74 Pa.C.S. Ch. 93

74 Pa.C.S. § 9301 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bridge capital budget act." The act of December 8, 1982 (P.L.848, No.235), known as the Highway-Railroad and Highway Bridge Capital Budget Act for 1982-1983. "Department." The Department of Transportation of the Commonwealth. "Determination." A decision by the department as to the eligibility, recommendation and inclusion in the program. "Local government." A county, city, borough, town or township. "Program." The Bridge Bundling Program.

74 Pa.C.S. § 9302 Bundling authorization.

Notwithstanding any other law, the department is authorized to bundle the design and construction of bridges owned by the Commonwealth or an instrumentality of the Commonwealth or a local government as provided under this chapter.

74 Pa.C.S. § 9303 Bridge Bundling Program.

(a) Establishment.--The Bridge Bundling Program is established within the department. (b) Purpose.--The purpose of the program is to save costs and time by allowing multiple bridges to be replaced or rehabilitated as one project for design and construction purposes. (c) Eligibility.--Bridges shall be eligible for the program if the bridges meet all of the following: (1) Are within geographical proximity to each other. (2) Are of similar size or design. (3) Inclusion in the program will further the purpose of the program. (d) Implementation.--The department shall implement the program as follows: (1) The department shall annually develop a preliminary list from different regions of this Commonwealth, on a rotating basis, of bridges meeting eligibility requirements. (2) The department shall notify local governments owning bridges recommended for inclusion in that year's program. (3) Following receipt of notification from the department, the governing body of a local government shall have 60 days to agree or refuse to participate in the program. Failure to respond in writing within 60 days shall be considered a refusal to participate in the program. (4) Based on the response from local governments under paragraph (3), the department shall make a determination of bridges to be designed and constructed under the program and provide a list of the bridges to the appropriate planning organizations. (4.1) A determination shall not be: (i) considered to be an adjudication 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); or (ii) appealable to the department or a court of law. (5) The following shall apply: (i) A local government that agrees to participate in the program for one or more of its bridges shall enter into an agreement with the department. The agreement shall define the department's responsibility for the design and construction of the bridges and the continuing ownership and maintenance responsibilities of the local government for the bridges replaced or rehabilitated under the program. (ii) The local government shall have 90 days following receipt of the agreement to execute and return the agreement to the department. (iii) Failure to return an agreement executed by authorized local government officials under subparagraph (ii) shall be deemed a refusal to participate in the program. (6) Upon full execution of an agreement under the program, the department shall manage the project design and construction in a manner consistent with the purpose of the program. (e) Itemization.--Notwithstanding any other law, bridges determined to be eligible and recommended for the program by the department shall not require specific itemization in a capital budget. Cross References. Section 9303 is referred to in section 9304 of this title.

74 Pa.C.S. § 9304 Special exceptions.

Notwithstanding section 2(c) of the bridge capital budget act: (1) A local government that participates in the program shall be eligible for a reduction of up to 100%, as determined by the Secretary of Transportation, of its share of local costs associated with the design and construction of the bridge determined to be eligible for the program by the secretary. (2) A local government that refuses to participate, or has been deemed to have refused to participate, in the program after receiving notification from the department under section 9303(d) (relating to Bridge Bundling Program) shall be responsible for 30% of the non-Federal share of the costs incurred with respect to the local government's bridges replaced or rehabilitated under programs other than the program established in this chapter.