THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEIST, BOYD, J. EVANS, GINGRICH, KILLION, MARSICO, PETRI, SAYLOR AND WATSON, SEPTEMBER 16, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 16, 2010  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, providing for private maintenance of State

highways; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 91 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter heading

to read:

SUBCHAPTER A

GENERAL PROVISIONS

Section 2.  Section 9104 of Title 75 is amended to read:

§ 9104.  Standards and methodology for data collection.

The department shall initially determine the standards and

methodology for data collection and shall, [within ten days of

the effective date of this chapter] by June 28, 1980, publish

them in the Pennsylvania Bulletin as a basis for making such

determinations in subsequent years.

Section 3.  Chapter 91 of Title 75 is amended by adding a

subchapter to read:

SUBCHAPTER B

PRIVATE MAINTENANCE OF STATE HIGHWAYS

9107.  Existing highways.

9108.  Contracting for maintenance services.

9109.  Report.

§ 9107.  Existing highways.

The department shall have the power to solicit proposals to 

enter into contracts with private firms to operate and to make

capital improvements to existing State highways or portions 

thereof. A private firm entering into a contract with the 

department shall be responsible for the operation and 

maintenance of the State highway.

§ 9108.  Contracting for maintenance services.

(a)  General rule.--The department has the power to enter

into contracts with private firms for the maintenance of State

highways and for the maintenance of State highway vehicles. The

department may solicit proposals from private firms to perform

the maintenance work.

(b)  Cost comparison.--After receiving the proposals, the

department shall perform a cost comparison to determine whether

the maintenance work can be done by the department or another

State agency at less cost.

(c)  Pilot program.--The department shall solicit proposals

and enter into a contract or contracts to provide the

maintenance of an entire county maintenance district and a

minimum 50-mile section of interstate or limited access highway

for two years within six months of the effective date of this

subchapter. A department employee affected by a maintenance

contract shall be reassigned to another equal or superior

position.

§ 9109.  Report.

The department shall prepare an annual report on the

implementation of this subchapter. The report shall summarize 

progress on the pilot program, highway projects and the

feasibility of contracting for maintenance services. In

addition, the report shall contain recommendations for

additional legislation which may provide savings through 

contracting with private firms. Beginning January 2011 and each 

year thereafter, the report shall be submitted to the Governor,

the Transportation Committee of the Senate and the

Transportation Committee of the House of Representatives.

Section 4.  All acts and parts of acts are repealed insofar

as they are inconsistent with the addition of 75 Pa.C.S. Ch. 91

Subch. B.

Section 5.  This act shall take effect in 60 days.