1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, providing for public-private partnerships, for
3prerequisite for operation, for approval by responsible local
4agency, for service contracts, for affected local
5jurisdictions, for dedication of public property, for powers
6and duties of operator, for <-comprehensive public-private 
7partnership agreement, for Federal, State and local
8assistance, for material default and remedies, for
9condemnation and for utility crossing; imposing duties on the
10Pennsylvania Public Utility Commission; and providing for
<-11governmental immunity, for procurement, AND for use of
12intellectual property <-and for regulations.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Title 62 of the Pennsylvania Consolidated
16Statutes is amended by adding a chapter to read:

17CHAPTER 47

18LOCAL AGENCY PUBLIC-PRIVATE PARTNERSHIPS

19FOR WATER AND SEWER PROJECTS

20Sec.

214701. Definitions.

14702. Unsolicited submission of public-private partnership
2agreement proposals to local agency.

34703. Solicitation of proposals for public-private partnership
4agreements.

54704. Evaluation and selection of public-private partnership
6agreement proposal.

74705. Implementation of public-private partnership agreement.

84706. Service contracts.

94707. Affected local jurisdictions.

104708. Dedication of public property.

114709. Powers and duties of operator.

124710. Federal, State and local assistance.

134711. Material default and remedies.

144712. Utility crossing.

154713. Governmental immunity.

164714. Special approval.

174715. Exclusivity.

184716. Use of intellectual property.

194717. Applicability.

<-204718. Regulations.

<-214718. PUBLIC UTILITY COMMISSION.

22§ 4701. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Affected local jurisdiction." A <-political subdivision local
27agency in which all or a portion of a <-qualifying AN eligible
28project is located.

29"Commission." The Pennsylvania Public Utility Commission.

<-30"Department." The Department of General Services of the

1Commonwealth.

2"Eligible project." A building or facility used for public
3water supply or treatment, storm water treatment and disposal or
4waste <-water treatment and disposal.

5"Lease payment." A form of payment, including a land lease,
6by a local agency to the operator for the use of an eligible
7project.

8"Local agency." A county, city, borough, incorporated town,
9township, county institution, local authority or a joint or
10cooperative body of local agencies or an instrumentality,
11authority or corporation thereof which has authority to enter
12into a contract.

13"Material default." A default by the operator in the
14performance of its duties under section 4709(e) (relating to
15powers and duties of operator) which jeopardizes adequate
16service to the public from <-a qualifying project an eligible
17project.

<-18"Offeror." A private entity that submits a proposal under
19this chapter.

20"Operator." The private entity that is responsible for an
21eligible project or a portion of an eligible project, including
22acquisition, design, construction, improvement, renovation,
23expansion, equipping, maintenance and operation.

24"Private entity." An individual, corporation, limited
25liability company, partnership, joint venture or other private
26business entity.

27"Public-private partnership agreement." An agreement between
28a local agency and a private entity which involves the
29development or operation, or combination thereof, of an eligible
30project by the private entity. The agreement may consist of the

1following:

2(1) Predevelopment agreements leading to other
3implementing agreements.

4(2) A design-build agreement.

5(3) A design-build-operate agreement.

6(4) A design-build-maintain agreement.

7(5) A design-build-finance-operate agreement.

8(6) A design-build-operate-maintain agreement.

9(7) A design-build-finance-operate-maintain agreement.

10(8) An operate-maintain agreement.

11(9) A concession providing for the private entity to
12design, build, operate, maintain, manage or lease an eligible
13project.

14(10) Any other delivery method or agreement or
15combination of methods or agreements that the local agency
16determines will address the needs of the Commonwealth and the
<-17public entity local agency and serve the public interest.

<-18The term shall not include the acquisition of an eligible
19project by a public utility under 66 Pa.C.S. § 102 (relating to
20definitions).

21"Responsible offeror." An offeror that has submitted a
22responsive proposal and possesses the capability to fully
23perform the contract requirements in all respects and the
24integrity and reliability to assure good faith performance.

25"Revenue." Any of the following generated by an eligible
26project:

27(1) A user fee.

28(2) A lease payment.

29(3) A service payment.

30"Service payment." Payment to the operator of an eligible

1project pursuant to a public-private partnership agreement.

2"User fee." The rate or other charge imposed by the operator
3of an eligible project for use of the eligible project pursuant
4to a public-private partnership agreement.

5§ 4702. Unsolicited submission of public-private partnership
6agreement proposals to local agency.

<-7(a) Unsolicited request for approval.--A private entity may
8request consideration <-and approval of a proposed public-private
9partnership agreement for an eligible project. The request may
10be submitted to the applicable local agency, and any proposal
11under this section shall not be approved unless the local agency
12follows procedures outlined in sections 4703 (relating to
13solicitation of proposals for public-private partnership
14agreements) and 4704 (relating to evaluation and selection of
15public-private partnership agreement proposal). A request shall
16be accompanied by the following material and information <-unless
17waived by the local agency:

18(1) A topographic map of 1:2,000 or other appropriate
19scale indicating the location of the <-qualifying eligible
20project.

21(2) A description of the eligible project, including the
22conceptual design of the facility or a conceptual plan for
23the provision of services and a schedule for the initiation
24of and completion of the eligible project to include the
25proposed major responsibilities and timeline for activities
26to be performed by both the local agency and private entity.

27(3) A statement setting forth the method by which the
28private entity proposes to secure <-a the necessary property
29interests required for the eligible project. The statement
30shall include the following:

1(i) The names and addresses, if known, of the
2current owners of the property needed for the eligible
3project.

4(ii) The nature of the property interests to be
5acquired.

6(4) Information relating to the current plans<-, if any,
7for development of facilities to be used by a local agency
8that are similar to the eligible project being proposed by
9the private entity <-of each affected local jurisdiction.

10(5) A list of all permits and approvals required for the
11eligible project from Federal, State or political
12subdivisions and a projected schedule for obtaining the
13permits and approvals.

14(6) A list of any public utility facilities <-known to the
15private entity that may be crossed <-or affected by the
16eligible project and a statement of the plans of the operator
17to accommodate the crossings <-or affected facilities.

18(7) A statement setting forth the private entity's
19general plans for financing the eligible project, including
20the sources of the private entity's funds.

21(8) The names and addresses of the persons who may be
22contacted for further information concerning the request.

23(9) User fees, lease payments and other service payments
24included proposed in the <-comprehensive public-private
25partnership agreement, including frequency of assessments and
26the methodology and circumstances for changes to the user
27fees, lease payments and other service payments.

<-28(10) Any additional material and information as the
29local agency may reasonably request.

30§ 4703. Solicitation of proposals for public-private

1partnership agreements.

2(a) Solicitation of proposals.--A local agency may issue a
3request for proposals for public-private partnerships for an
4eligible project. Subject to the provisions of this section, the
5procedure for the request for proposals shall be the same
6provisions of procurement law otherwise applicable to the local
7agency.

8(b) Availability to general public.--Copies of a request for
9proposals shall be made available to any interested person
10residing within the affected local jurisdiction upon request to
11the local agency. A local agency may establish procedures for
12the distribution of a request for proposals, including the
13imposition of a fee to reimburse the <-public entity local agency
14for the costs of photocopying and mailing.

15(c) Receipt of proposals.--Offerors shall submit their
16sealed proposals to ensure that they are received prior to the
17time and date established for receipt of the proposals. Sealed
18proposals shall be submitted in the format required by the local
19agency. <-Sealed proposals shall be opened so as to avoid
20disclosure of their contents to competing offerors. <-All sealed
21proposals shall be opened at the time, date and place designated
22in the request for proposals.

23(d) Fee.--The local agency may charge a reasonable fee to
24cover the costs of processing, reviewing and evaluating the
<-25request proposal, including reasonable attorney fees and fees
26for financial and other necessary advisers or consultants.

27§ 4704. Evaluation and selection of public-private partnership
28agreement proposal.

29(a) Evaluation criteria.--A local agency shall evaluate each
30proposal to determine which one, if any, has the best value for

1and is in the best interest of the local agency. In making this
2determination, a local agency may consider any of the following:

3(1) Cost.

4(2) Price.

5(3) Financial commitment.

6(4) Innovative financing.

7(5) Bonding.

8(6) Technical, scientific, technological or
9socioeconomic merit.

10(7) Financial strength and viability.

11(8) Design, operation and feasibility of the eligible
12project.

13(9) Public reputation, qualifications, industry
14experience and financial capacity of the private entity.

15(10) The compatibility of the proposal with existing
16local and <-regional county land use plans.

17(11) The commitment of local communities to approve land
18use plans in preparation for the project.

19(12) Other factors deemed appropriate by the local
20agency.

21(b) Weighted consideration.--The relative importance of each
22evaluation factor shall be fixed prior to opening the proposals.

23(c) Discussion with responsible offerors and revision of
24proposals.--As provided in the request for proposals,
25discussions and negotiations may be conducted with responsible
26offerors for the purpose of clarification and of obtaining best
27and final offers. Responsible offerors shall be accorded fair
28and equal treatment with respect to any opportunity for
29discussion and revision of proposals. In conducting discussions,
30there shall be no disclosure of any information derived from

1proposals submitted by competing offerors.

2(d) Selection for negotiation.--The responsible offeror
3whose proposal is determined in writing to be the best value for
4and in the best interests of the local agency and the general
5public, taking into consideration all evaluation factors, shall
6be selected for contract negotiation.

7(e) Cancellation.--A request for proposals may be canceled
8at any time prior to the time a partnership contract is executed
9by all parties when it is in the best interests of the local
10agency.

11(f) Award.--Upon reaching an agreement with a <-selected
<-12responsible offeror, the local agency shall enter into a public-
13private partnership agreement with the <-responsible offeror. The
14public-private partnership agreement shall be consistent with
15the requirements of this chapter. If agreement cannot be reached
16with the <-selected responsible offeror, then negotiations shall
17be formally terminated with the <-responsible offeror. If
18proposals were submitted by one or more other responsible
19offerors, negotiations may be conducted with the other
<-20responsible offeror or offerors in the order of their respective
21qualification ranking. The contract may be awarded to the
22responsible offeror <-then ranked as best qualified whose proposal
23is then ranked as providing the best value.

24(g) Resolution of controversies.--If a private entity is
25aggrieved by a selection under this section <-and the proprietary
26local agency in the contract is an entity other than the
27Commonwealth, an,<- a responsible offeror may file a claim with
28the court of common pleas where the <-proprietary local agency is
29located. The process for the filing and resolution of claims,
30including rights, contents, timing, evaluation, determination

1and remedies, which are established in Chapter 17 shall apply
2insofar as they are practicable.

3§ 4705. Implementation of public-private partnership agreement.

4(a) Final approval.--The approval of the local agency is
5contingent upon the private entity's agreement to enter into a
<-6comprehensive partnership contract with the local agency.

7(b) Partnership contracts Contracts.--Prior to <-acquiring,
8designing, constructing, improving, renovating, expanding,
9equipping, maintaining or operating the eligible project, the
10private entity shall enter into a <-comprehensive partnership
11contract detailing the public-private partnership agreement with
12the local agency. The <-partnership contract shall provide for all
13of the following:

14(1) Delivery of maintenance, performance and payment
15bonds or letters of credit in connection with the
16acquisition, design, construction, improvement, renovation,
17expansion, equipping, maintenance or operation of the
18eligible project, in the forms and amounts satisfactory to
19the <-responsible local agency.

20(2) Review of plans and specifications for the eligible
21project by the local agency and approval by the local agency
22if the plans and specifications conform to standards
23acceptable to the local agency. This paragraph may not
24require the private entity to complete design of an eligible
25project prior to the execution of a <-comprehensive contract.

26(3) Inspection of the eligible project by the
<-27responsible local agency to ensure that the operator's
28activities are acceptable to the local agency in accordance
29with the <-comprehensive public-private partnership agreement.

30(4) Maintenance of <-a policy policies of liability

1insurance, copies of which shall be filed with the local
2agency accompanied by proofs of coverage, self-insurance, in
3form and amount satisfactory to the <-responsible local agency
4and reasonably sufficient to insure coverage of tort
5liability to the public and employees and to enable the
6continued operation of the <-qualifying eligible project.

7(5) Monitoring of the practices of the operator by the
8local agency to ensure that the eligible project is properly
9maintained.

10(6) Reimbursement to be paid to the local agency for
11services provided by the local agency.

12(7) Filing of appropriate financial statements on a
13periodic basis.

14(8) Policies and procedures governing the rights and
15responsibilities of the local agency and the operator in the
16event the <-comprehensive contract is terminated or there is a
17material default by the operator. The policies and procedures
18shall include conditions governing assumption of the duties
19and responsibilities of the operator by the local agency and
20the transfer or purchase of property or other interests of
21the operator by the local agency.

22(c) Fees.--The <-partnership contract may provide for a user
23fee, lease payment or service payment. A copy of a service
24contract must be filed with the local agency. When negotiating a
25user fee under this section, the parties shall establish
26payments or fees that are the same for a person using the
27facility under like conditions and that will not materially
28discourage use of the eligible project. The execution of the
29partnership contract or an amendment to the <-partnership contract
30constitutes conclusive evidence that the user fee, lease payment

1or service payment provided for complies with this chapter. A
2user fee or lease payment established in the <-partnership
3contract as a source of revenue may be in addition to or in lieu
4of a service payment.

5(d) Grants or loans.--In the <-partnership contract, the local
6agency may agree to make a grant<-, if the terms of the grant
7allow, or loan to the operator from an amount received from the
8Federal or State government or a political subdivision or from
9one of their agencies or instrumentalities.

10(e) Duties.--The <-partnership contract shall incorporate the
11duties of the operator under this chapter and may contain other
12terms and conditions that the local agency determines serve the
13public purpose under section 4704(d) (relating to evaluation and
14selection of public-private partnership agreement proposal). The
<-15partnership contract may contain any of the following:

16(1) Provisions under which the local agency agrees to
17provide notice of default and right to cure for the benefit
18of the operator and the persons specified in the notice as
19providing financing for the eligible project.

20(2) Other lawful terms and conditions to which the
21operator and the local agency mutually agree, including
22provisions regarding unavoidable delays or provisions
23providing for a loan of public funds to the operator to
24acquire, design, construct, improve, renovate, expand, equip,
25maintain or operate one or more eligible projects.

26(3) Provisions under which the authority and duties of
27the operator under this chapter shall cease and the eligible
28project is dedicated to the local agency or, if the eligible
29project was initially dedicated by an affected local
30jurisdiction, to the affected local jurisdiction for public

1use.

2(f) Amendments.--Change in the terms of the <-partnership
3contract, as may be agreed upon by the parties, shall be added
4by written amendment.

5(g) Date.--In connection with its approval of the eligible
6project, the <-responsible local agency shall establish a date for
7the commencement of activities related to the eligible project.
8The local agency may extend the date.

9(h) Public access.--Any documents created by or provided to
10a local agency under this chapter shall be subject to inspection
11and copying only to the extent required under the act of
12February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

<-13Nothing in this chapter shall be construed to abrogate the
14provisions of the act of November 29, 2006 (P.L.1435, No.156),
15known as the Public Utility Confidential Security Information
16Disclosure Protection Act.

17(i) Debt capacity.--A <-partnership contract entered into
18under this chapter shall not enlarge, diminish or affect the
19authority otherwise possessed by the local agency to take action
20that would impact the debt capacity of the Commonwealth or any
21of its political subdivisions.

22§ 4706. Service contracts.

23In addition to any authority conferred by statute, a local
24agency may contract with an operator for the delivery of
25services to be provided as part of an eligible project in
26exchange for service payment and other consideration as the
27local agency may deem appropriate.

28§ 4707. Affected local jurisdictions.

<-29(a) Notification.--A private entity submitting a proposal to
30a local agency under section 4703 (relating to solicitation of

1proposals for public-private partnership agreements) shall
2notify each affected local jurisdiction by furnishing a copy of
3its request or proposal to each affected local jurisdiction.

<-4(a) Notification.--Prior to entering into a public-private
5partnership agreement with a responsible offeror in accordance
6with section 4704 (relating to evaluation and selection of
7public-private partnership agreement proposal), the local agency
8shall notify each affected local jurisdiction by furnishing a
9copy of the proposal to each affected local jurisdiction. The
10responsible offeror shall reimburse the local agency for costs
11incurred by the agency in furnishing a copy of the proposal to
12each affected local jurisdiction.

13(b) Comments.--Each affected local jurisdiction that is not
14the applicable local agency for the respective eligible project
15shall, within <-60 30 days after receiving the notice, submit any
16comments it may have in writing on the proposed eligible
17project to the applicable local agency and indicate whether the
18facility is compatible with the local ordinance requirements and
19other local requirements. The comments shall be given
20consideration by the local agency prior to entering a public-
21private partnership agreement with a private entity.

22§ 4708. Dedication of public property.

23A local agency may dedicate any property interest, including
24land, improvements and tangible personal property, that it has
25for public use in an eligible project if it finds that doing so
26will serve the public purpose under section 4704(a) (relating to
27evaluation and selection of public-private partnership agreement
28proposal) by minimizing the cost of an eligible project to the
29local agency or reducing the delivery time of <-a qualifying an
30eligible project. In connection with the dedication, a local

1agency may convey any property interest that it has, subject to
2the conditions imposed by law, to the operator, subject to the
3provisions of this chapter, for consideration as the local
4agency may determine.

5§ 4709. Powers and duties of operator.

6(a) Powers.--The operator shall have the power <-under
7existing law to a private entity having the same form of
8organization as the operator and shall have the power to
9acquire, design, construct, improve, renovate, maintain, expand,
10equip or operate the eligible project and collect lease
11payments, impose a user fee or enter into a service contract in
12connection with the use of its power.

13(b) Right.--The operator may own, lease or acquire any other
14right to use or operate the eligible project.

15(c) Financing.--

16(1) Notwithstanding paragraph (2), any financing of the
17eligible project may be in an amount and upon terms and
18conditions as may be determined by the operator.

19(2) The operator may issue debt, equity or other
20securities or obligations, enter into sale and leaseback
21transactions and secure any financing with a pledge of,
22security interest in or lien on any or all of its property,
23including all of its property interests in the eligible
24project.

25(d) Operation.--In operating the eligible project, the
26operator may do all of the following:

27(1) Make classifications according to reasonable
28categories for assessment of user fees.

29(2) With the consent of the local agency, make and
30enforce reasonable rules to the same extent that the local

1agency may make and enforce rules with respect to similar
2facilities.

3(e) Duties.--The operator shall do the following:

4(1) Acquire, design, construct, improve, renovate,
5expand, equip, maintain or operate the eligible project in
6accordance with the public-private partnership agreement.

7(2) Keep the eligible project open for use by members of
8the public <-at all times or as appropriate based upon the use
9of the facility after its initial opening upon payment of the
10applicable user fee, lease payment or service payment. <-except
11that the <-The eligible project may be temporarily closed
12because of emergencies or with the consent of the local
13agency, to protect the safety of the public or for reasonable
14construction or maintenance procedures as set forth under the
15public-private partnership agreement.

16(3) Maintain or provide by contract for the maintenance
17of the eligible project, if required by the public-private
18partnership agreement.

19(4) Cooperate with the local agency in making best
20efforts to establish any interconnection with the eligible
21project requested by the local agency.

22(5) Comply with the public private-partnership agreement
23and any service contract.

24(f) Additional services.--This section does not prohibit an
25operator of an eligible project from providing additional
26services for the eligible project to <-private entities or local
27agencies or private entities, other than the local agency <-that
28is party to the public-private partnership agreement, if the
29provision of additional service does not impair the operator's
30ability to meet its commitments to the local agency under the

1comprehensive <-public-private partnership agreement.

2§ 4710. Federal, State and local assistance.

3The local agency may obtain assistance from the Federal or
4State government or one of its political subdivisions for an
5eligible project in accordance with the purposes under section
64704 (relating to evaluation and selection of public-private
7partnership agreement proposal) and may enter into a contract in
8order to receive the assistance. The local agency may pay a
9portion of the costs of an eligible project directly or
10indirectly from the proceeds of a grant or loan made by the
11Federal or State government or one of its political
12subdivisions.

13§ 4711. Material default and remedies.

14(a) General rule.--If there is a material default by the
15operator of an eligible project, the local agency may assume the
16responsibilities and duties of the operator, in which case it
17shall succeed to any right, title and interest in the eligible
18project, subject to any liens on revenue previously granted by
19the operator to any person providing financing.

20(b) Condemnation.--A local agency which is a party to a
21partnership contract, and which has the power of condemnation
22under State law, may exercise the power of condemnation to
23acquire the eligible project in the event of a material default
24by the operator. A person who has provided financing for the
25eligible project, and the operator to the extent of its capital
26investment, may participate in the condemnation proceedings with
27the standing of a property owner.

28(c) Termination.--For cause shown, the local agency may
29terminate the <-comprehensive public-private partnership agreement
30and exercise any other rights and remedies that may be available

1at law or in equity.

2(d) Claims.--The local agency may make or cause to be made
3any appropriate claims under maintenance, performance or payment
4bonds or lines of credit required under section 4705(b)(1)
5(relating to implementation of public-private partnership
6agreement).

7(e) Procedure after takeover.--If a local agency takes over
8an eligible project pursuant to (a), it may acquire, design,
9construct, improve, renovate, operate, expand, equip or maintain
10the eligible project, impose user fees, impose and collect lease
11payments for the use of the project and comply with service
12contracts as if it were the operator. Revenue subject to a lien
13shall be collected for the benefit of and paid to secured
14parties, as their interests may appear, to the extent necessary
15to satisfy the operator's obligations to secured parties,
16including the maintenance of reserves. Liens shall be
17correspondingly reduced and released when they are paid off.
18Before a payment to or for the benefit of secured parties, the
19local agency may use revenue to pay current operation and
20maintenance costs of the <-qualifying eligible project, including
21compensation to the responsible local agency for its services in
22operating and maintaining the <-qualifying eligible project. The
23right to receive payment, if any, is just compensation for the
24eligible project. The full faith and credit of the local agency
25may not be pledged to secure any financing of the operator by
26the election to take over the eligible project. Assumption of
27operation of the eligible project may not obligate the local
28agency to pay an obligation of the operator from sources other
29than revenue.

30§ 4712. Utility crossing.

<-1(a) General rule.--The operator and each public service
2company, public utility, railroad and cable television provider
3whose facilities are to be crossed or affected shall cooperate
4fully in planning and arranging the manner of the crossing or
5relocation of the facilities. An amount paid for the crossing,
6construction, moving or relocating facilities must be paid by
7the operator.

8(b) Disputes.--If the operator and a public service company,
9public utility, railroad or cable television provider are unable
10to agree upon a plan for the crossing or relocation, the
11commission may determine the manner in which the crossing or
12relocation is to be accomplished and any damages due arising out
13of the crossing or relocation. The determination shall be made
14within 90 days of notification by the private entity that the
15project will cross utilities subject to the commission's
16jurisdiction. The commission may employ expert engineers who
17shall examine the location and plans for the crossing or
18relocation, hear any objections, consider modifications and make
19a recommendation to the commission. The cost of the experts must
20be borne by the operator.

<-21Notwithstanding any other provision of law, the following
22shall apply:

23(1) The operator and each public utility, railroad and
24cable television provider whose facilities are to be crossed
25or affected by an eligible project shall cooperate fully in
26planning and arranging the manner of the crossing or
27relocation of the facilities.

28(2) All costs incurred by the public utility, railroad
29or cable television provider in relocating, constructing or
30reconstructing its facilities, including temporary

1facilities, shall be paid by the operator.

2(3) If the operator and a public utility, railroad or
3cable television provider are unable to agree upon costs to
4be paid by the operator under paragraph (2), the commission
5shall determine the amount of the payment to be made by the
6operator.

7§ 4713. Governmental immunity.

8This chapter shall not be construed or deemed to constitute a
9waiver of the governmental immunity of a local agency or an
10affected local jurisdiction with respect to participation in or
11approval of an eligible project or its operation, including
12interconnection of the eligible project with another
13infrastructure or project. <-A political subdivision in which an
14eligible project is located <-An affected local jurisdiction has
15governmental immunity with respect to <-its an eligible project's
16design, construction and operation.

17§ 4714. Special approval.

18A local agency may enter into an agreement under this chapter
19only with the approval of its governing body.

20§ 4715. Exclusivity.

21The provisions of this chapter <-and regulations adopted in
22accordance with section 4718 (relating to regulations) shall
23constitute the exclusive method of procurement for agreements
24entered into under this chapter, notwithstanding any other law.
25In the event of a conflict with another statute or regulation,
26the provisions of this chapter <-and the regulations promulgated
27under this chapter shall govern.

28§ 4716. Use of intellectual property.

29Unless otherwise agreed and except to the extent not
30transferable by law, the local agency shall have the right to

1use all or a portion of a submitted proposal, including the
2technologies, techniques, methods, processes and information
3contained in the proposal. Notice of nontransferability by law
4shall be given to the local agency in response to the request
5for proposals.

6§ 4717. Applicability.

7Eligible projects that are subject to a public-private
8partnership agreement under this chapter shall not be subject to
9the requirements of the following:

10(1) The act of May 1, 1913 (P.L.155, No.104), referred
11to as the Separations Act.

12(2) Section 1909 of the act of June 23, 1931 (P.L.932,
13No.317), known as The Third Class City Code.

14(3) Section 1805 of act of June 24, 1931 (P.L.1206,
15No.331), known as The First Class Township Code.

16(4) Section 3107 of the act of May 1, 1933 (P.L.103,
17No.69), known as The Second Class Township Code.

18(5) Section 751 of the act of March 10, 1949 (P.L.30,
19No.14), known as the Public School Code of 1949.

20(6) Section 5 of the act of May 27, 1953 (P.L.244,
21No.34), entitled "An act relating to and regulating the
22contracts of incorporated towns and providing penalties."

23(7) Section 2517 of the act of July 28, 1953 (P.L.723,
24No.230), known as the Second Class County Code.

25(8) Section 2317 of the act of August 9, 1955 (P.L.323,
26No.130), known as The County Code.

27(9) Section 1405 of the act of February 1, 1966 (1965
28P.L.1656, No.581), known as The Borough Code.

<-29§ 4718. Regulations.

30The Department of General Services shall, within 12 months of

1the effective date of this section, promulgate proposed
2regulations which are necessary to implement the provisions of
3this chapter.

<-4§ 4718. Public Utility Commission.

5Except as provided in section 4712 (relating to utility
6crossing) nothing in this chapter shall affect the existing
7duties and jurisdiction of the Public Utility Commission.

8Section 2. This act shall take effect in 60 days.