PRINTER'S NO. 542
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
570
Session of
2023
INTRODUCED BY ZIMMERMAN, T. DAVIS, GREINER, BURGOS AND M. JONES,
MARCH 20, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 20, 2023
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," in township engineer, further providing for
township engineer and providing for waiver.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301 of the act of June 24, 1931
(P.L.1206, No.331), known as The First Class Township Code, is
amended to read:
Section 1301. Township Engineer.--
(a) [The] Subject to section 1301.1, the board of
commissioners [may appoint and determine the compensation of a
township engineer who must be a registered professional
engineer] shall appoint, through a competitive bid process, and
determine the compensation of at least two township engineers.
The township [engineer serves] engineers serve at the pleasure
of the board of commissioners.
(b) As used in this article, the term "engineer" means one
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or more registered professional engineers or a firm of
registered professional engineers.
Section 2. The act is amended by adding a section to read:
Section 1301.1. Waiver.--(a) If the board of commissioners
cannot obtain offers from qualified registered civil engineers
to fulfill the requirement under section 1301 to appoint at
least two township engineers, the board of commissioners may be
relieved from the requirement by completing a certification
form, subject to the following:
(1) The board of commissioners must complete the
certification form before the contract with the selected
township engineer is executed and must maintain the form
throughout the life of the contract with the township engineer.
(2) The certification form must be completed annually.
(3) A copy of the certification form must be filed with the
department.
(4) The department shall furnish the certification form,
which must:
(i) Require the board of commissioners to disclose the
methods and dates of the public solicitation. For purposes of
meeting this requirement, the board of commissioners shall
advertise requests for proposals and announce the solicitation
at a public meeting.
(ii) Require the board of commissioners to disclose the
number of qualified bids received in response to the public
solicitation.
(iii) Contain a statement that the information provided by
the board of commissioners is in compliance with 18 Pa.C.S. ยง
4904 (relating to unsworn falsification to authorities).
(iv) Contain a statement that the department does not have
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the discretion to deny waiver requests.
(b) As used in this section, the term "department" means the
Department of Labor and Industry of the Commonwealth.
Section 3. This act shall take effect in 60 days.
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