SB 84 — 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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in construction and renovation of
 6      buildings by school entities, further providing for
 7      definitions and for building condition assessments.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 2601-J of the act of March 10, 1949
11   (P.L.30, No.14), known as the Public School Code of 1949, is
12   amended by adding definitions to read:
13   Section 2601-J. Definitions.
14      The following words and phrases when used in this article
15   shall have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      * * *
18      "Equipment."    The term includes property, whether fixed or
19   movable, that is incidental and necessary to conduct an
20   educational program. The term includes, but is not limited to,
 1   movable equipment such as desks, chairs, tables, information
 2   technology infrastructure, portable physical education
 3   equipment, audio-visual equipment and science, family and
 4   consumer science, industrial art and business equipment and
 5   instructional materials and fixtures such as casework,
 6   laboratory equipment, kitchen equipment, auditorium seating and
 7   any other special fixtures or equipment required to conduct a
 8   particular educational program.
 9      * * *
10      "Maintenance costs."     The term includes the cost for routine,
11   preventative, predictive and emergent unscheduled tasks and
12   minor repairs required to ensure that a facility functions
13   according to its design and for its expected lifespan.
14      "Nonconstruction costs."     The term includes design fees,
15   financing, permitting, construction management fees, legal fees,
16   advertising fees, insurance and equipment.
17      "Operations costs."     The term includes the cost for
18   custodial, security and utility services required to keep a
19   facility clean and safe so that occupants are comfortable,
20   healthy and productive, and for the operational services
21   required for a vacant facility or site.
22      * * *
23      "Total project costs."     The term includes all of the costs to
24   implement a facility improvement measure, including, but not
25   limited to, construction, site costs and nonconstruction costs.
26      * * *
27      Section 2.     Section 2605-J of the act is amended to read:
28   Section 2605-J.     [Building] Facilities condition assessments.
29      [(a)    Duties of department.--
30             (1)   The department shall develop guidelines for school

20250SB0084PN0039                     - 2 -
 1      entities to voluntarily report information related to school
 2      building safety, inventory and condition. The guidelines
 3      shall include a building condition assessment to be
 4      voluntarily completed every 10 years for school entities that
 5      includes, but is not limited to, a projection of costs to
 6      maintain and renovate existing school buildings.
 7            (2)   The department shall post completed building
 8      condition assessments on the department's publicly accessible
 9      Internet website.
10            (3)   The department shall provide additional points under
11      the funding rubric contained in section 2604-J(d) for grants
12      applied for by school entities that complete building
13      condition assessments.
14      (b)   Completion incentive.--A school entity that completes a
15   building condition assessment shall receive a 2% increase above
16   the amount calculated under section 2606-J. The department shall
17   develop a process, in coordination with the application process
18   in section 2602-J, for awarding an enhanced reimbursement for
19   completing a building condition assessment.]
20      (c)   Duty of department.--By October 1, 2025, the department
21   shall develop a facilities condition assessment form for a
22   school entity to use in filing assessments under subsection (d).
23   The form shall require the following information to be reported:
24            (1)   School entity enrollment.
25            (2)   A list of the names, addresses, building age,
26      including dates and descriptions of major renovations, owned
27      or leased status, including who is responsible for
28      maintenance, of all school entity buildings.
29            (3)   A condition assessment of all school entity
30      buildings, including:

20250SB0084PN0039                    - 3 -
 1                  (i)    Structural components, including walls, floors,
 2            roofs, windows and doors.
 3                  (ii)    System components, including mechanical,
 4            electrical, plumbing, ventilation, heating and air
 5            conditioning.
 6                  (iii)    Interior components, including finishes and
 7            fixtures.
 8                  (iv)    Exterior components, including finishes and
 9            fixtures.
10            (4)   Estimated annual operations costs and maintenance
11      costs for the next seven years.
12            (5)   Expected facility improvements, including estimated
13      total project costs for the next five years.
14            (6)   Asbestos, lead, air quality and water quality
15      mitigation plans, including costs for remediation.
16            (7)   Estimated costs for nonstructural safety concerns
17      such as the need for secure vestibules, escape routes,
18      recessed doors and other design features that would reduce
19      the possibility of or the severity of a violent incident.
20            (8)   Evidence of compliance with 35 Pa.C.S. § 7701
21      (relating to duties concerning disaster prevention). A copy
22      of an "All-Hazards" plan may be used to satisfy the
23      requirements of this paragraph.
24      (d)   Duty of school entities.--By October 1, 2026, and every
25   seven years thereafter, a school entity shall submit a
26   facilities condition assessment to the department. The
27   assessment may be conducted by an individual with professional
28   qualifications and experience in architecture, engineering,
29   construction or facilities management.
30      (e)   Effect of failure to comply.--A school entity that fails

20250SB0084PN0039                       - 4 -
 1   under subsection (d) to submit a complete facilities condition
 2   assessment to the department shall disqualify the school entity
 3   from being eligible for a grant under section 1753.2-E of the
 4   act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
 5   Code, or reimbursement under section 2602-J or a grant under
 6   section 2604-J or 2603-L.
 7      (f)    Public posting of assessments.--The department shall
 8   post a list of school entities that have submitted a completed
 9   facility condition assessment on the department's publicly
10   accessible Internet website.
11      (g)    Definitions.--As used in this section, the following
12   words and phrases shall have the meanings given to them in this
13   subsection unless the context clearly indicates otherwise:
14      "School entity."    A school district, intermediate unit, area
15   career and technical school, charter school or regional charter
16   school.
17      Section 3.    This act shall take effect immediately.




20250SB0084PN0039                   - 5 -