PRINTER'S NO. 2506
No. 1864 Session of 2005
INTRODUCED BY ROSS, HERMAN, LESCOVITZ, BIANCUCCI, HANNA,
M. KELLER, HARHAI, HICKERNELL, O'NEILL, KAUFFMAN, HENNESSEY,
HARPER, PETRI, T. STEVENSON, McNAUGHTON, GINGRICH, ARMSTRONG,
BALDWIN, BOYD, CAPPELLI, DALLY, DENLINGER, DeWEESE, FRANKEL,
GEIST, HARRIS, HERSHEY, McILHATTAN, PHILLIPS, SCAVELLO AND
WATSON, JULY 3, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 3, 2005
AN ACT
1 Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106,
2 No.46), entitled, as reenacted and amended, "An act relating
3 to flood control; prescribing the powers and duties of the
4 Water and Power Resources Board of the Department of Forests
5 and Waters in relation to the creation of flood control
6 districts, adoption of plans for flood control works and
7 improvements, carrying into effect of such plans, assistance,
8 aid and cooperation with public and private agencies and the
9 Federal Government in Federal flood control works and
10 improvements, and entering into compacts and agreements with
11 other states for flood control works and improvements;
12 conferring the power of eminent domain; providing for the
13 setting off of benefits; imposing certain charges upon the
14 Commonwealth; providing for appeals; and conferring certain
15 powers on municipalities, counties, and townships, and the
16 Department of Highways," further providing for contracts and
17 acquisition of property; and providing for annual adjustment.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 10 of the act of August 7, 1936 (1st
21 Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law,
22 reenacted and amended March 10, 1937 (P.L.43, No.18), and
23 amended December 22, 1981 (P.L.551, No.162), is amended to read:
1 Section 10. Contracts and Acquisition of Property.--All work
2 of any character whatever performed by the board under the
3 authority of this act, except as hereinafter provided, in
4 connection with any State public flood control works and
5 improvements, involving an expenditure of more than [four
6 thousand dollars] twenty-five thousand dollars subject to annual
7 adjustment under section 10.1, shall be performed under written
8 contract let by the board to the lowest responsible bidder after
9 due advertisement as prescribed by the board; except, however,
10 that the board may, with the approval of the Governor, enter
11 into contracts or agreements, without advertisement, with any
12 person, corporation or municipality, covering the removal or
13 relocation of gas, water, and telephone, telegraph, electric
14 light, and electric power lines, highways, railroads, or other
15 facilities, and providing therein for said removal or relocation
16 by the person, corporation or municipality owning such facility.
17 The board may, with the approval of the Governor, acquire any
18 necessary easements and rights-of-way and may pay all costs and
19 damages necessary, arising from and incidental to said removal
20 or relocation. Payment shall be made from the General Fund
21 Appropriations for Flood Control Projects.
22 The board may sell, lease, or otherwise dispose of all
23 property, real, personal or mixed, acquired under the provisions
24 of this act, not needed by the Commonwealth for reservoir or
25 flood control purposes, subject to the approval of the Governor.
26 The moneys received through such sale, lease or other
27 disposition shall accrue to the General Fund.
28 Every contract for the construction, reconstruction,
29 alteration, repair, improvement or maintenance of public works
30 shall comply with the provisions of the act of March 3, 1978
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1 (P.L.6, No.3), known as the "Steel Products Procurement Act."
2 Section 2. The act is amended by adding a section to read:
3 period of three years.
4 Section 10.1. Annual Adjustment.--(a) The Department of
5 Labor and Industry shall determine the percentage change in the
6 Consumer Price Index for All Urban Consumers for the twelve-
7 month period ending September 30 of the calendar year in which
8 this section becomes effective, and for each successive twelve-
9 month period thereafter.
10 (b) The amount at which competitive bidding is required
11 under section 10 shall be adjusted annually. The positive
12 percentage change, as determined in accordance with subsection
13 (a), shall be multiplied by the amount applicable under section
14 10 for the current year and the product thereof shall be added
15 to the amount applicable under section 10 for the current year,
16 with the result rounded to the nearest multiple of ten dollars.
17 (c) The annual determination required under subsection (a)
18 and the calculation of the adjustments required under subsection
19 (b) shall be made in the period between October 1 and November
20 15 of the year following the effective date of this section, and
21 annually between October 1 and November 15 of each successive
22 year.
23 (d) The adjusted amounts obtained in accordance with
24 subsection (b) shall become effective January 1 for the calendar
25 year following the year in which the determination required
26 under subsection (a) is made.
27 (e) The Department of Labor and Industry shall give notice
28 in the Pennsylvania Bulletin prior to January 1 of each calendar
29 year of the annual percentage change determined in accordance
30 with subsection (a) and the amounts, whether adjusted or
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1 unadjusted in accordance with subsection (b), at which
2 competitive bidding is required under section 10 for the
3 calendar year beginning the first day of January after
4 publication of the notice.
5 Section 3. This act shall apply to contracts and purchases
6 advertised on or after January 1 of the year following the
7 effective date of this section.
8 Section 4. This act shall take effect immediately.
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