SENATE AMENDED
PRIOR PRINTER'S NOS. 3452, 3663, 4541
PRINTER'S NO. 4608
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2065
Session of
2020
INTRODUCED BY WHITE, ROTHMAN, SCHMITT, PICKETT, BROWN, STRUZZI,
ECKER, MIZGORSKI, HENNESSEY, SCHLEGEL CULVER, ZIMMERMAN,
POLINCHOCK AND TOMLINSON, MARCH 13, 2020
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 16, 2020
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in public-private transportation
partnerships, further providing for definitions and for
duties of board.
AMENDING TITLE 74 (TRANSPORTATION) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN PUBLIC-PRIVATE TRANSPORTATION
PARTNERSHIPS, FURTHER PROVIDING FOR DEFINITIONS, FOR DUTIES
OF BOARD, FOR REQUESTS AND FOR SOVEREIGN IMMUNITY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "public entity" and "public-
private transportation partnership agreement" in section 9102 of
Title 74 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Public entity." A Commonwealth agency as defined in 62
Pa.C.S. § 103 (relating to definitions), a municipality, a
municipal authority or an authority created by statute which
owns a transportation facility. The term does not include the
General Assembly and its members, officers or agencies or any
court or other office or agency of the Pennsylvania judicial
system.
"Public-private transportation partnership agreement." A
contract for a transportation project which transfers the rights
for the use or control, in whole or in part, of a transportation
facility by a public entity to a development entity for a
definite term during which the development entity will provide
the transportation project to the public entity in return for
the right to receive all or a portion of the revenue generated
from the use of the transportation facility, or other payment,
such as the following transportation-related 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.
(8) Truck parking.
(9) Weigh station bypassing.
(10) Electronic toll payment.
(11) Snow and ice removal for commercial vehicles.
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* * *
Section 2. Section 9104(a)(5) of Title 74 is amended to
read:
§ 9104. Duties of board.
(a) Duties.--The board shall do all of the following:
* * *
(5) Submit an annual report to the General Assembly
[detailing all transportation projects evaluated and
resolutions adopted.], including, but not limited to, the
following:
(i) A description of all transportation projects
evaluated and resolutions adopted.
(ii) A description of all transportation projects
denied and reasons for the denial.
(iii) A description of all unsolicited plans for
transportation projects submitted by private entities and
the status of the board's evaluation of the unsolicited
plans.
(iv) A description of all requests for
transportation projects submitted by public entities and
the status of the board's evaluation of the requests.
* * *
Section 3. This act shall take effect in 60 days.
SECTION 1. THE DEFINITIONS OF "PRIVATE ENTITY," "PUBLIC
ENTITY," "PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT"
AND "TRANSPORTATION FACILITY" IN SECTION 9102 OF TITLE 74 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
IS AMENDED BY ADDING A DEFINITION TO READ:
§ 9102. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"PRIVATE ENTITY." A PERSON, ENTITY, GROUP OR ORGANIZATION
THAT IS NOT THE FEDERAL GOVERNMENT, THE COMMONWEALTH, A COUNTY,
A CITY OF THE FIRST CLASS, A CITY OF THE SECOND CLASS OR A
MUNICIPAL AUTHORITY.
* * *
"PUBLIC ENTITY." A COMMONWEALTH AGENCY AS DEFINED IN 62
PA.C.S. § 103 (RELATING TO DEFINITIONS), A COUNTY, A CITY OF THE
FIRST CLASS, A CITY OF THE SECOND CLASS, A MUNICIPAL AUTHORITY
OR AN AUTHORITY CREATED BY STATUTE WHICH OWNS A TRANSPORTATION
FACILITY. THE TERM DOES NOT INCLUDE THE GENERAL ASSEMBLY AND ITS
MEMBERS, OFFICERS OR AGENCIES OR ANY COURT OR OTHER OFFICE OR
AGENCY OF THE PENNSYLVANIA JUDICIAL SYSTEM.
"PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT." A
CONTRACT FOR A TRANSPORTATION PROJECT WHICH TRANSFERS THE RIGHTS
FOR THE USE OR CONTROL, IN WHOLE OR IN PART, OF A TRANSPORTATION
FACILITY BY A PUBLIC ENTITY TO A DEVELOPMENT ENTITY FOR A
DEFINITE TERM DURING WHICH THE DEVELOPMENT ENTITY WILL PROVIDE
THE TRANSPORTATION PROJECT TO THE PUBLIC ENTITY IN RETURN FOR
THE RIGHT TO RECEIVE ALL OR A PORTION OF THE REVENUE GENERATED
FROM THE USE OF THE TRANSPORTATION FACILITY, OR OTHER PAYMENT,
SUCH AS THE FOLLOWING [TRANSPORTATION-RELATED 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
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EXISTING OR NEW TRANSPORTATION FACILITIES THAT ENHANCE
TRAFFIC THROUGHPUT, REDUCE CONGESTION, IMPROVE SAFETY [OR
OTHERWISE], MANAGE OR IMPROVE A TRANSPORTATION FACILITY[.] OR
SUPPORT THE ADVANCEMENT OF ALTERNATIVE FUEL VEHICLES OR
HIGHLY AUTOMATED VEHICLES AUTHORIZED UNDER 75 PA.C.S.
(RELATING TO VEHICLES).
(7) FINANCING.
(8) DRIVER AND VEHICLE SERVICES.
* * *
"TRANSPORTATION FACILITY." A PROPOSED OR EXISTING ROAD,
BRIDGE, TUNNEL, OVERPASS, FERRY, BUSWAY, GUIDEWAY, PUBLIC
TRANSPORTATION FACILITY, VEHICLE PARKING FACILITY, PORT
FACILITY, MULTIMODAL TRANSPORTATION FACILITY, AIRPORT, STATION,
HUB, TERMINAL, REST AREA, WEIGH STATION, WEIGH STATION BYPASS,
WELCOME CENTER, UNMANNED AERIAL SYSTEM OR SIMILAR FACILITY USED
OR TO BE USED FOR THE TRANSPORTATION OF PERSONS, ANIMALS OR
GOODS, TOGETHER WITH ANY BUILDINGS, STRUCTURES, PARKING AREAS,
APPURTENANCES, INTELLIGENT TRANSPORTATION SYSTEMS AND OTHER
PROPERTY NEEDED TO OPERATE OR RELATED TO THE OPERATION OF THE
TRANSPORTATION FACILITY. THE TERM INCLUDES ANY IMPROVEMENTS OR
SUBSTANTIAL ENHANCEMENTS OR MODIFICATIONS TO AN EXISTING
TRANSPORTATION FACILITY OR TRANSPORTATION-RELATED SERVICE.
* * *
"TRANSPORTATION-RELATED SERVICE." A PROPOSED OR EXISTING
SERVICE OFFERED BY THE DEPARTMENT OR A COMMONWEALTH AGENCY TO
PROVIDE A PRODUCT, PERMIT OR SIMILAR AUTHORIZATION IN A
TRANSACTION FOR A RESIDENT OR NONRESIDENT TO MOVE INDIVIDUALS OR
PROPERTY WITHIN THIS COMMONWEALTH DURING THE NORMAL COURSE OF
BUSINESS OR A DECLARATION BY THE GOVERNOR OF DISASTER EMERGENCY
UNDER 35 PA.C.S. § 7301(C) (RELATING TO GENERAL AUTHORITY OF
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GOVERNOR).
SECTION 2. SECTIONS 9104(A)(5), 9108 AND 9117 ARE AMENDED TO
READ:
§ 9104. DUTIES OF BOARD.
(A) DUTIES.--THE BOARD SHALL DO ALL OF THE FOLLOWING:
* * *
(5) SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY
[DETAILING ALL TRANSPORTATION PROJECTS EVALUATED AND
RESOLUTIONS ADOPTED.], INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING:
(I) A DESCRIPTION OF ALL TRANSPORTATION PROJECTS
EVALUATED AND RESOLUTIONS ADOPTED.
(II) A DESCRIPTION OF ALL TRANSPORTATION PROJECTS
DENIED AND REASONS FOR THE DENIAL.
(III) A DESCRIPTION OF ALL UNSOLICITED PLANS FOR
TRANSPORTATION PROJECTS SUBMITTED BY PRIVATE ENTITIES AND
THE STATUS OF THE BOARD'S EVALUATION OF THE UNSOLICITED
PLANS.
(IV) A DESCRIPTION OF ALL REQUESTS FOR
TRANSPORTATION PROJECTS SUBMITTED BY PUBLIC ENTITIES AND
THE STATUS OF THE BOARD'S EVALUATION OF THE REQUESTS.
* * *
§ 9108. REQUESTS.
A REQUEST MAY BE SOLICITED OR UNSOLICITED AND MAY PROVIDE FOR
THE DEVELOPMENT OR OPERATION OF TRANSPORTATION FACILITIES OR
TRANSPORTATION-RELATED SERVICES USING A VARIETY OF PROJECT
DELIVERY METHODS AND FORMS OF AGREEMENT. THE METHODS MAY
INCLUDE:
(1) PREDEVELOPMENT AGREEMENTS LEADING TO OTHER
IMPLEMENTING AGREEMENTS.
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(2) A DESIGN-BUILD AGREEMENT.
(3) A DESIGN-BUILD-OPERATE AGREEMENT.
(4) A DESIGN-BUILD-MAINTAIN AGREEMENT.
(5) A DESIGN-BUILD-FINANCE-OPERATE AGREEMENT.
(6) A DESIGN-BUILD-OPERATE-MAINTAIN AGREEMENT.
(7) A DESIGN-BUILD-FINANCE-OPERATE-MAINTAIN AGREEMENT.
(8) AN OPERATE-MAINTAIN AGREEMENT.
(9) A CONCESSION PROVIDING FOR THE DEVELOPMENT ENTITY TO
DESIGN, BUILD, OPERATE, MAINTAIN, MANAGE OR LEASE A
TRANSPORTATION FACILITY.
(10) ANY OTHER INNOVATIVE OR NONTRADITIONAL PROJECT
DELIVERY METHOD OR AGREEMENT OR COMBINATION OF METHODS OR
AGREEMENTS THAT THE PUBLIC ENTITY DETERMINES WILL ADDRESS THE
TRANSPORTATION NEEDS OF THE COMMONWEALTH AND THE PUBLIC
ENTITY AND SERVE THE PUBLIC INTEREST.
§ 9117. SOVEREIGN IMMUNITY.
UNDER SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF
PENNSYLVANIA, IT IS DECLARED TO BE THE INTENT OF THE GENERAL
ASSEMBLY THAT THE COMMONWEALTH, AND ITS OFFICIALS AND EMPLOYEES,
A COUNTY AND ITS OFFICIALS AND EMPLOYEES, A CITY OF THE FIRST
CLASS AND ITS OFFICIALS AND EMPLOYEES, A CITY OF THE SECOND
CLASS AND ITS OFFICIALS AND EMPLOYEES, AND A MUNICIPAL
AUTHORITY, AND ITS OFFICIALS AND EMPLOYEES, ACTING WITHIN THE
SCOPE OF THEIR DUTIES, SHALL CONTINUE TO ENJOY SOVEREIGN
IMMUNITY AND OFFICIAL IMMUNITY AND REMAIN IMMUNE FROM SUIT
EXCEPT AS PROVIDED IN SECTION 9118 (RELATING TO SPECIFIC
PERFORMANCE). A CLAIM AGAINST THE COMMONWEALTH AND ITS OFFICIALS
AND EMPLOYEES, A COUNTY AND ITS OFFICIALS AND EMPLOYEES, A CITY
OF THE FIRST CLASS AND ITS OFFICIALS AND EMPLOYEES, A CITY OF
THE SECOND CLASS AND ITS OFFICIALS AND EMPLOYEES, OR MUNICIPAL
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AUTHORITY AND ITS OFFICIALS AND EMPLOYEES SHALL BE BROUGHT ONLY
IN SUCH MANNER AND IN SUCH COURTS AND IN SUCH CASES AS DIRECTED
BY THE PROVISION OF SECTION 9110(E) (RELATING TO PUBLIC-PRIVATE
TRANSPORTATION PARTNERSHIP AGREEMENT), 42 PA.C.S. CH. 85
(RELATING TO MATTERS AFFECTING GOVERNMENT UNITS), 62 PA.C.S. CH.
17 (RELATING TO LEGAL AND CONTRACTUAL REMEDIES) OR ANY
PROCUREMENT LAW APPLICABLE TO A COUNTY, A CITY OF THE FIRST
CLASS, A CITY OF THE SECOND CLASS OR MUNICIPAL AUTHORITY.
SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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