07/13/2022
Dear Members,
Good News!
Today, Governor Wolf signed Senate Bill 382 into law as Act 84 of 2022.
Senate Bill 382 (Langerholc-R) amends Title 74 (Transportation), in public-private transportation partnerships, for defs., for duties of board and for operation of board; and voiding prior initiatives of Board.
- Authorizes optional user fees, which shall only be imposed on new infrastructure and not apply to existing infrastructure. Essentially, the optional user fee would be for a new transportation project or service.
- Requires the P3 Board to unanimously pass a resolution with optional user fees.
- Reinstates the General Assembly’s review process originally passed under Act 88 of 2012.
- Provides technical corrections to the detailed analysis, which is required to be published 60 days prior to the P3 Board’s voting meeting.
- Requires PennDOT to transmit a resolution adopted by the P3 Board within 48 hours to the Senate and House Transportation Committee and the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
- Prohibits user fees as part of a P3 transportation project, unless the user fees are imposed only on individuals who select optional means to transit the transportation facility, such as managed toll lanes.
- Rescinds the resolution ratifying action of the Board on November 12, 2020. PennDOT may continue work and proceed with the transportation project including any contract issued under a P3 delivery model, however, no user fee shall be imposed unless PennDOT submits a new transportation project for approval under this act.
Compromise was reached with the Governor’s Office which fulfills the following goals of S.B. 382:
- Increases transparency by requiring PennDOT to publish a detailed analysis and requiring PennDOT to distribute a copy of the P3 Board’s resolution.
- Incorporates public comment by creating a new 30-day public comment period prior to the P3 Board’s voting meeting.
- Creates a checks-and-balance by reducing the scope of PennDOT’s power to optional user fees for new infrastructure and ensuring the General Assembly has more time to assess any transportation projects passed by the P3 Board.
- Rescinds the PennDOT Pathways Major Bridge P3 Initiative and limits the scope to the nine candidate bridges (instead of any major bridge in the State) without user fees.
- Saves taxpayer dollars by allowing PennDOT to preserve the preliminary designs and engineering plans for the nine candidate bridges.
Congratulations!
