THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, KASUNIC, FOLMER, GORDNER, BOSCOLA, ORIE, RAFFERTY, YAW, M. WHITE, D. WHITE, ERICKSON, BAKER, ALLOWAY, BRUBAKER, GREENLEAF, SMUCKER, FERLO, ROBBINS, VANCE, EARLL, SCARNATI, McILHINNEY, PICCOLA AND BROWNE, JANUARY 26, 2011

AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 26, 2011   

AN ACT

Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106, No.

46), entitled, as reenacted and amended, "An act relating to

flood control; prescribing the powers and duties of the Water

and Power Resources Board of the Department of Forests and

Waters in relation to the creation of flood control

districts, adoption of plans for flood control works and

improvements, carrying into effect of such plans, assistance,

aid and cooperation with public and private agencies and the

Federal Government in Federal flood control works and

improvements, and entering into compacts and agreements with

other states for flood control works and improvements;

conferring the power of eminent domain; providing for the

setting off of benefits; imposing certain charges upon the

Commonwealth; providing for appeals; and conferring certain

powers on municipalities, counties, and townships, and the

Department of Highways," further providing for contracts and

acquisition of property; and providing for adjustment and for 

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evasion of advertising requirements adjustments.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 10 of the act of August 7, 1936 (1st

Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law,

reenacted and amended March 10, 1937 (P.L.43, No.18) and amended

December 22, 1981 (P.L.551, No.162), is amended to read:

Section 10.  Contracts and Acquisition of Property.--All work

of any character whatever performed by the board under the

authority of this act, except as hereinafter provided, in

connection with any State public flood control works and

improvements, involving an expenditure of more than [four

thousand dollars] a base amount of eighteen thousand five

hundred dollars subject to adjustment under section 10.1, shall

be performed under written contract let by the board to the

lowest responsible bidder after due advertisement as prescribed

by the board; except, however, that the board may, with the

approval of the Governor, enter into contracts or agreements,

without advertisement, with any person, corporation or

municipality, covering the removal or relocation of gas, water,

and telephone, telegraph, electric light, and electric power

lines, highways, railroads, or other facilities, and providing

therein for said removal or relocation by the person,

corporation or municipality owning such facility. The board may,

with the approval of the Governor, acquire any necessary

easements and rights-of-way and may pay all costs and damages

necessary, arising from and incidental to said removal or

relocation. Payment shall be made from the General Fund

Appropriations for Flood Control Projects.

The board may sell, lease, or otherwise dispose of all

property, real, personal or mixed, acquired under the provisions

of this act, not needed by the Commonwealth for reservoir or

flood control purposes, subject to the approval of the Governor.

The moneys received through such sale, lease or other

disposition shall accrue to the General Fund.

Every contract for the construction, reconstruction,

alteration, repair, improvement or maintenance of public works

shall comply with the provisions of the act of March 3, 1978

(P.L.6, No.3), known as the "Steel Products Procurement Act."

Section 2.  The act is amended by adding sections to read:

Section 10.1.  Adjustments.--(a)  Adjustments to the base

amounts specified under section 10 shall be made as follows:

(1)  The Department of Labor and Industry shall determine the

percentage change in the All Items Consumer Price Index for All

Urban Consumers (CPI-U) for the United States City Average as

published by the United States Department of Labor, Bureau of

Labor Statistics for the twelve-month period ending September

30, 2012, and for each successive twelve-month period

thereafter.

(2)  If the department determines that there is no positive

percentage change, then no adjustment to the base amounts shall

occur for the relevant time period provided for in this

subsection.

(3)  (i)  If the department determines that there is a

positive percentage change in the first year that the

determination is made under paragraph (1), the positive

percentage change shall be multiplied by each base amount and

the products shall be added to the base amounts, respectively,

and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to

the nearest one thousand hundred dollars, to determine the final

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adjusted base amounts for purposes of section 10.

(4)  In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied by

the most recent preliminary adjusted amounts and the products

shall be added to the preliminary adjusted amount of the prior

year to calculate the preliminary adjusted amounts for the

current year. The sums thereof shall be rounded to the nearest

one thousand hundred dollars to determine the new final adjusted

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base amounts for purposes of section 10.

(5)  The determinations and adjustments required under this

subsection shall be made in the period between October 1 and

November 15 of the year following the effective date of this

subsection, and annually between October 1 and November 15 of

each year thereafter.

(6)  The final adjusted base amounts and new final adjusted

base amounts obtained under paragraphs (3) and (4) shall become

effective January 1 for the calendar year following the year in

which the determination required under paragraph (1) is made.

(7)  The department shall publish notice in the Pennsylvania

Bulletin prior to January 1 of each calendar year of the annual

percentage change determined under paragraph (1) and the

unadjusted or final adjusted base amounts determined under

paragraphs (3) and (4) at which competitive bidding is required

under this subsection for the calendar year beginning the first

day of January after publication of the notice. The notice shall

include a written and illustrative explanation of the

calculations performed by the department in establishing the

unadjusted or final adjusted base amounts under this subsection

for the ensuing calendar year.

(8)  No adjustment to the base amounts specified under

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section 10 shall exceed three percent of the most recently

adjusted base amount. The annual increase in the preliminary

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adjusted base amounts obtained under paragraphs (3) and (4)

shall not exceed three percent.

Section 3.  This act shall apply to contracts and purchases

advertised on or after January 1 of the year following the

effective date of this section.

Section 4.  This act shall take effect immediately.