Current as of January 01, 2019 | Updated by FindLaw Staff
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(a) The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
“Coal.” Coal produced from mines in Pennsylvania or any mixture or synthetic derived, in whole or in part, from coal produced from mines in Pennsylvania.
“Mixture derived, in whole or in part, from coal.” Includes, but is not limited to, both the intermittent and the simultaneous burning of natural gas with coal or a coal derivative if the intermittent or simultaneous burning of natural gas would:
(1) lower the cost of using coal or a coal derivative produced from mines in Pennsylvania; or
(2) enable coal or a coal derivative produced from mines in Pennsylvania to be burned in compliance with present and reasonably anticipated environmental laws and regulations.
(b) Any heating system or heating unit installed in a facility owned by the State on or after the effective date of this section shall be fueled by coal.
(b.1) Any State facility or agency which seeks to perform a study or take any action which may result in the conversion of its coal-fired heating system to use a fuel other than coal shall publish its intention in the Pennsylvania Bulletin and shall report its intention to do so to the Department of General Services within 90 days prior to beginning the study.
(b.2) Any report, finding or recommendations to the State facility or agency as a result of the study shall be reported immediately to the Secretary of General Services and the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives.
(c) Any heating system or heating unit shall be exempt from the requirement of subsection (b) if the Secretary of General Services determines that:
(1) using coal as the fuel for that heating system or heating unit would violate existing or reasonably anticipated environmental laws or regulations;
(2) using coal as the fuel for that heating system or heating unit would not be cost effective when compared to using other forms of energy;
(3) using electricity generated primarily from the combustion of coal would be more cost effective when compared to using coal as the fuel for that heating system or heating unit;
(4) the principal fuel for that heating system or heating unit would be natural gas from wells located in Pennsylvania or wood from forests located in Pennsylvania, if such fuel were at least as cost effective as using coal as the fuel; or
(5) that heating system or heating unit was in or beyond the design stage prior to the effective date of this act.
(d) In determining cost-effectiveness under clauses (2), (3) and (4) of subsection (c), the Secretary of General Services shall perform a life cycle cost analysis.
(e) The Secretary of General Services shall report to the Appropriations Committees of the House of Representatives and the Senate the basis for any determination that a heating system or heating unit shall be exempt from the requirement of subsection (b).
Cite this article: FindLaw.com - California Code, Penal Code - PEN § 1008 - last updated January 01, 2019 | https://codes.findlaw.com/ca/penal-code/pen-sect-1008/
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