(a) General rule.--An agreement between a local government and the Federal Government, the Commonwealth, any other state or government of another state under the provisions of this subchapter shall, prior to and as a condition precedent to enactment of an ordinance or resolution, be submitted to the Local Government Commission for review and recommendation. An agreement exclusively between a local government and an authority as defined in section 5602 (relating to definitions) shall not be subject to the requirements under this section.
(b) Commission review.--
(1) The commission shall, within 90 days of receipt of the agreement, provide to the local government or other party submitting the agreement an advisory written response of its review of, and any recommended changes to, the agreement with regard to form and compatibility with the laws of this Commonwealth.
(2) If an agreement has been submitted to the commission for review as required by this subsection, the failure of the commission to provide an advisory written response within 90 days of receipt of the agreement shall not bar or impede the effectiveness or implementation of the agreement.
(c) Exceptions.--This section shall not apply to the following contracts, agreements or transactions:
(1) Contracts or agreements between a local government and the Commonwealth that are of a routine nature or are performed on a periodic basis, such as those for public improvements or maintenance.
(2) State grants and loans that are administered by the Commonwealth pursuant to statute or regulation.
(3) Contracts or agreements for cooperative purchasing.
(4) Contracts, agreements or memoranda of understanding between the Commonwealth and a local government that are expressly authorized by statute or regulation and by which the Commonwealth delegates all or a portion of its enforcement duties or responsibilities to a local government.
(5) Contracts or agreements between the Commonwealth and a local government that are expressly authorized by statute or regulation and through which the local government provides a service on behalf of the Commonwealth.
(6) Contracts or agreements relating to the purchase, right to capacity, sale, exchange, interchange, wheeling, pooling, transmission or development of electric power and associated energy and related services.
(July 5, 2012, P.L.910, No.92, eff. 60 days; Nov. 7, 2019, P.L.613, No.80, eff. 60 days)
2019 Amendment. Act 80 amended subsec. (a).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 23 - General Provisions
Section 2301 - Scope of subchapter
Section 2303 - Intergovernmental cooperation authorized
Section 2304 - Intergovernmental cooperation
Section 2305 - Adoption of ordinance or resolution
Section 2306 - Initiative and referendum
Section 2307 - Content of ordinance or resolution
Section 2308 - Bids for certain joint purchases
Section 2309 - Direct purchases
Section 2310 - Joint purchases with private educational establishments
Section 2311 - Written or telephonic price quotations required
Section 2312 - Division of transactions provided
Section 2314 - Required review of specified agreements
Section 2315 - Effect of joint cooperation agreements
Section 2316 - Recognition by Commonwealth departments and agencies
Section 2317 - Agreements for fire protection services in cities of the second class
Section 2321 - Scope of subchapter
Section 2322 - Establishment of environmental advisory council
Section 2323 - Composition and organization of council
Section 2324 - Powers and duties of council
Section 2325 - Records and reports
Section 2326 - Appropriations for expenses of council
Section 2327 - Status of existing agencies unaffected
Section 2328 - Assistance from State Conservation Commission
Section 2329 - Assistance from Department of Community and Economic Development
Section 2341 - Short title and scope of subchapter
Section 2343 - Declaration of policy
Section 2344 - Establishment and organization of regional planning commission
Section 2345 - Finances, staff and program
Section 2346 - Commission to prepare master plan
Section 2347 - Cooperation between commission, municipalities and others