PennDOT has released a draft manual of guidelines for implementation of public private partnerships for transportation projects under Act 88 of 2012. The law allows the state, as well as municipal governments, to enter into contracts for transportation projects that transfer the rights for use or control of transportation facilities to a public or private development entity. That entity is then entitled to all or a portion of the revenue generated from a transportation facility in return for providing the related service.

The draft manual addresses the organizational structure of the P3 Transportation Board and P3 Office within PennDOT and outlines their functions. It further defines an eligible transportation project as one that provides or improves a transportation facility that is totally or partially located in the Commonwealth, which could include an existing or new road, bridge, tunnel, overpass, ferry, busway, guideway, public transportation facility, vehicle parking facility, port facility, airport, station or terminal, among other projects.

The draft guidelines also discuss how projects will be identified, both from solicited and unsolicited sources, and outlines how a P3 transportation project proposal may be submitted by a private firm to the P3 Transportation Board, to the P3 Office, or directly to a public entity. In addition, the draft guidelines lay out what information will be required as part of a proposal and the screening process that would be used, specifically through the development and application of a best value analysis. This best value methodology would take into account technical and financial elements of a project considered for a P3 and compare it with a traditional project delivery approach. Finally, the draft guidelines walk through the procurement process of approved projects.

PennDOT's Office of Policy & Public Private Partnerships is accepting comments on the draft guidelines until November 21. A copy of the draft manual is available for review by going to www.dot.state.pa.us and clicking "P3 Information" on the right side of the page. The membership of the Public Private Partnership Transportation Board can also be found here.

The Governor has signed into law Senate Bill 1298, introduced by Sen. Lloyd Smucker (R-Lancaster), which makes changes to the Clean and Green Act to specifically allow composting as an eligible activity on land enrolled in the program.

The legislation, now Act 190 of 2012, defines compost as material resulting from the biological digestion of dead animals, animal waste or other biodegradable materials. Although a portion of the composted material could come from off the property, such as restaurant waste, at least half of the material composted must be from products commonly produced on farms. The act applies retroactively to any facility actively appealing a Clean and Green ruling relating to composting at the time of enactment, which is the case in Lancaster County.

The legislation was amended prior to final passage to include language regarding rollback taxes for property used for commercial sales of agriculturally related products. Under prior law, a landowner was permitted to use up to two acres of Clean and Green property for such purposes, with rollback taxes imposed on the land where the commercial sales took place. Act 190 prohibits rollback taxes from being imposed if the commercial sales take place on less than one-half of an acre, at least 50 percent of the products are produced on the tract of land, and no new utilities or buildings are required.

Gov. Corbett has signed HB 2407, introduced by Rep. Joe Hackett (R-Delaware), into law as Act 175 of 2012, providing the Department of Aging increased flexibility in their fingerprinting methods used for background checks of employees of long-term care facilities, including county nursing homes.

Under Act 175, the Department may electronically 

transmit applicants' fingerprints to the FBI and electronically receive criminal background history checks from the FBI. While the Department began using electronic fingerprinting in early June, eliminating the need for hard copies, Act 175 now allows the Department to also receive documents from the FBI electronically in return, instead of by hard copy. The change to paperless documents will reduce Department of Aging costs, and will streamline the process for long-term care facilities in making hiring and, as warranted, termination decisions.

Act 208 of 2012 authorizes the state Department of Agriculture to establish a program of testing and disclosure for automotive fuel content on a random, unannounced basis. Previously SB 341, introduced by Sen. Stewart Greenleaf (R-Montgomery), the new law also allows the Department to enter into agreements with county and city sealers of weights and measures to conduct octane testing under any program it develops, but there is no requirement for local governments to do so. If a county or city chooses to enter into such an agreement, any revenues generated from enforcement activities carried out by the local sealer are retained by the city or county. Act 208 takes effect in late November.