An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in public-private transportation partnerships, further providing for definitions, for operation of board and for sovereign immunity.

PRIOR PRINTER'S NO. 3302 PRINTER'S NO. 3332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2469
Session of
2026
INTRODUCED BY POWELL, VENKAT, RIVERA, SHUSTERMAN, SANCHEZ,
DONAHUE, INGLIS, HILL-EVANS, BELLMON, PASHINSKI, STEELE,
ABNEY, D. WILLIAMS, DEASY, ZIMMERMAN, HOHENSTEIN AND SHAFFER,
APRIL 28, 2026
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 2026
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, in public-private transportation
partnerships, further providing for definitions, FOR
OPERATION OF BOARD and for sovereign immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "private entity" and "public
entity" in section 9102 of Title 74 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 9102. 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:
* * *
"Private entity." A person, entity, group or organization
that is not the Federal Government, the Commonwealth, a county,
a city of the first class, a city of the second class or a
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municipal authority.
* * *
"Public entity." A Commonwealth agency as defined in 62
Pa.C.S. § 103 (relating to definitions), a county, a city of the
first class, a city of the second class, a municipal authority
or an authority created by statute which owns a transportation
facility. The term does not include the General Assembly and its
members, officers or agencies or any court or other office or
agency of the Pennsylvania judicial system.
* * *
Section 2. Section 9117 of Title 74 is amended to read:
SECTION 2. SECTIONS 9105(B)(1), (2.1) AND (3) AND (B.1)(1)
AND 9117 OF TITLE 74 ARE AMENDED TO READ:
§ 9105. OPERATION OF BOARD.
* * *
(B) ANALYSIS.--THE FOLLOWING SHALL APPLY:
(1) THE [DEPARTMENT] PUBLIC ENTITY SHALL DEVELOP A
DETAILED ANALYSIS OF A REQUEST OR RECOMMENDATION FOR A
PROPOSED TRANSPORTATION PROJECT PRIOR TO REQUESTING APPROVAL
BY THE BOARD.
* * *
(2.1) THE [DEPARTMENT] PUBLIC ENTITY MAY CONDUCT
ADDITIONAL EVALUATIONS PRIOR TO THE DEVELOPMENT OF THE
ANALYSIS.
(3) THE [DEPARTMENT] PUBLIC ENTITY SHALL POST A COPY OF
THE ANALYSIS ON THE [DEPARTMENT'S] PUBLIC ENTITY'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE, SUBMIT THE ANALYSIS TO THE BOARD
AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF
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THE HOUSE OF REPRESENTATIVES AND TRANSMIT NOTICE OF THE
ANALYSIS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION
IN THE PENNSYLVANIA BULLETIN FOR 60 DAYS PRIOR TO ANY ACTION
BY THE BOARD.
(B.1) PUBLIC INPUT.--THE FOLLOWING SHALL APPLY:
(1) THE [DEPARTMENT] PUBLIC ENTITY SHALL COLLECT
COMMENTS FROM THE PUBLIC ON THE PROPOSED TRANSPORTATION
PROJECT DURING A PUBLIC COMMENT PERIOD WHICH SHALL COMMENCE
WITH THE PUBLICATION OF THE NOTICE IN THE PENNSYLVANIA
BULLETIN OF THE ANALYSIS AND SHALL CONTINUE FOR A PERIOD OF
NOT LESS THAN 30 DAYS. PRIOR TO ANY ACTION BY THE BOARD, THE
[DEPARTMENT] PUBLIC ENTITY SHALL POST A COPY OF ALL SUBMITTED
COMMENTS AND A SUMMARY AS PROVIDED UNDER PARAGRAPH (2) ON THE
[DEPARTMENT'S] PUBLIC ENTITY'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE AND PROVIDE THE SUBMITTED COMMENTS AND SUMMARY TO THE
BOARD AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRPERSON
AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF
THE HOUSE OF REPRESENTATIVES.
* * *
§ 9117. Sovereign immunity.
(a) Immunity generally.--Under section 11 of Article I of
the Constitution of Pennsylvania, it is declared to be the
intent of the General Assembly that [the Commonwealth, and its
officials and employees, and a municipal authority, and its
officials and employees, acting within the scope of their
duties,] the following shall continue to enjoy sovereign
immunity and official immunity and remain immune from suit
except as provided in section 9118 (relating to specific
performance)[.]:
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(1) The Commonwealth and its officials and employees ,
ACTING WITHIN THE SCOPE OF THEIR DUTIES .
(2) A municipal authority and its officials and
employees , ACTING WITHIN THE SCOPE OF THEIR DUTIES .
(3) A county and its officials and employees , ACTING
WITHIN THE SCOPE OF THEIR DUTIES .
(4) A city of the first class and its officials and
employees , ACTING WITHIN THE SCOPE OF THEIR DUTIES .
(5) A city of the second class and its officials and
employees , ACTING WITHIN THE SCOPE OF THEIR DUTIES .
(b) Claims.--A claim against [the Commonwealth and its
officials and employees or municipal authority and its officials
and employees] any governmental entity or individual listed
under subsection (a) shall be brought only in such manner and in
such courts and in such cases as directed by the provision of
section 9110(e) (relating to public-private transportation
partnership agreement), 42 Pa.C.S. Ch. 85 (relating to matters
affecting government units), 62 Pa.C.S. Ch. 17 (relating to
legal and contractual remedies) or any procurement law
applicable to a county, a city of the first class, a city of the
second class or a municipal authority.
Section 3. This act shall take effect in 60 days.
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