PRIOR PRINTER'S NO. 309
PRINTER'S NO. 638
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, GORDNER, MARTIN, AUMENT AND BROWNE, MARCH 9, 2021
AS AMENDED ON THIRD CONSIDERATION, APRIL 20, 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:
§ 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.
"TRANSPORTATION-RELATED SERVICE." ONLY THE FOLLOWING
SERVICES:
(1) OPERATIONS AND MAINTENANCE.
(2) REVENUE COLLECTION.
(3) USER FEE COLLECTION OR ENFORCEMENT.
(4) DESIGN.
(5) CONSTRUCTION.
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(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.
Section 2. Section 9104(a)(4) and (c) of Title 74 are
amended to read:
SECTION 2. SECTION 9104(A)(2) AND (4) AND (C) OF TITLE 74
ARE AMENDED TO READ:
§ 9104. Duties of board.
(a) Duties.--The board shall do all of the following:
* * *
(2) ADOPT GUIDELINES ESTABLISHING THE PROCEDURE BY WHICH
A PUBLIC ENTITY MAY SUBMIT A REQUEST FOR A PROPOSED
TRANSPORTATION PROJECT OR A PRIVATE ENTITY MAY SUBMIT AN
UNSOLICITED PLAN FOR A PROPOSED TRANSPORTATION PROJECT TO THE
BOARD.
* * *
(4) Evaluate and, where the board finds that the
requests or plans for PROPOSED transportation projects are in
the best interests of the Commonwealth and a public entity,
approve the requests or plans for PROPOSED 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
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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:
§ 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 PROPOSED transportation
project prior to REQUESTING approval by the board.
(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 PROPOSED
transportation project to the public entity.
(iv) The estimated length of the public-private
transportation partnership agreement.
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(v) The social, economic and environmental impacts
of the PROPOSED 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.
(VI) IF THE PROPOSED TRANSPORTATION PROJECT REQUIRES
A USER FEE, INCLUDE THE ESTIMATED AMOUNT FOR EACH USER
GROUP AND TYPE OF USER FEE AS DESCRIBED UNDER SECTION
9110(F) (RELATING TO PUBLIC-PRIVATE TRANSPORTATION
PARTNERSHIP AGREEMENT).
(vii) Applicable Federal and State laws.
(VIII) ALTERNATIVE COURSES OF ACTION TO IMPROVE THE
TRANSPORTATION FACILITY OR TRANSPORTATION-RELATED SERVICE
WITHOUT A PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP AND
THE ASSOCIATED RISKS OF IMPROVING THE TRANSPORTATION
FACILITY OR TRANSPORTATION-RELATED SERVICE WITH A PUBLIC-
PRIVATE TRANSPORTATION PARTNERSHIP.
(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
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(B.1) PUBLIC INPUT.--THE FOLLOWING SHALL APPLY:
(1) THE DEPARTMENT SHALL COLLECT COMMENTS from the
public on the proposed transportation project during a public
comment period which shall commence with the publication 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 ALL SUBMITTED COMMENTS AND A SUMMARY AS
PROVIDED UNDER PARAGRAPH (2) on the department's publicly
accessible Internet website and submit the results PROVIDE
THE SUBMITTED COMMENTS AND SUMMARY 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.
(2) THE SUMMARY UNDER PARAGRAPH (1) SHALL INCLUDE A
DESCRIPTION OF THE PROPOSED TRANSPORTATION PROJECT, A COPY OF
THE NOTICE THAT WAS PUBLISHED IN THE PENNSYLVANIA BULLETIN,
THE TIME PERIOD THAT THE PUBLIC WAS ALLOWED TO PROVIDE INPUT,
AN OVERVIEW OF HOW THE DEPARTMENT EQUITABLY SOLICITED INPUT
FROM PERSONS AFFECTED BY THE PROPOSED TRANSPORTATION PROJECT
AND A CHART OR GRAPH THAT ACCURATELY PORTRAYS ALL SUBMITTED
COMMENTS, INCLUDING THE POSITIVE AND NEGATIVE PUBLIC INPUT,
ON THE PROPOSED TRANSPORTATION PROJECT.
(b.2) Evaluation and approval.--The following shall apply:
(1) After consideration of the analysis and public
input, if the board finds that the PROPOSED transportation
project is in the best interests of the Commonwealth, it may
approve the PROPOSED transportation project IN THE FORM OF A
RESOLUTION .
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(2) The board shall approve a proposed transportation
project by adopting a resolution with or without a user fee.
APPROVAL OF A PROPOSED TRANSPORTATION PROJECT WITH OR WITHOUT
A USER FEE SHALL BE IN THE FORM OF A RESOLUTION SIGNED BY THE
CHAIRPERSON OF THE BOARD. 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
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
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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
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
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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
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.
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(B.3) TRANSPORTATION PROJECTS WITH A USER FEE.--THE
FOLLOWING SHALL APPLY FOR A PROPOSED TRANSPORTATION PROJECT WITH
A USER FEE:
(1) NO LATER THAN FIVE CALENDAR DAYS AFTER THE
RESOLUTION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN, THE
DEPARTMENT SHALL TRANSMIT THE RESOLUTION TO THE GOVERNOR. THE
GOVERNOR SHALL HAVE 10 CALENDAR DAYS TO APPROVE OR DISAPPROVE
THE RESOLUTION. IF NO ACTION IS TAKEN ON THE RESOLUTION BY
THE GOVERNOR WITHIN 10 CALENDAR DAYS OF RECEIPT OF THE
RESOLUTION, THE RESOLUTION SHALL BE DEEMED APPROVED. IF THE
GOVERNOR APPROVES THE RESOLUTION OR FAILS TO ACT, THE
GOVERNOR SHALL, WITHIN 10 CALENDAR DAYS, TRANSMIT THE
RESOLUTION TO THE SECRETARY OF THE SENATE AND THE CHIEF CLERK
OF THE HOUSE OF REPRESENTATIVES FOR CONSIDERATION BY THE
GENERAL ASSEMBLY. IF THE GOVERNOR DISAPPROVES THE RESOLUTION,
THE OBJECTIONS OF THE GOVERNOR DISAPPROVING THE RESOLUTION
SHALL BE TRANSMITTED TO THE DEPARTMENT WITHIN 10 CALENDAR
DAYS.
(2) IF NO ACTION IS TAKEN ON THE RESOLUTION BY THE
GENERAL ASSEMBLY WITHIN 20 CALENDAR DAYS OR 10 LEGISLATIVE
DAYS, WHICHEVER IS LATER, OF RECEIPT OF THE RESOLUTION FROM
THE GOVERNOR BY BOTH THE SECRETARY OF THE SENATE AND THE
CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, FIVE MEMBERS OF
THE SENATE OR 25 MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY
PETITION THEIR RESPECTIVE PRESIDING OFFICER TO SCHEDULE A
VOTE ON THE RESOLUTION. THE VOTE SHALL BE SCHEDULED TO OCCUR
WITHIN 10 CALENDAR DAYS OR FIVE LEGISLATIVE DAYS, WHICHEVER
IS LATER, OF THE PRESENTATION OF THE PETITION. EACH CHAMBER
SHALL HAVE 20 CALENDAR DAYS OR 10 LEGISLATIVE DAYS, WHICHEVER
IS LATER, TO INDEPENDENTLY PASS THE RESOLUTION. THE
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RESOLUTION SHALL BE DISAPPROVED UNLESS BOTH CHAMBERS PASS THE
RESOLUTION WITHIN THE TIME PERIOD PROVIDED UNDER THIS
PARAGRAPH. IF THE GENERAL ASSEMBLY DISAPPROVES THE
RESOLUTION, THE OBJECTIONS OF THE GENERAL ASSEMBLY
DISAPPROVING THE RESOLUTION SHALL BE TRANSMITTED BY THE
PRESIDING OFFICER OF EACH CHAMBER TO THE DEPARTMENT WITHIN 10
CALENDAR DAYS. IF THE GENERAL ASSEMBLY APPROVES THE
RESOLUTION, THE PUBLIC ENTITY MAY PROCEED WITH THE PUBLIC-
PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT.
(3) IF THE GOVERNOR OR THE GENERAL ASSEMBLY DISAPPROVES
A RESOLUTION AS PROVIDED UNDER THIS SUBSECTION, THE
DEPARTMENT MAY, UPON RECEIVING APPROVAL FROM THE BOARD,
SUBMIT AN AMENDED RESOLUTION UNDER PARAGRAPH (1). THE
DEPARTMENT MAY ONLY SUBMIT ONE AMENDED RESOLUTION. IF THE
AMENDED RESOLUTION IS DISAPPROVED, THE APPROVAL PROCESS SHALL
START OVER AGAIN AS PROVIDED UNDER THIS CHAPTER.
(4) IF A TIME PERIOD UNDER PARAGRAPH (2) EXPIRES AFTER A
SESSION OF THE GENERAL ASSEMBLY ADJOURNS SINE DIE, THE
DEPARTMENT SHALL REINITIATE THE PROCESS UNDER PARAGRAPH (1)
STARTING ON THE FIRST DAY OF THE SUCCEEDING SESSION OF THE
GENERAL ASSEMBLY, EXCEPT THAT THE DEPARTMENT SHALL NOT BE
REQUIRED TO REPUBLISH THE RESOLUTION IN THE PENNSYLVANIA
BULLETIN.
(B.4) TRANSPORTATION PROJECTS WITHOUT A USER FEE.--THE
FOLLOWING SHALL APPLY FOR A PROPOSED TRANSPORTATION PROJECT
WITHOUT A USER FEE:
(1) NO LATER THAN FIVE CALENDAR DAYS AFTER THE
RESOLUTION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN, THE
DEPARTMENT SHALL TRANSMIT THE RESOLUTION TO THE GOVERNOR. THE
GOVERNOR SHALL HAVE 10 CALENDAR DAYS TO APPROVE OR DISAPPROVE
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THE RESOLUTION. IF NO ACTION IS TAKEN ON THE RESOLUTION BY
THE GOVERNOR WITHIN 10 CALENDAR DAYS OF RECEIPT OF THE
RESOLUTION, THE RESOLUTION SHALL BE DEEMED APPROVED. IF THE
GOVERNOR APPROVES THE RESOLUTION OR FAILS TO ACT, THE
GOVERNOR SHALL, WITHIN 10 CALENDAR DAYS, TRANSMIT THE
RESOLUTION TO THE SECRETARY OF THE SENATE AND THE CHIEF CLERK
OF THE HOUSE OF REPRESENTATIVES FOR CONSIDERATION BY THE
GENERAL ASSEMBLY. IF THE GOVERNOR DISAPPROVES THE RESOLUTION,
THE OBJECTIONS OF THE GOVERNOR DISAPPROVING THE RESOLUTION
SHALL BE TRANSMITTED TO THE DEPARTMENT WITHIN 10 CALENDAR
DAYS.
(2) IF NO ACTION IS TAKEN ON THE RESOLUTION BY THE
GENERAL ASSEMBLY WITHIN 20 CALENDAR DAYS OR 10 LEGISLATIVE
DAYS, WHICHEVER IS LATER, OF RECEIPT OF THE RESOLUTION FROM
THE GOVERNOR BY BOTH THE SECRETARY OF THE SENATE AND THE
CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, FIVE MEMBERS OF
THE SENATE OR 25 MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY
PETITION THEIR RESPECTIVE PRESIDING OFFICER TO SCHEDULE A
VOTE ON THE RESOLUTION. THE VOTE SHALL BE SCHEDULED TO OCCUR
WITHIN 10 CALENDAR DAYS OR FIVE LEGISLATIVE DAYS, WHICHEVER
IS LATER, OF THE PRESENTATION OF THE PETITION. EACH CHAMBER
SHALL HAVE 20 CALENDAR DAYS OR 10 LEGISLATIVE DAYS, WHICHEVER
IS LATER, TO INDEPENDENTLY PASS THE RESOLUTION. THE
RESOLUTION SHALL BE DEEMED APPROVED UNLESS BOTH CHAMBERS VOTE
TO DISAPPROVE THE RESOLUTION IN THE TIME PERIOD UNDER THIS
PARAGRAPH. IF THE GENERAL ASSEMBLY DISAPPROVES THE
RESOLUTION, THE OBJECTIONS OF THE GENERAL ASSEMBLY
DISAPPROVING THE RESOLUTION SHALL BE TRANSMITTED BY THE
PRESIDING OFFICER OF EACH CHAMBER TO THE DEPARTMENT WITHIN 10
CALENDAR DAYS. IF THE GENERAL ASSEMBLY APPROVES THE
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RESOLUTION, THE PUBLIC ENTITY MAY PROCEED WITH THE PUBLIC-
PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT.
(3) IF THE GOVERNOR OR THE GENERAL ASSEMBLY DISAPPROVES
A RESOLUTION AS PROVIDED UNDER THIS SUBSECTION, THE
DEPARTMENT MAY, UPON RECEIVING APPROVAL FROM THE BOARD,
SUBMIT AN AMENDED RESOLUTION UNDER PARAGRAPH (1). THE
DEPARTMENT MAY ONLY SUBMIT ONE AMENDED RESOLUTION. IF THE
AMENDED RESOLUTION IS DISAPPROVED, THE APPROVAL PROCESS SHALL
START OVER AGAIN AS PROVIDED UNDER THIS CHAPTER.
(4) IF A TIME PERIOD UNDER PARAGRAPH (2) EXPIRES AFTER A
SESSION OF THE GENERAL ASSEMBLY ADJOURNS SINE DIE, THE
DEPARTMENT SHALL REINITIATE THE PROCESS UNDER PARAGRAPH (1)
STARTING ON THE FIRST DAY OF THE SUCCEEDING SESSION OF THE
GENERAL ASSEMBLY, EXCEPT THAT THE DEPARTMENT SHALL NOT BE
REQUIRED TO REPUBLISH THE RESOLUTION IN THE PENNSYLVANIA
BULLETIN.
* * *
Section 4. The amendment of 74 Pa.C.S. § 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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