THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KILLION, GEIST, BOYD, FABRIZIO, GODSHALL, LAWRENCE, MILLARD, REICHLEY, STEPHENS AND VULAKOVICH, MARCH 23, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 23, 2011  

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, further providing for metropolitan

transportation authority powers relating to alternative means

of raising revenue or reducing expenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1741(a)(24) of Title 74 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 1741.  General powers.

(a)  Powers enumerated.--An authority shall have and may

exercise all powers necessary or convenient for the carrying out

of the purposes of this chapter, including the following rights,

powers and duties:

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(24)  To explore alternative means of raising revenue or

reducing expenses, including, but not limited to, real estate

leases and rentals, equipment leases and rentals, contracting

of services, the solicitation of competitive bids and the

awarding of contracts to the highest responsive, responsible

bidder for both interior and exterior advertising on all

authority equipment on which the public is charged a fare for

riding. [However, on rail passenger units only bids for

interior advertising shall be solicited.] Nothing in this

chapter or in any other law of this Commonwealth shall

preclude the negotiation and execution of contracts with

respect to real estate-related matters in accordance with and

subject solely to the provisions of this paragraph. The

general manager may recommend in writing that the board make

a finding of special opportunity with respect to a real

estate-related matter. The board shall consider the general

manager's recommendation at a public meeting. The notice

given in accordance with the [act of July 3, 1986 (P.L.388,

No.84), known as the Sunshine Act] provisions of 65 Pa.C.S.

Ch. 7 (relating to open meetings), with respect to such

meeting shall state that the board will consider making a

finding of special opportunity at such meeting and shall

describe the nature of the proposed finding of special

opportunity. Any finding of special opportunity shall be

approved by the board in accordance with the provisions of

section 1715 (relating to meetings, quorum, officers and

records). The board shall adopt, by resolution, a process

under which the authority shall enter into contracts needed

to implement a finding of special opportunity. The process

adopted by the board shall provide a method of prequalifying

prospective contracting parties, where appropriate; for the

reasonable notification of prospective contracting parties of

the issuance of requests for proposals and the reasonable

opportunity for qualified prospective contracting parties to

submit proposals; for review of proposals from qualified

prospective contracting parties; for the negotiation of

contracts with one or more prospective contracting parties;

for award of contracts on the basis of evaluation of the

characteristics of the proposals; and for giving such weight

to the various characteristics of any proposal as the board

shall determine is in the best interest of the authority. The

characteristics by which proposals may be evaluated under a

finding of special opportunity may include the likely

complexity of the transaction; the amount of investment any

selected contracting party will be required to make or offers

to make in the real estate-related matter; the experience and

prior success of the proposed contracting party in other

similar dealings with the same type of real estate-related

matters or with the authority; the quality, feasibility and

potential for economic success of the proposal; any cost or

potential return to the authority; the economic reliability

and financial viability of the proposed contracting party;

the compatibility of the proposal with the authority's basic

function as a public transportation provider; the date by

which the proposed contracting party agrees to complete the

real estate-related matter; and other factors which the board

shall specify. The authority shall make available a copy of

the process adopted by the board to any person requesting a

copy of the process. The general manager may make a written

recommendation to the board concerning the award of a

contract under a finding of special opportunity. The general

manager's recommendation shall include the identity of the

prospective contracting party or parties, the purpose of the

contract, the substance of the finding of special

opportunity, the substance and term of the proposed contract,

the identities of any other prospective contracting parties

who submitted proposals and the criteria upon which the

general manager's recommendation was made and the reasons for

selecting the prospective contracting party. Upon the written

recommendation of the general manager, the board may award

contracts under this paragraph after approving the awarding

of the contract by a resolution adopted at a public meeting.

The notice given in accordance with [the Sunshine Act] 65

Pa.C.S. Ch. 7 with respect to such meeting shall state that

the board will consider awarding a contract under a finding

of special opportunity at such meeting and shall describe the

subject matter of such proposed contract. The authority shall

by April 15 of each year submit a report to the department.

The report shall detail the actions of the authority in

exploring alternate means of raising revenue and reducing

expenses. The department shall review the report and issue

its findings and recommendations to the Appropriations

Committee and the Transportation Committee of the Senate and

the Appropriations Committee and the Transportation Committee

of the House of Representatives no later than 30 days after

receipt of such report for review and consideration of future

funding by such committees. Where any alternate means have

been rejected, the authority shall demonstrate that the

feasibility and cost-effectiveness of that alternate means

have been considered. As used in this paragraph, "finding of

special opportunity" shall mean a written determination by

the board that exclusion of a real estate-related matter from

bidding procedures, as provided in this chapter or any other

law, will be in the best interest of the authority and will

be compatible with the authority's basic function as a public

transportation provider, considering the nature of the real

estate-related matter with respect to which the authority

proposes to contract. Any finding of special opportunity

shall include the basis on which the finding of special

opportunity is being made.

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Section 2.  This act shall take effect in 60 days.