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        PRIOR PRINTER'S NOS. 691, 1801                PRINTER'S NO. 2085

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 648 Session of 1989


        INTRODUCED BY LEMMOND, SHUMAKER, PECORA, JONES, SALVATORE,
           REIBMAN, BELL, MUSTO, O'PAKE, WILT, ANDREZESKI AND HELFRICK,
           MARCH 6, 1989

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, APRIL 3, 1990

                                     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," authorizing the Department
    21     of Corrections to enter into contracts with the Federal
    22     Government for the housing of State prisoners in Federal
    23     correctional facilities; and requiring CERTAIN State heating   <--
    24     systems to be fueled by coal.

    25     The General Assembly of the Commonwealth of Pennsylvania
    26  hereby enacts as follows:
    27     Section 1.  The act of April 9, 1929 (P.L.177, No.175), known
    28  as The Administrative Code of 1929, is amended by adding

     1  sections to read:
     2     Section 902-B.  Power to Contract.--The Department of
     3  Corrections may contract with the Federal Government for the
     4  housing of inmates in Federal correctional facilities.
     5     Section 2420.  State Heating Systems to be Fueled by Coal.--
     6  (a)  The following words and phrases when used in this article
     7  shall have, unless the context clearly indicates otherwise, the
     8  meanings given to them in this section:
     9     "Coal."  Coal produced from mines in Pennsylvania or any
    10  mixture or synthetic derived, in whole or in part, from coal
    11  produced from mines in Pennsylvania.
    12     "Mixture derived, in whole or in part, from coal."  Includes,
    13  but is not limited to, both the intermittent and the
    14  simultaneous burning of natural gas with coal or a coal
    15  derivative if the intermittent or simultaneous burning of
    16  natural gas would:
    17     (1)  lower the cost of using coal or a coal derivative
    18  produced from mines in Pennsylvania; or
    19     (2)  enable coal or a coal derivative produced from mines in
    20  Pennsylvania to be burned in compliance with present and
    21  reasonably anticipated environmental laws and regulations.
    22     (b)  Any heating system or heating unit installed in a
    23  facility owned by the State or by a State-related university on   <--
    24  or after the effective date of this act shall be fueled by coal.
    25     (c)  Any heating system or heating unit shall be exempt from
    26  the requirement of subsection (b) if the Secretary of General
    27  Services determines that:
    28     (1)  using coal as the fuel for that heating system or
    29  heating unit would violate existing or reasonably anticipated
    30  environmental laws or regulations;
    19890S0648B2085                  - 2 -

     1     (2)  using coal as the fuel for that heating system or
     2  heating unit would not be cost effective when compared to using
     3  other forms of energy;
     4     (3)  USING ELECTRICITY GENERATED PRIMARILY FROM THE            <--
     5  COMBUSTION OF COAL WOULD BE MORE COST EFFECTIVE WHEN COMPARED TO
     6  USING COAL AS THE FUEL FOR THAT HEATING SYSTEM OR HEATING UNIT;
     7     (3) (4)  the principal fuel for that heating system or         <--
     8  heating unit would be natural gas from wells located in
     9  Pennsylvania or wood from forests located in Pennsylvania, IF     <--
    10  SUCH FUEL WERE AT LEAST AS COST EFFECTIVE AS USING COAL AS THE
    11  FUEL; or
    12     (4) (5)  that heating system or heating unit was in or beyond  <--
    13  the design stage prior to the effective date of this act.
    14     (d)  In determining cost effectiveness under clause (2)        <--
    15  CLAUSES (2), (3) AND (4) of subsection (c), the Secretary of      <--
    16  General Services shall perform a life cycle cost analysis.
    17     (e)  The Secretary of General Services shall report to the
    18  Appropriations Committees of the House of Representatives and
    19  the Senate the basis for any determination that a heating system
    20  or heating unit shall be exempt from the requirement of
    21  subsection (b).
    22     Section 2.  This act shall take effect in 60 days.             <--
    23     SECTION 2.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:             <--
    24         (1)  SECTION 1 (SECTION 2420) OF THIS ACT SHALL TAKE
    25     EFFECT IN 60 DAYS.
    26         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    27     IMMEDIATELY.


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