(a) General rule.--Except as provided under subsection (b), all provisions of laws related to the development, construction, operation or financing of a transportation project in effect on the date the public-private transportation partnership agreement is fully executed shall apply to a public-private transportation partnership agreement entered into between a proprietary public entity and a development entity. The provisions shall include:
(1) The act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act; however, the development entity selected under section 9109 (relating to selection of development entities) shall be the person whose duty it is to receive separate bids and award and enter into separate contracts for each of the subject branches of work required for the erection, construction and alteration of a public building under a public-private transportation partnership agreement.
(2) The act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.
(b) Limitation.--The following apply:
(1) If the public entity or the proprietary public entity is a Commonwealth agency, 62 Pa.C.S (relating to procurement) shall apply only to the extent provided under paragraph (2).
(2) The following shall apply if the public entity or the proprietary public entity is a Commonwealth agency:
(i) Section 107 (relating to reciprocal limitations).
(ii) Section 531 (relating to debarment or suspension).
(iii) Section 541 (relating to approval of accounting system).
(iv) Section 551 (relating to right to inspect plant).
(v) Section 552 (relating to right to audit records).
(vi) Section 563 (relating to retention of procurement records).
(vii) Chapter 17 (relating to legal and contractual remedies).
(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)
2013 Amendment. Act 89 amended subsec. (a)(1). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 91 - Public-Private Transportation Partnerships
Section 9101 - Scope of chapter
Section 9103 - Public-Private Transportation Partnership Board
Section 9104 - Duties of board
Section 9105 - Operation of board
Section 9106 - Solicitations for transportation projects
Section 9107 - Transportation projects
Section 9109 - Selection of development entities
Section 9110 - Public-private transportation partnership agreement
Section 9111 - Records of requests
Section 9112 - Use of intellectual property
Section 9113 - Police powers and violations of law
Section 9114 - Environmental and other authorizations
Section 9115 - Taxation of development entity
Section 9115.1 - Prohibition on mandatory user fees
Section 9116 - Power of eminent domain
Section 9117 - Sovereign immunity
Section 9118 - Specific performance
Section 9119 - Applicability of other laws
Section 9120 - Adverse interests
Section 9121 - Federal, State, local and private assistance
Section 9122 - Public-Private Transportation Account