PRINTER'S NO. 1863
No. 1546 Session of 1999
INTRODUCED BY ARGALL, ALLEN, DAILEY, DeWEESE, FARGO, FEESE, GEORGE, HALUSKA, HERMAN, KAISER, LAUGHLIN, LEDERER, McCALL, PETRARCA, S. H. SMITH, SOLOBAY, STEELMAN, STERN, TANGRETTI, YOUNGBLOOD AND ZUG, MAY 17, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 17, 1999
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," further providing for State 21 heating systems to be fueled by coal. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 2420 of the act of April 9, 1929 25 (P.L.177, No.175), known as The Administrative Code of 1929, 26 added April 9, 1990 (P.L.115, No.28), is amended to read:
1 Section 2420. State Heating Systems to be Fueled by Coal.-- 2 (a) The following words and phrases when used in this article 3 shall have, unless the context clearly indicates otherwise, the 4 meanings given to them in this section: 5 "Coal." Coal produced from mines in Pennsylvania or any 6 mixture or synthetic derived, in whole or in part, from coal 7 produced from mines in Pennsylvania. 8 "Mixture derived, in whole or in part, from coal." Includes, 9 but is not limited to, both the intermittent and the 10 simultaneous burning of natural gas with coal or a coal 11 derivative if the intermittent or simultaneous burning of 12 natural gas would: 13 (1) lower the cost of using coal or a coal derivative 14 produced from mines in Pennsylvania; or 15 (2) enable coal or a coal derivative produced from mines in 16 Pennsylvania to be burned in compliance with present and 17 reasonably anticipated environmental laws and regulations. 18 (b) Any heating system or heating unit installed in a 19 facility owned by the State on or after the effective date of 20 this section shall be fueled by coal. 21 (b.1) Any State facility or agency that seeks to perform a 22 study or take any action that may result in the conversion of 23 its coal fired heating system to use a fuel other than coal 24 shall publish its intention in the Pennsylvania Bulletin and 25 shall report its intention to do so to the Department of General 26 Services within 90 days prior to beginning the study. 27 (b.2) Any report, finding or recommendations to the State 28 facility or agency as a result of the study shall be reported 29 immediately to the Secretary of General Services and the 30 Appropriations Committees of the Senate and the House of 19990H1546B1863 - 2 -
1 Representatives. 2 (c) Any heating system or heating unit shall be exempt from 3 the requirement of subsection (b) if the Secretary of General 4 Services determines that: 5 (1) using coal as the fuel for that heating system or 6 heating unit would violate existing or reasonably anticipated 7 environmental laws or regulations; 8 (2) using coal as the fuel for that heating system or 9 heating unit would not be cost effective when compared to using 10 other forms of energy; 11 (3) using electricity generated primarily from the 12 combustion of coal would be more cost effective when compared to 13 using coal as the fuel for that heating system or heating unit; 14 (4) the principal fuel for that heating system or heating 15 unit would be natural gas from wells located in Pennsylvania or 16 wood from forests located in Pennsylvania, if such fuel were at 17 least as cost effective as using coal as the fuel; or 18 (5) that heating system or heating unit was in or beyond the 19 design stage prior to the effective date of this act. 20 (d) In determining cost-effectiveness under clauses (2), (3) 21 and (4) of subsection (c), the Secretary of General Services 22 shall perform a life cycle cost analysis. 23 (d.1) At any State facility that exists on or is constructed 24 after the effective date of this subsection and where proposals 25 are solicited for coal to be supplied from remining or 26 reclamation projects, any bid that offers a coal heating system 27 shall be granted a bid preference equal to twenty-five per 28 centum (25%) of the total cost of the system against any other 29 bid that does not offer to fuel the system with coal. 30 (e) The Secretary of General Services shall report to the 19990H1546B1863 - 3 -
1 Appropriations Committees of the House of Representatives and 2 the Senate the basis for any determination that a heating system 3 or heating unit shall be exempt from the requirement of 4 subsection (b). 5 Section 2. This act shall take effect in 60 days. C15L71DMS/19990H1546B1863 - 4 -