PRINTER'S NO. 909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
920
Session of
2021
INTRODUCED BY DELOZIER, ORTITAY, LEWIS, BOBACK, DAVANZO, HAMM,
HEFFLEY, HELM, KEEFER, OBERLANDER, ROWE, RYAN, SMITH,
WHEELAND AND ZIMMERMAN, MARCH 15, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 15, 2021
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in public-private transportation
partnerships, further providing for duties of board,
providing for legislative oversight and further providing for
selection of development entities, for public-private
transportation partnership agreement and for Public-Private
Transportation Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9104 of Title 74 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9104. Duties of board.
(a) Duties.--The board shall do all of the following:
(1) Meet as often as necessary but at least annually.
(2) Adopt guidelines establishing the procedure by which
a public entity may submit or, for a disapproved request
under section 9104.1 (relating to legislative oversight),
resubmit a request for a transportation project or a private
entity may submit or, for a disapproved request under section
9104.1, resubmit an unsolicited plan for a transportation
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project to the board.
(3) Consult with persons affected by proposed
transportation projects.
(4) [Evaluate] Subject to paragraph (6) and section
9104.1, evaluate and, where the board finds that the requests
or plans for transportation projects are in the best
interests of the Commonwealth and a public entity, approve
the requests or plans for transportation projects. The board
shall approve a proposed transportation project by adopting a
resolution[.] and submit a copy of the resolution to the
chair and minority chair of the Transportation Committee of
the Senate and chair and minority chair of the Transportation
Committee of the House of Representatives within 24 hours of
the adoption of the resolution. The board shall include with
the copy of the resolution, a statement as to whether the
transportation facility that is the subject of the proposed
transportation project is owned by the Commonwealth.
(5) Submit an annual report to the General Assembly
detailing all transportation projects evaluated and
resolutions adopted.
(6) Disapprove a proposed transportation project if the
transportation facility that is the subject of the proposed
transportation project is an existing transportation facility
owned by the Commonwealth and the public entity has not
provided details regarding the specific transportation
facility included in the proposed transportation project.
(b) Actions.--Actions by the board are a determination of
public policy and public interest and shall not be considered
adjudications under 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch. A
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(relating to judicial review of Commonwealth agency action) and
shall not be appealable to the department or a court of law.
[(c) General Assembly.--The following shall apply:
(1) The General Assembly may, within 20 calendar days or
nine legislative days, whichever is longer, of the adoption
of the resolution under subsection (a)(4), pass a concurrent
resolution rescinding the approval of a transportation
project if the transportation facility which is the subject
of the transportation project is owned by the Commonwealth.
(2) If the General Assembly adopts the concurrent
resolution within the time period under paragraph (1) by
majority vote in both the Senate and the House of
Representatives, the transportation project shall be deemed
disapproved.
(3) If the General Assembly fails to adopt the
concurrent resolution by majority vote in both the Senate and
the House of Representatives within the time period under
paragraph (1), the transportation project shall be deemed
approved.]
Section 2. Title 74 is amended by adding a section to read:
§ 9104.1. Legislative oversight.
(a) Applicability.--
(1) A proposed transportation project shall be subject
to the provisions of subsections (b) and (c) if the
transportation facility that is the subject of the proposed
transportation project is owned by the Commonwealth.
(2) A proposed transportation project disapproved under
the provisions of subsection (b) or (c) and resubmitted to
the board shall also be subject to the provisions of
subsections (b) and (c).
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(3) Subsections (b) and (c) shall not apply to a
proposed transportation project if the transportation
facility that is the subject of the proposed transportation
project is not owned by the Commonwealth. The proposed
transportation project shall be deemed approved upon the
adoption of a resolution by the board under section 9104(a)
(4) (relating to duties of board).
(b) Legislative disapproval.--Except as provided for under
subsection (c), the General Assembly may pass a concurrent
resolution disapproving a proposed transportation project and
prohibiting the expenditure of public money on the proposed
transportation project, subject to the following:
(1) The concurrent resolution may be passed by the
General Assembly within 20 calendar days or nine voting
legislative days, whichever is longer, of the date on which
the board adopted a resolution approving the proposed
transportation project under section 9104(a)(4), unless there
are less than 20 calendar days or nine voting legislative
days, whichever is longer, remaining from the date the board
adopted the resolution because of the adjournment sine die or
expiration of the legislative session in an even-numbered
year.
(2) If the General Assembly is prevented from passing a
concurrent resolution within the time period under paragraph
(1) because of the adjournment sine die or expiration of the
legislative session in an even-numbered year, the General
Assembly may pass a concurrent resolution within 20 calendar
days or nine voting legislative days, whichever is longer, of
the fourth Monday in January of the next calendar year.
(3) If the General Assembly fails to adopt the
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concurrent resolution by majority vote in both the Senate and
the House of Representatives within the time periods under
paragraphs (1) and (2), the proposed transportation project
shall be deemed approved.
(c) Legislative approval required for user fees.--
(1) For a proposed transportation project in which user
fees, tolls, fares or other similar charges may or will be
imposed and determined in the transportation project's
public-private transportation partnership agreement, the
proposed transportation project shall not be deemed approved
until the proposed transportation project is subsequently
approved by the General Assembly through the adoption of a
concurrent resolution by a majority vote of the Senate and
House of Representatives.
(2) If the General Assembly fails to adopt a concurrent
resolution under this subsection within one year of the date
on which the board adopted a resolution approving the
proposed transportation project under section 9104(a)(4), the
proposed transportation project shall be deemed disapproved
and no public money may be expended on the proposed
transportation project.
(d) Construction.-- Nothing in this section shall be
construed to prevent a proposed transportation project
disapproved under subsection (b) or (c) from being resubmitted
to the board and approved by the board through the adoption of a
resolution by the board under section 9104(a)(4).
Section 3. Sections 9109(a), 9110(g) and 9122(d) of Title 74
are amended to read:
§ 9109. Selection of development entities.
(a) Conditions for use.--If a transportation project is
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approved under [section] sections 9104 (relating to duties of
board) and 9104.1 (relating to legislative oversight), the
public entity may enter into a contract for the transportation
project by competitive sealed proposals.
* * *
§ 9110. Public-private transportation partnership agreement.
* * *
(g) Amounts received under a public-private transportation
partnership agreement.--[The]
(1) Except as provided under paragraph (2), the net
proceeds received by the proprietary public entity under a
public-private transportation partnership agreement shall be
available exclusively to provide funding for transportation
needs in this Commonwealth. The use of the proceeds or other
revenues from the public-private transportation project shall
comply with Federal or State law restricting or limiting the
use of revenue from the public-private transportation project
based on its public funding.
(2) If the proprietary public entity is the department,
the net proceeds received by the proprietary public entity
under a public-private transportation partnership agreement
shall be deposited into the Motor License Fund a nd shall be
used exclusively to provide funding for transportation needs
in this Commonwealth. The use of the net proceeds or other
revenue from the public-private transportation project shall
comply with Federal or State law restricting or limiting the
use of revenue from the p ublic-private transportation project
based on its public funding.
§ 9122. Public-Private Transportation Account.
* * *
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(d) Amounts received.--[The]
(1) Except as provided under paragraph (2), the net
proceeds received under a public-private transportation
partnership agreement shall be available exclusively to
provide funding for transportation needs in this
Commonwealth. The use of the proceeds or other revenues from
the public-private transportation project shall be in accord
with Federal or State law restricting or limiting the use of
revenue from the public-private transportation project based
on its public funding.
(2) Notwithstanding subsections (b) and (c), if the
proprietary public entity is the department, the net proceeds
received by the proprietary public entity under a public-
private transportation partnership a greement shall be
deposited into the Motor License Fund and shall be used
exclusively to provide funding for transportation needs in
this Commonwealth. The use of the net proceeds or other
revenue from the public-private transportation project shall
comply with Federal or State law restricting or limiting the
use of revenue from the public-private transportation project
based on its public funding.
Section 4. This act shall apply to:
(1) A proposed transportation project submitted to the
Public-Private Transportation Partnership Board on or after
the effective date of this section.
(2) A proposed transportation project submitted to the
Public-Private Transportation Partnership Board prior to the
effective date of this section, if:
(i) The proposed transportation project was approved
by the board on or after November 12, 2020, and prior to
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the effective date of this section.
(ii) The transportation facility that is the subject
of the proposed transportation project is owned by the
Commonwealth.
(iii) User fees, tolls, fares or other similar
charges may or will be imposed and determined in the
transportation project's public-private transportation
partnership agreement.
(iv) The public entity is the Department of
Transportation of the Commonwealth.
(v) The public entity has not entered into a public-
private transportation partnership agreement with a
responsible offeror for the proposed transportation
project by the effective date of this section.
Section 5. If a public entity intends to proceed with a
proposed transportation project that meets the criteria of
section 4(2) of this act, the public entity must resubmit the
proposed transportation project to the Public-Private
Transportation Partnership Board under 74 Pa.C.S. § 9104(a)(4).
Section 6. This act shall take effect immediately.
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