Bill Text: PA HB572 | 2011-2012 | Regular Session | Introduced

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Bill Title: In general powers and duties, further providing for sale of real estate and grants of rights of way or other rights over or in real estate.

Spectrum: Slight Partisan Bill (Republican 19-8)

Status: (Introduced - Dead) 2011-02-09 - Referred to STATE GOVERNMENT [HB572 Detail]

Download: Pennsylvania-2011-HB572-Introduced.html

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PRINTER'S NO. 549
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 572 Session of2011
INTRODUCED BY BENNINGHOFF, BOYD, CALTAGIRONE, D. COSTA, CUTLER, DENLINGER, GABLER, GINGRICH, GODSHALL, HEFFLEY, HENNESSEY, HORNAMAN, JOSEPHS, MILLER, MOUL, MURPHY, MURT, D. O'BRIEN, RAPP, READSHAW, ROAE, SAYLOR, VULAKOVICH, WAGNER, WATSON, GILLEN AND LONGIETTI, FEBRUARY 9, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 9, 2011
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in general powers and
duties, further providing for sale of real estate and grants
of rights of way or other rights over or in real estate.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 514(a) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
amended December 3, 1970 (P.L.834, No.275), is amended to read:
Section 514. Sale of Real Estate and Grants of Rights of Way
or Other Rights Over or in Real Estate; Tapping Water Lines of
Institutions and Sanatoria.--(a) (1) Except as otherwise in
this act expressly provided, a department, board, or commission,
shall not sell or exchange any real estate belonging to the
Commonwealth, or grant any easement, right of way, or other
interest over or in such real estate, without specific authority
from the General Assembly so to do, [but a] provided that, prior
to enactment by the General Assembly of any legislation
authorizing the sale or exchange of real estate owned by the
Commonwealth, the Department of General Services shall declare
in writing that the real estate has been deemed surplus to the
needs of the Commonwealth. This written declaration shall be
transmitted to the chairman and minority chairman of the State
Government Committee of the Senate, the chairman and minority
chairman of the State Government Committee of the House of
Representatives or their successor committees.
(2) When real estate belonging to the Commonwealth has been
deemed surplus and either has an estimated value of $50,000 or
more or consists of ten or more acres, the Department of General
Services shall:
(i) Hold a public hearing in the political subdivision in
which the real estate is located for the purpose of discussion
and comment regarding the sale of and potential future use of
the real estate. The public hearing shall be held no more than
thirty (30) days after the real estate is deemed surplus under
Article XXIV-A or by written declaration by the Department of
General Services under paragraph (1).
(ii) Obtain two appraisals of the real estate, from two
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independent appraisers, which include the real estate's fair
market value and identify any known or suspected environmental
conditions on the real estate.
(3) A department, board, or commission may, with the
approval of the Governor, grant a license to any public service
corporation to place upon, in, or over, any dry or submerged
land or bridge of or maintained by the Commonwealth, any public
service line, if such line will enable any State building or
State institution to receive better service, or if such line is
necessary for the service of the public and it is necessary or
reasonably required to cross the Commonwealth's land to afford
such service or if the running of such line over a bridge will
be more economical than the erection of a separate bridge for
the line. Every such license shall be revocable for reasonable
cause upon six months' written notice by the Commonwealth, and
also after like notice for violation of such proper terms and
conditions as the department, board, or commission, with the
approval of the Governor, shall prescribe when the license
issues. Unless any such line is primarily for the benefit of a
State building or State institution, the license shall provide
for the payment to the Commonwealth of compensation for the use
of its property in such amount as the department, board, or
commission granting it shall, with the approval of the Governor,
prescribe.
(4) But nothing herein contained shall authorize the
Commonwealth to impose and collect from any municipality or
township any compensation for a license granted to such
municipality or township for the running of a public service
line over any such bridge.
(5) This section shall be deemed the exclusive system for
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the granting of licenses, consents and permits to place public
service lines upon, in or over any dry or submerged lands of the
Commonwealth. In the case of submerged lands such licenses shall
be granted only by the Department of Environmental Resources,
and the permit shall prescribe such terms and conditions as
shall be deemed necessary by the board to protect the interests
of the public. In the case of dry lands, licenses shall be
issued by the department, board or commission having the
management of such lands.
(6) Consideration for the sale or exchange of real estate
owned by the Commonwealth shall be no less than the costs
incurred by the department, board or commission in complying
with this section.
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Section 2. This act shall take effect in 60 days.
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