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PRINTER'S NO. 3344
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2069
Session of
2020
INTRODUCED BY ECKER, HENNESSEY, STRUZZI, ROTHMAN, MOUL, SCHLEGEL
CULVER AND FRITZ, 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 Bundling 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 Bundling Program
B. (Reserved)
SUBCHAPTER A
HIGHWAY BUNDLING PROGRAM
Sec.
9701. Definitions.
9702. Bundling authorization.
9703. Highway Bundling Program.
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§ 970 1. 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.
"Determination." A decision by the department as to the
eligibility, recommendation and inclusion in the program.
"Local government." A county, city, borough, town or
township.
"Program." The Highway Bundling Program established by this
subchapter.
§ 970 2. Bundling authorization.
Notwithstanding any other law, the department may bundle the
design and construction, reconstruction, widening, repair or
improvement of highways owned by the Commonwealth or an
instrumentality of the Commonwealth or a local government as
provided under this subchapter.
§ 970 3. Highway Bundling Program.
(a) Establishment.--The Highway Bundling Program is
established within the department.
(b) Purpose.--The purpose of the program is to save costs
and time by allowing multiple highways to be designed and
constructed, reconstructed, widened, repaired or improved as one
project for design and construction, reconstruction, widening,
repair or improvement purposes.
(c) Eligibility.--Highways shall be eligible for the program
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if the highways meet all of the following:
(1) Are within geographical proximity to each other.
(2) Inclusion in the program will further the purpose of
the program.
(3) Bundling of the highways is determined to be
feasible by the department.
(4) Any other eligibility requirement established by the
department.
(d) Implementation.--The department shall implement the
program as follows:
(1) The department shall annually develop a preliminary
list from different regions of this Commonwealth, on a
rotating basis, of highways meeting eligibility requirements.
The department may also receive requests from local
governments for the inclusion of highways owned by local
governments in the program.
(2) The department shall notify local governments owning
highways recommended for inclusion in that year's program.
The notification shall include any local match or revenue-
sharing requirement that may be necessary for participation
in the program.
(3) Following receipt of notification from the
department, the governing body of a local government shall
have 60 days to agree or refuse to participate in the
program. Failure to respond in writing within 60 days shall
be considered a refusal to participate in the program.
(4) Based on the response from local governments under
paragraph (3), the department shall make a determination of
highways to be designed and constructed, reconstructed,
widened, repaired or improved under the program and provide a
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list of the highways to the appropriate planning
organizations.
(5) A determination shall not be:
(i) considered to be an adjudication under 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to
judicial review of Commonwealth agency action); or
(ii) appealable to the department or a court of law.
(6) A local government that agrees to participate in the
program for one or more of its highways shall enter into an
agreement with the department subject to the following:
(i) The agreement shall define the department's
responsibility for the design and construction,
reconstruction, widening, repair or improvement of the
highways and the continuing ownership, maintenance, local
match or revenue-sharing responsibilities of the local
government for the highways included in the program.
(ii) The local government shall have 90 days
following receipt of the agreement to execute and return
the agreement to the department.
(iii) Failure to return an agreement executed by
authorized local government officials under subparagraph
(ii) shall be deemed a refusal to participate in the
program.
(7) Upon full execution of an agreement under the
program, the department shall manage the project design and
construction, reconstruction, widening, repair or improvement
in a manner consistent with the purpose of the program.
(e) Itemization.--Notwithstanding any other law, highways
determined to be eligible and recommended for the program by the
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department shall not require specific itemization in a capital
budget.
(f) Design-build.--Notwithstanding any other law, highways
included in the program may be designed and constructed,
reconstructed, widened, repaired or improved through design-
build contracts.
(g) Regulations.--In order to facilitate the implementation
of this subchapter, the department may promulgate regulations or
publish guidelines to implement any provision that is required
under this subchapter or that the department determines is
appropriate for implementation of this subchapter.
(h) 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 a temporary
regulation that expires 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
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
the Regulatory Review Act.
SUBCHAPTER B
(Reserved)
Section 2. This act shall take effect in 60 days.
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