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| PRIOR PRINTER'S NOS. 336, 438, 1786 | PRINTER'S NO. 1847 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, SCARNATI, PILEGGI, D. WHITE, YAW, ORIE, ERICKSON, BAKER, FONTANA, PIPPY, BRUBAKER, ALLOWAY, BOSCOLA, WAUGH, MENSCH, EICHELBERGER, GORDNER, M. WHITE, EARLL AND BROWNE, FEBRUARY 1, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, DECEMBER 12, 2011 |
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| AN ACT |
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1 | Amending Title 74 (Transportation) of the Pennsylvania |
2 | Consolidated Statutes, providing for public-private |
3 | transportation partnerships; and making a related repeal. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 74 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a part to read: |
8 | PART V |
9 | TRANSPORTATION INFRASTRUCTURE |
10 | Chapter |
11 | 91. Public-Private Transportation Partnership |
12 | CHAPTER 91 |
13 | PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP |
14 | Sec. |
15 | 9101. Scope of chapter. |
16 | 9102. Findings and declaration of policy. |
17 | 9103. Definitions. |
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1 | 9104. Public-Private Transportation Partnership Board. |
2 | 9105. Duties of board. |
3 | 9106. Operation of board. |
4 | 9107. Solicitations for transportation projects. |
5 | 9108. Transportation projects. |
6 | 9109. Requests. |
7 | 9110. Selection of development entities. |
8 | 9111. Public-private transportation partnership agreement. |
9 | 9112. Records of requests. |
10 | 9113. Use of intellectual property. |
11 | 9114. Police powers and violations of law. |
12 | 9115. Environmental and other authorizations. |
13 | 9116. Taxation of development entity. |
14 | 9117. Power of eminent domain. |
15 | 9118. Sovereign immunity. |
16 | 9119. Specific performance. |
17 | 9120. Additional provisions. | <-- |
18 | 9120. Applicability of other laws. | <-- |
19 | 9121. Adverse interest. |
20 | 9122. Federal, State, local and private assistance. |
21 | 9123. Public-Private Transportation Account. |
22 | 9124. Pennsylvania Turnpike Commission. |
23 | 9125. Regulations. |
24 | § 9101. Scope of chapter. |
25 | This chapter relates to public-private transportation |
26 | partnerships. |
27 | § 9102. Findings and declaration of policy. |
28 | (a) Legislative findings and declarations.--The General |
29 | Assembly finds, determines and declares as follows: |
30 | (1) There is urgent public need to reduce congestion, |
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1 | increase capacity, improve safety and enhance economic |
2 | efficiency of transportation facilities throughout this |
3 | Commonwealth. |
4 | (2) The public entities have limited resources to fund |
5 | the maintenance and expansion of their respective |
6 | transportation facilities. |
7 | (3) To ensure the needs of the public are adequately |
8 | addressed, alternative funding mechanisms and strategies must |
9 | be developed to supplement existing public revenue sources. |
10 | (4) The imposition of user fees establishes an |
11 | additional funding source for transportation infrastructure |
12 | needs that spreads the costs across those who most benefit |
13 | from the Commonwealth's system of roads, highways and |
14 | bridges. |
15 | (5) The imposition of user fees and the development, |
16 | operation, maintenance, construction and improvement of toll |
17 | roads is a proprietary function which may be delegated to a |
18 | private entity consistent with section 31 of Article III of |
19 | the Constitution of Pennsylvania. |
20 | (6) Authorizing public entities to enter into |
21 | transportation partnership agreements with private entities |
22 | and other public entities for the development, operation and |
23 | financing of transportation facilities can result in greater |
24 | availability of transportation facilities to the public in a |
25 | timely, efficient and less costly fashion, thereby serving |
26 | the public safety and welfare. |
27 | (7) Assuring that public-private transportation projects |
28 | are developed, operated and financed in a cost-effective |
29 | manner is an important factor in promoting the health, safety |
30 | and welfare of the citizens of this Commonwealth. |
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1 | (b) Intent.--It is the intent of this chapter: |
2 | (1) To encourage private entities to invest in this |
3 | Commonwealth by participating in the development, operation |
4 | or financing of transportation facilities. |
5 | (2) To provide public entities and private entities with |
6 | the authority and flexibility in contracting for the |
7 | development, operation and financing of transportation |
8 | facilities. |
9 | (3) To authorize public entities to contract with |
10 | private and other public entities to provide transportation |
11 | facilities and related services. |
12 | § 9103. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Account." The Public-Private Transportation Account. |
17 | "Board." The Public-Private Transportation Partnership |
18 | Board. |
19 | "Department." The Department of Transportation of the |
20 | Commonwealth. |
21 | "Development entity." An entity which is a party to a |
22 | public-private transportation partnership agreement and which is |
23 | any of the following: |
24 | (1) A private entity. |
25 | (2) A public entity, other than the public entity |
26 | providing or improving its own transportation facilities. |
27 | "Electronic toll." A system of collecting tolls or charges |
28 | which is capable of charging an account holder for the |
29 | prescribed toll by electronic transmission of information. The |
30 | term includes open road tolls, video tolls or other similar |
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1 | structural or technological enhancements pertaining to tolls. |
2 | "Offeror." A person that submits a proposal or a response in |
3 | answer to a request for proposals or transportation projects. |
4 | "Private entity." A person, entity, group or organization |
5 | that is not the Federal Government, the Commonwealth or a |
6 | municipal authority. |
7 | "Proprietary public entity." A public entity which owns a |
8 | public-private transportation project and which is a party to a |
9 | public-private transportation partnership agreement. |
10 | "Public entity." The Commonwealth or a municipal authority, | <-- |
11 | a municipal authority or an authority created by statute which |
12 | owns a transportation facility. The term includes the | <-- |
13 | Pennsylvania Turnpike Commission. The term does not include the |
14 | General Assembly and its members, officers or agencies or any |
15 | court or other office or agency of the Pennsylvania judicial |
16 | system. |
17 | "Public-private transportation partnership agreement." A |
18 | contract for a transportation project which transfers the rights |
19 | for the use or control, in whole or in part, of a transportation |
20 | facility by a public entity to a development entity for a |
21 | definite term during which the development entity will provide |
22 | the transportation project to the public entity in return for |
23 | the right to receive all or a portion of the revenue generated |
24 | from the use of the transportation facility, or other payment, |
25 | such as the following transportation-related services: |
26 | (1) Operations and maintenance. |
27 | (2) Revenue collection. |
28 | (3) User fee collection or enforcement. |
29 | (4) Design. |
30 | (5) Construction. |
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1 | (6) Development and other activities with respect to |
2 | existing or new transportation facilities that enhance |
3 | traffic throughput, reduce congestion, improve safety or |
4 | otherwise manage or improve a transportation facility. |
5 | (7) Financing. |
6 | "Public-private transportation project." A transportation |
7 | project undertaken by a development entity pursuant to a public- |
8 | private transportation partnership agreement. |
9 | "Request for transportation projects." A solicited or | <-- |
10 | unsolicited plan for a transportation project submitted to the |
11 | board by a public entity. |
12 | "Responsible offeror." An offeror that has submitted a |
13 | responsive proposal and that possesses the capability to fully |
14 | perform the public-private transportation partnership agreement |
15 | requirements in all respects and the integrity and reliability |
16 | to assure good faith performance. |
17 | "Responsive proposal." A proposal that conforms in all |
18 | material aspects to the requirements and criteria in the request |
19 | for proposals. |
20 | "Right-to-Know Law." The act of February 14, 2008 (P.L.6, | <-- |
21 | No.3), known as the Right-to-Know Law. |
22 | "State Adverse Interest Act." The act of July 19, 1957 |
23 | (P.L.1017, No.451), known as the State Adverse Interest Act. |
24 | "Transportation facility." A proposed or existing road, |
25 | bridge, tunnel, overpass, ferry, busway, guideway, public |
26 | transportation facility, vehicle parking facility, port |
27 | facility, multimodal transportation facility, airport, station, |
28 | hub, terminal or similar facility used or to be used for the |
29 | transportation of persons, animals or goods, together with any |
30 | buildings, structures, parking areas, appurtenances, intelligent |
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1 | transportation systems and other property needed to operate or | <-- |
2 | related to the operation of the transportation facility. The |
3 | term includes any improvements or substantial enhancements or |
4 | modifications to an existing transportation facility. |
5 | "Transportation project." An undertaking by a private entity |
6 | or a public entity, other than the public entity providing or |
7 | improving its own transportation facilities, to provide or |
8 | improve a transportation facility or transportation-related |
9 | service which is totally or partially located within this |
10 | Commonwealth. |
11 | § 9104. Public-Private Transportation Partnership Board. |
12 | (a) Establishment.--There is established a board to be known |
13 | as the Public-Private Transportation Partnership Board. |
14 | (b) Composition.--The board shall be composed of the |
15 | following members: |
16 | (1) The Secretary of Transportation, who shall be the |
17 | chairperson of the board, or a designee who shall be an |
18 | employee of the department. |
19 | (2) The Secretary of the Budget or a designee who shall |
20 | be an employee of the Office of the Budget. |
21 | (3) Four members appointed by the General Assembly under |
22 | subsection (c). |
23 | (4) One member appointed by the Governor under |
24 | subsection (d). |
25 | (c) Legislative appointments.-- |
26 | (1) Appointments of members by the General Assembly |
27 | shall be made as follows: |
28 | (i) One individual appointed by the President pro |
29 | tempore of the Senate. |
30 | (ii) One individual appointed by the Minority Leader |
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1 | of the Senate. |
2 | (iii) One individual appointed by the Speaker of the |
3 | House of Representatives. |
4 | (iv) One individual appointed by the Minority Leader |
5 | of the House of Representatives. |
6 | (2) Legislative appointees shall be residents of this | <-- |
7 | Commonwealth and serve at the pleasure of the appointing |
8 | authority. |
9 | (3) Legislative appointees shall have expertise or |
10 | substantial experience in one or more of the following areas: |
11 | (i) Transportation. |
12 | (ii) Finance. |
13 | (iii) Law. |
14 | (iv) Land use and public planning. |
15 | (d) Gubernatorial appointment.--A member appointed under |
16 | subsection (b)(4): |
17 | (1) May not hold any other position as an elected |
18 | official or employee of the Commonwealth. |
19 | (2) Shall be a resident of this Commonwealth and have | <-- |
20 | expertise or substantial experience in one or more of the |
21 | following areas: |
22 | (i) Transportation. |
23 | (ii) Finance. |
24 | (iii) Law. |
25 | (iv) Land use and public planning. |
26 | (3) Shall serve at the pleasure of the Governor. |
27 | (e) Quorum.--Five members of the board shall constitute a |
28 | quorum. The adoption of a resolution or other action of the |
29 | board shall require a majority vote of the members of the board. |
30 | (f) Compensation.--The members of the board shall be |
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1 | entitled to no compensation for their services as members of the |
2 | board but shall be entitled to reimbursement by the department |
3 | for all necessary and reasonable expenses incurred in connection |
4 | with the performance of their duties as members of the board. |
5 | (g) Initial appointment and vacancy.--Appointing authorities |
6 | shall appoint initial board members within 30 days of the |
7 | effective date of this section. Whenever a vacancy occurs on the |
8 | board, the appointing authority shall appoint a successor member |
9 | within 30 days of the vacancy. |
10 | (h) Financial interests.--No member of the board, during his |
11 | term of office shall directly or indirectly own, have any |
12 | significant financial interest in, be associated with or receive |
13 | any fee, commission, compensation or anything of value from any |
14 | public entity or private entity seeking to engage in a public- |
15 | private transportation partnership agreement. |
16 | (i) Applicability.--The following acts shall apply to the |
17 | board: |
18 | (1) The Right-to-Know Law. | <-- |
19 | (1) The act of February 14, 2008 (P.L.6, No.3), known as | <-- |
20 | the Right-to-Know Law. |
21 | (2) The State Adverse Interest Act. |
22 | (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to |
23 | open meetings) and 11 (relating to ethics standards and |
24 | financial disclosure). |
25 | § 9105. Duties of board. |
26 | (a) Duties.--The board shall do all of the following: |
27 | (1) Meet as often as necessary but at least annually. |
28 | (2) Adopt guidelines establishing the procedure by which |
29 | a public entity may submit a request for a transportation |
30 | project or a private entity may submit an unsolicited plan |
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1 | for a transportation project to the board. |
2 | (3) Consult with persons affected by proposed |
3 | transportation projects. |
4 | (4) Evaluate and, where the board finds that the |
5 | requests or plans for transportation projects are in the best |
6 | interests of the Commonwealth and a public entity, approve |
7 | the requests or plans for transportation projects. The board |
8 | shall approve a proposed transportation project by adopting a |
9 | resolution. |
10 | (5) Submit an annual report to the General Assembly |
11 | detailing all transportation projects evaluated and |
12 | resolutions adopted. |
13 | (b) Actions.--Actions by the board are a determination of |
14 | public policy and public interest and shall not be considered |
15 | adjudications under 2 Pa.C.S. Chs. 5 Subch. A (relating to |
16 | practice and procedure of Commonwealth agencies) and 7 Subch. A |
17 | (relating to judicial review of Commonwealth agency action) and |
18 | shall not be appealable to the department or a court of law. |
19 | (c) General Assembly.--The following shall apply: |
20 | (1) The General Assembly may, within 30 20 calendar days | <-- |
21 | or 12 nine legislative days, whichever is longer, of the | <-- |
22 | adoption of the resolution under subsection (a)(4), pass a |
23 | concurrent resolution rescinding the approval of a |
24 | transportation project if the transportation facility which |
25 | is the subject of the transportation project is owned by the |
26 | Commonwealth. |
27 | (2) If the General Assembly adopts the concurrent |
28 | resolution within the time period under paragraph (1) by |
29 | majority vote in both the Senate and the House of |
30 | Representatives, the transportation project shall be deemed |
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1 | disapproved. |
2 | (3) If the General Assembly fails to adopt the |
3 | concurrent resolution by majority vote in both the Senate and |
4 | the House of Representatives within the time period under |
5 | paragraph (1), the transportation project shall be deemed |
6 | approved. |
7 | § 9106. Operation of board. |
8 | (a) Technical assistance.--The department shall supply all |
9 | necessary assistance to assist the board in carrying out its |
10 | duties and responsibilities, including retention of legal, |
11 | financial and technical consultants to assist with this role. |
12 | (b) Analysis.--The department shall develop a detailed |
13 | analysis of a request or recommendation prior to approval by the |
14 | board. |
15 | (c) Oversight.--If a transportation project becomes a |
16 | public-private transportation project, the department shall |
17 | retain oversight and monitor the public-private transportation |
18 | project, including periodic reports to the board, as necessary. |
19 | § 9107. Solicitations for transportation projects. |
20 | A public entity may solicit transportation projects through a |
21 | request for transportation projects. The public entity shall |
22 | give public notice of a request for transportation projects |
23 | consistent with section 9110(c) (relating to selection of |
24 | development entities). Offerors shall submit their responses to |
25 | the public entity in the form and manner required by the request |
26 | for transportation projects. A public entity shall evaluate each |
27 | response to determine if the response is in the best interest of |
28 | the public entity. Upon being satisfied, the public entity may |
29 | prepare and submit a request to the board to review the |
30 | transportation project in accordance with this chapter. |
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1 | § 9108. Transportation projects. |
2 | (a) Submission.--Except as provided under subsection (b), a |
3 | public entity which seeks to undertake a transportation project |
4 | which has not been previously approved by the board shall submit |
5 | a request for the transportation project to the board. |
6 | (b) Exception.--This section shall not apply to a | <-- |
7 | transportation project which a public entity is authorized to |
8 | undertake prior to the effective date of this subsection. |
9 | (b) Exception.--This chapter shall not apply to a | <-- |
10 | transportation project which a public entity is authorized under |
11 | law to undertake on the effective date of this subsection. |
12 | § 9109. Requests. |
13 | A request may be solicited or unsolicited and may provide for |
14 | the development or operation of transportation facilities using |
15 | a variety of project delivery methods and forms of agreement. |
16 | The methods may include: |
17 | (1) Predevelopment agreements leading to other |
18 | implementing agreements. |
19 | (2) A design-build agreement. |
20 | (3) A design-build-operate agreement. |
21 | (4) A design-build-maintain agreement. |
22 | (5) A design-build-finance-operate agreement. |
23 | (6) A design-build-operate-maintain agreement. |
24 | (7) A design-build-finance-operate-maintain agreement. |
25 | (8) An operate-maintain agreement. |
26 | (9) A concession providing for the development entity to |
27 | design, build, operate, maintain, manage or lease a |
28 | transportation facility. |
29 | (10) Any other innovative or nontraditional project |
30 | delivery method or agreement or combination of methods or |
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1 | agreements that the public entity determines will address the |
2 | transportation needs of the Commonwealth and the public |
3 | entity and serve the public interest. |
4 | § 9110. Selection of development entities. |
5 | (a) Conditions for use.--If a transportation project is |
6 | approved under section 9105 (relating to duties of board), the |
7 | public entity may enter into a contract for the transportation |
8 | project by competitive sealed proposals. |
9 | (b) Request for proposals.--After receiving the |
10 | determination required by subsection (a), a public entity shall |
11 | solicit proposals through a request for proposals. |
12 | (c) Public notice.--A public entity shall give public notice |
13 | of a request for proposals consistent with regulations adopted |
14 | by the department. The notice shall be given a reasonable time |
15 | prior to the date set for the close of receipt of the proposals. |
16 | The method of public notice may include any of the following: |
17 | (1) Electronic publication which is accessible to the |
18 | general public. |
19 | (2) Advertisement as provided for in 45 Pa.C.S. § 306 |
20 | (relating to use of trade publications). |
21 | (3) Issuance of request for proposals to offerors on the |
22 | mailing list of the public entity. |
23 | (4) Publication in a newspaper of general circulation. |
24 | (5) Where prequalification is a requirement of |
25 | submitting a proposal, notification to all private entities |
26 | who have been prequalified by the public entity. |
27 | (d) Copies of request for proposal.--Copies of a request for |
28 | proposals shall be made available to any interested person upon |
29 | request to the public entity. A public entity may establish |
30 | procedures for the distribution of a request for proposals, |
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1 | including the imposition of a fee to reimburse the public entity |
2 | for the costs of photocopying and mailing. |
3 | (e) Receipt of proposals.--Offerors shall submit their |
4 | proposals to ensure that their proposals are received prior to |
5 | the time and date established for receipt of the proposals. |
6 | Proposals shall be submitted in the format required by the |
7 | request for proposals. Proposals shall be opened so as to avoid |
8 | disclosure of their contents to competing offerors. |
9 | (f) Evaluation.--A public entity shall evaluate each |
10 | proposal to determine which proposal has the best value for and |
11 | is in the best interest of the public entity. In making this |
12 | determination, a public entity may consider any of the |
13 | following: |
14 | (1) Cost. |
15 | (2) Price. |
16 | (3) Financial commitment. |
17 | (4) Innovative financing. |
18 | (5) Bonding. |
19 | (6) Technical, scientific, technological or |
20 | socioeconomic merit. |
21 | (7) Financial strength and viability. |
22 | (8) Design, operation and feasibility of the |
23 | transportation project. |
24 | (9) Public reputation, qualifications, industry |
25 | experience and financial capacity of the private entity. |
26 | (10) The ability of the transportation project to |
27 | improve economic growth, to improve public safety, to reduce |
28 | congestion, to increase capacity or to rehabilitate, |
29 | reconstruct or expand an existing transportation facility. |
30 | (11) The compatibility of the proposal with existing |
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1 | local and regional land use plans. |
2 | (12) The commitment of local communities to approve land |
3 | use plans in preparation for the transportation project. |
4 | (13) Other factors deemed appropriate by the public |
5 | entity. |
6 | (g) Weighted consideration.--The relative importance of each |
7 | evaluation factor shall be fixed prior to opening the proposals. |
8 | (h) Participation in evaluation.--If the public entity is |
9 | the Commonwealth, the department is required to invite its |
10 | comptroller to participate in the evaluation as a nonvoting |
11 | member of any evaluation committee. No individual who has been |
12 | employed by an offeror within the last two years may participate |
13 | in the evaluation of proposals. |
14 | (i) Discussion with responsible offerors and revision of |
15 | proposals.--As provided in the request for proposals, |
16 | discussions and negotiations may be conducted with responsible |
17 | offerors for the purpose of clarification and of obtaining best |
18 | and final offers. Responsible offers shall be accorded fair and |
19 | equal treatment with respect to any opportunity for discussion |
20 | and revision of proposals. In conducting discussions, there |
21 | shall be no disclosure of any information derived from proposals |
22 | submitted by competing offerors. |
23 | (j) Selection for negotiation.--The responsible offeror |
24 | whose proposal is determined in writing to be the best value for |
25 | and in the best interests of the public entity, taking into |
26 | consideration all evaluation factors, shall be selected for |
27 | contract negotiation. |
28 | (k) Cancellation.--A request for proposals may be canceled |
29 | at any time prior to the time a public-private transportation |
30 | partnership agreement is executed by all parties when it is in |
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1 | the best interests of the public entity. |
2 | (l) Award.--Upon reaching an agreement with a responsible |
3 | offeror, a public entity shall enter into a public-private |
4 | transportation partnership agreement with the responsible |
5 | offeror. The public-private transportation partnership agreement |
6 | shall be consistent with the requirements of this chapter. If |
7 | agreement cannot be reached with the best qualified responsible |
8 | offeror, then negotiations will be formally terminated with the |
9 | offeror. If proposals were submitted by one or more other |
10 | responsible offerors, negotiations may be conducted with the |
11 | other responsible offeror or responsible offerors in the order |
12 | of their respective qualification ranking. The contract may be |
13 | awarded to the responsible offeror then ranked as best |
14 | qualified. |
15 | (m) Resolution of controversies involving the |
16 | Commonwealth.--If a prospective offeror, offeror or development |
17 | entity is aggrieved by a selection under this section and the |
18 | public entity or proprietary public entity in the invitation or |
19 | contract is the Commonwealth, the prospective offeror, offeror |
20 | or development entity may file a protest or a claim, as |
21 | appropriate, in accordance with 62 Pa.C.S. Ch. 17 (relating to |
22 | legal and contractual remedies). |
23 | (n) Resolution of controversies not involving the | <-- |
24 | Commonwealth.--If a prospective offeror, offeror or development |
25 | entity is aggrieved by a selection under this section and the |
26 | public entity or proprietary public entity in the invitation or |
27 | contract is an entity other than the Commonwealth, a prospective |
28 | offeror, offeror or development entity may file a protest or a |
29 | claim, as appropriate, with the court of common pleas where the |
30 | public entity or proprietary public entity is located. The |
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1 | processes for the filing and resolution of protests and the |
2 | (n) Resolution of controversies not involving the | <-- |
3 | Commonwealth.--If a development entity is aggrieved by a |
4 | selection under this section and the proprietary public entity |
5 | in the contract is an entity other than the Commonwealth, a |
6 | development entity may file a claim with the court of common |
7 | pleas where the proprietary public entity is located. The |
8 | process for the filing and resolution of claims, including |
9 | rights, contents, timing, evaluation, determination and |
10 | remedies, which are established in 62 Pa.C.S. Ch. 17, shall |
11 | apply insofar as they are practicable. |
12 | § 9111. Public-private transportation partnership agreement. |
13 | (a) Agreement provisions.--A public-private transportation |
14 | partnership agreement shall include the following provisions: |
15 | (1) A description of any planning, development, design, |
16 | leasing, acquisition or interest in, financing, installation, |
17 | construction, reconstruction, replacement, expansion, |
18 | operation, maintenance, improvement, equipping, modification, |
19 | expansion, enlargement, management, running, control and |
20 | operation of the public-private transportation project. |
21 | (2) The term of the public-private transportation |
22 | partnership agreement. |
23 | (3) The type of property interest or other relationship |
24 | the development entity will have in or with respect to the |
25 | public-private transportation partnership project, including |
26 | acquisition of rights-of-way and other property interests |
27 | that may be required. |
28 | (4) Authorization for the proprietary public entity or |
29 | its authorized representatives to inspect all assets and |
30 | properties of the public-private transportation project and |
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1 | all books and records of the development entity relating to |
2 | the public-private transportation project to review the |
3 | development entity's performance under the public-private |
4 | transportation partnership agreement. |
5 | (5) Grounds for termination of the public-private |
6 | transportation partnership agreement by the parties. |
7 | (6) Procedures for amendment of the public-private |
8 | transportation partnership agreement. |
9 | (7) The rights and remedies available in the event of |
10 | breach, default or delay. |
11 | (8) Requirements for a private development entity to |
12 | provide performance and payment bonds, parent company |
13 | guarantees, letters of credit or other acceptable forms of |
14 | security in an amount acceptable to the proprietary public |
15 | entity. |
16 | (9) A requirement that ownership of a transportation |
17 | facility acquired or constructed go to or remain with the |
18 | proprietary public entity. |
19 | (10) Standards for construction, maintenance and |
20 | operation of the public-private transportation project if the |
21 | activities are to be performed by the development entity. |
22 | (11) Standards for capital improvement or modification |
23 | of the public-private transportation project if they are to |
24 | be made by the development entity. |
25 | (12) Standards relating to how payments, if any, are to |
26 | be made by the proprietary public entity to the development |
27 | entity, including availability payments, performance-based |
28 | payment and payments of money and revenue-sharing with the |
29 | development entity. |
30 | (13) Standards relating to how the parties will allocate |
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1 | and share management of the risks of the public-private |
2 | transportation project. |
3 | (14) Standards relating to how the parties will allocate |
4 | costs of development of the public-private transportation |
5 | project, including any cost overruns. |
6 | (15) Standards relating to damages to be assessed for |
7 | nonperformance, specifying remedies available to the parties |
8 | and dispute resolution procedures. |
9 | (16) Standards relating to performance criteria and |
10 | incentives. |
11 | (17) A requirement that upon termination of the public- |
12 | private transportation partnership agreement, a |
13 | transportation facility that was the subject of the public- |
14 | private transportation partnership agreement must be in a |
15 | state of proper maintenance and repair and shall be returned |
16 | to the proprietary public entity in satisfactory condition at |
17 | no further cost to the proprietary public entity. |
18 | (18) Provisions for law enforcement related to the |
19 | public-private transportation project. |
20 | (19) An obligation of the development entity to offer |
21 | employment to any employee of the proprietary public entity |
22 | who would lose employment due to the execution of the public- |
23 | private transportation partnership agreement and who is in |
24 | good standing at the time of execution of the public-private |
25 | transportation partnership agreement, including salary, |
26 | retirement, health and welfare and benefits which are |
27 | substantially identical to the benefits received by the |
28 | employees immediately prior to execution of the public- |
29 | private transportation partnership agreement for the term of |
30 | the collective bargaining agreement of those employees in |
|
1 | effect. An employee of the proprietary public entity who does | <-- |
2 | not accept employment with the development entity shall be |
3 | reassigned to an equivalent position, without loss of |
4 | seniority, within a worksite in as close proximity to the |
5 | public-private transportation project as feasible. Nothing in |
6 | this paragraph shall impair provisions related to furloughs |
7 | and layoffs of the collective bargaining agreement of those |
8 | employees in effect. |
9 | (20) Other terms and provisions as required under this |
10 | chapter or agreed to by the development entity and the |
11 | proprietary public entity. |
12 | (b) Term.--The proprietary public entity may enter into a |
13 | public-private transportation partnership agreement with any |
14 | development entity that includes the provisions under subsection |
15 | (a) for a term not to exceed 99 years. |
16 | (c) Public partner.--Nothing in this chapter shall prohibit |
17 | the department from entering into a public-private |
18 | transportation partnership agreement with another Commonwealth |
19 | agency in accordance with this chapter. |
20 | (d) Public entity.--Nothing in this chapter shall prohibit a |
21 | public entity from entering into a public-private transportation |
22 | partnership agreement with one or more public entities in |
23 | accordance with this chapter. |
24 | (e) Environmental costs.-- |
25 | (1) A proprietary public entity may provide in a public- |
26 | private transportation partnership agreement that it will pay |
27 | or reimburse, on terms that it deems appropriate, the |
28 | development entity for actual costs associated with necessary |
29 | remediation for existing environmental contaminants located |
30 | on, under or emanating from the real property associated with |
|
1 | a public-private transportation project as of the date the |
2 | development entity assumes responsibility for the public- |
3 | private transportation project. If the public-private |
4 | transportation partnership agreement provides for |
5 | environmental remediation, the public-private transportation |
6 | partnership agreement shall require that the proprietary |
7 | public entity be given: |
8 | (i) Prompt notice of any claim against the |
9 | proprietary public entity or a third party pertaining to |
10 | the contaminants. |
11 | (ii) The right to elect to undertake the necessary |
12 | remediation. |
13 | (iii) The right to participate in the defense of or |
14 | response to any claim. |
15 | (iv) The right of prior approval before the |
16 | development entity may settle any claim. |
17 | (2) No payment by a proprietary public entity under this |
18 | section may be for anything other than actual costs incurred |
19 | by a development entity to remediate the environmental |
20 | contamination on, under or emanating from the real property |
21 | associated with the public-private transportation project as |
22 | of the date the development entity assumes responsibility for |
23 | the public-private transportation project. |
24 | (f) User fees.--A provision establishing whether user fees |
25 | will be collected imposed for use of the public-private | <-- |
26 | transportation project and the basis by which any user fees will |
27 | be imposed and collected shall be determined in the public- | <-- |
28 | private transportation partnership agreement. If a user fee is |
29 | proposed as part of the public-private transportation project, a |
30 | proprietary public entity shall include provisions in the |
|
1 | agreement that authorize the collection of user fees, tolls, |
2 | fares or similar charges, including provisions that: |
3 | (1) Specify technology to be used in the public-private |
4 | transportation project. |
5 | (2) Establish circumstances under which the proprietary |
6 | public entity may receive a share of revenues from the |
7 | charges. |
8 | (3) Govern the enforcement of electronic tolls, |
9 | including provisions for use of available technology. |
10 | (4) Establish payment collection standards, including |
11 | provisions for enforcement of nonpayment and penalties. |
12 | (5) In the event an operator of a vehicle fails to pay |
13 | the prescribed toll or user fee at any location on a public- |
14 | private transportation project where tolls or user fees are |
15 | collected by means of an electronic or other automated or |
16 | remote form of collection, the collection provisions of |
17 | section 8117 (relating to electronic toll collection) shall |
18 | apply except that the development entity shall possess all of |
19 | the rights, roles, limitations and responsibilities of the |
20 | Pennsylvania Turnpike Commission. |
21 | (g) Amounts received under a public-private transportation |
22 | partnership agreement.--The net proceeds received by the |
23 | proprietary public entity under a public-private transportation |
24 | partnership agreement shall be available exclusively to provide |
25 | funding for transportation needs in this Commonwealth. The use |
26 | of the proceeds or other revenues from the public-private |
27 | transportation project shall comply with Federal or State law |
28 | restricting or limiting the use of revenue from the public- |
29 | private transportation project based on its public funding. |
30 | § 9112. Records of requests. |
|
1 | Notwithstanding the Right-to-Know Law, the The following | <-- |
2 | shall apply: |
3 | (1) Upon the selection of a development entity to be a |
4 | party to a public-private transportation partnership |
5 | agreement, the identity of the development entity selected, |
6 | the contents of the response of the development entity to the |
7 | request for proposals, the final proposal submitted by the |
8 | development entity and the form of the public-private |
9 | transportation partnership agreement shall be made public. |
10 | Any financial information of a development entity that was |
11 | requested in the request for proposals or during discussions |
12 | and negotiations to demonstrate the economic capability of a |
13 | development entity to fully perform the requirements of the |
14 | public-private transportation partnership agreement shall not |
15 | be subject to public inspection. |
16 | (2) A proprietary public and a private development |
17 | entity may agree, in their discretion, to make public any |
18 | information described under paragraph (1) that would not |
19 | otherwise be subject to public inspection. |
20 | (3) If a proprietary public entity terminates a public- |
21 | private transportation partnership agreement for default, |
22 | rejects a private entity on the grounds that the private |
23 | entity is not responsible or suspends or debars a development |
24 | entity, the private entity or development entity, as |
25 | appropriate, shall, upon written request, be provided with a |
26 | copy of the information contained in the file of the private |
27 | entity or development entity maintained by the proprietary |
28 | public entity under a contractor responsibility program. |
29 | (4) The following information shall not be subject to | <-- |
30 | the Right-to-Know Law public: | <-- |
|
1 | (i) Information relating to proprietary information, |
2 | trade secrets, patents or exclusive licenses, |
3 | architectural and engineering plans and information |
4 | relating to competitive marketing materials and |
5 | strategies. |
6 | (ii) Security information, including risk prevention |
7 | plans, detection and countermeasures, emergency |
8 | management plans, security and surveillance plans, |
9 | equipment and usage protocols and countermeasures. |
10 | (iii) Records considered nonpublic matters or |
11 | information by the Securities and Exchange Commission |
12 | under 17 CFR 200.80 (relating to commission records and |
13 | information). |
14 | (iv) Any financial information deemed confidential |
15 | by the proprietary public entity upon a showing of good |
16 | cause by the offeror or development entity. |
17 | (v) Records prepared or utilized to evaluate a | <-- |
18 | proposal. |
19 | § 9113. Use of intellectual property. |
20 | Unless otherwise agreed and except to the extent not |
21 | transferable by law, the department or a proprietary public |
22 | entity shall have the right to use all or a portion of a |
23 | submitted proposal, including the technologies, techniques, |
24 | methods, processes and information contained in the proposal. |
25 | Notice of nontransferability by law shall be given to the |
26 | department and the proprietary public entity in response to the |
27 | request for proposals. |
28 | § 9114. Police powers and violations of law. |
29 | (a) Enforcement of traffic laws.--To the extent the public- |
30 | private transportation project is a highway, bridge, tunnel |
|
1 | overpass or similar transportation facility for motor vehicles, |
2 | 75 Pa.C.S. (relating to vehicles) and other laws of this |
3 | Commonwealth or, if applicable, any local jurisdiction shall be |
4 | the same as those applying to conduct on similar transportation |
5 | facilities in this Commonwealth or the local jurisdiction. |
6 | Punishment for offenses shall be prescribed by law for conduct |
7 | occurring on similar transportation facilities in this |
8 | Commonwealth or the local jurisdiction. |
9 | (b) Arrest powers.--All officers authorized by law to make |
10 | arrests for violations of law in this Commonwealth shall have |
11 | the same powers, duties and jurisdiction within the limits of a |
12 | public-private transportation project as they have in their |
13 | respective areas of jurisdiction. The grant of authority under |
14 | this section shall not extend to the private offices, buildings, |
15 | garages and other improvements of a development entity to any |
16 | greater degree than the police power extends to any other |
17 | private offices, buildings, garages and other improvements. |
18 | § 9115. Environmental and other authorizations. |
19 | (a) The Administrative Code of 1929.--Notwithstanding any |
20 | other provision of law, neither soliciting nor approving a |
21 | request for proposals, nor executing a public-private |
22 | transportation partnership agreement under this chapter shall |
23 | constitute the submission of a preliminary plan or design to the |
24 | department under section 2002(b) of the act of April 9, 1929 |
25 | (P.L.177, No.175), known as The Administrative Code of 1929. |
26 | (b) Environmental authorizations.--A public-private |
27 | transportation partnership agreement may require that prior to |
28 | commencing any construction in connection with the development, |
29 | operation or financing of any public-private transportation |
30 | project if the agreement requires environmental authorizations |
|
1 | to be obtained, the development entity shall do any of the |
2 | following: |
3 | (1) Secure all necessary environmental permits and |
4 | authorizations and, if specified under the act of May 19, |
5 | 1995 (P.L.4, No.2), known as the Land Recycling and |
6 | Environmental Remediation Standards Act, obtain the approval |
7 | of the Department of Environmental Protection. |
8 | (2) Complete environmental remediation of the site on |
9 | which the public-private transportation project is to be |
10 | located, including acts required under any agreement entered |
11 | into with the Department of Environmental Protection for |
12 | remediation of the site under the Land Recycling and |
13 | Environmental Remediation Standards Act. |
14 | § 9116. Taxation of development entity. |
15 | (a) General rule.--To the extent that revenues or user fees |
16 | received by a development entity pursuant to a public-private |
17 | transportation partnership agreement are subject to a tax |
18 | imposed by a political subdivision prior to the effective date |
19 | of this section, the revenues or user fees shall continue to be |
20 | subject to the tax and to future increases in the rate of the |
21 | tax. |
22 | (b) New taxation barred.--After the effective date of this |
23 | section, no new tax shall be imposed by a political subdivision |
24 | or the Commonwealth on the revenues or user fees received by a |
25 | development entity pursuant to a public-private transportation |
26 | partnership agreement. |
27 | (c) Realty transfer tax.--No public-private transportation |
28 | partnership agreement, lease, concession, franchise or other |
29 | contract involving real property of a public-private |
30 | transportation project shall be subject to a Commonwealth or |
|
1 | local realty transfer tax imposed under the act of December 31, |
2 | 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, |
3 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
4 | Code of 1971, or a successor statute. |
5 | (d) Property.--Property used in connection with a public- |
6 | private transportation project shall be considered public |
7 | property and shall be exempt from ad valorem property taxes and |
8 | special assessments levied against property by the Commonwealth |
9 | or any political subdivision. |
10 | § 9117. Power of eminent domain. |
11 | The exercise of the power of eminent domain by any condemnor |
12 | to acquire property for public-private transportation project |
13 | purposes under a public-private transportation partnership |
14 | agreement shall be considered a taking for a public purpose and |
15 | not for a private purpose or for private enterprise. |
16 | § 9118. Sovereign immunity. |
17 | Under section 11 of Article 1 of the Constitution of |
18 | Pennsylvania, it is declared to be the intent of the General |
19 | Assembly that the Commonwealth, and its officials and employees |
20 | and a municipal authority, and its officials and employees, |
21 | acting within the scope of their duties, shall continue to enjoy |
22 | sovereign immunity and official immunity and remain immune from |
23 | suit except as provided in section 9119 (relating to specific |
24 | performance). A claim against the Commonwealth and its officials |
25 | and employees or municipal authority and its officials and |
26 | employees shall be brought only in such manner and in such |
27 | courts and in such cases as directed by the provision of section |
28 | 9111(e) (relating to public-private transportation partnership |
29 | agreement), 42 Pa.C.S. Ch. 85 (relating to matters affecting |
30 | government units), 62 Pa.C.S. Ch. 17 (relating to legal and |
|
1 | contractual remedies) or any procurement law applicable to a |
2 | municipal authority. |
3 | § 9119. Specific performance. |
4 | A proprietary public entity is authorized to agree that |
5 | specific performance shall be available to a development entity |
6 | as a remedy for a breach by the proprietary public entity of its |
7 | representations, covenants, warranties or other obligations |
8 | under the public-private transportation partnership agreement to |
9 | the extent set forth in the public-private transportation |
10 | partnership agreement. |
11 | § 9120. Additional provisions. | <-- |
12 | To the extent applicable, all provisions of law shall apply |
13 | to a contract entered into between a proprietary public entity |
14 | and a development entity related to the development, operation |
15 | or financing of a public-private transportation project under |
16 | this chapter. This section includes: |
17 | (1) 62 Pa.C.S. § 107 (relating to reciprocal |
18 | limitations). |
19 | (2) 62 Pa.C.S. § 531 (relating to debarment or |
20 | suspension). |
21 | (3) 62 Pa.C.S. § 541 (relating to approval of accounting |
22 | system). |
23 | (4) 62 Pa.C.S. § 551 (relating to right to inspect |
24 | plant). |
25 | (5) 62 Pa.C.S. § 552 (relating to right to audit |
26 | records). |
27 | (6) 62 Pa.C.S. § 563 (relating to retention of |
28 | procurement records). |
29 | (7) The act of August 15, 1961 (P.L.987, No.442), known |
30 | as the Pennsylvania Prevailing Wage Act. |
|
1 | § 9120. Applicability of other laws. | <-- |
2 | All provisions of laws related to the development, |
3 | construction, operation or financing of a transportation project |
4 | in effect on the date the public-private transportation |
5 | partnership agreement is fully executed shall apply to a public- |
6 | private transportation partnership agreement entered into |
7 | between a proprietary public entity and a development entity. |
8 | The provisions shall include: |
9 | (1) The act of May 1, 1913 (P.L.155, No.104), referred |
10 | to as the Separations Act. |
11 | (2) The act of August 15, 1961 (P.L.987, No.442), known |
12 | as the Pennsylvania Prevailing Wage Act. |
13 | (3) 62 Pa.C.S. § 107 (relating to reciprocal |
14 | limitations). |
15 | (4) 62 Pa.C.S. § 531 (relating to debarment of |
16 | suspension). |
17 | (5) 62 Pa.C.S. § 541 (relating to approval of accounting |
18 | system). |
19 | (6) 62 Pa.C.S. § 551 (relating to right to inspect |
20 | plant). |
21 | (7) 62 Pa.C.S. § 552 (relating to right to audit |
22 | records). |
23 | (8) 62 Pa.C.S. § 563 (relating to retention of |
24 | procurement records). |
25 | (9) 62 Pa.C.S. § Ch. 17 (relating to legal and |
26 | contractual remedies). |
27 | § 9121. Adverse interest. |
28 | (a) Private entity adverse interests.--The following shall |
29 | apply: |
30 | (1) Except as provided under paragraph (2), a private |
|
1 | entity which submits a response to a request for proposals |
2 | under section 9110 (relating to selection of development |
3 | entities), a request for transportation projects under |
4 | section 9107 (relating to solicitations for transportation |
5 | projects) or an unsolicited proposal, and which is also a |
6 | State adviser or a State consultant for the department or the |
7 | Pennsylvania Turnpike Commission, shall not be deemed to be |
8 | in violation of the State Adverse Interest Act while engaging |
9 | in any of the following activities: |
10 | (i) Preparing or submitting a response to a request |
11 | for proposals or transportation projects. |
12 | (ii) Participating in any activity with the |
13 | department related to a request for proposals or |
14 | transportation projects. |
15 | (iii) Negotiating and entering into any contract |
16 | lease or public-private transportation partnership |
17 | agreement which results from a request for proposals or |
18 | transportation projects. |
19 | (iv) Engaging in any other action taken in |
20 | furtherance of the purposes of this chapter. |
21 | (2) A private entity which submits a response to a |
22 | request for proposals or transportation projects or acts as a |
23 | consultant or an adviser to a private entity which submits a |
24 | response to a request for proposals or transportation |
25 | projects to the department shall be prohibited from |
26 | consulting or providing advice to the department on the |
27 | review or approval of the response to the request for |
28 | proposals or transportation projects as submitted. |
29 | (3) A private entity which submits a response to a |
30 | request for proposals or transportation projects or acts as a |
|
1 | consultant or an advisor to a private entity which submits a |
2 | response to a request for proposals or transportation |
3 | projects to the board shall be prohibited from consulting or |
4 | providing advice to the department on the review or approval |
5 | of the response to the request for proposals or |
6 | transportation projects so submitted. |
7 | (b) Definitions.--As used in this section, the following |
8 | words and phrases shall have the meanings given to them in this |
9 | subsection unless the context clearly indicates otherwise: |
10 | "State adviser." As defined in section 2(7) of the act of |
11 | July 19, 1957 (P.L.1017, No.451), known as the State Adverse |
12 | Interest Act. |
13 | "State consultant." As defined in section 2(9) of the act of |
14 | July 19, 1957 (P.L.1017, No.451), known as the State Adverse |
15 | Interest Act. |
16 | § 9122. Federal, State, local and private assistance. |
17 | (a) Federal assistance.--The following shall apply: |
18 | (1) The department or a proprietary public entity may |
19 | accept from the United States or any of its agencies funds |
20 | that are available to the Commonwealth for carrying out this |
21 | chapter, whether the funds are made available by grant, loan, |
22 | loan guarantee or otherwise. |
23 | (2) The department or a proprietary public entity is |
24 | authorized to assent to any Federal requirements, conditions |
25 | or terms of any Federal funding accepted by the department or |
26 | a proprietary public entity under this section. |
27 | (3) The department or a proprietary public entity may |
28 | enter into agreements or other arrangements with the United |
29 | States or any of its agencies as may be necessary for |
30 | carrying out the purposes of this chapter. |
|
1 | (b) Acceptance of grants and donations.--The department or a |
2 | proprietary public entity may accept from any source any grant, |
3 | donation, gift or other form of conveyance of land, money or |
4 | other real, personal or mixed property or other item of value |
5 | for carrying out the purpose of this chapter. |
6 | (c) Contributions.--Subject to acceptance and agreement |
7 | between the development entity and a proprietary public entity, |
8 | any public-private transportation project may be financed, in |
9 | whole or in part, by contribution of any funds or property made |
10 | by a proprietary public entity, a development entity or an |
11 | affected jurisdiction. |
12 | (d) Combination of funds.--The department or proprietary |
13 | public entity may combine Federal, State, local and private |
14 | funds to finance a public-private transportation project under |
15 | this chapter. |
16 | (e) Itemization.--Pursuant to section 7(a)(4) of Article | <-- |
17 | VIII of the Constitution of Pennsylvania, a public-private |
18 | transportation project funded, in whole or in part, through the |
19 | issuance of debt where the credit of the Commonwealth is pledged |
20 | shall be itemized in a capital budget itemization act. |
21 | § 9123. Public-Private Transportation Account. |
22 | (a) Establishment.-- |
23 | (1) There is established within the Motor License Fund a |
24 | separate account to be known as the Public-Private |
25 | Transportation Account. |
26 | (2) Money in the account shall be used only for the |
27 | purposes enumerated under subsection (c). |
28 | (b) Deposits to account.--The following shall apply: |
29 | (1) The department shall deposit in the account the |
30 | following: |
|
1 | (i) All money received by the department pursuant to |
2 | the terms of a public-private transportation partnership |
3 | agreement under which the department is the proprietary |
4 | public entity. |
5 | (ii) Repayment of any loans from the account made |
6 | under this chapter. |
7 | (iii) Subject to the provisions of any public- |
8 | private transportation partnership agreement under which |
9 | the department is the proprietary public entity, monetary |
10 | damages and other amounts for failure by a development |
11 | entity to comply with the terms of the public-private |
12 | transportation partnership agreement. |
13 | (iv) Subject to the provisions of any public-private |
14 | transportation partnership agreement under which the |
15 | department is the proprietary public entity, payments |
16 | made from any insurance proceeds or reserve funds or |
17 | performance or payment bonds in connection with a public- |
18 | private transportation project. |
19 | (v) Earnings from the investment of the money in the |
20 | account. |
21 | (2) The Secretary of the Budget shall establish any |
22 | restricted accounts within the account as the secretary deems |
23 | necessary for the proper administration of the account. |
24 | (3) All money related to any public-private |
25 | transportation partnership agreement in which the department |
26 | is not the proprietary public entity shall not be held in the |
27 | account, but shall be held by the proprietary public entity |
28 | or its agent. |
29 | (c) Appropriation.--The funds in the account are |
30 | continuously appropriated to the department for the following |
|
1 | purposes: |
2 | (1) Paying the amounts as the department may be required |
3 | to repay the Federal Highway Administration funding agencies. | <-- |
4 | (2) Paying all amounts designated by the department as |
5 | required for repayment or defeasance of outstanding bonds. |
6 | (3) Paying costs of maintenance, operating and financing |
7 | of transportation facilities in this Commonwealth which are |
8 | available for use by the public, including the costs of |
9 | insurance or reserves against risks of contingencies. |
10 | (4) Paying expenses incurred under or in connection with |
11 | any public-private transportation partnership agreement by |
12 | the department, including professional fees and expenses. |
13 | (5) Paying the costs of the department relating to |
14 | performing and administering duties under this chapter. |
15 | (6) Paying all expenses approved by the board for its |
16 | costs incurred to perform its duties, including paying |
17 | professional fees and expenses. |
18 | (7) Paying costs of any purpose authorized under this |
19 | chapter. |
20 | (d) Amounts received.--The net proceeds received under a |
21 | public-private transportation partnership agreement shall be |
22 | available exclusively to provide funding for transportation |
23 | needs in this Commonwealth. The use of the proceeds or other |
24 | revenues from the public-private transportation project shall be |
25 | in accord with Federal or State law restricting or limiting the |
26 | use of revenue from the public-private transportation project |
27 | based on its public funding. |
28 | § 9124. Pennsylvania Turnpike Commission. |
29 | The Pennsylvania Turnpike Commission may not enter into a |
30 | public-private transportation partnership agreement in the |
|
1 | capacity of a proprietary public entity with respect to granting |
2 | substantial oversight and control over the Turnpike Mainline to |
3 | another entity unless specific authority is granted through an |
4 | act of law passed by the General Assembly. However, this shall |
5 | not restrict the Pennsylvania Turnpike Commission from entering |
6 | into a public-private transportation partnership agreement under |
7 | this chapter or under other statutes which does not involve |
8 | granting substantial oversight and control over the Turnpike |
9 | Mainline to another entity. |
10 | § 9125. Regulations. |
11 | (a) Department.--In order to facilitate the implementation |
12 | of this chapter, the department is authorized to promulgate |
13 | regulations or publish guidelines that include the following: |
14 | (1) The process for review of a request for proposals or |
15 | transportation projects or responses to requests for |
16 | proposals or transportation projects issued by a public |
17 | entity. |
18 | (2) The process for receipt and review of and response |
19 | to competing responses to requests for proposals or |
20 | transportation projects. |
21 | (3) The type and amount of information that is necessary |
22 | for adequate review of and response to each stage of review |
23 | of a proposal or transportation project. |
24 | (4) Any other provisions which are required under this |
25 | chapter or which the department determines are appropriate |
26 | for implementation of this chapter. |
27 | (b) Temporary regulations.--Notwithstanding any other |
28 | provision of law, any regulation promulgated by the department |
29 | under this chapter during the two years following the effective |
30 | date of this section shall be deemed temporary regulations which |
|
1 | shall expire no later than three years following the effective |
2 | date of this section or upon promulgation of final regulations. |
3 | The temporary regulations shall not be subject to any of the |
4 | following: |
5 | (1) Sections 201, 202, 203 and 204 of the act of July |
6 | 31, 1968 (P.L.769, No.240), referred to as the Commonwealth |
7 | Documents Law. |
8 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
9 | the Regulatory Review Act. |
10 | Section 2. Repeals are as follows: |
11 | (1) The General Assembly declares that the repeal under |
12 | paragraph (2) is necessary to effectuate the addition of 74 |
13 | Pa.C.S. Ch. 91. |
14 | (2) Section 3 of the act of May 29, 1945 (P.L.1108, |
15 | No.402), referred to as the Limited Access Highway Law, is |
16 | repealed insofar as it is inconsistent with the addition of |
17 | 74 Pa.C.S. Ch. 91. |
18 | Section 3. This act shall take effect as follows: |
19 | (1) The addition of 74 Pa.C.S. §§ 9103, 9104, 9105, 9106 |
20 | and 9125 shall take effect immediately. |
21 | (2) This section shall take effect immediately. |
22 | (3) The remainder of this act shall take effect in 60 |
23 | days. |
|