Amendment vs bill Senate Amendment A07384 vs Printer's No. 4608

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SENATE AMENDED PRIOR PRINTER'S NOS.
H2065B3663A07384 NAD:NLG 09/29/20 #90 A07384 AMENDMENTS TO HOUSE BILL NO.
3452, 3663, 4541 PRINTER'S NO.
2065 Sponsor:
4608 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
SENATOR K.
2065 2020 INTECKER, MIZGORSKI, HENNESSEY, SCHLEGEL CULVER, ZIMMERMAN,ZZI, POLINCHOCK AND TOMLINSON, MARCH 13, 2020 SENAMENDED, NOVEMBER 16, 2020S, IN SENATE, RE-REPORTED AS 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.
WARD Printer's No.
AMENDING TITLE 74 (TRANSPORTATION) OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES, IN PUBLIC-PRIVATE TRANSPORTATION OF BOARD, FOR REQUESTS AND FOR SOVEREIGN IMMUNITY.OR DUTIES The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
3663 Amend Bill, page 1, lines 1 through 4, by striking out all of said lines and inserting Amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in public-private transportation partnerships, further providing for definitions, for duties of board and for sovereign immunity.
Section 1.
Amend Bill, page 1, lines 7 through 18;
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:
page 2, lines 1 through 30;
page 3, lines 1 through 23;
by striking out all of said lines on said pages and inserting 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:
* * * "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.
§ 103 (relating to definitions), a municipality, a municipal authority or an authority created by statute which owns a transportation facility.
§ 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.
"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:
"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 2020/90NAD/HB2065A07384 - 1 - 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]:
(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.
(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[.] or support the advancement of alternative fuel vehicles or highly automated vehicles authorized under 75 Pa.C.S.
(relating to vehicles).
(8) Truck parking.
(8) Driver and vehicle services.
(9) Weigh station bypassing.
* * * "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.
(10) Electronic toll payment.
The term includes any improvements or substantial enhancements or modifications to an existing transportation facility or transportation-related service.
(11) Snow and ice removal for commercial vehicles.
* * * "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.
20200HB2065PN4608 - 2 - * * * Section 2.
§7301 (c) (relating to general authority of Governor).
Section 9104(a)(5) of Title 74 is amended to read:
Section 2.
Sections 9104(a)(5), 9108 and 9117 are amended to read:
* * * (5) Submit an annual report to the General Assembly [detailing all transportation projects evaluated and resolutions adopted.], including, but not limited to, 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.
2020/90NAD/HB2065A07384 - 2 - (i) A description of all transportation projects evaluated and resolutions adopted.
* * * 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 20200HB2065PN4608 - 3 - 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.
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(5) CONSTRUCTION.
(6) DEVELOPMENT AND OTHER ACTIVITIES WITH RESPECT TO 20200HB2065PN4608 - 4 - 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 20200HB2065PN4608 - 5 - 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.
REQUESTS.
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.
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:
The methods may include:
(1) PREDEVELOPMENT AGREEMENTS LEADING TO OTHER IMPLEMENTING AGREEMENTS.
(1) Predevelopment agreements leading to other implementing agreements.
20200HB2065PN4608 - 6 - (2) A DESIGN-BUILD AGREEMENT.
(2) A design-build agreement.
(3) A DESIGN-BUILD-OPERATE AGREEMENT.
(3) A design-build-operate agreement.
(4) A DESIGN-BUILD-MAINTAIN AGREEMENT.
(4) A design-build-maintain agreement.
(5) A DESIGN-BUILD-FINANCE-OPERATE AGREEMENT.
(5) A design-build-finance-operate agreement.
(6) A DESIGN-BUILD-OPERATE-MAINTAIN AGREEMENT.
(6) A design-build-operate-maintain agreement.
(7) A DESIGN-BUILD-FINANCE-OPERATE-MAINTAIN AGREEMENT.
(7) A design-build-finance-operate-maintain agreement.
(8) AN 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.
(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.
(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.
SOVEREIGN IMMUNITY.
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).
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 20200HB2065PN4608 - 7 - 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.
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 authority and its officials and employees shall be brought only 2020/90NAD/HB2065A07384 - 3 - 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.
Ch.
85 (RELATING TO MATTERS AFFECTING GOVERNMENT UNITS), 62 PA.C.S.
85 (relating to matters affecting government units), 62 Pa.C.S.
CH.
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.
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.
Section 4.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
This act shall take effect in 60 days.
20200HB2065PN4608 - 8 -
2020/90NAD/HB2065A07384 - 4 -