PRINTER'S NO. 1112
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1076
Session of
2021
INTRODUCED BY MULLERY, SANCHEZ, HILL-EVANS, DELLOSO, McNEILL,
SCHLOSSBERG, NEILSON, CIRESI, MALAGARI AND FREEMAN,
APRIL 1, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 1, 2021
AN ACT
Providing for roadway repair by public utilities and municipal
authorities and for restoration of roadways after alteration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Utility Fair
Share Roadway Repair Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Municipal authority." As defined in 53 Pa.C.S. § 5602
(relating to definitions).
"Public utility." As defined in 66 Pa.C.S. § 102 (relating
to definitions).
"Secretary." The Secretary of Transportation of the
Commonwealth.
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Section 3. Roadway repair by a public utility or municipal
authority.
A public utility or a municipal authority that alters,
excavates, disrupts or disturbs a roadway shall be responsible
for the complete repaving and repair of the roadway from
curbline to curbline. The following shall apply:
(1) Any repaving and repair of a State roadway required
under this section shall be to the satisfaction of the
secretary.
(2) Any repaving and repair of a municipal roadway
required under this section shall be to the satisfaction of
the applicable municipal public works director or designated
municipal representative.
(3) Except in an emergency, a public utility or
municipal authority shall notify the secretary or municipal
public works director or designated municipal representative
prior to any repairs or replacement to underground utilities.
The secretary or municipal public works director or
designated municipal representative shall require the public
utility or municipal authority to completely repair or
resurface the roadway within 90 days after the completion of
active work.
Section 4. Complaint for failure to repair.
(a) Public utilities.--Within one year of completion of the
repaving and repair of a roadway by a public utility, the
secretary, with respect to a State roadway, or the municipal
public works director or designated municipal representative,
with respect to a municipal roadway, may file a complaint with
the Pennsylvania Public Utility Commission for any insufficient,
defective, noncompliant or incomplete repaving or repair of a
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roadway. The Pennsylvania Public Utility Commission shall
immediately set a time for hearing and shall, after notice of
the hearing to the public utility that failed to comply with the
provisions of this act, determine what amount if any is required
for reparation, reconstruction or repaving in compliance with
section 3.
(b) Municipal authorities.--Within one year of the
completion of the repaving and repair of a roadway by a
municipal authority, the secretary, with respect to a State
roadway, or the municipal public works director or designated
municipal representative, with respect to a municipal roadway,
may file a complaint with the Court of Common Pleas in the
county in which the work was completed for any insufficient,
defective, noncompliant or incomplete repaving or repair of a
roadway. The Court of Common Pleas shall immediately set a time
for hearing and shall, after notice of the hearing to the
municipal authority that failed to comply with the provisions of
this act, determine what amount if any is required for
reparation, reconstruction or repaving in compliance with
section 3.
Section 5. Alteration of roadways.
A public utility or municipal authority that alters a State
or municipal roadway that is subject to the provisions of this
act shall restore that portion of the roadway which was altered
to the same or better condition than existed prior to alteration
and all repaving and repair shall be in accordance with and
subject to the provisions of section 3.
Section 6. Effective date.
This act shall take effect in 60 days.
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