S0382B0638A02896 DMS:EJH 11/08/21 #90 A02896
AMENDMENTS TO SENATE BILL NO. 382
Sponsor: REPRESENTATIVE DELOZIER
Printer's No. 638
Amend Bill, page 1, line 4, by striking out "and" where it
occurs the first time and inserting a comma
Amend Bill, page 1, line 4, by inserting after "board" where
it occurs the second time
and for selection of development entities
Amend Bill, page 10, line 1, by striking out "THE" and
inserting
Except as provided for under subsection (b.5), the
Amend Bill, page 10, line 2, by striking out "FOR" and
inserting
to
Amend Bill, page 10, line 18, by inserting after "DAYS"
and the public entity may not proceed with the public-
private partnership agreement
Amend Bill, page 10, lines 19 through 30; page 11, lines 1
through 23; by striking out all of said lines on said pages and
inserting
(2) Upon receipt of the resolution from the Governor
under paragraph (1), the General Assembly may adopt a
concurrent resolution approving the resolution submitted by
the Governor, subject to all of the following:
(i) The Senate and the House of Representatives
shall each have 20 calendar days or 10 legislative days,
whichever is longer, from the date of receipt of the
resolution from the Governor to adopt the concurrent
resolution.
(ii) If one or both chambers of the General Assembly
is prevented from adopting a concurrent resolution during
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the time period provided under subparagraph (i) because
of the adjournment sine die or the expiration of the
legislative session in an even-numbered year, each
chamber shall have 20 calendar days or 10 legislative
days, whichever is longer, from the first legislative day
of the succeeding legislative session to adopt the
concurrent resolution.
(iii) If the General Assembly adopts the concurrent
resolution approving the resolution submitted by the
Governor during the time periods provided under
subparagraphs (i) or (ii), the public entity may proceed
with the public-private partnership agreement.
(3) If either chamber of the General Assembly fails to
adopt the concurrent resolution in the time periods provided
under paragraph (2), the resolution submitted by the Governor
shall be deemed disapproved and the public entity may not
proceed with the public-private partnership agreement. The
presiding officer of a chamber that fails to adopt a
concurrent resolution shall transmit the objections of the
chamber to the department within 10 calendar days of the date
on which the time periods provided under paragraph (2)
expires.
(4) If the Governor disapproves a resolution adopted by
the board under paragraph (1), or if the General Assembly
fails to adopt a concurrent resolution under paragraph (2),
the department may, in consultation with the public entity
that is the subject of the proposed transportation project if
the public entity is not the department, amend the proposed
transportation project and submit an amended resolution to
the board for approval, subject to all of the following:
(i) An amended resolution submitted to the board
under this paragraph shall not be subject to subsection
(b.1), but shall be subject to all other requirements
under this section applicable to the approval of a
proposed transportation project through a resolution
adopted by the board.
(ii) If the Governor disapproves an amended
resolution adopted by the board under paragraph (1) or if
the General Assembly fails to adopt a concurrent
resolution under paragraph (2) approving the amended
resolution submitted by the Governor, the public entity
may not proceed with the public-private partnership
agreement and additional amended resolutions may not be
considered under the provisions of this paragraph,
provided that the proposed transportation project that is
the subject of the disapproved amended resolution may be
subsequently submitted for approval to the board as a new
resolution and be subject to the provisions of this
chapter.
Amend Bill, page 11, line 24, by striking out "THE" and
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inserting
Except as provided for under subsection (b.5), the
Amend Bill, page 11, line 25, by striking out "FOR" and
inserting
to
Amend Bill, page 12, line 11, by inserting after "DAYS"
and the public entity may not proceed with the public-
private partnership agreement
Amend Bill, page 12, lines 12 through 30; page 13, lines 1
through 16; by striking out all of said lines on said pages and
inserting
(2) Upon receipt of the resolution from the Governor
under paragraph (1), the General Assembly may adopt a
concurrent resolution disapproving the resolution submitted
by the Governor, subject to all of the following:
(i) The Senate and the House of Representatives
shall each have 20 calendar days or 10 legislative days,
whichever is longer, from the date of receipt of the
resolution from the Governor to adopt the concurrent
resolution disapproving the resolution submitted by the
Governor.
(ii) If one or both chambers of the General Assembly
is prevented from adopting a concurrent resolution during
the time period provided under subparagraph (i) because
of the adjournment sine die or the expiration of the
legislative session in an even-numbered year, each
chamber shall have 20 calendar days or 10 legislative
days, whichever is longer, from the first legislative day
of the succeeding legislative session to adopt the
concurrent resolution.
(iii) If the General Assembly adopts the concurrent
resolution disapproving the resolution submitted by the
Governor during the time periods provided under
subparagraphs (i) or (ii), the public entity may not
proceed with the public-private partnership agreement.
The presiding officer of each chamber shall transmit the
objections of their respective chamber to the department
within 10 calendar days of the date on which the General
Assembly adopted the concurrent resolution.
(3) If either chamber of the General Assembly fails to
adopt the concurrent resolution in the time periods provided
under paragraph (2), the resolution submitted by the Governor
shall be deemed approved and the public entity may proceed
with the public-private partnership agreement.
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(4) If the Governor disapproves a resolution adopted by
the board under paragraph (1) or if the General Assembly
adopts a concurrent resolution under paragraph (2), the
department may, in consultation with the public entity that
is the subject of the proposed transportation project if the
public entity is not the department, amend the proposed
transportation project and submit an amended resolution to
the board for approval, subject to all of the following:
(i) An amended resolution submitted to the board
under this paragraph shall not be subject to subsection
(b.1), but shall be subject to all other requirements
under this section applicable to the approval of a
proposed transportation project through a resolution
adopted by the board.
(ii) If the Governor disapproves an amended
resolution adopted by the board under paragraph (1) or if
the General Assembly adopts a concurrent resolution under
paragraph (2), the public entity may not proceed with the
public-private partnership agreement and additional
amended resolutions may not be considered under the
provisions of this paragraph, provided that the proposed
transportation project that is the subject of the
disapproved amended resolution may be subsequently
submitted for approval to the board as a new resolution
and be subject to the provisions of this chapter.
(b.5) Approval of local transportation projects.--
(1) Subsections (b.3) and (b.4) shall not apply to a
proposed transportation project if the transportation
facility which is the subject of the proposed transportation
project is not owned by the Commonwealth.
(2) A proposed transportation project as described in
paragraph (1) shall be deemed approved upon the adoption of a
resolution by the board under section 9104(a)(4) (relating to
duties of board).
Amend Bill, page 13, by inserting between lines 17 and 18
Section 4. Section 9109(a) of Title 74 is amended to read:
§ 9109. Selection of development entities.
(a) Conditions for use.--If a transportation project is
approved under [section] sections 9104 (relating to duties of
board) and 9105 (relating to operation of board), the public
entity may enter into a contract for the transportation project
by competitive sealed proposals.
* * *
Amend Bill, page 13, line 18, by striking out "4" and
inserting
5
Amend Bill, page 13, line 18, by striking out "§ 9105" and
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inserting
§§ 9102, 9104, 9105 and 9109
Amend Bill, page 13, line 23, by striking out "authorizing"
and inserting
adopted by the Public-Private Transportation Partnership
Board on November 12, 2020, approving the public-private
partnership delivery model for interstate bridges or expressway
bridges and referred to in the resolution as
Amend Bill, page 13, lines 25 and 26, by striking out all of
said lines and inserting
the Department of Transportation is prohibited from entering
into a public-private transportation partnership agreement with
a development entity to utilize a public-private partnership
delivery model for interstate bridges or expressway bridges,
including associated roadwork, unless the Department of
Transportation submits a resolution after the effective date of
this act to the Public-Private Transportation Partnership Board
and the resolution is approved under 74 Pa.C.S. Ch. 91 as
amended by this act.
Amend Bill, page 13, line 27, by striking out "5" and
inserting
6
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