PRINTER'S NO. 309
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
382
Session of
2021
INTRODUCED BY LANGERHOLC, REGAN, DiSANTO, MENSCH, BARTOLOTTA,
ROBINSON, BAKER, J. WARD, BROOKS, STEFANO, HUTCHINSON, DUSH,
PITTMAN AND GORDNER, MARCH 9, 2021
REFERRED TO TRANSPORTATION, MARCH 9, 2021
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in public-private transportation
partnerships, further providing for definitions, for duties
of board and for operation of board; and voiding prior
initiatives of the Public-Private Transportation Partnership
Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public-private transportation
partnership agreement" in section 9102 of Title 74 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a definition to read:
ยง 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Public-private transportation partnership agreement." A
contract for a transportation project which transfers the rights
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for the use or control, in whole or in part, of a transportation
facility by a public entity to a development entity for a
definite term during which the development entity will provide
the transportation project to the public entity in return for
the right to receive all or a portion of the revenue generated
from the use of the transportation facility, or other payment,
such as the following [transportation-related services]:
(1) Operations and maintenance.
(2) Revenue collection.
(3) User fee collection or enforcement.
(4) Design.
(5) Construction.
(6) Development and other activities with respect to
existing or new transportation facilities that enhance
traffic throughput, reduce congestion, improve safety or
otherwise manage or improve a transportation facility.
(7) Financing.
* * *
"Transportation-related service." A proposed or existing
service offered by the department or a Commonwealth agency to
provide a product, permit or similar authorization in a
transaction for a resident or nonresident to move individuals or
property within this Commonwealth.
Section 2. Section 9104(a)(4) and (c) of Title 74 are
amended to read:
ยง 9104. Duties of board.
(a) Duties.--The board shall do all of the following:
* * *
(4) Evaluate and, where the board finds that the
requests or plans for transportation projects are in the best
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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.] as provided under section 9105.
* * *
[(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 3. Section 9105(b) of Title 74 is amended and the
section is amended by adding subsections to read:
ยง 9105. Operation of board.
* * *
(b) Analysis.--The following shall apply:
(1) The department shall develop a detailed analysis of
a request or recommendation for a transportation project
prior to approval by the board.
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(2) The analysis shall include the following:
(i) The exact location of the proposed
transportation project.
(ii) The type of transportation facility or
transportation-related service to be improved.
(iii) The estimated costs of the transportation
project to the public entity.
(iv) The estimated length of the public-private
transportation partnership agreement.
(v) The social, economic and environmental impacts
of the transportation project.
(vi) If the proposed transportation project will
include a public-private transportation partnership
agreement, include the estimated amount and type of user
fees.
(vii) Applicable Federal and State laws.
(2.1) The department may conduct additional evaluations
prior to the development of the analysis.
(3) The department shall post a copy of the analysis on
the department's publicly accessible Internet website, submit
the analysis to the board and the chairperson and minority
chairperson of the Transportation Committee of the Senate and
the chairperson and minority chairperson of the
Transportation Committee of the House of Representatives and
transmit notice of the analysis to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin for 30
days prior to any action by the board.
(b.1) Public input.--The department shall collect comments
from the public on the proposed transportation project during a
public comment period which shall commence with the publication
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of the notice in the Pennsylvania Bulletin of the analysis and
shall continue for a period of not less than 30 days. Prior to
any action by the board, the department shall post a copy of the
results on the department's publicly accessible Internet website
and submit the results to the board and the chairperson and
minority chairperson of the Transportation Committee of the
Senate and the chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
(b.2) Evaluation and approval.--The following shall apply:
(1) After consideration of the analysis and public
input, if the board finds that the transportation project is
in the best interests of the Commonwealth, it may approve the
transportation project.
(2) The board shall approve a proposed transportation
project by adopting a resolution with or without a user fee.
A copy of the resolution shall be posted on the department's
publicly accessible Internet website and shall be transmitted
by the department to the following entities within 24 hours
after approval:
(i) The chairperson and minority chairperson of the
Transportation Committee of the Senate and the
chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
(ii) The Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(b.3) Transportation projects without user fee.--The
following shall apply for a transportation project without a
user fee :
(1) The General Assembly may pass a concurrent
resolution rescinding the approval of a transportation
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project without a user fee if the transportation facility
which is the subject of the transportation project is owned
by the Commonwealth through the following procedure:
(i) Either chamber of the General Assembly may
initiate a concurrent resolution under this paragraph. If
the chamber of origin passes a concurrent resolution, the
chamber of reference must within 10 calendar days or five
legislative days, pass the concurrent resolution. The
passage of a concurrent resolution by a majority vote in
both chambers may not collectively exceed 20 calendar
days or 10 legislative days of the resolution being
published in the Pennsylvania Bulletin, whichever is
longer.
(ii) If the period of 20 calendar days or 10
legislative days, whichever is longer, under subparagraph
(i) expires before a session of the General Assembly
adjourns sine die, the General Assembly shall have 20
calendar days or 10 legislative days, whichever is
longer, starting on the first day of succeeding session
of the General Assembly.
(2) If the General Assembly adopts the concurrent
resolution within the time period under paragraph (1),
proceeded by presentment to the Governor, the transportation
project without a user fee shall be deemed disapproved.
(3) If the General Assembly fails to adopt the
concurrent resolution within the time period under paragraph
(1), the transportation project without a user fee shall be
deemed approved and the public entity may proceed with the
public-private transportation partnership agreement.
(b.4) Transportation projects with user fee.--The following
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shall apply for a transportation project with a user fee:
(1) If the approved transportation project includes a
user fee, the project shall be deemed disapproved unless the
General Assembly passes a concurrent resolution approving the
transportation project with a user fee.
(2) The General Assembly may pass a concurrent
resolution approving a transportation project with a user fee
if the transportation facility which is the subject of the
transportation project is owned by the Commonwealth through
the following procedure:
(i) Either chamber of the General Assembly may
initiate a concurrent resolution under this paragraph. If
the chamber of origin passes a concurrent resolution, the
chamber of reference must within 45 calendar days or 10
legislative days, pass the concurrent resolution. The
passage of a concurrent resolution by a majority vote in
both chambers may not collectively exceed 90 calendar
days or 20 legislative days of the resolution being
published in the Pennsylvania Bulletin, whichever is
longer.
(ii) If the period of 90 calendar days or 20
legislative days, whichever is longer, under subparagraph
(i) expires before a session of the General Assembly
adjourns sine die, the General Assembly shall have 90
calendar days or 20 legislative days, whichever is
longer, starting on the first day of succeeding session
of the General Assembly.
(iii) If the General Assembly adopts the concurrent
resolution within the time period under paragraph (i) or
(ii), proceeded by presentment to the Governor, the
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transportation project with a user fee shall be deemed
approved and the public entity may proceed with the
public-private transportation partnership agreement.
(iv) If the General Assembly fails to adopt the
concurrent resolution within the time period under
paragraph (i) or (ii), the transportation project with a
user fee shall remain disapproved.
(v) Nothing in this section shall be construed to
prevent a proposed transportation project with a user fee
that was disapproved under subparagraph (iv) from being
resubmitted to the board.
* * *
Section 4. The amendment of 74 Pa.C.S. ยง 9105 shall apply to
resolutions considered after October 31, 2020, by the Public-
Private Transportation Partnership Board. Any resolution
considered after October 31, 2020, and prior to the effective
date of this section by the Public-Private Transportation
Partnership Board, including the resolution authorizing the
PennDOT Pathways Major Bridge P3 Initiative, shall be void and
must be reconsidered by the Public-Private Transportation
Partnership Board.
Section 5. This act shall take effect immediately.
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