2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 161 - PORT OF PITTSBURGH COMMISSION ACT - DEFINITIONS, COMMISSION AND GOVERNING BODY AND EDITORIAL CHANGES

Session of 2022

No. 2022-161

SB 1199

AN ACT

Amending the act of December 14, 1992 (P.L.818, No.133), entitled "An act establishing the Port of Pittsburgh Commission; providing for its powers and duties; and making a repeal," further providing for definitions and for commission and governing body; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  The definition of "port district" in section 2 of the act of December 14, 1992 (P.L.818, No.133), known as the Port of Pittsburgh Commission Act, is amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Port district."  The combined geographical territory of the Counties of Allegheny, Armstrong, Beaver, Blair, Butler, Cambria, Clarion, Fayette, Greene, Indiana, Lawrence, Washington and Westmoreland.

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Section 2.  Section 3(b)(2) and (d) of the act are amended and subsection (b) is amended by adding paragraphs to read:

Section 3.  Commission and governing body.

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(b)  Governing body.--

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[(2)  The governing body shall be composed of 15 members who shall be appointed in the following manner and who shall be residents of this Commonwealth and serve at the pleasure of their respective appointing authority:

(i)  One member shall be appointed by the President pro tempore of the Senate for a term concurrent with the term of such appointing authority.

(ii)  One member shall be appointed by the Minority Leader of the Senate for a term concurrent with the term of such appointing authority.

(iii)  One member shall be appointed by the Speaker of the House of Representatives for a term concurrent with the term of such appointing authority.

(iv)  One member shall be appointed by the Minority Leader of the House of Representatives for a term concurrent with the term of such appointing authority.

(v)  Four members initially appointed by the Governor for terms of one, two, three and four years, respectively, provided that their respective successors shall each be appointed for a term of four years. The initial term of each member shall be designated by the Governor at the time of appointment.

(vi)  Seven members appointed by the Governor for a term of four years, provided that one member shall be appointed from each list of at least three nominees submitted to the Governor respectively by the Waterways Association of Pittsburgh, the River Terminal Operator's Association, the Association for the Development of Inland Navigation in America's Ohio Valley and the county commissioners jointly of those counties within the port district which are not members of the Southwestern Pennsylvania Regional Planning Commission; and three members shall be appointed from a list of at least five nominees submitted to the Governor by the Southwestern Pennsylvania Regional Planning Commission. Each list shall be submitted to the Governor within 30 days of the effective date of this act, and the Governor shall select a member from each list within 30 days of receipt of each list or else may request one substitute list of nominees from any entity who prepares a list. If each entity permitted to submit a list fails to submit a list of nominees within 30 days of the effective date of this act or fails to submit a substitute list within 30 days of receipt of a request to do so, the Governor may appoint at his discretion such member or members for which a list of nominees was not submitted. Whenever a vacancy occurs prior to the completion of the term of office of a member appointed pursuant to this paragraph, the entity which prepared the list for the board member whose seat has become vacant shall submit a list of nominees to replace that member to the Governor who shall select a person to fill the vacancy in the manner provided for in this paragraph for the selection of original appointments.]

(2.1)  The governing body shall be composed of the following members, who must be individuals 18 years of age or older and residents of this Commonwealth, who shall serve at the pleasure of the respective appointing authority, and who shall be appointed in the following manner:

(i)  Four members appointed by the Governor for a term of four years.

(ii)  Three members appointed by the Governor from a list of at least five nominees submitted to the Governor by the Southwestern Pennsylvania Regional Planning Commission for a term of two years and until reappointed or a successor is appointed.

(iii)  One member appointed by the Governor from a list of at least three nominees submitted to the Governor by the Port of Pittsburgh Commission board for a term of two years and until reappointed or a successor is appointed.

(iv)  One member appointed by the President pro tempore of the Senate for a term concurrent with the term of the appointing authority.

(v)  One member appointed by the Speaker of the House of Representatives for a term concurrent with the term of the appointing authority.

(vi)  One member appointed by the Minority Leader of the Senate for a term concurrent with the term of the appointing authority.

(vii)  One member appointed by the Minority Leader of the House of Representatives for a term concurrent with the term of the appointing authority.

(viii)  One member nominated by the Port of Pittsburgh Executive Committee and appointed by the Port of Pittsburgh Commission board for a term of two years and until reappointed or a successor is appointed.

(2.2)  If each entity permitted to submit a list under paragraph (2.1) fails to submit a list of nominees within 30 days of the effective date of this paragraph or fails to submit a substitute list within 30 days of receipt of a request to do so, the Governor may appoint the member or members for which a list of nominees was not submitted. Whenever a vacancy occurs prior to the completion of the term of office of a member appointed under this paragraph, the entity which prepared the list for the board member whose seat has become vacant shall submit a list of nominees to replace that member to the Governor, and the Governor shall select a person to fill the vacancy in the manner provided for in this paragraph for the selection of original appointments.

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(d)  Public meetings and records.--The commission shall be subject to the act of [June 21, 1957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and [the act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act] 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 3.  Section 13(b) of the act is amended to read:

Section 13.  Interest of officers and employees.

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(b)  Restricted activities and financial interests.--The provisions of the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and [the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law] 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure), are hereby made specifically applicable to members and officers and employees of the commission. For the purposes of application of such acts, employees of the commission shall be regarded as public employees of the Commonwealth, and members and officers of the commission shall be regarded as public officials of the Commonwealth, whether or not they receive compensation.

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Section 4.  This act shall take effect in 60 days.

APPROVED--The 3rd day of November, A.D. 2022.

TOM WOLF