S0382B0309A00718 NAD:AAS 04/15/21 #90 A00718
AMENDMENTS TO SENATE BILL NO. 382
Sponsor: SENATOR LANGERHOLC
Printer's No. 309
Amend Bill, page 2, line 7, by inserting a bracket before
"the"
Amend Bill, page 2, line 7, by inserting a bracket after
"following"
Amend Bill, page 2, line 7, by striking out the bracket
before "transportation-related"
Amend Bill, page 2, line 7, by striking out the bracket after
"services" and inserting
.[
Amend Bill, page 2, line 17, by inserting a bracket after
"Financing."
Amend Bill, page 2, lines 19 through 23, by striking out all
of said lines and inserting
"Transportation-related service." Only the following
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.
Amend Bill, page 2, lines 24 and 25, by striking out all of
said lines and inserting
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Section 2. Section 9104(a)(2) and (4) and (c) of Title 74
are amended to read:
Amend Bill, page 2, by inserting between lines 28 and 29
(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.
* * *
Amend Bill, page 2, line 30, by inserting after "for"
proposed
Amend Bill, page 3, line 2, by inserting after "for"
proposed
Amend Bill, page 3, line 29, by inserting after "a" where it
occurs the second time
proposed
Amend Bill, page 3, line 30, by inserting after "to"
requesting
Amend Bill, page 4, line 6, by inserting after "the"
proposed
Amend Bill, page 4, line 11, by inserting after "the"
proposed
Amend Bill, page 4, lines 12 through 15, by striking out all
of said lines and inserting
(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).
Amend Bill, page 4, by inserting between lines 16 and 17
(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.
Amend Bill, page 4, line 28, by striking out all of said line
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and inserting
(b.1) Public input.--The following shall apply:
(1) The department shall collect comments
Amend Bill, page 5, lines 3 and 4, by striking out "the
results" and inserting
all submitted comments and a summary as provided under
paragraph (2)
Amend Bill, page 5, line 5, by striking out "submit the
results" and inserting
provide the submitted comments and summary
Amend Bill, page 5, by inserting between lines 8 and 9
(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.
Amend Bill, page 5, line 11, by inserting after "the" where
it occurs the second time
proposed
Amend Bill, page 5, line 12, by inserting after "the" where
it occurs the third time
proposed
Amend Bill, page 5, line 13, by inserting after "project"
in the form of a resolution
Amend Bill, page 5, lines 14 and 15, by striking out "The
board shall approve a proposed transportation" in line 14 and
all of line 15 and inserting
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.
Amend Bill, page 5, lines 26 through 30; pages 6 and 7, lines
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1 through 30; page 8, lines 1 through 11; by striking out all of
said lines on said pages and inserting
(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
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
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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
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
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
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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.
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