Regular Session 2021-2022 Senate Bill 0382 P.N. 0638

PRIOR PRINTER'S NO. 309

PRINTER'S NO. 638

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

382

Session of

2021

INTRODUCED BY LANGERHOLC, REGAN, DiSANTO, MENSCH, BARTOLOTTA,

ROBINSON, BAKER, J. WARD, BROOKS, STEFANO, HUTCHINSON, DUSH,

PITTMAN, GORDNER, MARTIN, AUMENT AND BROWNE, MARCH 9, 2021

AS AMENDED ON THIRD CONSIDERATION, APRIL 20, 2021

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, in public-private transportation

partnerships, further providing for definitions, for duties

of board and for operation of board; and voiding prior

initiatives of the Public-Private Transportation Partnership

Board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "public-private transportation

partnership agreement" in section 9102 of Title 74 of the

Pennsylvania Consolidated Statutes is amended and the section is

amended by adding a definition 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:

* * *

"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.]

* * *

"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.

"TRANSPORTATION-RELATED SERVICE." ONLY THE FOLLOWING

SERVICES:

(1) OPERATIONS AND MAINTENANCE.

(2) REVENUE COLLECTION.

(3) USER FEE COLLECTION OR ENFORCEMENT.

(4) DESIGN.

(5) CONSTRUCTION.

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(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.

Section 2. Section 9104(a)(4) and (c) of Title 74 are

amended to read:

SECTION 2. SECTION 9104(A)(2) AND (4) AND (C) OF TITLE 74

ARE AMENDED TO READ:

§ 9104. Duties of board.

(a) Duties.--The board shall do all of the following:

* * *

(2) ADOPT GUIDELINES ESTABLISHING THE PROCEDURE BY WHICH

A PUBLIC ENTITY MAY SUBMIT A REQUEST FOR A PROPOSED

TRANSPORTATION PROJECT OR A PRIVATE ENTITY MAY SUBMIT AN

UNSOLICITED PLAN FOR A PROPOSED TRANSPORTATION PROJECT TO THE

BOARD.

* * *

(4) Evaluate and, where the board finds that the

requests or plans for PROPOSED transportation projects are in

the best interests of the Commonwealth and a public entity,

approve the requests or plans for PROPOSED transportation

projects[. The board shall approve a proposed transportation

project by adopting a resolution.] as provided under section

9105.

* * *

[(c) General Assembly.--The following shall apply:

(1) The General Assembly may, within 20 calendar days or

nine legislative days, whichever is longer, of the adoption

of the resolution under subsection (a)(4), pass a concurrent

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resolution rescinding the approval of a transportation

project if the transportation facility which is the subject

of the transportation project is owned by the Commonwealth.

(2) If the General Assembly adopts the concurrent

resolution within the time period under paragraph (1) by

majority vote in both the Senate and the House of

Representatives, the transportation project shall be deemed

disapproved.

(3) If the General Assembly fails to adopt the

concurrent resolution by majority vote in both the Senate and

the House of Representatives within the time period under

paragraph (1), the transportation project shall be deemed

approved.]

Section 3. Section 9105(b) of Title 74 is amended and the

section is amended by adding subsections to read:

§ 9105. Operation of board.

* * *

(b) Analysis.--The following shall apply:

(1) The department shall develop a detailed analysis of

a request or recommendation for a PROPOSED transportation

project prior to REQUESTING approval by the board.

(2) The analysis shall include the following:

(i) The exact location of the proposed

transportation project.

(ii) The type of transportation facility or

transportation-related service to be improved.

(iii) The estimated costs of the PROPOSED

transportation project to the public entity.

(iv) The estimated length of the public-private

transportation partnership agreement.

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(v) The social, economic and environmental impacts

of the PROPOSED transportation project.

(vi) If the proposed transportation project will

include a public-private transportation partnership

agreement, include the estimated amount and type of user

fees.

(VI) IF THE PROPOSED TRANSPORTATION PROJECT REQUIRES

A USER FEE, INCLUDE THE ESTIMATED AMOUNT FOR EACH USER

GROUP AND TYPE OF USER FEE AS DESCRIBED UNDER SECTION

9110(F) (RELATING TO PUBLIC-PRIVATE TRANSPORTATION

PARTNERSHIP AGREEMENT).

(vii) Applicable Federal and State laws.

(VIII) ALTERNATIVE COURSES OF ACTION TO IMPROVE THE

TRANSPORTATION FACILITY OR TRANSPORTATION-RELATED SERVICE

WITHOUT A PUBLIC-PRIVATE TRANSPORTATION PARTNERSHIP AND

THE ASSOCIATED RISKS OF IMPROVING THE TRANSPORTATION

FACILITY OR TRANSPORTATION-RELATED SERVICE WITH A PUBLIC-

PRIVATE TRANSPORTATION PARTNERSHIP.

(2.1) The department may conduct additional evaluations

prior to the development of the analysis.

(3) The department shall post a copy of the analysis on

the department's publicly accessible Internet website, submit

the analysis to the board and the chairperson and minority

chairperson of the Transportation Committee of the Senate and

the chairperson and minority chairperson of the

Transportation Committee of the House of Representatives and

transmit notice of the analysis to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin for 30

days prior to any action by the board.

(b.1) Public input.--The department shall collect comments

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(B.1) PUBLIC INPUT.--THE FOLLOWING SHALL APPLY:

(1) THE DEPARTMENT SHALL COLLECT COMMENTS from the

public on the proposed transportation project during a public

comment period which shall commence with the publication of

the notice in the Pennsylvania Bulletin of the analysis and

shall continue for a period of not less than 30 days. Prior

to any action by the board, the department shall post a copy

of the results ALL SUBMITTED COMMENTS AND A SUMMARY AS

PROVIDED UNDER PARAGRAPH (2) on the department's publicly

accessible Internet website and submit the results PROVIDE

THE SUBMITTED COMMENTS AND SUMMARY to the board and the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives.

(2) THE SUMMARY UNDER PARAGRAPH (1) SHALL INCLUDE A

DESCRIPTION OF THE PROPOSED TRANSPORTATION PROJECT, A COPY OF

THE NOTICE THAT WAS PUBLISHED IN THE PENNSYLVANIA BULLETIN,

THE TIME PERIOD THAT THE PUBLIC WAS ALLOWED TO PROVIDE INPUT,

AN OVERVIEW OF HOW THE DEPARTMENT EQUITABLY SOLICITED INPUT

FROM PERSONS AFFECTED BY THE PROPOSED TRANSPORTATION PROJECT

AND A CHART OR GRAPH THAT ACCURATELY PORTRAYS ALL SUBMITTED

COMMENTS, INCLUDING THE POSITIVE AND NEGATIVE PUBLIC INPUT,

ON THE PROPOSED TRANSPORTATION PROJECT.

(b.2) Evaluation and approval.--The following shall apply:

(1) After consideration of the analysis and public

input, if the board finds that the PROPOSED transportation

project is in the best interests of the Commonwealth, it may

approve the PROPOSED transportation project IN THE FORM OF A

RESOLUTION .

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(2) The board shall approve a proposed transportation

project by adopting a resolution with or without a user fee.

APPROVAL OF A PROPOSED TRANSPORTATION PROJECT WITH OR WITHOUT

A USER FEE SHALL BE IN THE FORM OF A RESOLUTION SIGNED BY THE

CHAIRPERSON OF THE BOARD. A copy of the resolution shall be

posted on the department's publicly accessible Internet

website and shall be transmitted by the department to the

following entities within 24 hours after approval:

(i) The chairperson and minority chairperson of the

Transportation Committee of the Senate and the

chairperson and minority chairperson of the

Transportation Committee of the House of Representatives.

(ii) The Legislative Reference Bureau for

publication in the Pennsylvania Bulletin.

(b.3) Transportation projects without user fee.--The

following shall apply for a transportation project without a

user fee :

(1) The General Assembly may pass a concurrent

resolution rescinding the approval of a transportation

project without a user fee if the transportation facility

which is the subject of the transportation project is owned

by the Commonwealth through the following procedure:

(i) Either chamber of the General Assembly may

initiate a concurrent resolution under this paragraph. If

the chamber of origin passes a concurrent resolution, the

chamber of reference must within 10 calendar days or five

legislative days, pass the concurrent resolution. The

passage of a concurrent resolution by a majority vote in

both chambers may not collectively exceed 20 calendar

days or 10 legislative days of the resolution being

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published in the Pennsylvania Bulletin, whichever is

longer.

(ii) If the period of 20 calendar days or 10

legislative days, whichever is longer, under subparagraph

(i) expires before a session of the General Assembly

adjourns sine die, the General Assembly shall have 20

calendar days or 10 legislative days, whichever is

longer, starting on the first day of succeeding session

of the General Assembly.

(2) If the General Assembly adopts the concurrent

resolution within the time period under paragraph (1),

proceeded by presentment to the Governor, the transportation

project without a user fee shall be deemed disapproved.

(3) If the General Assembly fails to adopt the

concurrent resolution within the time period under paragraph

(1), the transportation project without a user fee shall be

deemed approved and the public entity may proceed with the

public-private transportation partnership agreement.

(b.4) Transportation projects with user fee.--The following

shall apply for a transportation project with a user fee:

(1) If the approved transportation project includes a

user fee, the project shall be deemed disapproved unless the

General Assembly passes a concurrent resolution approving the

transportation project with a user fee.

(2) The General Assembly may pass a concurrent

resolution approving a transportation project with a user fee

if the transportation facility which is the subject of the

transportation project is owned by the Commonwealth through

the following procedure:

(i) Either chamber of the General Assembly may

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initiate a concurrent resolution under this paragraph. If

the chamber of origin passes a concurrent resolution, the

chamber of reference must within 45 calendar days or 10

legislative days, pass the concurrent resolution. The

passage of a concurrent resolution by a majority vote in

both chambers may not collectively exceed 90 calendar

days or 20 legislative days of the resolution being

published in the Pennsylvania Bulletin, whichever is

longer.

(ii) If the period of 90 calendar days or 20

legislative days, whichever is longer, under subparagraph

(i) expires before a session of the General Assembly

adjourns sine die, the General Assembly shall have 90

calendar days or 20 legislative days, whichever is

longer, starting on the first day of succeeding session

of the General Assembly.

(iii) If the General Assembly adopts the concurrent

resolution within the time period under paragraph (i) or

(ii), proceeded by presentment to the Governor, the

transportation project with a user fee shall be deemed

approved and the public entity may proceed with the

public-private transportation partnership agreement.

(iv) If the General Assembly fails to adopt the

concurrent resolution within the time period under

paragraph (i) or (ii), the transportation project with a

user fee shall remain disapproved.

(v) Nothing in this section shall be construed to

prevent a proposed transportation project with a user fee

that was disapproved under subparagraph (iv) from being

resubmitted to the board.

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(B.3) TRANSPORTATION PROJECTS WITH A USER FEE.--THE

FOLLOWING SHALL APPLY FOR A PROPOSED TRANSPORTATION PROJECT WITH

A USER FEE:

(1) NO LATER THAN FIVE CALENDAR DAYS AFTER THE

RESOLUTION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN, THE

DEPARTMENT SHALL TRANSMIT THE RESOLUTION TO THE GOVERNOR. THE

GOVERNOR SHALL HAVE 10 CALENDAR DAYS TO APPROVE OR DISAPPROVE

THE RESOLUTION. IF NO ACTION IS TAKEN ON THE RESOLUTION BY

THE GOVERNOR WITHIN 10 CALENDAR DAYS OF RECEIPT OF THE

RESOLUTION, THE RESOLUTION SHALL BE DEEMED APPROVED. IF THE

GOVERNOR APPROVES THE RESOLUTION OR FAILS TO ACT, THE

GOVERNOR SHALL, WITHIN 10 CALENDAR DAYS, TRANSMIT THE

RESOLUTION TO THE SECRETARY OF THE SENATE AND THE CHIEF CLERK

OF THE HOUSE OF REPRESENTATIVES FOR CONSIDERATION BY THE

GENERAL ASSEMBLY. IF THE GOVERNOR DISAPPROVES THE RESOLUTION,

THE OBJECTIONS OF THE GOVERNOR DISAPPROVING THE RESOLUTION

SHALL BE TRANSMITTED TO THE DEPARTMENT WITHIN 10 CALENDAR

DAYS.

(2) IF NO ACTION IS TAKEN ON THE RESOLUTION BY THE

GENERAL ASSEMBLY WITHIN 20 CALENDAR DAYS OR 10 LEGISLATIVE

DAYS, WHICHEVER IS LATER, OF RECEIPT OF THE RESOLUTION FROM

THE GOVERNOR BY BOTH THE SECRETARY OF THE SENATE AND THE

CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, FIVE MEMBERS OF

THE SENATE OR 25 MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY

PETITION THEIR RESPECTIVE PRESIDING OFFICER TO SCHEDULE A

VOTE ON THE RESOLUTION. THE VOTE SHALL BE SCHEDULED TO OCCUR

WITHIN 10 CALENDAR DAYS OR FIVE LEGISLATIVE DAYS, WHICHEVER

IS LATER, OF THE PRESENTATION OF THE PETITION. EACH CHAMBER

SHALL HAVE 20 CALENDAR DAYS OR 10 LEGISLATIVE DAYS, WHICHEVER

IS LATER, TO INDEPENDENTLY PASS THE RESOLUTION. THE

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RESOLUTION SHALL BE DISAPPROVED UNLESS BOTH CHAMBERS PASS THE

RESOLUTION WITHIN THE TIME PERIOD PROVIDED UNDER THIS

PARAGRAPH. IF THE GENERAL ASSEMBLY DISAPPROVES THE

RESOLUTION, THE OBJECTIONS OF THE GENERAL ASSEMBLY

DISAPPROVING THE RESOLUTION SHALL BE TRANSMITTED BY THE

PRESIDING OFFICER OF EACH CHAMBER TO THE DEPARTMENT WITHIN 10

CALENDAR DAYS. IF THE GENERAL ASSEMBLY APPROVES THE

RESOLUTION, THE PUBLIC ENTITY MAY PROCEED WITH THE PUBLIC-

PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT.

(3) IF THE GOVERNOR OR THE GENERAL ASSEMBLY DISAPPROVES

A RESOLUTION AS PROVIDED UNDER THIS SUBSECTION, THE

DEPARTMENT MAY, UPON RECEIVING APPROVAL FROM THE BOARD,

SUBMIT AN AMENDED RESOLUTION UNDER PARAGRAPH (1). THE

DEPARTMENT MAY ONLY SUBMIT ONE AMENDED RESOLUTION. IF THE

AMENDED RESOLUTION IS DISAPPROVED, THE APPROVAL PROCESS SHALL

START OVER AGAIN AS PROVIDED UNDER THIS CHAPTER.

(4) IF A TIME PERIOD UNDER PARAGRAPH (2) EXPIRES AFTER A

SESSION OF THE GENERAL ASSEMBLY ADJOURNS SINE DIE, THE

DEPARTMENT SHALL REINITIATE THE PROCESS UNDER PARAGRAPH (1)

STARTING ON THE FIRST DAY OF THE SUCCEEDING SESSION OF THE

GENERAL ASSEMBLY, EXCEPT THAT THE DEPARTMENT SHALL NOT BE

REQUIRED TO REPUBLISH THE RESOLUTION IN THE PENNSYLVANIA

BULLETIN.

(B.4) TRANSPORTATION PROJECTS WITHOUT A USER FEE.--THE

FOLLOWING SHALL APPLY FOR A PROPOSED TRANSPORTATION PROJECT

WITHOUT A USER FEE:

(1) NO LATER THAN FIVE CALENDAR DAYS AFTER THE

RESOLUTION IS PUBLISHED IN THE PENNSYLVANIA BULLETIN, THE

DEPARTMENT SHALL TRANSMIT THE RESOLUTION TO THE GOVERNOR. THE

GOVERNOR SHALL HAVE 10 CALENDAR DAYS TO APPROVE OR DISAPPROVE

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THE RESOLUTION. IF NO ACTION IS TAKEN ON THE RESOLUTION BY

THE GOVERNOR WITHIN 10 CALENDAR DAYS OF RECEIPT OF THE

RESOLUTION, THE RESOLUTION SHALL BE DEEMED APPROVED. IF THE

GOVERNOR APPROVES THE RESOLUTION OR FAILS TO ACT, THE

GOVERNOR SHALL, WITHIN 10 CALENDAR DAYS, TRANSMIT THE

RESOLUTION TO THE SECRETARY OF THE SENATE AND THE CHIEF CLERK

OF THE HOUSE OF REPRESENTATIVES FOR CONSIDERATION BY THE

GENERAL ASSEMBLY. IF THE GOVERNOR DISAPPROVES THE RESOLUTION,

THE OBJECTIONS OF THE GOVERNOR DISAPPROVING THE RESOLUTION

SHALL BE TRANSMITTED TO THE DEPARTMENT WITHIN 10 CALENDAR

DAYS.

(2) IF NO ACTION IS TAKEN ON THE RESOLUTION BY THE

GENERAL ASSEMBLY WITHIN 20 CALENDAR DAYS OR 10 LEGISLATIVE

DAYS, WHICHEVER IS LATER, OF RECEIPT OF THE RESOLUTION FROM

THE GOVERNOR BY BOTH THE SECRETARY OF THE SENATE AND THE

CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, FIVE MEMBERS OF

THE SENATE OR 25 MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY

PETITION THEIR RESPECTIVE PRESIDING OFFICER TO SCHEDULE A

VOTE ON THE RESOLUTION. THE VOTE SHALL BE SCHEDULED TO OCCUR

WITHIN 10 CALENDAR DAYS OR FIVE LEGISLATIVE DAYS, WHICHEVER

IS LATER, OF THE PRESENTATION OF THE PETITION. EACH CHAMBER

SHALL HAVE 20 CALENDAR DAYS OR 10 LEGISLATIVE DAYS, WHICHEVER

IS LATER, TO INDEPENDENTLY PASS THE RESOLUTION. THE

RESOLUTION SHALL BE DEEMED APPROVED UNLESS BOTH CHAMBERS VOTE

TO DISAPPROVE THE RESOLUTION IN THE TIME PERIOD UNDER THIS

PARAGRAPH. IF THE GENERAL ASSEMBLY DISAPPROVES THE

RESOLUTION, THE OBJECTIONS OF THE GENERAL ASSEMBLY

DISAPPROVING THE RESOLUTION SHALL BE TRANSMITTED BY THE

PRESIDING OFFICER OF EACH CHAMBER TO THE DEPARTMENT WITHIN 10

CALENDAR DAYS. IF THE GENERAL ASSEMBLY APPROVES THE

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RESOLUTION, THE PUBLIC ENTITY MAY PROCEED WITH THE PUBLIC-

PRIVATE TRANSPORTATION PARTNERSHIP AGREEMENT.

(3) IF THE GOVERNOR OR THE GENERAL ASSEMBLY DISAPPROVES

A RESOLUTION AS PROVIDED UNDER THIS SUBSECTION, THE

DEPARTMENT MAY, UPON RECEIVING APPROVAL FROM THE BOARD,

SUBMIT AN AMENDED RESOLUTION UNDER PARAGRAPH (1). THE

DEPARTMENT MAY ONLY SUBMIT ONE AMENDED RESOLUTION. IF THE

AMENDED RESOLUTION IS DISAPPROVED, THE APPROVAL PROCESS SHALL

START OVER AGAIN AS PROVIDED UNDER THIS CHAPTER.

(4) IF A TIME PERIOD UNDER PARAGRAPH (2) EXPIRES AFTER A

SESSION OF THE GENERAL ASSEMBLY ADJOURNS SINE DIE, THE

DEPARTMENT SHALL REINITIATE THE PROCESS UNDER PARAGRAPH (1)

STARTING ON THE FIRST DAY OF THE SUCCEEDING SESSION OF THE

GENERAL ASSEMBLY, EXCEPT THAT THE DEPARTMENT SHALL NOT BE

REQUIRED TO REPUBLISH THE RESOLUTION IN THE PENNSYLVANIA

BULLETIN.

* * *

Section 4. The amendment of 74 Pa.C.S. § 9105 shall apply to

resolutions considered after October 31, 2020, by the Public-

Private Transportation Partnership Board. Any resolution

considered after October 31, 2020, and prior to the effective

date of this section by the Public-Private Transportation

Partnership Board, including the resolution authorizing the

PennDOT Pathways Major Bridge P3 Initiative, shall be void and

must be reconsidered by the Public-Private Transportation

Partnership Board.

Section 5. This act shall take effect immediately.

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