An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in construction and renovation of buildings by school entities, further providing for definitions and for building condition assessments.

PRINTER'S NO. 39
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 84
Session of
2025
INTRODUCED BY ARGALL, BROWN, COLEMAN, DUSH, FONTANA AND MILLER,
JANUARY 22, 2025
REFERRED TO INSTITUTIONAL SUSTAINABILITY AND INNOVATION,
JANUARY 22, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in construction and renovation of
buildings by school entities, further providing for
definitions and for building condition assessments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2601-J of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding definitions to read:
Section 2601-J. 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:
* * *
"Equipment." The term includes property, whether fixed or
movable, that is incidental and necessary to conduct an
educational program. The term includes, but is not limited to,
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movable equipment such as desks, chairs, tables, information
technology infrastructure, portable physical education
equipment, audio-visual equipment and science, family and
consumer science, industrial art and business equipment and
instructional materials and fixtures such as casework,
laboratory equipment, kitchen equipment, auditorium seating and
any other special fixtures or equipment required to conduct a
particular educational program.
* * *
"Maintenance costs." The term includes the cost for routine,
preventative, predictive and emergent unscheduled tasks and
minor repairs required to ensure that a facility functions
according to its design and for its expected lifespan.
"Nonconstruction costs." The term includes design fees,
financing, permitting, construction management fees, legal fees,
advertising fees, insurance and equipment.
"Operations costs." The term includes the cost for
custodial, security and utility services required to keep a
facility clean and safe so that occupants are comfortable,
healthy and productive, and for the operational services
required for a vacant facility or site.
* * *
"Total project costs." The term includes all of the costs to
implement a facility improvement measure, including, but not
limited to, construction, site costs and nonconstruction costs.
* * *
Section 2. Section 2605-J of the act is amended to read:
Section 2605-J. [Building] Facilities condition assessments.
[(a) Duties of department.--
(1) The department shall develop guidelines for school
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entities to voluntarily report information related to school
building safety, inventory and condition. The guidelines
shall include a building condition assessment to be
voluntarily completed every 10 years for school entities that
includes, but is not limited to, a projection of costs to
maintain and renovate existing school buildings.
(2) The department shall post completed building
condition assessments on the department's publicly accessible
Internet website.
(3) The department shall provide additional points under
the funding rubric contained in section 2604-J(d) for grants
applied for by school entities that complete building
condition assessments.
(b) Completion incentive.--A school entity that completes a
building condition assessment shall receive a 2% increase above
the amount calculated under section 2606-J. The department shall
develop a process, in coordination with the application process
in section 2602-J, for awarding an enhanced reimbursement for
completing a building condition assessment.]
(c) Duty of department.--By October 1, 2025, the department
shall develop a facilities condition assessment form for a
school entity to use in filing assessments under subsection (d).
The form shall require the following information to be reported:
(1) School entity enrollment.
(2) A list of the names, addresses, building age,
including dates and descriptions of major renovations, owned
or leased status, including who is responsible for
maintenance, of all school entity buildings.
(3) A condition assessment of all school entity
buildings, including:
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(i) Structural components, including walls, floors,
roofs, windows and doors.
(ii) System components, including mechanical,
electrical, plumbing, ventilation, heating and air
conditioning.
(iii) Interior components, including finishes and
fixtures.
(iv) Exterior components, including finishes and
fixtures.
(4) Estimated annual operations costs and maintenance
costs for the next seven years.
(5) Expected facility improvements, including estimated
total project costs for the next five years.
(6) Asbestos, lead, air quality and water quality
mitigation plans, including costs for remediation.
(7) Estimated costs for nonstructural safety concerns
such as the need for secure vestibules, escape routes,
recessed doors and other design features that would reduce
the possibility of or the severity of a violent incident.
(8) Evidence of compliance with 35 Pa.C.S. § 7701
(relating to duties concerning disaster prevention). A copy
of an "All-Hazards" plan may be used to satisfy the
requirements of this paragraph.
(d) Duty of school entities.--By October 1, 2026, and every
seven years thereafter, a school entity shall submit a
facilities condition assessment to the department. The
assessment may be conducted by an individual with professional
qualifications and experience in architecture, engineering,
construction or facilities management.
(e) Effect of failure to comply.--A school entity that fails
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under subsection (d) to submit a complete facilities condition
assessment to the department shall disqualify the school entity
from being eligible for a grant under section 1753.2-E of the
act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code, or reimbursement under section 2602-J or a grant under
section 2604-J or 2603-L.
(f) Public posting of assessments.--The department shall
post a list of school entities that have submitted a completed
facility condition assessment on the department's publicly
accessible Internet website.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"School entity." A school district, intermediate unit, area
career and technical school, charter school or regional charter
school.
Section 3. This act shall take effect immediately.
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