Regular Session 2019-2020 House Bill 1636 P.N. 2142

PRINTER'S NO. 2142

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1636

Session of

2019

INTRODUCED BY FIEDLER, CEPHAS, SOLOMON, CALTAGIRONE, RABB,

KINSEY, SCHLOSSBERG, HILL-EVANS, ROEBUCK, PASHINSKI, OTTEN,

KENYATTA, SCHWEYER, McNEILL, STURLA, MULLINS, MARKOSEK,

YOUNGBLOOD, RAVENSTAHL, McCLINTON, MULLERY, BULLOCK, KIM,

FLYNN, A. DAVIS, BURGOS, FRANKEL, DeLUCA, DELLOSO, KRUEGER,

INNAMORATO AND CIRESI, JUNE 14, 2019

REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 14, 2019

AN ACT

Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An

act relating to tax reform and State taxation by codifying

and enumerating certain subjects of taxation and imposing

taxes thereon; providing procedures for the payment,

collection, administration and enforcement thereof; providing

for tax credits in certain cases; conferring powers and

imposing duties upon the Department of Revenue, certain

employers, fiduciaries, individuals, persons, corporations

and other entities; prescribing crimes, offenses and

penalties," 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 4, 1971 (P.L.6, No.2), known as

the Tax Reform Code of 1971, is amended by adding an article to

read:

ARTICLE XI-E

PUBLIC SCHOOL BUILDING EMERGENCY REPAIR

AND RENOVATION GRANT PROGRAM

Section 1101-E. Scope.

This article relates to the Public School Building Emergency

Repair and Renovation Grant Program.

Section 1102-E. 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

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health hazards, including mercury, radon, PCBs, mold, mildew,

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 1104-E.

"School district." As defined in section 102 of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949.

Section 1103-E. 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

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application is submitted.

under subsection (b) shall include:

(1) A detailed plan of each emergency repair and

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 1104-E. 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 1105-E. 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 1103-E(d).

(b) Distribution.--Money in the fund shall be distributed as

follows:

(1) The sum of $85,000,000 shall be allocated for grants

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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,

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 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949.

(ii) In financial watch status under Subchapter B of

Article VI-A of the Public School Code of 1949.

(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 of the Public

School Code of 1949.

(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).

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

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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.

(4) Minimum grant amounts.

Section 1106-E. Amount of grant.

Maximum grant amounts for a school district shall be as

follows:

(1) $2,000,000 for school districts under section 1105-

E(b)(2).

(2) $500,000 for school districts under section 1105-

E(b)(3).

Section 1107-E. Deposit and transfer of money.

On July 1, 2019, 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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