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SENATE AMENDED
PRIOR PRINTER'S NOS. 79, 424
PRINTER'S NO. 2819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
99
Session of
2017
INTRODUCED BY ZIMMERMAN, BAKER, GREINER, MILLARD, PICKETT,
HICKERNELL, MENTZER, PEIFER, WARD, FLYNN, RADER, B. MILLER,
GILLEN, MEHAFFIE AND KORTZ, JANUARY 23, 2017
SENATOR WAGNER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
DECEMBER 12, 2017
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in contracts, further
providing for regulation of contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1402(d)(1), (4)(ii) and (iii) and (6) of
Title 8 of the Pennsylvania Consolidated Statutes are amended
and the subsection is amended by adding a paragraph to read:
ยง 1402. Regulation of contracts.
* * *
(d) Contracts or purchases.--The contracts or purchases made
by council, which shall not require advertising, bidding or
price quotations as provided in this part, are as follows:
(1) [Those for emergencies or for maintenance, repairs
or replacements for water, electricity or public works of the
borough, if they do not constitute new additions, extensions
or enlargements of existing facilities and equipment, but
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security may be required by council, as in other cases of
work done.] THOSE MADE FOR EMERGENCIES OR FOR ROUTINE
MAINTENANCE, REPAIRS OR REPLACEMENTS FOR WATER, ELECTRIC
LIGHT AND OTHER PUBLIC WORKS OF THE BOROUGH IF THEY DO NOT
CONSTITUTE NEW ADDITIONS, EXTENSIONS OR ENLARGEMENTS OF
EXISTING FACILITIES AND EQUIPMENT. For those contracts or
purchases made in cases of emergencies, the actual emergency
and the nature of the procurement shall be stated in a
resolution by council and adopted at the next public meeting.
* * *
(4) * * *
(ii) Those made for utility service for borough
purposes, including, but not limited to, those made for
natural gas or telecommunications services and
electricity.
[(iii) Those made for electricity with the entities
set forth in paragraph (6)(i), (ii), (iii), (iv), (v),
(vi) and (vii)(A).]
* * *
(6) Those made relating to the purchase of electricity
and associated energy and related services by a borough
owning or operating electric generation or distribution
facilities [on January 1, 1966,] with any of the following:
(i) A political subdivision.
(ii) Another state.
(iii) The Commonwealth or a Commonwealth agency.
(iv) The Federal Government.
(v) A private corporation.
(vi) An electric cooperative corporation under 15
Pa.C.S. Ch. 73 (relating to electric cooperative
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corporations).
(vii) A nonprofit membership corporation. As used in
this subparagraph, the term "nonprofit membership
corporation" means an entity, the membership of which:
(A) consists solely of Commonwealth boroughs,
such as a consortium, buying group or municipal power
agency under section 24A04 (relating to municipal
power agencies); or
(B) consists of Commonwealth boroughs and
political subdivisions of another state.
(viii) An electric cooperative of another state.
Nothing in this paragraph prohibits council from engaging in
advertising, bidding or price quotations if the council
determines that the advertising, bidding or price quotations
are in the public interest.
(7) Those made for materials and supplies or equipment
rental under emergency conditions under 35 Pa.C.S. Pt. V
(relating to emergency management services).
* * *
Section 2. This act shall take effect in 60 days.
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