PRINTER'S NO. 1721
No. 1171 Session of 2004
INTRODUCED BY MOWERY, LEMMOND, PILEGGI, RAFFERTY, RHOADES AND
WAUGH, JUNE 22, 2004
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 22, 2004
AN ACT
1 Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An
2 act providing for the establishment, implementation and
3 administration of the Pennsylvania Infrastructure Investment
4 Authority; imposing powers and duties on a board of trustees;
5 transferring the rights, powers, duties and obligations of
6 the Water Facilities Loan Board to the Pennsylvania
7 Infrastructure Investment Authority; providing for the
8 issuance of notes and bonds; providing for financial
9 assistance and for a comprehensive water facilities plan;
10 authorizing a referendum to incur indebtedness; making an
11 appropriation; and making repeals," further providing for the
12 contracting process.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 10 of the act of March 1, 1988 (P.L.82,
16 No.16), known as the Pennsylvania Infrastructure Investment
17 Authority Act, is amended by adding a subsection to read:
18 Section 10. Financial assistance.
19 * * *
20 (o) Contracts.--No specification for bids in connection with
21 any project financed by the authority shall be written in such a
22 manner as to contain proprietary, exclusionary or discriminatory
23 requirements other than those based upon performance unless such
1 requirements are necessary to test or demonstrate a specific
2 thing or to provide for necessary interchangeability of parts
3 and equipment. At least two brand names or trade names of
4 comparable quality or utility shall be listed, followed by the
5 words "or equal." Any disputes arising from this subsection
6 shall be resolved first by the grantee or loan recipient and, if
7 necessary, by the Department of Environmental Protection, not
8 the authority.
9 Section 2. This act shall take effect in 60 days.
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