1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," in powers and duties of
21Department of General Services and its departmental
22administrative and advisory boards and commissions, further
23providing for State heating system to be fueled by coal or
24natural gas.

25The General Assembly of the Commonwealth of Pennsylvania
26hereby enacts as follows:

27Section 1. Section 2420 of the act of April 9, 1929
28(P.L.177, No.175), known as The Administrative Code of 1929,
29amended December 23, 2003 (P.L.282, No.47), is amended to read:

1Section 2420. State Heating Systems to be Fueled by Coal or 
2Natural Gas.--(a) The following words and phrases when used in
3this article shall have, unless the context clearly indicates
4otherwise, the meanings given to them in this section:

5"Coal." Coal produced from mines in Pennsylvania or any
6mixture or synthetic derived, in whole or in part, from coal
7produced from mines in Pennsylvania.

8"Mixture derived, in whole or in part, from coal." Includes,
9but is not limited to, both the intermittent and the
10simultaneous burning of natural gas with coal or a coal
11derivative if the intermittent or simultaneous burning of
12natural gas would:

13(1) lower the cost of using coal or a coal derivative
14produced from mines in Pennsylvania; or

15(2) enable coal or a coal derivative produced from mines in
16Pennsylvania to be burned in compliance with present and
17reasonably anticipated environmental laws and regulations.

18"Natural gas." A fossil fuel consisting of a mixture of
19hydrocarbon gases, primarily methane, and possibly including
20ethane, propane, butane, pentane, carbon dioxide, oxygen,
21nitrogen and hydrogen sulfide and other gases. The term includes
22natural gas from oil fields known as associated gas or casing
23head gas, natural gas fields known as nonassociated gas, coal
24beds, shale beds and other formations. The term does not include
25coal bed methane.

26(b) Any heating system or heating unit installed in a
27facility owned by the State on or after the effective date of
28this section shall be fueled by coal or natural gas.

29(b.1) Any State facility or agency which seeks to perform a
30study or take any action which may result in the conversion of

1its coal-fired or natural gas heating system to use a fuel other
2than coal or natural gas shall publish its intention in the
3Pennsylvania Bulletin and shall report its intention to do so to
4the Department of General Services within 90 days prior to
5beginning the study.

6(b.2) Any report, finding or recommendations to the State
7facility or agency as a result of the study shall be reported
8immediately to the Secretary of General Services and the
9Appropriations Committee of the Senate and the Appropriations
10Committee of the House of Representatives.

11(c) Any heating system or heating unit shall be exempt from
12the requirement of subsection (b) if the Secretary of General
13Services determines that:

14(1) using coal or natural gas as the fuel for that heating
15system or heating unit would violate existing or reasonably
16anticipated environmental laws or regulations;

17(2) using coal or natural gas as the fuel for that heating
18system or heating unit would not be cost effective when compared
19to using other forms of energy;

20(3) using electricity generated primarily from the
21combustion of coal or natural gas would be more cost effective
22when compared to using coal or natural gas as the fuel for that
23heating system or heating unit;

24(4) the principal fuel for that heating system or heating
25unit would be [natural gas from wells located in Pennsylvania
26or] wood from forests located in Pennsylvania, if such fuel were
27at least as cost effective as using coal or natural gas as the
28fuel; or

29(5) that heating system or heating unit was in or beyond the
30design stage prior to the effective date of this act.

1(d) In determining cost-effectiveness under clauses (2), (3)
2and (4) of subsection (c), the Secretary of General Services
3shall perform a life cycle cost analysis.

4(e) The Secretary of General Services shall report to the
5Appropriations Committees of the House of Representatives and
6the Senate the basis for any determination that a heating system
7or heating unit shall be exempt from the requirement of
8subsection (b).

9Section 2. This act shall take effect in 60 days.