PRINTER'S NO. 468
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
499
Session of
2023
INTRODUCED BY SMITH, MARCH 17, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 17, 2023
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions relating to area
government and intergovernmental cooperation, further
providing for definitions and providing for agreements with
community associations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 2302. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community association." A person or incorporated community
under 68 Pa.C.S. Pt. II Subpts. B (relating to condominiums), C
(relating to cooperatives) and D (relating to planned
communities) or a common interest community.
* * *
Section 2. Title 53 is amended by adding a section to read:
§ 2310.1. Agreements with community associations.
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(a) General rule.--A municipality may, by ordinance or
resolution, enter into a joint agreement with a community
association for the joint purchases of materials, supplies and
equipment or any other lawful purpose. The ordinance or
resolution shall require that the community association shall be
bound by the terms and conditions of purchasing agreements which
the local government prescribes and that the community
association be responsible for payment directly to the vendor
under each purchase contract. In the case of an agreement
authorizing joint purchases or contracts to provide for the
construction, repair or maintenance of public and private
streets, real property, stormwater facilities or utilities, all
of the following shall apply:
(1) Purchases under the agreement shall be exempt from
any existing statutory requirements governing competitive
bidding.
(2) Costs shall be reasonably apportioned between the
municipality and community association according to the
benefit provided.
(3) Only the portion of the project appropriated to the
municipality under the agreement shall constitute a public
work for the purposes of the act of August 15, 1961 (P.L.987,
No.442), known as the Pennsylvania Prevailing Wage Act.
(b) Ethical standards.--An elected or appointed municipal
official or municipal employee may not have an interest in a
contract or purchase under this section to the extent prohibited
in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial
disclosure).
Section 3. This act shall take effect in 60 days.
20230HB0499PN0468 - 2 -
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