19 sum by the total rated pupil capacity.
20 (4) For school buildings adhering to minimum design
21 standards published in the Leadership in Energy and
22 Environmental Design (LEED) Green Building Rating System for
23 which the general construction contract is awarded on or after
24 July 1, 2005, the product of the rated pupil capacity as
25 determined by the Department of Education at the time the
26 project is approved and (i) four thousand seven hundred dollars
27 ($4,700) in the case of elementary schools, (ii) six thousand
28 two hundred dollars ($6,200) in the case of secondary schools,
29 (iii) an amount in the case of combined elementary-secondary
30 schools obtained by multiplying the rated elementary pupil
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1 capacity by four thousand seven hundred dollars ($4,700) and the
2 rated secondary pupil capacity by six thousand two hundred
3 dollars ($6,200) and dividing the sum by the total rated pupil
4 capacity. No payment shall be approved until the Department of
5 Education has certified that the minimum design standards of the
6 LEED Green Building Rating System have been achieved to the
7 extent possible as determined by the Secretary of Education.
8 (c) For additions or alterations to existing buildings
9 approved building construction cost shall be the lesser of
10 (1) The cost of constructing the additions or alterations
11 including the cost of essential fixtures and equipment but
12 excluding architect's fees in excess of six per cent (6%) of the
13 contract price, or
14 (2) The difference obtained by subtracting the appraisal
15 value of the existing building from the product of rated pupil
16 capacity of the altered or expanded building as determined by
17 the Department of [Public Instruction] Education at the time the
18 project is approved and (i) one thousand one hundred dollars
19 ($1100) in the case of elementary schools, (ii) one thousand
20 seven hundred dollars ($1700) in the case of secondary schools,
21 (iii) an amount in the case of combined elementary-secondary
22 schools obtained by multiplying the rated elementary pupil
23 capacity of the altered or expanded building by one thousand one
24 hundred dollars ($1100) and the rated secondary pupil capacity
25 of the altered or expanded building by one thousand seven
26 hundred dollars ($1700) and dividing the sum by the total rated
27 pupil capacity of the altered or expanded building.
28 Appraisal value shall be the valuation made immediately
29 before the additions or alterations are begun by three competent
30 appraisers, one appointed by the school authorities, one by the
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1 Superintendent of [Public Instruction] Education, and the third
2 by the other two.
3 (3) The provisions of clause (2) of subsection (c) hereof
4 shall apply to all school building projects for which the
5 general construction contract is awarded prior to July 1, 1966
6 and for approved school building projects for which a lease was
7 approved by the Department of [Public Instruction] Education
8 prior to July 1, 1966. For school buildings for which the
9 general construction contract is awarded subsequent to July 1,
10 1966 and for approved school building projects for which the
11 general construction contract was awarded but for which a lease
12 was not approved by the Department of [Public Instruction]
13 Education prior to July 1, 1966, the difference obtained by
14 subtracting the appraisal value of the existing building from
15 the product of rated pupil capacity of the altered or expanded
16 building as determined by the Department of [Public Instruction]
17 Education at the time the project is approved and (i) two
18 thousand three hundred dollars ($2300) in the case of elementary
19 schools, (ii) three thousand dollars ($3000) in the case of
20 secondary schools, (iii) an amount in the case of combined
21 elementary-secondary schools obtained by multiplying the rated
22 elementary pupil capacity of the altered or expanded building by
23 two thousand three hundred dollars ($2300) and the rated
24 secondary pupil capacity of the altered or expanded building by
25 three thousand dollars ($3000) and dividing the sum by the total
26 rated pupil capacity of the altered or expanded building.
27 Appraisal value shall be the valuation made immediately
28 before the additions or alterations are begun by three competent
29 appraisers, one appointed by the school authorities, one by the
30 [Superintendent of Public Instruction] Secretary of Education,
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1 and the third by the other two.
2 (3.1) For school buildings for which the general
3 construction contract is awarded subsequent to July 1, 1984, and
4 for approved school building projects for which the general
5 construction contract was awarded but for which a lease or
6 general obligation bond resolution was not approved by the
7 Department of Education prior to July 1, 1984, the difference
8 obtained by subtracting the appraisal value of the existing
9 building from the product of the rated pupil capacity of the
10 altered or expanded building as determined by the Department of
11 Education at the time the project is approved and (i) three
12 thousand nine hundred dollars ($3,900) in the case of elementary
13 schools, (ii) five thousand one hundred dollars ($5,100) in the
14 case of secondary schools, (iii) an amount in the case of
15 combined elementary-secondary schools obtained by multiplying
16 the rated elementary pupil capacity by three thousand nine
17 hundred dollars ($3,900) and the rated secondary pupil capacity
18 by five thousand one hundred dollars ($5,100) and dividing the
19 sum by the total rated pupil capacity of the altered or expanded
20 building.
21 (4) For school buildings adhering to minimum design
22 standards of the Leadership in Energy and Environmental Design
23 (LEED) Green Building Rating system for which the general
24 construction contract is awarded on or after July 1, 2005, the
25 difference obtained by subtracting the appraisal value of the
26 existing building from the product of the rated pupil capacity
27 of the altered or expanded building as determined by the
28 Department of Education at the time the project is approved and
29 (i) four thousand seven hundred dollars ($4,700) in the case of
30 elementary schools, (ii) six thousand two hundred dollars
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1 ($6,200) in the case of secondary schools, (iii) an amount in
2 the case of combined elementary-secondary schools obtained by
3 multiplying the rated elementary pupil capacity by four thousand
4 seven hundred dollars ($4,700) and the rated secondary pupil
5 capacity by six thousand two hundred dollars ($6,200) and
6 dividing the sum by the total rated pupil capacity of the
7 altered or expanded building. No payment shall be approved until
8 the Department of Education has certified that the minimum
9 design standards of the LEED Green Building Rating System have
10 been achieved to the extent possible as determined by the
11 Secretary of Education.
12 * * *
13 Section 4. This act shall take effect in 60 days.
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