THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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.

* * *

Section 2.  This act shall take effect in 60 days.