PRINTER'S NO. 608
No. 558 Session of 1987
INTRODUCED BY WOZNIAK, OLASZ, TIGUE, REINARD, PRESSMANN, LLOYD,
VAN HORNE, KOSINSKI, NOYE, BALDWIN, PETRONE, GEIST, VEON,
PETRARCA, RAYMOND, VROON, CAPPABIANCA, STABACK, LANGTRY,
E. Z. TAYLOR, MERRY AND G. SNYDER, MARCH 2, 1987
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 2, 1987
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," requiring the Department of
21 Transportation to do certain work on manhole covers, drains
22 and other devices at the time a road is repaired or
23 resurfaced.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 2005 of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929, is
1 amended by adding a clause to read:
2 Section 2005. General Road Improvement.--The Department of
3 Transportation shall have the power and its duty shall be:
4 * * *
5 (g) (1) To take responsibility for bringing all manhole
6 covers, drains and other devices up to the grade level or other
7 appropriate level at the time any State highway is
8 reconstructed, repaired or resurfaced. The department shall give
9 advance notice to the public of the opportunity to undertake
10 necessary improvements. If the problem is in a municipality, the
11 department may deduct the costs from any liquid fuels tax
12 payments due the municipality.
13 (2) To take responsibility for changing all sewer inlet
14 grates on State highways when they are reconstructed, repaired
15 or resurfaced so that the grates do not run parallel to the
16 highway and to prohibit the future installation of such parallel
17 grates.
18 (3) Nothing in this clause shall be construed to impair,
19 suspend, contract, enlarge, extend or affect in any manner the
20 powers and duties of the Pennsylvania Public Utility Commission
21 as provided in 66 Pa.C.S. §§ 2702 (relating to construction,
22 relocation, suspension and abolition of crossings), 2703
23 (relating to ejectment in crossing cases) and 2704 (relating to
24 compensation for damages occasioned by construction, relocation
25 or abolition of crossings).
26 Section 2. This act shall take effect immediately.
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