Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 91 - Public-Private Transportation Partnerships
Section 9105 - Operation of board

(a) Technical assistance.--The department shall supply all necessary assistance to assist the board in carrying out its duties and responsibilities, including retention of legal, financial and technical consultants to assist with this role.
(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 anticipated 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.
(v) The potential social, economic and environmental impacts of the proposed transportation project.
(vi) If the proposed transportation project proposes an optional 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 60 days prior to any action by the board.
(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 all submitted comments and a summary as provided under paragraph (2) on the department's publicly accessible Internet website and 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 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 comment, 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. For a proposed transportation project that may impose an optional user fee, unanimous approval of the board is required.
(2) Approval of a proposed transportation project, including a project with an optional 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 48 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.
(c) Oversight.--If a transportation project becomes a public-private transportation project, the department shall retain oversight and monitor the public-private transportation project, including periodic reports to the board, as necessary.
(July 11, 2022, P.L.1566, No.84, eff. imd.)

2022 Amendment. Act 84 amended subsec. (b) and added subsecs. (b.1) and (b.2).
Effective Date. Section 3(1) of Act 88 of 2012 provided that section 9105 shall take effect immediately.
Cross References. Section 9105 is referred to in sections 9104, 9109 of this title.