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PRINTER'S NO. 3339
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2063
Session of
2020
INTRODUCED BY FRITZ, PICKETT, HENNESSEY, SCHMITT, ECKER,
SCHLEGEL CULVER, MIZGORSKI, ROTHMAN, STRUZZI, SAYLOR, OWLETT,
TOOHIL, KAUFER, RADER, PEIFER, EVERETT AND KEEFER,
FEBRUARY 24, 2020
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2020
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in transportation infrastructure,
establishing the Highway Design-Build Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 74 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 97
DEPARTMENTAL PROGRAMS
Subchapter
A. Highway Design-Build Program
B. (Reserved)
SUBCHAPTER A
HIGHWAY DESIGN-BUILD PROGRAM
Sec.
9701. Definitions.
9702. Highway Design-Build Program.
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9703. Regulations.
§ 9701. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Design-build contract." A contract in which the contractor
is responsible for both the design and the construction,
reconstruction, widening, repair or improvement of a highway
project.
"Highway project." The construction, reconstruction,
widening, repair or improvement of a State highway or a part of
a State highway.
"Program." The Highway Design-Build Program established by
this subchapter.
§ 9702. Highway Design-Build Program.
(a) Establishment.--The Highway Design-Build Program is
established within the department.
(b) Purpose.--The purpose of the program is to save costs
and time by allowing the department to enter into design-build
contracts.
(c) Implementation.--The department shall implement the
program as follows:
(1) The department shall annually develop a list of all
highway projects that, in the department's discretion, are
suitable for a design-build contract. When determining
eligibility for a highway project for inclusion on the list,
the department shall analyze all highway projects which have
a total projected cost of at least $100,000,000.
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(2) The department shall develop a process for the
solicitation of bids, requests for proposals and awarding of
design-build contracts for highway projects contained in the
list required under paragraph (1).
(3) The department shall have the sole discretion to
accept and award design-build contracts under the program.
(4) No more than 25% of the aggregate dollar amount of
the department's highway projects in any fiscal year may be
completed through a design-build contract under the program.
(d) Applicability.--The provisions of 62 Pa.C.S. § 511
(relating to methods of source selection) shall not apply to the
program.
§ 9703. Regulations.
(a) General rule.--In order to facilitate the implementation
of this subchapter, the department may promulgate regulations or
publish guidelines to implement any provision which is required
under this subchapter or which the department determines are
appropriate for implementation of this subchapter.
(b) Temporary regulations.--Notwithstanding any other
provision of law, any regulation promulgated by the department
under this subchapter during the two years following the
effective date of this section shall be deemed temporary
regulations which shall expire no later than three years
following the effective date of this section or upon
promulgation of final regulations. The temporary regulations
shall not be subject to any of the following:
(1) Sections 201, 202, 203 and 204 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as
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the Regulatory Review Act.
SUBCHAPTER B
(Reserved)
Section 2. This act shall take effect in 60 days.
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