PRINTER'S NO. 1676
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1545
Session of
2021
INTRODUCED BY ZIMMERMAN, T. DAVIS, ROZZI, GREINER, HILL-EVANS,
MALONEY, JONES AND MILLARD, JUNE 3, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 3, 2021
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
act concerning townships of the second class; and amending,
revising, consolidating and changing the law relating
thereto," in township engineer, further providing for
township engineer, providing for waiver and further providing
for engineer's duties and preparation of plans and for
certificate of commencement and of completion of municipal
improvements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1201 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, is amended to
read:
Section 1201. Township [Engineer.--The] Engineers.--Subject
to section 1201.1, the board of supervisors [may appoint and
determine the compensation of a township engineer who shall be a
registered professional engineer. The township engineer serves]
shall appoint, through a competitive bid process, and determine
the compensation of at least two township engineers who shall be
registered professional engineers. A township engineer shall
serve at the pleasure of the board of supervisors.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Section 2. The act is amended by adding a section to read:
Section 1201.1. Waiver.--(a) If the board of supervisors
cannot obtain offers from qualified registered professional
engineers to fulfill the requirement under section 1201 to
appoint at least two township engineers, the board of
supervisors may be relieved from the requirement by completing a
certification form, subject to the following:
(1) The board of supervisors must complete the certification
form before the contract with the selected township engineer is
executed and must maintain the form throughout the life of the
contract with the township engineer.
(2) The certification form must be completed annually.
(3) A copy of the certification form must be filed with the
department.
(4) The department shall furnish the certification form,
which must:
(i) Require the board of supervisors to disclose the methods
and dates of the public solicitation. For purposes of meeting
this requirement, the board of supervisors shall advertise
requests for proposals and announce the solicitation at a public
meeting.
(ii) Require the board of supervisors to disclose the number
of qualified bids received to the public solicitation.
(iii) Contain a statement that the information provided by
the board of supervisors is in compliance with 18 Pa.C.S. ยง 4904
(relating to unsworn falsification to authorities).
(iv) Contain a statement that the department does not have
the discretion to deny waiver requests.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
20210HB1545PN1676 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
Section 3. Sections 1202 and 1203 of the act are amended to
read:
Section 1202. Engineer's Duties; Preparation of Plans.--
[The] A township engineer shall perform duties as the board of
supervisors may direct for the construction, reconstruction,
maintenance and repair of streets, roads, pavements, sanitary
sewers, bridges, culverts and other engineering work. [The] A
township engineer shall prepare plans, specifications and
estimates of the work undertaken by the township and furnish the
board of supervisors with reports, information or estimates on
[any] township engineering work or on questions submitted by the
board of supervisors.
Section 1203. Certificate of Commencement and of Completion
of Municipal Improvements.--[The] A township engineer shall
certify to the township secretary the date of commencement and
of completion of [all municipal improvements] a municipal
improvement, the cost of which, in whole or in part, is to be
paid by the owners of the abutting property. The certification
shall be made a part of the permanent records of the township.
The certified time of commencement and completion is conclusive
on all parties. The term "certified time of completion" means
the time of the completion of the whole contract for the
municipal improvement.
Section 4. This act shall take effect in 60 days.
20210HB1545PN1676 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27