PRINTER'S NO. 3124
No. 2237 Session of 2005
INTRODUCED BY PETRI, THOMAS, ALLEN, BENNINGHOFF, BOYD,
CALTAGIRONE, CLYMER, CORRIGAN, CRAHALLA, CREIGHTON, GABIG,
GODSHALL, GOODMAN, HARPER, HENNESSEY, M. KELLER, LEVDANSKY,
MAJOR, MUSTIO, NAILOR, RAPP, REICHLEY, SAMUELSON, SAYLOR,
SCAVELLO, SCHRODER, SEMMEL, B. SMITH, SONNEY, E. Z. TAYLOR,
TIGUE, WATERS, WATSON AND YOUNGBLOOD, NOVEMBER 16, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 16, 2005
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," further providing for sale
21 of real estate belonging to the Commonwealth and grants of
22 rights-of-way or other rights over or in real estate.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 514(a) of the act of April 9, 1929
26 (P.L.177, No.175), known as The Administrative Code of 1929,
1 amended December 3, 1970 (P.L.834, No.275), is amended to read:
2 Section 514. Sale of Real Estate and Grants of Rights of Way
3 or Other Rights Over or in Real Estate; Tapping Water Lines of
4 Institutions and Sanatoria.--(a) (1) Except as otherwise in
5 this act expressly provided, a department, board, or commission,
6 shall not sell or exchange any real estate belonging to the
7 Commonwealth, or grant any easement, right of way, or other
8 interest over or in such real estate, without specific authority
9 from the General Assembly so to do[, but a]: Provided, That
10 prior to enactment by the General Assembly of any legislation
11 authorizing the sale or exchange of real estate owned by the
12 Commonwealth, the Department of General Services shall obtain
13 two appraisals of the real property from independent appraisers,
14 identifying any known or suspected environmental conditions on
15 the property and review information obtained from the proposed
16 grantee through the submission of an application form prepared
17 by the Department of General Services, which contains the
18 following information: the name and address of the proposed
19 grantee, if the proposed grantee is a business entity, the
20 entity number, the names of each officer, partner or trustee,
21 the names of each individual with an ownership interest in the
22 business entity and the financial structure of the business
23 entity and any affiliates, intermediaries, subsidiaries or
24 holding companies; and the intended use of the property by the
25 proposed grantee. The information in the application form shall
26 be affirmed by the proposed grantee, under penalty of perjury.
27 The Department of General Services shall provide the Chief Clerk
28 of the Senate and the Chief Clerk of the House of
29 Representatives with a copy of the appraisals and the
30 application and shall certify to the proposed grantee that the
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1 copies have been transmitted to the General Assembly.
2 (2) The deed of conveyance for the property shall include a
3 condition that the property shall be used for the purposes
4 enumerated in the application form. In the event that the
5 proposed grantee, its successors assigns, permit the property to
6 be used for any purpose not indicated in the application form,
7 the title shall immediately revert to and revest in the
8 Commonwealth.
9 (3) A department, board, or commission may, with the
10 approval of the Governor, grant a license to any public service
11 corporation to place upon, in, or over, any dry or submerged
12 land or bridge of or maintained by the Commonwealth, any public
13 service line, if such line will enable any State building or
14 State institution to receive better service, or if such line is
15 necessary for the service of the public and it is necessary or
16 reasonably required to cross the Commonwealth's land to afford
17 such service or if the running of such line over a bridge will
18 be more economical than the erection of a separate bridge for
19 the line. Every such license shall be revocable for reasonable
20 cause upon six months' written notice by the Commonwealth, and
21 also after like notice for violation of such proper terms and
22 conditions as the department, board, or commission, with the
23 approval of the Governor, shall prescribe when the license
24 issues. Unless any such line is primarily for the benefit of a
25 State building or State institution, the license shall provide
26 for the payment to the Commonwealth of compensation for the use
27 of its property in such amount as the department, board, or
28 commission granting it shall, with the approval of the Governor,
29 prescribe.
30 (4) But nothing herein contained shall authorize the
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1 Commonwealth to impose and collect from any municipality or
2 township any compensation for a license granted to such
3 municipality or township for the running of a public service
4 line over any such bridge.
5 (5) This section shall be deemed the exclusive system for
6 the granting of licenses, consents and permits to place public
7 service lines upon, in or over any dry or submerged lands of the
8 Commonwealth. In the case of submerged lands such licenses shall
9 be granted only by the Department of Environmental Resources,
10 and the permit shall prescribe such terms and conditions as
11 shall be deemed necessary by the board to protect the interests
12 of the public. In the case of dry lands, licenses shall be
13 issued by the department, board or commission having the
14 management of such lands.
15 * * *
16 Section 2. This act shall take effect in 60 days.
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