PRIOR PRINTER'S NOS. 1605, 1898, 1972 PRINTER'S NO. 2257
No. 1166 Session of 2006
INTRODUCED BY WENGER, MARCH 17, 2006
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 21, 2006
AN ACT
1 Providing for the capital budget for the fiscal year 2006-2007
2 and itemizing PUBLIC IMPROVEMENT, transportation assistance <--
3 and redevelopment assistance CAPITAL projects to be <--
4 constructed or acquired or assisted by THE DEPARTMENT OF <--
5 GENERAL SERVICES, the Department of Community and Economic
6 Development and the Department of Transportation, together
7 with their estimated financial costs; authorizing the
8 incurring of debt without the approval of the electors for
9 the purpose of financing the projects to be constructed or
10 acquired or assisted by THE DEPARTMENT OF GENERAL SERVICES, <--
11 the Department of Community and Economic Development and the
12 Department of Transportation; stating the estimated useful
13 life of the projects; and making appropriations.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title and construction.
17 (a) Short title.--This act shall be known and may be cited
18 as the Capital Budget and Project Itemization Act of 2006-2007.
19 (b) Supplements.--A reference to this act shall be deemed to
20 include a reference to the supplements to this act.
21 (c) Capital Facilities Debt Enabling Act.--The provisions
22 and definitions of Chapter 3 of the act of February 9, 1999
23 (P.L.1, No.1), known as the Capital Facilities Debt Enabling
1 Act, shall apply to this act to the extent they are not
2 inconsistent with this act.
3 Section 2. Overall limitations on debt to be incurred for
4 capital projects.
5 The maximum principal amount of additional debt to be
6 incurred during the 2006-2007 fiscal year, and thereafter until
7 the enactment of the 2007-2008 capital budget specifying the
8 maximum debt for the 2007-2008 fiscal year, for capital projects
9 specifically itemized in a capital budget pursuant to section
10 7(a)(4) of Article VIII of the Constitution of Pennsylvania, and
11 the fund to be charged with the repayment of such debt, shall,
12 with respect to each category of capital projects, be as
13 follows:
14 Category Amount Fund
15 (1) Public Improvement
16 Projects:
17 (i) Buildings and General Fund or
18 Structures $445,000,000 Special Fund as
19 applicable
20 (2) Furniture and General Fund or
21 Equipment 5,000,000 Special Fund as
22 applicable
23 (3) Transportation
24 Assistance Projects 155,000,000 General Fund
25 (4) Redevelopment
26 Assistance Projects 230,000,000 General Fund <--
27 ASSISTANCE CAPITAL PROJECTS 400,000,000 GENERAL FUND <--
28 (5) Flood Control
29 Projects 10,000,000 General Fund
30 Total $845,000,000 <--
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1 TOTAL $1,015,000,000 <--
2 Section 3. Total authorizations.
3 (A) PUBLIC IMPROVEMENTS.--THE TOTAL AUTHORIZATION FOR THE <--
4 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
5 IMPROVEMENT PROJECTS ITEMIZED IN SECTION 4 AND TO BE ACQUIRED OR
6 CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
7 SUCCESSORS OR ASSIGNS AND TO BE FINANCED BY THE INCURRING OF
8 DEBT SHALL BE $38,134,000.
9 (a) (B) Transportation assistance.--The total authorization <--
10 for the capital projects in the category of transportation
11 assistance projects itemized in section 4 5 with respect to <--
12 which an interest is to be acquired in or constructed by the
13 Department of Transportation, its successors or assigns and to
14 be financed by the incurring of debt shall be $10,000,000 <--
15 $10,500,000. <--
16 (b) (C) Redevelopment assistance.--The total authorization <--
17 for additional capital projects in the category of redevelopment
18 assistance projects itemized in section 5 CAPITAL PROJECTS <--
19 ITEMIZED IN SECTION 6 and to be acquired or constructed by the
20 Department of Community and Economic Development, its successors
21 or assigns and to be financed by the incurring of debt shall be
22 $30,250,000 $126,250,000. <--
23 SECTION 4. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS. <--
24 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
25 IMPROVEMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
26 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS AND TO
27 BE FINANCED BY THE INCURRING OF DEBT ARE HEREBY ITEMIZED,
28 TOGETHER WITH THEIR RESPECTED ESTIMATED FINANCIAL COSTS AS
29 FOLLOWS:
30 PROJECT TOTAL
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1 PROJECT
2 ALLOCATION
3 (1) DEPARTMENT OF CORRECTIONS
4 (I) FOREST COUNTY - STATE CORRECTIONAL
5 INSTITUTION
6 (A) ADDITIONAL FUNDS FOR DGS 377-1,
7 CONSTRUCTION OF A 1,000 CELL FACILITY 13,134,000
8 (2) DEPARTMENT OF EDUCATION
9 (I) STATE LIBRARY
10 (A) IMPROVEMENTS AND RENOVATIONS TO THE
11 STATE LIBRARY OF PENNSYLVANIA FOR THE
12 RARE BOOKS COLLECTION, INCLUDING
13 NECESSARY STRUCTURAL SUPPORTS,
14 VENTILATION, TEMPERATURE AND HUMIDITY
15 CONTROLS 10,000,000
16 (3) DEPARTMENT OF GENERAL SERVICES
17 (I) CAPITOL COMPLEX
18 (A) ADDITIONAL FUNDS FOR THE RENOVATION,
19 RESTORATION AND REHABILITATION OF THE
20 NORTH OFFICE BUILDING, INCLUDING, BUT
21 NOT LIMITED TO, LIFE SAFETY CODE, HVAC,
22 SECURITY AND TELECOMMUNICATION
23 IMPROVEMENTS AND ENHANCEMENTS 15,000,000
24 Section 4 5. Itemization of transportation assistance projects. <--
25 Additional capital projects in the category of transportation
26 assistance projects for air transportation service to which an
27 interest is to be acquired by the Department of Transportation,
28 its successors or assigns and to be financed by the incurring of
29 debt are hereby itemized, together with their respective
30 estimated financial costs, as follows:
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1 Project Total
2 Project
3 Allocation
4 (1) Allegheny County
5 (i) Allegheny County Airport Authority
6 (A) Construction, infrastructure and other
7 costs for a de-icing stormwater
8 treatment facility 10,000,000
9 (2) CENTRE COUNTY <--
10 (I) CENTRE COUNTY AIRPORT AUTHORITY
11 (A) CONSTRUCTION OF A TOWER FACILITY FOR
12 AIR TRAFFIC CONTROL AND AIRPORT
13 OPERATIONS INCLUDING INFRASTRUCTURE
14 IMPROVEMENTS AND EQUIPMENT 500,000
15 Section 5 6. Itemization of redevelopment assistance CAPITAL <--
16 projects.
17 Additional capital projects in the category of redevelopment
18 assistance CAPITAL projects for capital grants by the Department <--
19 of Community and Economic Development, its successors and
20 assigns, authorized under the provisions of the act of May 20,
21 1949 (P.L.1633, No.493), known as the Housing and Redevelopment
22 Assistance Law, and redevelopment assistance capital projects
23 and to be financed by the incurring of debt, are hereby
24 itemized, together with their respective estimated financial
25 costs, as follows:
26 Project Total
27 Project
28 Allocation
29 (1) Department of Community and <--
30 Economic Development
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1 (i) Bucks County - West Rockhill Township
2 (A) Construction, infrastructure and other
3 related costs for municipal facilities $5,000,000
4 (ii) Clearfield County - Lawrence Township
5 (A) Construction, infrastructure and other
6 related costs to develop a public
7 safety training complex 1,000,000
8 (iii) Clinton County - Lock Haven Borough
9 (A) Construction, infrastructure and other
10 related costs for a pedestrian mall 5,750,000
11 (B) Construction, infrastructure and other
12 related costs for a business district
13 improvement and university improvement
14 project 500,000
15 (C) Construction, infrastructure and other
16 related costs for an alternative energy
17 facility 4,000,000
18 (D) Acquisition, construction,
19 infrastructure and other related costs
20 for an alumni center 4,000,000
21 (iv) Lycoming County
22 (A) Acquisition of a large service
23 facility to serve MH/MR clients 2,000,000
24 (v) Philadelphia County - Philadelphia
25 (A) Construction, infrastructure and other
26 related costs for the International
27 House 6,500,000
28 (B) Construction, infrastructure and other
29 related costs for the Ronald McDonald
30 House in conjunction with Saint
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1 Christopher's Children's Hospital 1,000,000
2 (vi) Washington County
3 (A) Construction, infrastructure and other
4 related costs for stadium project 500,000
5 (1) ADAMS COUNTY (RESERVED) <--
6 (2) ALLEGHENY COUNTY
7 (I) CITY OF PITTSBURGH
8 (A) VETERAN'S PLACE SERVICE CENTER,
9 CONSTRUCTION OF SERVICE CENTER FOR
10 VETERANS FOR CLINICAL, EDUCATIONAL AND
11 VOCATION PROGRAMS 500,000
12 (II) MONROEVILLE
13 (A) CEDARS COMMUNITY HOSPICE, EXPANSION
14 CONSTRUCTION 1,000,000
15 (III) PLUM BOROUGH
16 (A) WELLNESS CENTER AT BOYCE PARK,
17 CONSTRUCTION OF ACTIVITIES AND LIFE
18 SKILLS CENTER FOR SENIOR CITIZENS 2,000,000
19 (IV) STOWE TOWNSHIP
20 (A) ACQUISITION, INFRASTRUCTURE
21 IMPROVEMENTS AND SITE REMEDIATION FOR
22 MANUFACTURING SITE, NICHOL AVENUE 5,000,000
23 (9) BUCKS COUNTY
24 (I) EAST ROCKHILL AND WEST ROCKHILL TOWNSHIPS
25 (A) CONSTRUCTION, INFRASTRUCTURE AND OTHER
26 RELATED COSTS FOR MUNICIPAL FACILITIES 5,000,000
27 (10) BUTLER COUNTY
28 (I) CITY OF BUTLER
29 (A) CONSTRUCTION OF A MINOR LEAGUE
30 BASEBALL FACILITY AND SPORTS COMPLEX 11,000,000
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1 (17) CLEARFIELD COUNTY
2 (I) LAWRENCE TOWNSHIP
3 (A) CONSTRUCTION, INFRASTRUCTURE AND OTHER
4 RELATED COSTS TO DEVELOP A PUBLIC
5 SAFETY TRAINING COMPLEX 1,000,000
6 (18) CLINTON COUNTY
7 (I) CITY OF LOCK HAVEN
8 (A) CONSTRUCTION, INFRASTRUCTURE AND OTHER
9 RELATED COSTS FOR A PEDESTRIAN MALL 5,750,000
10 (B) CONSTRUCTION, INFRASTRUCTURE AND OTHER
11 RELATED COSTS FOR A BUSINESS DISTRICT
12 IMPROVEMENT AND UNIVERSITY IMPROVEMENT
13 PROJECT 500,000
14 (C) CONSTRUCTION, INFRASTRUCTURE AND OTHER
15 RELATED COSTS FOR AN ALTERNATIVE ENERGY
16 FACILITY 4,000,000
17 (D) ACQUISITION, CONSTRUCTION,
18 INFRASTRUCTURE AND OTHER RELATED COSTS
19 FOR AN ALUMNI CENTER 4,000,000
20 (33) JEFFERSON COUNTY
21 (I) BROOKVILLE BOROUGH
22 (A) CONSTRUCTION OF A DIAGNOSTIC CENTER AT
23 THE BROOKVILLE HOSPITAL INCLUDING
24 INFRASTRUCTURE IMPROVEMENTS AND
25 EQUIPMENT 2,000,000
26 (39) LEHIGH COUNTY
27 (I) LEHIGH VALLEY ECONOMIC DEVELOPMENT
28 CORPORATION
29 (A) CONSTRUCTION OF A HIGH-TECH COLD
30 STORAGE DISTRIBUTION FACILITY FOR
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1 AMGEN, INC., TO BE LOCATED IN UPPER
2 MACUNGIE TOWNSHIP, INCLUDING LAND
3 ACQUISITION 30,000,000
4 (41) LYCOMING COUNTY
5 (I) COUNTY PROJECTS
6 (A) ACQUISITION OF A LARGE SERVICE
7 FACILITY TO SERVE MH/MR CLIENTS 2,000,000
8 (48) NORTHAMPTON COUNTY
9 (I) LEHIGH VALLEY ECONOMIC DEVELOPMENT
10 CORPORATION
11 (A) CONSTRUCTION OF A HIGH-TECH COLD
12 STORAGE DISTRIBUTION FACILITY FOR
13 AMGEN, INC., TO BE LOCATED IN HANOVER
14 TOWNSHIP, INCLUDING LAND ACQUISITION 30,000,000
15 (51) PHILADELPHIA COUNTY
16 (I) COUNTY PROJECTS
17 (A) CONSTRUCTION, INFRASTRUCTURE AND OTHER
18 RELATED COSTS FOR THE INTERNATIONAL
19 HOUSE 6,500,000
20 (B) CONSTRUCTION, INFRASTRUCTURE AND OTHER
21 RELATED COSTS FOR THE RONALD MCDONALD
22 HOUSE IN CONJUNCTION WITH SAINT
23 CHRISTOPHER'S CHILDREN'S HOSPITAL 1,000,000
24 (C) ROXBOROUGH YMCA, CONSTRUCTION OF
25 ADDITION 3,000,000
26 (D) ALLENS LANE ART CENTER, CONSTRUCTION,
27 INFRASTRUCTURE AND OTHER RELATED COSTS 500,000
28 (56) SOMERSET COUNTY
29 (I) COUNTY PROJECTS
30 (A) ALLEGHENY COLLEGE OF MARYLAND,
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1 SOMERSET CAMPUS, CONSTRUCTION OF A
2 SOMERSET COUNTY AGRICULTURAL SERVICES
3 CENTER TO INCLUDE CLASSROOMS,
4 LABORATORIES AND OFFICES FOR
5 AGRICULTURAL SERVICE AGENCIES 1,000,000
6 (63) WASHINGTON COUNTY
7 (I) COUNTY PROJECTS
8 (A) CONSTRUCTION, INFRASTRUCTURE AND OTHER
9 RELATED COSTS FOR STADIUM PROJECT 500,000
10 (68) MULTIPLE COUNTY PROJECTS
11 (I) PHILADELPHIA AND MONTGOMERY COUNTIES
12 (A) CITY AVENUE SPECIAL SERVICES DISTRICT
13 STREETSCAPE IMPROVEMENTS 10,000,000
14 Section 6 7. Debt authorization. <--
15 (A) PUBLIC IMPROVEMENTS.--THE GOVERNOR, AUDITOR GENERAL AND <--
16 STATE TREASURER ARE HEREBY AUTHORIZED AND DIRECTED TO BORROW
17 FROM TIME TO TIME IN ADDITION TO ANY AUTHORIZATION HERETOFORE OR
18 HEREAFTER ENACTED, ON THE CREDIT OF THE COMMONWEALTH, SUBJECT TO
19 THE LIMITATIONS PROVIDED IN THE CURRENT CAPITAL BUDGET, MONEY
20 NOT EXCEEDING IN THE AGGREGATE SUM OF $38,134,000 AS MAY BE
21 FOUND NECESSARY TO CARRY OUT THE ACQUISITION AND CONSTRUCTION OF
22 THE PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A
23 CAPITAL BUDGET.
24 (a) (B) Transportation assistance.--The Governor, the <--
25 Auditor General and the State Treasurer are hereby authorized
26 and directed to borrow from time to time in addition to any
27 authorization heretofore or hereafter enacted, on the credit of
28 the Commonwealth, subject to the limitations provided in the
29 current capital budget, money not exceeding in the aggregate the
30 sum of $10,000,000 $10,500,000 as may be found necessary to <--
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1 carry out the acquisition and construction of the transportation
2 assistance projects specifically itemized in a capital budget.
3 (b) (C) Redevelopment assistance.--Subject to the limitation <--
4 in section 317(b) of the act of February 9, 1999 (P.L.1, No.1),
5 known as the Capital Facilities Debt Enabling Act, the Governor,
6 the Auditor General and the State Treasurer are hereby
7 authorized and directed to borrow from time to time in addition
8 to any authorization heretofore or hereafter enacted, on the
9 credit of the Commonwealth, subject to the limitations provided
10 in the current capital budget, money not exceeding in the
11 aggregate the sum of $30,250,000 $126,250,000 as may be found <--
12 necessary to carry out the redevelopment assistance and the <--
13 redevelopment assistance capital projects specifically itemized
14 in a capital budget.
15 Section 7 8. Issue of bonds. <--
16 The indebtedness authorized in this act shall be incurred
17 from time to time and shall be evidenced by one or more series
18 of general obligation bonds of the Commonwealth in such
19 aggregate principal amount for each series as the Governor, the
20 Auditor General and the State Treasurer shall determine, but the
21 latest stated maturity date shall not exceed the estimated
22 useful life of the projects being financed as stated in section
23 8.
24 Section 8 9. Estimated useful life and term of debt. <--
25 (a) Estimated useful life.--The General Assembly states that
26 the estimated useful life of the public improvement projects
27 itemized in this act is as follows:
28 (1) Public improvement projects, 30 years.
29 (2) Furniture and equipment projects, 10 years.
30 (3) Transportation assistance projects:
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1 (i) Rolling stock, 15 years.
2 (ii) Passenger buses, 12 years.
3 (iii) Furniture and equipment, 10 years.
4 (iv) All others, 30 years.
5 (b) Term of debt.--The maximum term of the debt authorized
6 to be incurred under this act is 30 years.
7 Section 9 10. Appropriations. <--
8 (A) PUBLIC IMPROVEMENT.--THE NET PROCEEDS OF THE SALE OF THE <--
9 OBLIGATIONS AUTHORIZED IN THIS ACT ARE HEREBY APPROPRIATED FROM
10 THE CAPITAL FACILITIES FUND TO THE DEPARTMENT OF GENERAL
11 SERVICES IN THE MAXIMUM AMOUNT OF $38,134,000 TO BE USED BY IT
12 EXCLUSIVELY TO DEFRAY THE FINANCIAL COST OF THE PUBLIC
13 IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A CAPITAL BUDGET.
14 AFTER RESERVING OR PAYING THE EXPENSE OF THE SALE OF THE
15 OBLIGATION, THE STATE TREASURER SHALL PAY TO THE DEPARTMENT OF
16 GENERAL SERVICES THE MONEYS AS REQUIRED AND CERTIFIED BY IT TO
17 BE LEGALLY DUE AND PAYABLE.
18 (a) (B) Transportation assistance.--The net proceeds of the <--
19 sale of the obligations authorized in this act are hereby
20 appropriated from the Capital Facilities Fund to the Department
21 of Transportation in the maximum amount of $10,000,000 <--
22 $10,500,000 to be used by it exclusively to defray the financial <--
23 cost of the transportation assistance projects specifically
24 itemized in a capital budget. After reserving or paying the
25 expense of the sale of the obligation, the State Treasurer shall
26 pay to the Department of Transportation the moneys as required
27 and certified by it to be legally due and payable.
28 (b) (C) Redevelopment assistance.--The net proceeds of the <--
29 sale of the obligations authorized in this act are hereby
30 appropriated from the Capital Facilities Fund to the Department
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1 of Community and Economic Development in the maximum amount of
2 $30,250,000 $126,250,000 to be used by it exclusively to defray <--
3 the financial cost of the redevelopment assistance and <--
4 redevelopment assistance capital projects specifically itemized
5 in a capital budget. After reserving or paying the expenses of
6 the sale of the obligation, the State Treasurer shall pay to the
7 Department of Community and Economic Development the moneys as
8 required and certified by it to be legally due and payable.
9 Section 10 11. Federal funds. <--
10 In addition to those funds appropriated in section 9 10, all <--
11 moneys received from the Federal Government for the projects
12 specifically itemized in this act are also hereby appropriated
13 for those projects.
14 SECTION 12. PAYMENT OF SETTLEMENT OR AWARDS OF CLAIMS. <--
15 NOTWITHSTANDING THE PROVISIONS OF 62 PA.C.S. § 1726 (RELATING
16 TO PAYMENT OF AWARDS AND COSTS), FOR FISCAL YEAR 2006-2007 THE
17 SETTLEMENT OR AWARD OF CLAIMS ARISING FROM CONSTRUCTION
18 CONTRACTS FOR PUBLIC IMPROVEMENT PROJECTS MAY BE PAID BY THE
19 DEPARTMENT OF GENERAL SERVICES FROM AVAILABLE FUNDS IN ACCOUNTS
20 WITHIN THE CAPITAL FACILITIES FUND THAT INCLUDE FUNDS NO LONGER
21 REQUIRED FOR THE DESIGN, ACQUISITION OR CONSTRUCTION OF ANY
22 APPROVED CAPITAL PROJECT.
23 SECTION 13. LIMITATION ON CERTAIN CAPITAL PROJECTS.
24 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
25 THE PROJECTS ITEMIZED IN SECTIONS 3(10)(V)(A) AND 6(51)(I)(DD)
26 OF THE ACT OF JULY 7, 2006 (P.L.390, NO.83), KNOWN AS THE
27 CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 2005-2006, FOR THE
28 CONSTRUCTION, INFRASTRUCTURE AND OTHER RELATED COSTS TO
29 MODERNIZE A PUBLICLY OWNED NATURAL GAS UTILITIES SYSTEM IN
30 CITIES OF THE FIRST CLASS SHALL NOT BE RELEASED FOR DESIGN OR
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1 CONSTRUCTION AND THE COMMONWEALTH SHALL NOT EXECUTE A GRANT OR
2 DELEGATION AGREEMENT FOR SAID PROJECTS UNTIL SUCH TIME AS THE
3 GENERAL ASSEMBLY ENACTS SPECIFIC LEGISLATION AUTHORIZING A
4 PUBLICLY OWNED NATURAL GAS UTILITY SYSTEM IN A CITY OF THE FIRST
5 CLASS TO UNDERTAKE THE PROJECT.
6 Section 11 14. Editorial changes. <--
7 In editing and preparing this act for printing following the
8 final enactment, the Legislative Reference Bureau shall insert
9 or revise letters or numbers for projects where the letters or
10 numbers are missing or require revision. The bureau shall also
11 revise the total monetary amounts for the total authorization,
12 debt authorization, appropriations and departmental totals as
13 necessary to agree with the total monetary amounts of the
14 projects.
15 Section 12 15. Effective date. <--
16 This act shall take effect July 1, 2006, or immediately, <--
17 whichever is later. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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