§ 9104. Duties of board.

407 words·~2 min read·/pa/title-74/chapter-91/9104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Duties.-- The board shall do all of the following:

(1)Meet as often as necessary but at least annually.

(2)Adopt guidelines establishing the procedure by which a public entity may submit a request for a proposed transportation project or a private entity may submit an unsolicited plan for a proposed transportation project to the board.

(3)Consult with persons affected by proposed transportation projects.

(4)Evaluate and, where the board finds that the requests or plans for proposed transportation projects are in the best interests of the Commonwealth and a public entity, approve the requests or plans for proposed transportation projects. No proposed transportation project that provides for optional user fees may be approved by the board unless the board members approve such a project unanimously. The board shall approve a proposed transportation project by adopting a resolution.

(5)Submit an annual report to the General Assembly detailing all transportation projects evaluated and resolutions adopted.

(b)Actions.-- Actions by the board are a determination of public policy and public interest and shall not be considered adjudications under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action) and shall not be appealable to the department or a court of law.

(c)General Assembly.-- The following shall apply:

(1)Upon receipt of the resolution from the board under section 9105(b.2), the General Assembly may, within 20 calendar days or nine legislative days, whichever is longer, pass a concurrent resolution rescinding the approval of a transportation project if the transportation facility which is the subject of the transportation project is owned by the Commonwealth.

(2)If the General Assembly adopts the concurrent resolution within the time period under paragraph

(1)by majority vote in both the Senate and the House of Representatives, the transportation project shall be deemed disapproved.

(3)If the General Assembly fails to adopt the concurrent resolution by majority vote in both the Senate and the House of Representatives within the time period under paragraph (1), the transportation project shall be deemed approved.

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(July 11, 2022, P.L.1566, No.84, eff. imd.)

2022 Amendment. Act 84 amended subsecs. (a)(2) and

(4)and (c)(1).

Effective Date. Section 3(1) of Act 88 of 2012 provided that section 9104 shall take effect immediately.

Cross References. Section 9104 is referred to in section 9109 of this title.

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