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§ 751.6. Powers and duties of authority

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Pennsylvania Infrastructure Investment Authority Act (Refs & Annos)
35 P.S. § 751.6
§ 751.6. Powers and duties of authority
Currentness
The authority shall have and may exercise all powers necessary or appropriate to carry out and effectuate the purposes of this act, including, but not limited to, the following:
(1) Conduct examinations and investigations and take testimony, under oath or affirmation, on any matter necessary to the determination and approval of project applications.
(2) Sue and be sued, implead and be impleaded, complain and defend in all courts.
(3) Adopt, use and alter at will a corporate seal.
(4) (i) Make bylaws for the management and regulation of its affairs, and make and, from time to time, adopt, amend and repeal rules and regulations governing the administrative procedures and business of the authority.
(ii) Notwithstanding subparagraph (i), and in order to facilitate the speedy implementation of this program, the board shall have the power and authority to promulgate, adopt and use guidelines which shall be published in the Pennsylvania Bulletin. The guidelines shall be subject to review pursuant to section 204(b) of the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act,1 and shall not be subject to review pursuant to the act of June 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review Act,2 and shall be effective for a period not to exceed one year from the effective date of this act.
(iii) After the expiration of the one-year period, all guidelines shall expire and shall be replaced by regulations which shall have been promulgated, adopted and published as provided by law.
(iv) Notwithstanding subparagraph (i) and in order to facilitate the speedy implementation of the Storm Water Control Program, the board shall have the power and authority to promulgate, adopt and use guidelines which shall be published in the Pennsylvania Bulletin. The guidelines shall be subject to review pursuant to section 204(b) of the Commonwealth Attorneys Act and shall not be subject to review pursuant to the Regulatory Review Act and shall be effective for a period not to exceed two years from the effective date of this amendatory act.
(v) After expiration of the two-year period, all guidelines relating to the Storm Water Control Program shall expire and shall be replaced by regulations which shall have been promulgated, adopted and published as provided by law.
(5) Make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business.
(6) Accept grants from and enter into contracts or other transactions with any Federal, State or local agency.
(7) Take title by foreclosure or otherwise to any project or other property pledged, mortgaged, encumbered or otherwise available as security for a project financed in whole or in part by the board, whether by loan, loan guarantee or otherwise, where such acquisition is necessary to protect the interests of the board with respect to a project; pay all costs arising out of such acquisition from moneys held in the trust fund; and sell, transfer and convey all or any portion of any such project to any responsible buyer. The board may require a dedicated source of revenue to be available for repayment of any loan.
(8) Provide financial assistance, including, but not limited to, loans, loan guarantees, bond guarantees and grants for projects fulfilling the purposes of this act.
(9) Collect fees and charges relating to projects funded under this act, as the board determines to be reasonable, relating to activities undertaken in furtherance of the purposes of this act.
(10) Borrow money and issue bonds and provide for the right of holders thereof in accordance with the provisions of this act.
(11) Pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the authority as security for all or any of the bonds of the authority.
(12) Receive appropriations and apply for and accept grants, gifts, donations, bequests and settlements from any public or private source.
(13) Acquire, own, hold, construct, improve, rehabilitate, renovate, operate, maintain, sell, assign, exchange, lease, mortgage or otherwise dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties under this act.
(14) Procure insurance against any loss in connection with its property and other assets and operations in any amounts and from any insurers as it deems desirable.
(15) Contract for the services of attorneys, accountants and financial experts and any other advisors, consultants and agents as may be necessary in its judgment, subject to the requirement that the chairman shall ensure that minority-owned or minority-controlled firms shall have an opportunity to participate to a significant degree in the provision of any contractual services purchased by the authority.
(16) Subject to any agreement with holders of its bonds, notes or other obligations, purchase bonds, notes and other obligations of the authority.
(17) Subject to any agreement with holders of its bonds, notes or other obligations, obtain as security for payment of all or any part of the principal of and interest and premium on the bonds, notes and other obligations of the authority, lines of credit and letters of credit in any amounts and upon any terms as the authority may determine, and pay any fees and expenses required in connection therewith.
(18) Do any act necessary or convenient to the exercise of the powers enumerated in this section or reasonably implied therefrom.
(19) Serve as the Water Facilities Loan Board to satisfy any outstanding bond obligation and loan liabilities.
(20) Assume all the rights, powers, duties, obligations and liabilities of the Water Facilities Loan Board.
(21) Repay the General Fund any or all debt service due to be paid in any fiscal year from bonds used to fund projects under this act.
(22) Prepare plans and reports and provide for public participation as deemed appropriate.
(23) Fund prefeasibility studies from any of its sources of revenue.

Credits

1988, March 1, P.L. 82, No. 16, § 6, imd. effective. Amended 1992, Dec. 16, P.L. 1137, No. 149, § 4, effective in 60 days.

Footnotes

1
71 P.S. § 732-205.
2
71 P.S. § 745.1 et seq.
35 P.S. § 751.6, PA ST 35 P.S. § 751.6
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document