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                                                      PRINTER'S NO. 1680

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1338 Session of 2007


        INTRODUCED BY MACKERETH, BAKER, BOYD, DePASQUALE, GEIST,
           GIBBONS, GILLESPIE, GINGRICH, GRELL, HENNESSEY, M. KELLER,
           LEACH, R. MILLER, MOUL, MUSTIO, MYERS, PASHINSKI, PETRI,
           PICKETT, READSHAW, SCHRODER AND WATSON, MAY 24, 2007

        REFERRED TO COMMITTEE ON EDUCATION, MAY 24, 2007

                                     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," providing for a prototypical school
     6     facility design clearinghouse; and further providing for
     7     approved reimbursable rental for certain leases and approved
     8     reimbursable sinking fund charges on indebtedness.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    12  as the Public School Code of 1949, is amended by adding a
    13  section to read:
    14     Section 732.1.  Prototypical School Facility Design
    15  Clearinghouse.--(a)  The Department of Education shall establish
    16  a central clearinghouse of prototypical school facility designs
    17  for access by any school entity that may want to use a prototype
    18  design in the construction of school facilities. The Department
    19  of Education shall compile necessary publications and a computer
    20  database to make the information on prototype designs available

     1  for review to school entities and the public at large.
     2     (b)  Design professionals registered in the Commonwealth may
     3  submit plans for inclusion in the computer database that have
     4  been submitted and approved by the Department of Education in
     5  accordance with section 731. The original design professional of
     6  record shall retain ownership of a prototype design.
     7  Prototypical school facility designs submitted shall include
     8  information that the Department of Education determines is
     9  necessary and appropriate to facilitate this section.
    10     (c)  The Department of Education shall establish a grading
    11  system to review and evaluate plans submitted pursuant to this
    12  section using standards which promote the following:
    13     (1)  The use of design principles to achieve the highest
    14  standards of health, safety, accessibility, environmental
    15  protection and energy efficiency.
    16     (2)  The academic and technological needs of students.
    17     (3)  The use of cost-effective design and construction
    18  techniques, including the use of straight-line, right-angle
    19  design principles and avoiding the use of curved and
    20  nonsymmetrical design.
    21     (4)  The use of design principles that allow for expansion of
    22  school facilities to accommodate future growth in student
    23  population.
    24     (5)  The use of durable materials in construction.
    25     (6)  The preservation of open space.
    26     (d)  The Department of Education shall adopt rules necessary
    27  to implement this section.
    28     (e)  The Legislative Budget and Finance Committee shall
    29  conduct a study of the Department of Education's clearinghouse
    30  and determine the savings incurred by school entities that have
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     1  sought access to the clearinghouse. The study shall be conducted
     2  at the conclusion of the fifth year the clearinghouse is
     3  accessible to school entities, shall include participation since
     4  inception and shall be presented within six (6) months of the
     5  period studied to the chairman of the Education Committee of the
     6  Senate and the chairman of the Education Committee of the House
     7  of Representatives.
     8     (f)  As used in this section, the term "school entity" means
     9  a school district, intermediate unit, area vocational-technical
    10  school or charter school operating within this Commonwealth
    11  under provisions of this act.
    12     Section 2.  Section 2574(b)(1) and (c) introductory paragraph
    13  and (1) of the act, added March 22, 1956 (1955 P.L.1315,
    14  No.417), are amended to read:
    15     Section 2574.  Approved Reimbursable Rental for Leases
    16  Hereafter Approved and Approved Reimbursable Sinking Fund
    17  Charges on Indebtedness.--* * *
    18     (b)  For new school buildings the approved building
    19  construction cost shall be the lesser of
    20     (1)  The cost of constructing the school buildings including
    21  the cost of essential fixtures and equipment and the cost of
    22  employing a construction manager to oversee the new school
    23  construction but excluding architect's fees in excess of six per
    24  cent (6%) of the contract price, or
    25     * * *
    26     (c)  For additions [or], alterations or improvements,
    27  including, but not limited to, capital improvements, related to
    28  school safety to existing buildings approved building
    29  construction cost shall be the lesser of
    30     (1)  The cost of constructing the additions [or], alterations
    20070H1338B1680                  - 3 -     

     1  or improvements, including, but not limited to, capital
     2  improvements, related to school safety including the cost of
     3  essential fixtures and equipment and the cost of employing a
     4  construction manager to oversee the school additions or
     5  alterations but excluding architect's fees in excess of six per
     6  cent (6%) of the contract price, or
     7     * * *
     8     Section 3.  This act shall take effect as follows:
     9         (1)  The addition of section 732.1 of the act shall take
    10     effect in 180 days.
    11         (2)  The amendment of section 2574 of the act shall take
    12     effect in 60 days.
    13         (3)  This section shall take effect immediately.












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