THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHEATLEY, CALTAGIRONE, HORNAMAN, PARKER AND PAYTON, DECEMBER 19, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011  

AN ACT

Amending the act of August 7, 1936 (1st Sp.Sess., P.L.106, No.

46), entitled, as reenacted and amended, "An act relating to

flood control; prescribing the powers and duties of the Water

and Power Resources Board of the Department of Forests and

Waters in relation to the creation of flood control

districts, adoption of plans for flood control works and

improvements, carrying into effect of such plans, assistance,

aid and cooperation with public and private agencies and the

Federal Government in Federal flood control works and

improvements, and entering into compacts and agreements with

other states for flood control works and improvements;

conferring the power of eminent domain; providing for the

setting off of benefits; imposing certain charges upon the

Commonwealth; providing for appeals; and conferring certain

powers on municipalities, counties, and townships, and the

Department of Highways," providing for contracts to promote

participation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of August 7, 1936 (1st Sp.Sess., P.L.106,

No.46), referred to as the Flood Control Law, reenacted and

amended March 10, 1937 (P.L.43, No.18), is amended by adding a

section to read:

Section 10.2.  Contracts to Promote Participation.--(a)  The

board shall develop, adopt and implement binding policies or

guidelines to ensure that all persons are accorded equal

opportunity in contracting and subcontracting associated with

every contract for the construction, reconstruction, alteration,

repair, improvement or maintenance of public works authorized

under this act.

(b)  Every contract for or on behalf of the board for the

construction, reconstruction, alteration, repair, improvement or

maintenance of public works authorized under this act shall

contain provisions by which the contractor agrees to promote,

increase and sustain contracting and subcontracting

opportunities for disadvantaged businesses.

(c)  This section shall apply to:

(1)  Any contract for or on behalf of the board which is

subject to advertisement and competitive bidding.

(2)  All board contractors, subcontractors, assignees,

lessees, agents, vendors and suppliers.

(3)  Any disadvantaged business.

(d)  The board may use the lists of certified minority-owned,

women-owned and veteran-owned business enterprises which have

been certified under the Department of General Services'

disadvantaged business program to compete for and participate in

the board's contracting process. The Department of General

Services shall cooperate with and assist the board in carrying

out the requirements of this subsection.

(e)  For the purpose of this section, the following words and

phrases shall have the meaning given to them in this subsection

unless the context clearly indicates otherwise:

"Disadvantaged business."  A small business which is owned or

controlled by a majority of persons, not limited to members of

minority groups, who:

(1)  have been deprived of the opportunity to develop and

maintain a competitive position in the economy because of social

disadvantages; or

(2)  are veterans, including service-disabled veterans.

"Service-disabled veteran."  A veteran who possesses either

an adjudication letter from the Department of Veterans Affairs

establishing a service-connected disability rating or a

disability determination from the Department of Defense.

"Small business."  The term shall have the meaning given to

it in 62 Pa.C.S. § 2102 (relating to definitions).

"Veteran."  An individual who:

(1)  served in the active United States military in any of

the four current branches and all previous branches, including a

reserve component or the National Guard;

(2)  was released or discharged from active military service

under conditions other than dishonorable; and

(3)  possesses a certificate of release or discharge from

active duty.

Section 2.  This act shall take effect in 60 days.