H0106B2654A04465 MSP:JSL 11/15/13 #90 A04465
AMENDMENTS TO HOUSE BILL NO. 106
Sponsor: REPRESENTATIVE MICOZZIE
Printer's No. 2654
5--In Title 74:
6Providing for organization.
10In sustainable mobility options:
11further providing for definitions, for department
12authorization, for the Public Transportation Trust
13Fund, for application and approval process, for
14executive and legislative reports, for coordination,
15for asset improvement program, for Statewide programs
16and for capital improvements program.
17Providing for multimodal transportation funding.
21further providing for commission; and
22providing for annual hearing.
25Providing for traffic signals.
26Establishing the Bridge Bundling Program.
27Providing for public utility facilities.
28Providing for steel painting.
31--In Title 75:
32In registration of vehicles:
1In commercial drivers, further providing for fees.
5further providing for limitation on local license
6fees and taxes, for collection and disposition of
7fees and money, for motor homes, for annual
8registration fees, for trucks and truck tractors, for
9motor buses and limousines, for school buses and
10school vehicles, for trailers, for special mobile
11equipment, for implements of husbandry, for farm
12vehicles, for ambulances, taxis and hearses, for
13dealers and miscellaneous motor vehicle business, for
14farm equipment vehicle dealers, for transfer of
15registration, for temporary and electronically issued
16registration plates, for replacement registration
17plates, for legislative registration plates, for
18personal registration plates, for street rod
19registration plates, for duplicate registration cards
20and for commercial implements of husbandry;
21providing for fee for local use; and
22further providing for special hauling permits as
23to weight and size, for annual hauling permits, for
24mobile homes, modular housing units and modular
25housing undercarriages, for books of permits, for
26refund of certain fees, for driver's license and
27learner's permit, for certificate of title, for
28security interest, for information concerning drivers
29and vehicles, for certified copies of records, for
30uncollectible checks, for certificate of inspection,
31for messenger service, for reinstatement of operating
32privilege or vehicle registration and for secure
33power of attorney.
34In motor carriers road tax identification markers:
41In size, weight and load, further providing for
42restrictions on use of highways and bridges, for
43conditions of permits and security for damages and for
44permit for movement during course of manufacturing.
45In powers of department and local authorities:
3In liquid fuels and fuels tax:
17--Providing for permits for movement of raw milk.
18--Providing for amendment of lease agreements.
21--Making an appropriation.
23The General Assembly finds and declares as follows:
27(2) The Commonwealth's transportation system includes
28nearly 40,000 miles of roads and 25,000 bridges owned by the
29Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
30owned by counties and municipal governments, 36 fixed-route
31public transportation agencies, 67 railroads, 133 public use
32airports, the Ports of Erie, Philadelphia and Pittsburgh, and
33numerous bicycle and pedestrian facilities.
34(3) The Commonwealth's transportation system provides
35for access to employment, educational services, medical care
36and other life-sustaining services for all residents of this
37Commonwealth, including senior citizens and people with
39(4) The Department of Transportation of the Commonwealth
40has indicated that 9,000 miles of roads owned by the
41Commonwealth are in poor condition and that 4,400 bridges
42owned by the Commonwealth are rated structurally deficient.
43The State Transportation Advisory Committee has indicated
44that 2,189 bridges exceeding 20 feet in length owned by
45counties and municipalities are rated structurally deficient.
1(7) The State Transportation Advisory Committee reported
2in 2010 that the Commonwealth's transportation system is
3underfunded by $3,500,000,000 and projected that amount will
4grow to $6,700,000,000 by 2020 without additional financial
5investment by the Commonwealth.
13(10) Pursuant to section 11 of Article VIII of the
14Constitution of Pennsylvania, all highway and bridge user
15fees must be used solely for construction, reconstruction,
16maintenance and repair of and safety on public highways and
17bridges and costs and expenses incident thereto.
18(11) In order to ensure a safe and reliable system of
19public transportation, aviation, ports, rail and bicycle and
20pedestrian facilities, other transportation-related user fees
21must be deposited in the Public Transportation Trust Fund and
22the Multimodal Transportation Fund.
23(12) In furtherance of the Commonwealth's energy policy,
24which includes becoming independent from overreliance on
25foreign energy sources, programs must be established to
26promote reliance on or conversion to alternative energy
27sources, including the vast natural gas supply of this
41202. Deputy secretaries.
42§ 201. Definitions.
48"Secretary." The Secretary of Transportation of the
2§ 202. Deputy secretaries.
5(1) Deputy Secretary for Administration.
6(2) Deputy Secretary for Driver and Vehicle Services.
7(3) Deputy Secretary for Highway Administration.
8(4) Deputy Secretary for Multimodal Transportation.
9(5) Deputy Secretary for Planning.
13(1) Fiscal affairs.
14(2) Operations analysis and improvement.
15(3) Information services.
16(4) Office services.
17(5) Human resources.
18(6) Equal opportunity.
24(3) Vehicle and driver safety.
25(4) Services for other modes of transportation.
29(1) Design of highways and bridges.
30(2) Land acquisition for highways and bridges.
33(4) Maintenance and operation of highways and bridges.
34(5) Highway and bridge safety.
35(e) Multimodal transportation.--The Deputy Secretary for
36Multimodal Transportation has the powers and duties of the
37department under law relating to modes of transportation other
38than highways, except recreational boating and ferry licensing,
39including all of the following:
40(1) Local and public transportation.
41(2) Rail freight.
42(3) Ports and waterways.
43(4) Aviation and airports.
47(1) Planning and research.
48(2) Program development and management.
49(3) Services to municipalities.
50Section 2. Section 303 of Title 74 is amended to read:
51§ 303. [Minority and women-owned] Diverse business
2(a) General rule.--In administering contracts for
3construction and professional services relating to
4transportation projects which are funded pursuant to the
5provisions of this title or 75 Pa.C.S. (relating to vehicles),
6the [department and any local transportation organization]
7contracting entities shall:
8(1) Be responsible for ensuring that all competitive
9contract opportunities subject to this section which are
10issued by the [department or local transportation
11organization] contracting entities seek to maximize
12participation by [minority-owned and women-owned businesses
13and other disadvantaged] diverse businesses.
17(i) The bidder or offeror shall document and submit
18to the applicable contracting entity all good faith
19efforts to solicit subcontractors that are diverse
20businesses during the bidding or proposal process.
21(ii) The bidder or offeror shall provide within
22seven days of being declared the low bidder or successful
23offeror the name and business address of each
24subcontractor that is a diverse business that will
25provide the contractor with construction or professional
26services in connection with the performance of the
28(2) [Give] Include in the solicitations for bids and
29requests for proposals under paragraph (1.1), language
30encouraging bidders and offerors to utilize and give
31consideration[, when possible and cost effective,] to
32contractors offering to utilize [minority-owned and women-
33owned businesses and disadvantaged] diverse businesses in the
34selection and award of contracts.
35(3) Ensure that the [department's and local
36transportation organizations' commitment to the minority-
37owned and women-owned business program] contracting entities'
38commitment to participation by diverse businesses is clearly
39understood and appropriately implemented and enforced by all
40[department and local transportation organization employees]
41the contracting entities.
42(4) Designate a responsible official to supervise the
43[department and local transportation organization minority-
44owned and women-owned] contracting entities' diverse business
45program and ensure compliance within the [department or local
46transportation organization] contracting entities.
1Pa.C.S. § 531 (relating to debarment or suspension), against
2businesses that fail to comply with this section or the
3policies of the Commonwealth [minority-owned and women-owned
4business program] related to diverse businesses. This
5paragraph shall not apply to a local transportation
7(7) Ensure that each contract entered into with a
8contractor under this section includes provisions prohibiting
9discrimination in accordance with 62 Pa.C.S. § 3701 (relating
10to contract provisions prohibiting discrimination).
14(1) Conduct the necessary and appropriate outreach,
15including using the database available on the Internet
16website of the Department of General Services and the Federal
17Government's system of award management database, for
18purposes of identifying diverse businesses in general
19construction or professional services capable of performing
20contracts subject to this section.
21(2) By October 1, 2014, and each October 1 thereafter,
22submit a report to the chairman and minority chairman of the
23Transportation Committee of the Senate and the chairman and
24minority chairman of the Transportation Committee of the
25House of Representatives summarizing the participation level
26of diverse businesses in all competitive contract
27opportunities issued by contracting entities. The commission
28and local transportation organizations shall cooperate with
29the department to complete the report. The report shall
38(3) Transmit the report under paragraph (2) to the
39Minority Business Development Authority, established under
40the act of July 22, 1974 (P.L.598, No.206), known as the
41Pennsylvania Minority Business Development Authority Act. The
42authority shall review the report to assess the effectiveness
43in advancing this section and to make any recommendations for
44changes in this section deemed necessary or desirable to the
45secretary and the chairman and minority chairman of the
46Transportation Committee of the Senate and the chairman and
47minority chairman of the Transportation Committee of the
48House of Representatives.
1pursuant to a bid, proposal or contract subject to this section,
2it becomes necessary to replace a subcontractor that is a
3diverse business, the bidder, offeror or contractor, as
4appropriate, shall immediately notify the contracting entity of
5the need to replace the diverse business. The notice shall
6include the reasons for the replacement.
15(a.4) Construction.--Nothing in this section shall be
16construed to supersede, nullify or otherwise affect 51 Pa.C.S. §
179603 (relating to participation goals). In the case of an
18inconsistency between this section and 51 Pa.C.S. Ch. 96
19(relating to veteran-owned small businesses), the provisions of
2051 Pa.C.S. Ch. 96 shall prevail.
28"Contracting entities." The following:
29(1) The Department of Transportation.
30(2) The commission.
31(3) A local transportation organization.
32"Disadvantaged business." A business that is owned or
33controlled by a majority of persons, not limited to members of
34minority groups, who are subject to racial or ethnic prejudice
35or cultural bias.
36"Diverse business." A disadvantaged business, minority-owned
37or women-owned business or service-disabled veteran-owned or
38veteran-owned small business that has been certified by a third-
39party certifying organization.
40"Local transportation organization." Any of the following:
41(1) A political subdivision or a public transportation
42authority, port authority or redevelopment authority
43organized under the laws of this Commonwealth or pursuant to
44an interstate compact or otherwise empowered to render,
45contract for the rendering of or assist in the rendering of
46transportation service in a limited area in this
47Commonwealth, even though it may also render or assist in
48rendering transportation service in adjacent states.
51(3) A nonprofit association of public transportation
1providers operating within this Commonwealth.
2"Minority-owned business." A business owned and controlled
3by a majority of individuals who are African Americans, Hispanic
4Americans, Native Americans, Asian Americans, Alaskans or
6"Professional services." An industry of infrequent,
7technical or unique functions performed by independent
8contractors or consultants whose occupation is the rendering of
9the services. The term includes:
12(2) Legal services.
13(3) Advertising or public relations services.
14(4) Accounting, auditing or actuarial services.
15(5) Security consultant services.
16(6) Computer and information technology services.
17(7) Insurance underwriting services.
20"Third-party certifying organization." An organization that
21certifies a small business, minority-owned business, women-owned
22business or veteran-owned small business as a diverse business.
23The term includes:
24(1) The National Minority Supplier Development Council.
27(3) The Small Business Administration.
28(4) The Department of Veterans Affairs.
29(5) The Pennsylvania Unified Certification Program.
37§ 1503. Definitions.
41* * *
42"Base operating allocation." The total amount of State
43operating assistance, reimbursement in lieu of fares for senior
44passengers and other assistance which was used for operating
45assistance as determined by the department in [fiscal year 2005-
462006.] the last full fiscal year that the qualifying local
47transportation organization received the assistance, including
48the funds received under section 1517.1(c) (relating to
49Alternative Energy Capital Investment Program).
1construction, installation, start-up of operations, improvements
2and all work and materials incident thereto. Preventive
3maintenance expenses, as defined by the Federal Transit
4Administration, may be deemed eligible as a capital expenditure
5based on written approval by the department at its discretion.
6* * *
7Section 4. Section 1504(a) of Title 74 is amended to read:
8§ 1504. Department authorization.
14(2) In the event of imminent service termination, the
15department shall make every effort to contract with a local
16transportation organization to provide the programs,
17activities and services enumerated in this chapter. After all
18local transportation organization contracting options are
19exhausted, the department may contract with a transportation
20company to provide the programs, activities and services
21enumerated in this chapter. The operation of the programs,
22activities and services administered by the department and
23provided by the local transportation organization or
24transportation company under this subsection shall not be
25subject to the jurisdiction of the Pennsylvania Public
27* * *
28Section 5. (Reserved).
31§ 1506. Fund.
32* * *
33(b) Deposits to fund by department.--
34(1) The following apply:
35(i) [Except as provided under subparagraph (ii),
36upon] Upon receipt, the department shall deposit into the
37fund the revenues received by the department under 75
38Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
39the lease agreement executed between the department and
40the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
418915.3 (relating to lease of Interstate 80; related
42agreements). [as follows:
43(A) For fiscal year 2007-2008, $250,000,000.
44(B) For fiscal year 2008-2009, $250,000,000.
45(C) For fiscal year 2009-2010, $250,000,000.
1conversion period if the conversion notice is not
2received by the secretary prior to expiration of the
3conversion period as set forth under 75 Pa.C.S. §
48915.3(3).] $450,000,000 annually for each fiscal year
5for fiscal years 2014-2015 through 2021-2022.
9* * *
12(1) 4.4% of the amount collected under Article II of the
13Tax Reform Code. Revenues under this paragraph shall be
14deposited into the fund by the 20th day of each month for the
15preceding month. The amount deposited under this paragraph is
16estimated to be equivalent to the money available to the
17department from the following sources:
36(3.4) For fiscal year 2022-2023 and each fiscal year
37thereafter, an amount equal to the amount collected under
38Article II of the Tax Reform Code, multiplied by the ratio
39that $450,000,000 is to the total amount collected under
40Article II of the Tax Reform Code in the fiscal year ending
41June 30, 2021, or $450,000,000, whichever is greater, shall
42be transferred to the fund. The source of the transfer shall
43be the revenue collected under section 238 of the Tax Reform
44Code on motor vehicles, trailers and semi-trailers.
47* * *
51(1) For the program established under section 1513
21(A) For fiscal year 2013-2014, 5.8%.
22(A.1) For fiscal year 2014-2015, 8.8%.
37[(A.1) For fiscal year 2007-2008, $50,000,000
38from the revenues received by the department under 75
39Pa.C.S. Ch. 89 and the lease agreement executed
40between the department and the Pennsylvania Turnpike
41Commission under 75 Pa.C.S. § 8915.3. The amount
42received by the department under this section shall
43be deposited into the fund prior to distribution and
44shall be in addition to the amounts received under
46(B) For fiscal year 2008-2009, $100,000,000 from
47the revenues received by the department under 75
48Pa.C.S. Ch. 89 and the lease agreement executed
49between the department and the Pennsylvania Turnpike
50Commission under 75 Pa.C.S. § 8915.3. The amount
51received by the department under this section shall
4(C) For fiscal year 2009-2010, $150,000,000 from
5the revenues received by the department under 75
6Pa.C.S. Ch. 89 and the lease agreement executed
7between the department and the Pennsylvania Turnpike
8Commission under 75 Pa.C.S. § 8915.3. The amount
9received by the department under this section shall
10be deposited into the fund prior to distribution and
11shall be in addition to the amounts received under
13(D) For fiscal year 2010-2011 and each fiscal
14year thereafter, the amount calculated for the prior
15fiscal year increased by 2.5% from the revenues
16received by the department under 75 Pa.C.S. Ch. 89
17and the lease agreement executed between the
18department and the Pennsylvania Turnpike Commission
19under 75 Pa.C.S. § 8915.3. The amount received by the
20department under this section shall be deposited into
21the fund prior to distribution and shall be in
22addition to the amounts received under subsection (b)
24(E) Ninety-five percent of the remaining revenue
25deposited in the fund under subsection (b)(1) and
26(c)(3.4), after the transfer of $30,000,000 to the
27Multimodal Transportation Fund under paragraph (6).
34(I) For fiscal year 2013-2014, 28.1%.
35(II) For fiscal year 2014-2015, 35.1%.
40[(ii) If the conversion notice is not received by
41the secretary prior to the end of the conversion period
42as set forth in 75 Pa.C.S. § 8915.3(3), no additional
43allocation shall be made under subparagraph (i).]
1[(4) For the program established under section 1517
2(relating to capital improvements program), 16.77% of the
3revenues deposited in the fund under subsection (c)(1).
4Additional funds for this program may be provided from the
5funds allocated but not distributed based on the limitation
6set forth under section 1513(c)(3).]
7(5) For the program established under section 1517.1
8(relating to Alternative Energy Capital Investments Program),
9no more than $60,000,000 of the revenue deposited in the fund
10under subsection (c) may be allocated from the fund.
17§ 1507. Application and approval process.
18(a) Application.--An eligible applicant that wishes to
19receive financial assistance under this chapter shall submit a
20written application to the department on a form developed by the
21department, which shall include the following:
22* * *
23(6) Evidence satisfactory to the department of the
24commitment for matching funds required under this chapter
25sufficient to match the projected financial assistance
26payments [at the same times that the financial assistance
27payments are to be provided.], provided no later than June 30
28of the applicable fiscal year. If the evidence required under
29this paragraph is not provided to the satisfaction of the
30department, subsequent funding under section 1513 (relating
31to operating program) shall be withheld until the applicant
32meets the requirements of this paragraph.
36* * *
37(c) Restriction on use of funds.--[Financial] Unless the
38department grants the award recipient a waiver allowing the
39funds to be used for a different purpose, financial assistance
40under this chapter shall be used only for activities set forth
41under the financial assistance agreement [unless the department
42grants the award recipient a waiver allowing the funds to be
43used for a different purpose]. The department's regulations
44shall describe circumstances under which it will consider waiver
45requests and shall set forth all information to be included in a
46waiver request. The [maximum duration of a waiver shall be one
47year, and a] waiver request shall include a plan of corrective
48action to demonstrate that the award recipient does not have an
49ongoing need to use financial assistance funds for activities
50other than those for which funds were originally awarded. The
51duration of the waiver may not exceed the duration of the plan
1of corrective action. The department shall monitor
2implementation of the plan of corrective action. If the plan of
3corrective action is not implemented by the local transportation
4organization, the department shall rescind the waiver approval.
7§ 1511. Report to Governor and General Assembly.
8[The following shall apply:
9(1) Except as provided in paragraph (2), the] The
10department shall submit a public passenger transportation
11performance report to the Governor and the General Assembly
12by April 30 of each year, covering the prior fiscal year.
15§ 1512. Coordination and consolidation.
16(a) Coordination.--Coordination is required in regions where
17two or more award recipients have services or activities for
18which financial assistance is being provided under this chapter
19to assure that the services or activities are provided
20efficiently and effectively.
21(b) Consolidation and mutual cooperation.--
22(1) The department, in consultation with local
23governments and local transportation organizations, shall
24study the feasibility of consolidation and mutual cooperation
25among local transportation organizations as a means of
26reducing annual expenses without loss of service to the
27communities they serve. The study shall examine the creation
28of service regions or mutual cooperation pacts to determine
29whether either method would reduce annual expenses. The
30feasibility analysis is to include a cost-benefit analysis
31and operational analysis.
32(2) If the results of a feasibility analysis under
33paragraph (1) estimate an annual net savings at the time of
34completion of the study, the transportation organization and
35local government may implement the recommended action.
36(3) The department shall waive the match requirement
37under sections 1513 (relating to operating program) and 1514
38(relating to asset improvement program) for five fiscal years
39for the transportation organization's participation in the
40recommended action under paragraph (2) in an amount not to
41exceed the estimated annual net savings of the implemented
43(c) Funding for merger and consolidation incentives and
44mutual cooperation pacts.--A capital project that is needed to
45support a local transportation organization that has agreed to
46merge and consolidate operations and administration or share
47facilities or staff through a mutual cooperation pact to achieve
48cost and service efficiencies shall be eligible for financial
49assistance under this chapter. The application for financial
50assistance must do all the following:
51(1) Identify the efficiencies in a merger and
1consolidation plan or mutual cooperation pact.
7§ 1514. Asset improvement program.
8* * *
9(c) Local match requirements.--
10(1) Financial assistance under this section shall be
11matched by local or private cash funding in an amount not
12less than 3.33% of the amount of the financial assistance
13being provided. The source of funds for the local match shall
14be subject to the requirements of section 1513(d)(3)
15(relating to operating program).
20* * *
24(1) The local transportation organization organized and
25existing under Chapter 17 (relating to metropolitan
26transportation authorities) as the primary provider of public
27passenger transportation for the counties of Bucks, Chester,
28Delaware, Montgomery and Philadelphia shall receive 69.4% of
29the funds available for distribution under this section.
30(2) The local transportation organization organized and
31existing under the act of April 6, 1956 (1955 P.L.1414,
32No.465), known as the Second Class County Port Authority Act,
33as the primary provider of public transportation for the
34county of Allegheny shall receive 22.6% of the funds
35available for distribution under this section.
36(3) Other local transportation organizations organized
37and existing as the primary providers of public passenger
38transportation for the counties of this Commonwealth not
39identified under paragraph (1) or (2) shall receive 8% of the
40funds available for distribution under this section. The
41department shall allocate the funds under this paragraph
42among the local transportation organizations.
43(4) Notwithstanding paragraphs (1), (2) and (3) and
44before distributing the funds under paragraph (1), (2) or
45(3), the department shall set aside 5% of the funds available
46for distribution under this section for discretionary use and
47distribution by the secretary.
48* * *
49§ 1516. Programs of Statewide significance.
50* * *
51(b) Persons with disabilities.--The department shall
1establish and administer a program providing reduced fares to
2persons with disabilities on community transportation services
3and to provide financial assistance for start-up, administrative
4and capital expenses related to reduced fares for persons with
5disabilities. All of the following shall apply:
6(1) A community transportation system operating in the
7Commonwealth other than in [counties of the first and second
8class] a county of the first class may apply for financial
9assistance under this subsection.
10* * *
11(e) Technical assistance [and demonstration], demonstration
12and emergency.--The department is authorized to provide
13financial assistance under this section for technical
14assistance, research and short-term demonstration or emergency
15projects. All of the following shall apply:
19(2) Financial assistance provided under this subsection
20may be used for reimbursement for any approved operating or
21capital costs related to technical assistance and
22demonstration program projects. Financial assistance for
23short-term demonstration projects may be provided at the
24department's discretion on an annual basis based on the level
25of financial commitment provided by the award recipient to
26provide ongoing future funding for the project as soon as the
27project meets the criteria established by the department and
28the award recipient. Financial assistance for this purpose
29shall not be provided for more than three fiscal years.
30Financial assistance may be provided to meet any short-term
31emergency need that requires immediate attention and cannot
32be funded through other sources.
33(3) Financial assistance under this subsection provided
34to a local transportation organization shall be matched by
35local or private cash funding in an amount not less than
363.33% of the amount of the financial assistance being
37provided. The sources of funds for the local match shall be
38subject to the requirements of section 1513(d)(3) (relating
39to operating program).
40(4) As follows:
41(i) For short-term demonstration projects awarded
42financial assistance under this subsection, the
43department shall determine if the demonstration project
44was successful based upon the performance criteria
45established prior to the commencement of the
46demonstration project and approved by the department.
47(ii) If the department determines that the
48demonstration project was successful, the local
49transportation organization or agency or instrumentality
50of the Commonwealth that conducted the demonstration
51project shall be eligible to apply for and receive funds
4(iii) During the first year in which the
5demonstration project is eligible for and applies for
6financial assistance under section 1513, the local
7transportation organization or agency or instrumentality
8of the Commonwealth that conducted the demonstration
9project and transitioned it to regularly scheduled public
10passenger transportation service shall be eligible to
11receive financial assistance up to 65% of the
12transportation service's prior fiscal year operating
13costs or expenses for the service as an initial base
21(1) The department may develop and implement a pilot
22program to test and evaluate new models of paying for and
23delivering shared ride and community transportation. The
24goals of the program are as follows:
33(2) The department shall establish an advisory committee
34to provide guidance and input for pilot planning, start-up,
35operations, data collection and post pilot evaluation. The
36committee shall be comprised of the following:
51(viii) A member appointed by the Secretary of Public
5(x) The secretary or a designee.
6(xi) The Secretary of Aging or a designee.
7(xii) The Secretary of the Budget or a designee.
13(4) The department shall publish the notice of
14availability of the program models and framework in the
15Pennsylvania Bulletin and receive applications from counties
16and shared-ride community transportation systems interested
17in participating in the program for the three-month period
18following the publication of the notice.
19(5) The department may work with the committee to
20redefine the basis for payment using lottery and other State
21funding sources currently used to support community
22transportation programs for selected pilot counties and
23shared-ride community transportation systems to test new
24methods of service delivery and payment. Each project must
25have a business plan with management controls, service
26standards and budget controls. The business plan shall be
27reviewed by the committee prior to being implemented.
30§ 1517. Capital improvements program.
31* * *
32(f) Certification ends funding.--Financial assistance under
33this section shall cease when the secretary certifies that funds
34are no longer available for the program established under this
36Section 11. Title 74 is amended by adding a section to read:
37§ 1517.1. Alternative Energy Capital Investment Program.
38(a) Establishment.--The department is authorized to
39establish a competitive grant program to implement capital
40improvements deemed necessary to support conversion of a local
41transportation organization's fleet for use of an alternative
42energy source, including compressed natural gas.
47(c) Additional authorization.--Notwithstanding any other
48provisions of this section or other law, the department may use
49funds designated for the program established under subsection
50(a) to supplement a local transportation organization's base
51operating allocation under section 1513 (relating to operating
4Section 12. Title 74 is amended by adding a chapter to read:
92102. Multimodal Transportation Fund.
102103. Transfers and deposits to the fund.
112104. Use of money in the fund.
122105. Project selection criteria.
132106. Local match.
142107. Balanced Multimodal Transportation Policy Commission.
15§ 2101. Definitions.
21"Eligible program." Any of the following:
28§ 2102. Multimodal Transportation Fund.
33§ 2103. Transfers and deposits to the fund.
37§ 2104. Use of money in the fund.
38(a) Purposes.--Money in the fund shall be used as follows:
41(i) For programs related to aviation:
42(A) $5,000,000 in fiscal year 2013-2014.
45(ii) For programs related to rail freight:
46(A) $8,000,000 in fiscal year 2013-2014.
49(iii) For programs related to passenger rail:
50(A) $6,000,000 in fiscal year 2013-2014.
51(B) $8,000,000 in fiscal year 2014-2015 and each
1fiscal year thereafter.
2(iv) For programs related to ports and waterways:
3(A) $8,000,000 in fiscal year 2013-2014.
12(i) Activities shall be initiated or undertaken in
13consultation with the chairman and minority chairman of
14the Transportation Committee of the Senate and the
15chairman and minority chairman of the Transportation
16Committee of the House of Representatives.
17(ii) Costs may be incurred as follows:
18(A) $0 for fiscal year 2013-2014.
21(C) Not to exceed $40,000,000 annually in fiscal
22year 2015-2016 and each fiscal year thereafter,
23$35,000,000 of which shall be from revenues deposited
24into the fund under 75 Pa.C.S. § 9502(a) (relating to
25imposition of tax).
29(4) Annually, any money not allocated under paragraphs
30(1), (2) and (3) or as provided in subsection (b) shall be
31transferred to the Commonwealth Financing Authority and used
32to fund eligible programs. The authority shall develop
33guidelines for use of the money for eligible programs, which
34shall include the requirements of section 2106 (relating to
36(b) Automatic adjustments.--For the 24-month period
37beginning July 1, 2015, through June 30, 2017, and each like 24-
38month period thereafter, the amount of grants to be made for the
39programs listed in subsection (a)(1) shall be increased by an
40amount calculated by applying the percentage change in the
41Consumer Price Index for All Urban Consumers (CPI-U) for the
42most recent 24-month period, calculated from the first day of
43March through the last day of February, beginning on the
44effective date of this section and on each subsequent date that
45the amount of grants were last increased under this subsection
46and for which figures have been officially reported by the
47Bureau of Labor Statistics, immediately prior to the date the
48adjustment is due to take effect, to the then current grant
50§ 2105. Project selection criteria.
51The department shall award grants under section 2104(a)(1)
1(relating to use of money in the fund) on a competitive basis.
2The department may not reserve, designate or set aside a
3specific level of funding or percentage of funds to an applicant
4prior to the completion of the application process; nor may the
5department designate a set percentage of funds to an applicant.
6§ 2106. Local match.
7Unless otherwise specified by law, financial assistance under
8section 2104(a)(2) and (4) shall be matched by local funding in
9an amount not less than 30% of the non-Federal share of the
10project costs. Matching funds from a county or municipality
11shall only consist of cash contributions provided by one or more
12counties or municipalities.
13§ 2107. Balanced Multimodal Transportation Policy Commission.
14(a) Commission.--There is established a Balanced Multimodal
15Transportation Policy Commission to study and make
16recommendations on developing and maintaining a balanced
17multimodal transportation policy for this Commonwealth.
20(1) The Secretary of Transportation.
21(2) The Secretary of Community and Economic Development.
22(3) The Secretary of Environmental Protection.
23(4) One appointment from each of the following:
24(i) the Majority Leader of the Senate;
25(ii) the Minority Leader of the Senate;
41(e) Study.--The commission shall study facets on
42implementing balanced multimodal transportation policies for
43metropolitan areas in this Commonwealth, which shall include at
44least the cities of the first class and second class, but may
45include other regions as well.
46(f) Staff.--Upon recommendation of the commission, the
47Secretary of Transportation may hire independent consultants to
48aid the work of the commission. The commission shall be staffed
49by employees of the Department of Transportation. Ordinary
50expenses shall be paid to members of the commission.
51(g) Report.--No later than two years after the effective
7FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY
95931. Scope of subchapter.
115933. Customer facility charge.
12§ 5931. Scope of subchapter.
15§ 5932. Definitions.
22"Airport owner." Any of the following:
23(1) A city which owns and operates an airport.
29"City." A city of the first class.
30"Concession agreement." A regulation, contract, permit,
31license or other agreement entered into between an airport owner
32and a vehicle rental company which includes the terms and
33conditions under which the company may conduct any aspect of its
34rental vehicle business at the airport or through the use of
35airport property, including a vehicle rental company which
36provides a customer access to a vehicle or executes a rental
37contract on or off airport property.
51"Rental facility agreement." A written agreement entered
10(3) A procedure and requirement for a consultation with
11vehicle rental companies regarding the implementation of this
12subchapter and for the disclosure to vehicle rental companies
13of information relating to the collection and use of the
14customer facility charge.
19"Rental facility improvement." A facility or structure on
20airport property needed for development or use of the rental
21facility. The term includes costs necessary for planning,
22financing, designing, constructing, equipping or furnishing the
23rental facility improvements.
29"Transportation system costs." The portion of total costs
30incurred to design, finance, construct, operate and maintain a
31transportation system which reflects the usage or benefit of the
32system to vehicle rental companies and their customers.
33"Vehicle rental company." A person engaged in the business
34of renting a motor vehicle in this Commonwealth that provides a
35motor vehicle rental to a customer and utilizes airport property
36in any aspect of its business, notwithstanding if other aspects
37of its business are not conducted on airport property, including
38to do any of the following on an airport property:
39(1) Contact customers or pick up or drop off customers.
42§ 5933. Customer facility charge.
44(1) Except as set forth in paragraph (2), a city may
45impose a customer facility charge of not more than $8 per
46rental day on a customer renting a motor vehicle from a
47vehicle rental company doing business at an airport.
51(3) A customer facility charge may be imposed
5(b) Amendment.--The following shall apply:
6(1) The customer facility charge may be increased beyond
7$8 per rental day by written amendment to an existing rental
8facility agreement signed by the parties to the rental
9facility agreement or the parties' successors or assigns. An
10increase to the customer facility charge under this paragraph
11may only occur one time each year.
12(2) A city may decrease the amount of the customer
13facility charge at any time without the requirement of an
14amendment to an existing rental facility agreement.
15Following a decrease in the amount of the customer facility
16charge by the city, the city may increase the amount of the
17customer facility charge without the requirement of an
18amendment to an existing rental facility agreement if the
19amount of the customer facility charge does not exceed the
20amount that was in effect prior to the decrease. An increase
21beyond that amount shall require a written amendment to the
22existing rental facility agreement signed by the parties to
23the rental facility agreement or the parties' successors or
25(c) Rental facility agreement.--
26(1) A rental facility agreement shall take effect and be
27enforceable if, at the time it is executed, it is signed by
28the airport owner and at least 80% of the vehicle rental
29companies which utilized airport property and which together
30provided at least 90% of the motor vehicle rentals utilizing
31airport property in the most recently completed calendar
33(2) The terms of a rental facility agreement may be
34interpreted and enforced by a court of competent jurisdiction
35through the imposition of a mandatory or prohibitive
36injunction. Monetary damages may not be awarded to a vehicle
37rental company or to a person required to pay the customer
38facility charge for a violation of the terms and conditions
39of the rental facility agreement.
41(1) Notwithstanding the authorization for the use of the
42proceeds of the customer facility charge under subsection (g)
43and except as provided in paragraph (2), until a rental
44facility agreement is executed, the proceeds of the customer
45facility charge may be used only for planning, design,
46feasibility studies and other preliminary expenses necessary
47for the uses authorized in subsection (g).
48(2) If a rental facility agreement is not executed
49within two years following the date a vehicle rental company
50is required to begin collecting the customer facility charge,
51a city may continue to impose and collect the customer
1facility charge authorized under this section after notice to
2the vehicle rental companies. The city may use the proceeds
3of the customer facility charge in the manner authorized by
4subsection (g) except that any expenses imposed on vehicle
5rental companies may not exceed the proceeds of the customer
7(e) Additional cost.--A customer facility charge shall be in
8addition to other motor vehicle rental fees and taxes imposed
9under law, except that the customer facility charge may not
10constitute part of the purchase price of a motor vehicle rental
11imposed under any of the following:
19(f) Collection.--The following shall apply:
20(1) A customer facility charge shall be:
24(ii) paid to the airport owner:
28(B) if necessary to facilitate a pledge under
29subsection (h), at an earlier date as designated by
30the airport owner, but not sooner than the 15th day
31of the month following the month in which the
32customer facility charge is collected.
46(2) Transportation system costs.
51(1) To support debt to finance any use authorized under
7(1) Require a vehicle rental company to provide periodic
8statements of account, file returns, authorize payments and
9maintain records, in accordance with the vehicle rental
10company's obligations under this subchapter.
14(i) Collect an amount due.
17(iii) Grant a refund.
28(1) With any person, firm or corporation, government
29agency, whether in this Commonwealth or elsewhere, and with
30any Federal agency subscribing to or acquiring debt
31obligations secured by customer facility charges, that the
32Commonwealth will not limit or alter the rights vested in the
33airport owner under this subchapter in a manner inconsistent
34with the obligations of an airport owner to the obligees of
35the airport owner until all debt obligations secured by
36customer facility charges and interest on the debt
37obligations are fully paid or provided for.
38(2) With any Federal agency that, if the Federal agency
39contributes funds to support any projects needed for the
40implementation of this subchapter, the Commonwealth will not
41alter or limit the rights and powers of the airport owner in
42a manner which would be inconsistent with the due performance
43of any agreement between the airport owner and a Federal
44agency of which the Commonwealth has knowledge.
47§ 8105. Commission.
48* * *
49(b) Vacancies and terms.--
50* * *
51(2) The appointed member shall serve for a term of four
1years. Upon the expiration of this term, the appointed member
2may continue to hold office for 90 days or until his
3successor shall be duly appointed and qualified, whichever is
4less. A member may not serve more than two terms.
5* * *
6§ 8121. [(Reserved).] Annual hearing.
7Upon request, at least one commission member shall testify at
8a public hearing before the Appropriations Committee of the
9Senate and the Appropriations Committee of the House of
10Representatives each year to present information on turnpike
11operations and coordination with other State agencies.
12Section 15. (Reserved).
13Section 16. (Reserved).
16§ 8204. Code of conduct.
17* * *
19(1) At least once every [four] two years, the Department
20of the Auditor General shall review the performance,
21procedures, operating budget, capital budget and debt of the
22commission and shall audit the accounts of the commission.
23* * *
24§ 9119. Applicability of other laws.
25(a) General rule.--Except as provided under subsection (b),
26all provisions of laws related to the development, construction,
27operation or financing of a transportation project in effect on
28the date the public-private transportation partnership agreement
29is fully executed shall apply to a public-private transportation
30partnership agreement entered into between a proprietary public
31entity and a development entity. The provisions shall include:
32(1) The act of May 1, 1913 (P.L.155, No.104), referred
33to as the Separations Act[.]; however, the development entity
34selected under section 9109 (relating to selection of
35development entities) shall be the person whose duty it is to
36receive separate bids and award and enter into separate
37contracts for each of the subject branches of work required
38for the erection, construction and alteration of a public
39building under a public-private transportation partnership
41* * *
42Section 18. Title 74 is amended by adding chapters to read:
479202. Maintenance agreement.
48§ 9201. Definitions.
1"Critical corridor." Either of the following:
15"Municipality." A city, borough, town or township.
26§ 9202. Maintenance agreement.
27(a) Agreement.--A municipality may enter into an agreement
28with the department to replace, synchronize and time traffic
29signals located within a designated traffic corridor. The terms
30of the agreement may specify that the municipality provide
31services to the department. The agreement shall not exceed the
32time period of the useful life of the traffic signals. The
33municipality shall, during the duration of the agreement,
34properly maintain and time the traffic signals in accordance
35with the agreement.
36(b) Critical corridors.--A municipality shall enter into an
37agreement with the department under terms specified under
38subsection (a) for critical corridors. A municipality shall
39provide to the department in a timely manner all traffic and
40intersection data that the municipality maintains for critical
41corridors and establish and agree to an operations plan with the
42department for critical corridors.
43(c) Prioritization.--The department shall prioritize
44critical corridors and designated traffic corridors where proper
45signalization will provide the most benefit to the traveling
46public and reduce congestion. Priorities shall be reevaluated
47and updated as part of the 12-year transportation improvement
2(e) Maintenance.--If the department determines that one or
3more traffic signals are not being maintained or timed in
4accordance with an agreement under subsection (a) or an existing
5agreement, the department shall provide written notice to all
6municipalities subject to the agreement no less than 60 days
7prior to taking any action to correct the deficient maintenance
8and timing. The written notice shall specify the maintenance and
9timing deficiencies that are to be corrected.
10(1) A municipality subject to an agreement under
11subsection (a) shall have 60 days to correct the deficiencies
12contained in the written notice or to contest, in writing,
13the findings of the department within 30 days following
14receipt of the written notice.
15(2) The requirement that the municipality correct the
16deficiencies within 60 days following receipt of the written
17notice shall be temporarily stayed, if the municipality
18timely contests the department's findings in writing.
19(3) A municipality that contests the deficiencies
20specified in the written notice shall have 30 days to reach a
21written understanding with the department related to the
22deficiencies specified in the written notice.
23(4) If the department and the municipality do not reach
24a written understanding under paragraph (3), the department
25and the municipality shall select a civil engineer licensed
26by the Commonwealth who has substantial experience in traffic
27engineering to mediate the dispute. The engineer chosen must
28not be under an existing contract with the department or
29municipality unless the contract is specifically related to
30traffic signal mediation.
31(f) Failure of municipality to perform.--If a municipality
32that has entered into an agreement with the department under
33subsection (a) fails to meet the requirements of subsection (e)
34(1) or (2), the department may take action to correct the
35deficiencies specified in the notice under subsection (e).
36(g) Payment for failure to correct deficiencies.--If the
37department takes action under subsection (f), the department may
38deduct the actual costs of correcting the deficiencies in
39maintenance and timing from the payments made to the
40municipality under the act of June 1, 1956 (1955 P.L.1944,
41No.655), referred to as the Liquid Fuels Tax Municipal
42Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
43Turnpike) and 95 (relating to taxes for highway maintenance and
46BRIDGE BUNDLING PROGRAM
499302. Bundling authorization.
509303. Bridge Bundling Program.
519304. Special exceptions.
1§ 9301. Definitions.
14"Program." The Bridge Bundling Program.
15§ 9302. Bundling authorization.
16Notwithstanding any other law, the department is authorized
17to bundle the design and construction of bridges owned by the
18Commonwealth or an instrumentality of the Commonwealth or a
19local government as provided under this chapter.
20§ 9303. Bridge Bundling Program.
29(1) Are within geographical proximity to each other.
30(2) Are of similar size or design.
40(3) Following receipt of notification from the
41department, the governing body of a local government shall
42have 60 days to agree or refuse to participate in the
43program. Failure to respond in writing within 60 days shall
44be considered a refusal to participate in the program.
45(4) Based on the response from local governments under
46paragraph (3), the department shall make a determination of
47bridges to be designed and constructed under the program and
48provide a list of the bridges to the appropriate planning
50(4.1) A determination shall not be:
51(i) considered to be an adjudication under 2 Pa.C.S.
4(ii) appealable to the department or a court of law.
5(5) The following shall apply:
6(i) A local government that agrees to participate in
7the program for one or more of its bridges shall enter
8into an agreement with the department. The agreement
9shall define the department's responsibility for the
10design and construction of the bridges and the continuing
11ownership and maintenance responsibilities of the local
12government for the bridges replaced or rehabilitated
13under the program.
29§ 9304. Special exceptions.
32(1) A local government that participates in the program
33shall be eligible for a reduction of up to 100%, as
34determined by the secretary, of its share of local costs
35associated with the design and construction of the bridge
36determined to be eligible for the program by the secretary.
37(2) A local government that refuses to participate, or
38has been deemed to have refused to participate, in the
39program after receiving notification from the department
40under section 9303(d) (relating to Bridge Bundling Program)
41shall be responsible for 30% of the non-Federal share of the
42costs incurred with respect to the local government's bridges
43replaced or rehabilitated under programs other than the
44program established in this chapter.
46PUBLIC UTILITY FACILITIES
49§ 9501. Adjustment.
50(a) General rule.--The following shall apply:
51(1) If, in the construction, reconstruction, widening or
1relocation of a State highway, bridge or tunnel or a part of
2a State highway, bridge or tunnel, it becomes necessary, in
3the opinion of the department, to change, alter, adjust or
4relocate a water line or sanitary sewer owned and operated by
5a public utility, as defined in 66 Pa.C.S. § 102 (relating to
6definitions), the department may make the change, alteration,
7adjustment or relocation as may be required as a part of the
8construction, reconstruction, widening or relocation.
9(2) In addition to paragraph (1), the department may
10also enter into agreements with the public utility for the
11sharing of costs of the change, alteration, adjustment or
12relocation. If, in the opinion of the department, the costs
13should be shared by the department and a public utility and
14the department is unable to agree with the public utility to
15a division of costs, the department may proceed with the work
16and petition the Pennsylvania Public Utility Commission for a
17determination of the costs to be borne by each party.
18(b) Declaration of policy.--A public utility under
19subsection (a) shall be entitled to a reimbursement in a similar
20manner as a city, borough, incorporated town, township and
21municipal authority under section 412.1 of the act of June 1,
221945 (P.L.1242, No.428), known as the State Highway Law.
279602. Prequalification of bidders.
28§ 9601. Definitions.
34"QP1 certification." A painting contractor approval that
35evaluates a contractor who performs surface preparation and
36industrial coating application on steel structures in the field
37to confirm the contractor's ability to provide quality work in
38accordance with applicable safety, health and environmental
40"QP2 certification." A painting contractor approval that
41evaluates a contractor's ability to perform industrial hazardous
42paint removal in a field operation to confirm the contractor's
43ability to provide quality work in accordance with applicable
44safety, health and environmental standards.
47§ 9602. Prequalification of bidders.
48(a) Establishment.--Notwithstanding any other provision of
49law, the department shall establish procedures to authorize
50third parties to prequalify competent and responsible bidders
51for high performance and conventional steel painting for highway
1and bridge projects.
2(b) Certification.--Bidders eligible for prequalification
3under subsection (a) shall have obtained a QP1 certification or
4QP2 certification, as appropriate, as developed by the Society
5for Protective Coatings, formerly known as the Steel Structures
6Painting Council, or other certification that is substantially
7equivalent to a QP1 or QP2 certification, as determined by the
13(d) Suspension or debarment.--Nothing under this section
14shall prevent the department from suspending or debarring a
15contractor, under the terms and conditions set forth in 67 Pa.
16Code §§ 457.13 (relating to suspension or debarment) and 457.14
17(relating to debarment appeals procedure), that has been
18prequalified by a third party under this section.
21§ 1307. Period of registration.
22* * *
23(f) Optional permanent trailer registration.--[The] Except
24as set forth in section 1920(c) (relating to trailers), the
25registration of trailers permanently registered as provided in
26section 1920(c) [(relating to trailers)] shall expire upon
27salvaging of the vehicle or transfer of ownership.
28(g) Election.--Upon application on a form prescribed by the
29department, the owner or lessee of a motor vehicle, except a
30motor vehicle registered under the International Registration
31Plan and a motor vehicle with a seasonal registration or a
32circus or carnival plate, may elect to pay an annual
33registration fee for a two-year period. The fee shall be two
34times the amount of the registration fee otherwise payable for
35the motor vehicle under this title.
38§ 1332. Display of registration plate.
39* * *
43Section 20. Section 1353 of Title 75 is amended to read:
44§ 1353. Preserve our heritage registration plate.
45The department, in consultation with the Pennsylvania
46Historical and Museum Commission, shall design a special
47preserve our heritage registration plate. Upon receipt of an
48application, accompanied by a fee of [$35] $54 which shall be in
49addition to the annual registration fee, the department shall
50issue the plate for a passenger car, motor home, trailer or
51truck with a registered gross weight of not more than 10,000
3Section 21. Section 1354 of Title 75 is repealed:
4[§ 1354. Flagship Niagara commemorative registration plate.
5(a) Plate.--The department, in consultation with the
6Pennsylvania Historical and Museum Commission, shall design a
7Flagship Niagara commemorative registration plate. Upon
8application of any person, accompanied by a fee of $35 which
9shall be in addition to the annual registration fee, the
10department shall issue the plate for a passenger car, motor
11home, trailer or truck with a registered gross weight of not
12more than 10,000 pounds.
13(b) Use of fee.--Of each fee paid under subsection (a), $15
14shall be deposited into the Flagship Niagara Account, which is
15established as a special account in the Historical Preservation
16Fund of the Pennsylvania Historical and Museum Commission. The
17commission shall administer the account as follows:
23Section 22. Section 1355 of Title 75 is amended to read:
24§ 1355. Zoological plate.
25The department, in consultation with the Pennsylvania
26Zoological Council, shall design a special zoological
27registration plate. Upon application of any person, accompanied
28by a fee of [$35] $54 which shall be in addition to the annual
29registration fee, the department shall issue the plate for a
30passenger car, motor home, trailer or truck with a registered
31gross weight of not more than 10,000 pounds. The Zoological
32Enhancement Fund shall receive $15 of the fee paid by the
33applicant for the plate.
36§ 1550. Judicial review.
37* * *
39* * *
40(2) In any proceeding under this section, documents
41received by the department from any other court or from an
42insurance company shall be admissible into evidence to
43support the department's case. In addition, if the department
44receives information from a court by means of electronic
45transmission or from an insurance company which is complying
46with its obligation under Subchapter H of Chapter 17
47(relating to proof of financial responsibility) by means of
48electronic transmission, it may certify that it has received
49the information by means of electronic transmission, and that
50certification shall be prima facie proof of the adjudication
51and facts contained in such an electronic transmission.
1Section 24. Sections 1553(c), 1554(c), 1617, 1786(d), 1903,
21904, 1911, 1913, 1916(a), 1917, 1918, 1920(a) and (c), 1921,
31922, 1924, 1925, 1926(a) (b) and (c), 1926.1, 1927, 1928, 1929,
41930, 1931, 1931.1, 1932 and 1933 of Title 75 are amended to
6§ 1553. Occupational limited license.
7* * *
11* * *
12§ 1554. Probationary license.
13* * *
14(c) Fee.--The fee for applying for a probationary license
15shall be [$25] $35. The fee shall be nonrefundable. The annual
16fee for issuance of a probationary license shall be [$50] $75,
17plus the cost of the photograph required in section 1510(a)
18(relating to issuance and content of driver's license), which
19shall be in addition to all other licensing fees.
20* * *
21§ 1617. Fees.
22Fees relating to commercial drivers' licenses to be collected
23by the department under this chapter shall be in addition to any
24other fees imposed under the provisions of this title and are as
28(2) In addition to any other restoration fee required by
29this title, an additional restoration fee of [$50] $100 shall
30be assessed and collected before reinstating a commercial
31driver's operating privilege following a suspension or
32revocation under this title or disqualification under this
34(3) If the commercial driving privilege of a driver is
35disqualified, a Class C noncommercial or M license, if the
36driver possesses the motorcycle qualification, may be
37obtained upon payment of the fees associated with obtaining a
39(4) An additional fee of [$10] $15 shall be imposed for
40the initial issuance or renewal of a commercial driver's
41license with an "H" or "X" endorsement, in addition to the
42cost of a criminal history background check as required by
43the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat.
45§ 1786. Required financial responsibility.
46* * *
47(d) Suspension of registration and operating privilege.--
48(1) The Department of Transportation shall suspend the
49registration of a vehicle for a period of three months if it
50determines the required financial responsibility was not
51secured as required by this chapter and shall suspend the
1operating privilege of the owner or registrant for a period
2of three months if the department determines that the owner
3or registrant has operated or permitted the operation of the
4vehicle without the required financial responsibility. The
5operating privilege shall not be restored until the
6restoration fee for operating privilege provided by section
71960 (relating to reinstatement of operating privilege or
8vehicle registration) is paid.
9(1.1) In lieu of serving a registration suspension
10imposed under this section, an owner or registrant may pay to
11the department a civil penalty of $500, the restoration fee
12prescribed under section 1960 and furnish proof of financial
13responsibility in a manner determined by the department. An
14owner or registrant may exercise this option no more than
15once in a 12-month period.
16(2) Whenever the department revokes or suspends the
17registration of any vehicle under this chapter, the
18department shall not restore or transfer the registration
19until the suspension has been served or the civil penalty has
20been paid to the department and the vehicle owner furnishes
21proof of financial responsibility in a manner determined by
22the department and submits an application for registration to
23the department, accompanied by the fee for restoration of
24registration provided by section 1960. This subsection shall
25not apply in the following circumstances:
26(i) The owner or registrant proves to the
27satisfaction of the department that the lapse in
28financial responsibility coverage was for a period of
29less than 31 days and that the owner or registrant did
30not operate or permit the operation of the vehicle during
31the period of lapse in financial responsibility.
32(ii) The owner or registrant is a member of the
33armed services of the United States, the owner or
34registrant has previously had the financial
35responsibility required by this chapter, financial
36responsibility had lapsed while the owner or registrant
37was on temporary, emergency duty and the vehicle was not
38operated during the period of lapse in financial
39responsibility. The exemption granted by this paragraph
40shall continue for 30 days after the owner or registrant
41returns from duty as long as the vehicle is not operated
42until the required financial responsibility has been
44(iii) The insurance coverage has terminated or
45financial responsibility has lapsed simultaneously with
46or subsequent to expiration of a seasonal registration,
47as provided in section 1307(a.1) (relating to period of
1provided for in cases of the suspension of vehicle
2registration for other purposes. The filing of the appeal
3shall act as a supersedeas, and the suspension shall not be
4imposed until determination of the matter as provided in
5section 1377. The court's scope of review in an appeal from a
6vehicle registration suspension shall be limited to
10(ii) there has been either notice to the department
11of a lapse, termination or cancellation in the financial
12responsibility coverage as required by law for that
13vehicle or that the owner, registrant or driver was
14requested to provide proof of financial responsibility to
15the department, a police officer or another driver and
16failed to do so. Notice to the department of the lapse,
17termination or cancellation or the failure to provide the
18requested proof of financial responsibility shall create
19a presumption that the vehicle lacked the requisite
20financial responsibility. This presumption may be
21overcome by producing clear and convincing evidence that
22the vehicle was insured at all relevant times.
23(4) Where an owner or registrant's operating privilege
24has been suspended under this subsection, the owner or
25registrant shall have the same right of appeal under section
261550 (relating to judicial review) as provided for in cases
27of suspension for other reason. The court's scope of review
28in an appeal from an operating privilege suspension shall be
29limited to determining whether:
32(ii) the owner or registrant operated or permitted
33the operation of the same vehicle when it was not covered
34by financial responsibility. The fact that an owner,
35registrant or operator of the motor vehicle failed to
36provide competent evidence of insurance or the fact that
37the department received notice of a lapse, termination or
38cancellation of insurance for the vehicle shall create a
39presumption that the vehicle lacked the requisite
40financial responsibility. This presumption may be
41overcome by producing clear and convincing evidence that
42the vehicle was insured at the time that it was driven.
43(5) An alleged lapse, cancellation or termination of a
44policy of insurance by an insurer may only be challenged by
45requesting review by the Insurance Commissioner pursuant to
46Article XX of the act of May 17, 1921 (P.L.682, No.284),
47known as The Insurance Company Law of 1921. Proof that a
48timely request has been made to the Insurance Commissioner
49for such a review shall act as a supersedeas, staying the
50suspension of registration or operating privilege under this
51section pending a determination pursuant to section 2009(a)
7* * *
8§ 1903. Limitation on local license fees and taxes.
9[No] Except as set forth in section 1935 (relating to fee for
10local use), no municipality shall require or collect any
11registration or license fee or tax for any vehicle or driver's
12license from any person.
13§ 1904. Collection and disposition of fees and moneys.
14[The] (a) General rule.--Except as provided under this
15section, the department shall collect all fees payable under
16this title and all other moneys received in connection with the
17administration of this title and transmit them to the State
18Treasurer for deposit in the Motor License Fund. Moneys paid in
19error may be refunded by the department.
20(b) Disposition.--Fees collected under sections 1951(c)
21(relating to driver's license and learner's permit), 1952
22(relating to certificate of title), 1953 (relating to security
23interest), 1955 (relating to information concerning drivers and
24vehicles), 1956 (relating to certified copies of records) and
251958 (relating to certificate of inspection) shall be
26transmitted to the State Treasurer for deposit in the following
28(1) For fiscal year 2013-2014:
29(i) 33.9% to the Public Transportation Trust Fund;
32(iii) 35.4% to the Motor License Fund.
33(1.1) For fiscal year 2014-2015:
34(i) 43.9% to the Public Transportation Trust Fund;
35(ii) 23% to the Multimodal Transportation Fund; and
36(iii) 33.1% to the Motor License Fund.
37(2) For fiscal years 2015-2016 and 2016-2017:
38(i) 66.6% to the Public Transportation Trust Fund;
39(ii) 23% to the Multimodal Transportation Fund; and
40(iii) 10.4% to the Motor License Fund.
41(3) For fiscal years beginning after June 30, 2017:
42(i) 77% to the Public Transportation Trust Fund; and
43(ii) 23% to the Multimodal Transportation Fund.
44(c) Automatic adjustments.--
45(1) Except as provided under paragraph (2), for the 24-
46month period beginning July 1, 2015, through June 30, 2017,
47and for each like 24-month period thereafter, all fees
48charged under this title shall be increased by an amount
49calculated by applying the percentage change in the Consumer
50Price Index for All Urban Consumers (CPI-U) for the most
51recent 24-month period, calculated from the first day of
1March through the last day of February, beginning on the date
2the fees charged under this title were last increased and for
3which figures have been officially reported by the United
4States Department of Labor, Bureau of Labor Statistics,
5immediately prior to the date the adjustment is due to take
6effect, to the then current fee amounts authorized. If a fee
7is increased under this paragraph and results in a fee which
8is less than a whole dollar, the following apply:
14(2) Fees charged under sections 1916 (relating to trucks
15and truck tractors), 1917 (relating to motor buses and
16limousines) and 1918 (relating to school buses and school
17vehicles) shall be increased on July 1, 2019, for the period
18beginning on July 1, 2019, through June 30, 2021, and for
19each like 24-month period thereafter in the same manner and
20with the same requirements prescribed under paragraph (1). If
21a fee is increased in accordance with this paragraph and
22results in a fee which is less than a whole dollar, the fee
23shall be rounded to the nearest whole dollar.
24§ 1911. [Annual registration] Registration fees.
25(a) General rule.--[An annual] A fee for the registration of
26vehicles as provided in Chapter 13 (relating to the registration
27of vehicles) shall be charged by the department as provided in
29(b) Department to establish certain fees.--If a vehicle to
30be registered is of a type not specifically provided for by this
31title and is otherwise eligible for registration, the department
32shall determine the most appropriate fee or fee schedule for the
33vehicle or type of vehicle based on such factors as design and
35§ 1913. Motor homes.
Weight in Pounds
8,000 or less
[$45] $ 65
8,001 - 11,000
11,001 or more
44§ 1916. Trucks and truck tractors.
45(a) General rule.--
Gross or Combination
Weight in Pounds
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
8(2) A portion of the registration fee for any truck or
9truck tractor in Classes 9 through 25 shall be deposited in
10the Highway Bridge Improvement Restricted Account within the
11Motor License Fund according to the following table:
Amount Deposited in
Highway Bridge Improvement
19* * *
20§ 1917. Motor buses and limousines.
2526 or less
$ 9 per seat
2627 - 51
234 plus $11.25 per seat
in excess of 26
2852 or more
30(1) If the seating capacity is less than 27:
31(i) For fiscal year 2013-2014, $9 per seat.
32(ii) For fiscal year 2014-2015, $10 per seat.
33(iii) For fiscal year 2015-2016, $11 per seat.
34(iv) For fiscal year 2016-2017, $12 per seat.
49(3) If the seating capacity is more than 51:
50(i) For fiscal year 2013-2014, $540.
51(ii) For fiscal year 2014-2015, $600.
1(iii) For fiscal year 2015-2016, $660.
2(iv) For fiscal year 2016-2017, $720.
5§ 1918. School buses and school vehicles.
8(1) For fiscal year 2013-2014, $24.
9(2) For fiscal year 2014-2015, $27.
10(3) For fiscal year 2015-2016, $30.
11(4) For fiscal year 2016-2017, $33.
12(5) For fiscal years beginning after June 30, 2017, $35.
13§ 1920. Trailers.
18Weight in Pounds
193,000 or less
203,001 - 10,000
2110,001 or more
22* * *
23(c) Optional permanent registration.--
32§ 1921. Special mobile equipment.
35§ 1922. Implements of husbandry.
39§ 1924. Farm vehicles.
43(b) Certificate of exemption.--The biennial processing fee
44for a certificate of exemption issued in lieu of registration of
45a farm vehicle shall be determined by the type of certificate
46issued and the gross weight or combination weight or weight
47rating according to the following table:
Weight in pounds
10,000 or less
greater than 10,000 and
not exceeding 17,000
greater than 17,000
greater than 17,000
3§ 1925. Ambulances, taxis and hearses.
6§ 1926. Dealers and miscellaneous motor vehicle business.
16* * *
17§ 1926.1. Farm equipment vehicle dealers.
21§ 1927. Transfer of registration.
22The fee for transfer of registration shall be [$6] $9.
25The fee payable by a dealer or other dispensing agent for a
26temporary registration plate or for a registration plate to be
27issued for new registration processed electronically with the
28department shall be [$5] $14. The charge of the agent for
29providing an applicant with a plate under this section shall not
30exceed a total of [$10] $14.
31§ 1929. Replacement registration plates.
34§ 1930. Legislative registration plates.
35The fee for issuance of a legislative registration plate
36shall be [$20] $76 which shall be in addition to the annual
37registration fee. Only one payment of the issuance fee shall be
38charged for each legislative registration plate issued or
40§ 1931. Personal registration plates.
41The fee for issuance of a personal registration plate shall
42be [$20] $76 which shall be in addition to the annual
43registration fee. Only one payment of the issuance fee shall be
44charged for each personal registration issued or replaced.
45§ 1931.1. Street rod registration plates.
46The fee for the issuance of a street rod registration plate
47shall be [$20] $51 which shall be in addition to the annual
48registration fee. Only one payment of the issuance fee shall be
49charged for each street rod registration plate issued or
51§ 1932. Duplicate registration cards.
1The fee for each duplicate registration card when ordered at
2the time of vehicle registration, the transfer or renewal of
3registration or the replacement of a registration plate shall be
4[$1.50] $2. The fee for each duplicate registration card issued
5at any other time shall be [$4.50] $6.
6§ 1933. Commercial implements of husbandry.
10Section 25. Title 75 is amended by adding a section to read:
11§ 1935. Fee for local use.
12(a) Establishment of fund.--A special fund is established
13within the State Treasury to be known as the Fee for Local Use
14Fund. Money in the fund is appropriated to the department for
15the purposes set forth in this section.
16(b) Levy.--Beginning after December 31, 2014, a county may,
17in its discretion, by ordinance, impose a fee of $5 for each
18vehicle registered to an address located in the county. A county
19shall notify the department of the passage of the ordinance 90
20days prior to the effective date of the ordinance.
24(d) Distribution.--Money paid into the Fee for Local Use
25Fund shall be distributed by the department to each
26participating county in accordance with the amounts collected
27from the county. Funds payable to a county under this section
28shall be added to funds payable to the county under section
299010(b) (relating to disposition and use of tax) and shall be
30allocated by the county in accordance with section 9010(c).
34§ 1942. Special hauling permits as to weight and size.
46* * *
47§ 1943. Annual hauling permits.
48(a) Quarry equipment and machinery.--The annual fee for
49operation or movement of each piece of heavy quarry equipment or
50machinery, as provided for in section 4966 (relating to permit
51for movement of quarry equipment), shall be [$500] $706.
1(c) Course of manufacture.--The annual fee for operation or
2movement of loads or vehicles, as provided for in section 4968
3(relating to permit for movement during course of manufacture),
4shall be as follows:
5(1) Oversized movements:
10(2) Overweight movements:
20(d) Multiple highway crossings.--The annual fee for a single
21permit for multiple highway crossings, as provided for in
22section 4965 (relating to single permits for multiple highway
23crossings), shall be [$300] $415.
24(e.1) Special mobile equipment.--The annual fee for hauling
25or towing each piece of special mobile equipment, as provided
26for in section 4975 (relating to permit for movement of special
27mobile equipment), shall be [$200] $300.
28(f) Containerized cargo.--The annual company fee for
29movement of any combination with overweight containerized cargo
30as provided for in section 4974 (relating to permit for movement
31of containerized cargo) shall be:
42(g) Domestic animal feed.--The annual fee for movement of
43each vehicle hauling domestic animal feed, in bulk, as provided
44for in section 4976 (relating to permit for movement of domestic
45animal feed) shall be [$400] $587.
2(i) Live domestic animals.--The annual permit fee for each
3truck tractor authorized to transport live domestic animals, as
4provided in section 4976.1 (relating to permit for movement of
5live domestic animals), shall be [$400] $520.
6(j) Building structural components.--The permit fee for each
7truck tractor authorized to transport building structural
8components, as provided in section 4978 (relating to permit for
9movement of building structural components), shall be [$100]
10$141 for each month the permit is valid.
11(k) Utility construction equipment.--The permit fee for
12utility construction equipment, as provided for in section
134970(a) (relating to permit for movement of construction
14equipment), shall be [$100] $141 for each month the permit is
16(l) Particleboard or fiberboard.--The annual fee for
17movement of particleboard or fiberboard, as provided for in
18section 4979 (relating to permit for movement of particleboard
19or fiberboard used for the manufacture of ready-to-assemble
20furniture), shall be [$800] $1,130.
24(1) [$800] $1,130 for a distance up to 50 miles.
27(n) Waste coal and beneficial combustion ash.--The annual
28fee for the movement of waste coal and beneficial combustion
29ash, as provided for in section 4979.2 (relating to permit for
30movement of waste coal and beneficial combustion ash), shall be
32(o) Float glass or flat glass.--The annual fee for the
33movement of float glass or flat glass, as provided for in
34section 4979.3 (relating to permit for movement of float glass
35or flat glass for use in construction and other end uses), shall
36be [$800] $1,209.
37(p) Self-propelled cranes.--The annual permit fee for each
38self-propelled crane, as provided for in section 4979.4
39(relating to permit for movement of self-propelled cranes),
40shall be as follows:
48(q.1) Nonhazardous liquid glue.--The annual fee for the
49movement of nonhazardous liquid glue, as provided for in section
504979.5 (relating to permit for movement of nonhazardous liquid
51glue), shall be [$800] $1,000.
4(r) Excess damage permit.--The annual fee for excess damage
5permits, as provided for in section 4961(d) (relating to
6authority to issue permits), shall be [$500] $640 to cover the
7costs of administering the permit and inspections of the
11The fee for a special hauling permit for a mobile home,
12modular housing unit or modular housing undercarriage which
13exceeds the maximum size prescribed in this title but which does
14not exceed 14 feet in body width shall be [$25] $39. The fee for
15a special hauling permit for a mobile home or modular housing
16unit, as provided in section 4973 (relating to permits for
17movement of a mobile home or a modular housing unit and modular
18housing undercarriage), shall be [$50] $76.
19§ 1945. Books of permits.
20* * *
24§ 1947. Refund of certain fees.
28§ 1951. Driver's license and learner's permit.
29* * *
35§ 1952. Certificate of title.
38(b) Manufacturer's or dealer's notification.--The fee for a
39manufacturer's or dealer's notification of acquisition of a
40vehicle from another manufacturer or dealer for resale pursuant
41to section 1113 (relating to transfer to or from manufacturer or
42dealer) shall be [$3] $5.
43§ 1953. Security interest.
46§ 1955. Information concerning drivers and vehicles.
47(a) Drivers, registrations, titles and security interests.--
51(2) If a Commonwealth agency has entered into a contract
1with a third party to deliver driver information to a person
2that has complied with section 6114(b)(5) (relating to
3limitation on sale, publication and disclosure of records),
4the department may impose an additional fee of up to $2 for
5the requested record.
6(3) Upon approval from the department, a person that has
7received the driver information from the third party under
8paragraph (2) that has complied with section 6114(b)(5) may
9provide the information, for a fee, to a third party for the
10same purposes contained in section 6114(b)(5) without the
11payment of any additional fees under this subsection to the
13(4) Except as provided in paragraph (3), a person that
14sells, publishes or discloses or offers to sell, publish or
15disclose the information received by the person under this
16subsection commits a summary offense and shall, upon
17conviction, be sentenced to pay a fine of not less than $500
18nor more than $1,000.
19(5) The department shall comply with the provisions of
20section 6114(d) with respect to the information of a driver
21under 18 years of age whose information is provided to any
22person under this subsection.
23* * *
24§ 1956. Certified copies of records.
25(a) Department records.--The fee for a certified copy of any
26department record which the department is authorized by law to
27furnish to the public shall be [$5] $22 for each form or
28supporting document comprising such record.
29(b) State Police reports.--The fee for a certified
30Pennsylvania State Police record of investigation of a vehicle
31accident which the Pennsylvania State Police are authorized by
32this title to furnish to the public shall be [$5] $22 for each
33copy of the Pennsylvania State Police full report of
35§ 1957. Uncollectible checks.
36Whenever any check issued in payment of any fee or for any
37other purpose is returned to the department or a municipality
38as uncollectible, the department or municipality shall charge a
39fee of [$10] $38 for each driver's license, registration,
40replacement of tags, transfer of registration, certificate of
41title, whether original or duplicate, special hauling permit and
42each other unit of issue by the department or municipality, plus
43all protest fees, to the person presenting the check, to cover
44the cost of collection.
45§ 1958. Certificate of inspection.
46(a) General rule.--The department shall charge [$2] $5 for
47each annual certificate of inspection [and $1], $3 for each
48semiannual certificate of inspection and $2 for each certificate
50§ 1959. Messenger service.
51(a) Annual registration.--The annual fee for registration of
13The department shall charge a fee of [$25] $70 or, if section
141379 (relating to suspension of registration upon sixth unpaid
15parking violation in cities of the first class) or 1786(d)
16(relating to required financial responsibility) applies, a fee
17of [$50] $88 to restore a person's operating privilege or the
18registration of a vehicle following a suspension or revocation.
19§ 1961. Secure power of attorney.
23Section 27. (Reserved).
28* * *
31* * *
32(d) Operation without identification markers unlawful.--
33Except as provided in paragraphs (2) and (3), it shall be
34unlawful to operate or to cause to be operated in this
35Commonwealth any qualified motor vehicle unless the vehicle
36bears the identification markers required by this section or
37valid and unrevoked IFTA identification markers issued by
38another IFTA jurisdiction.
39* * *
40(2) For a period not exceeding 30 days as to any one
41motor carrier, the Secretary of Revenue by letter or telegram
42may authorize the operation of a qualified motor vehicle or
43vehicles without the identification markers required when
44both the following are applicable:
12(3) A motor carrier may, in lieu of paying the tax
13imposed and filing the tax report required by Chapter 96 and
14in lieu of complying with any other provisions of this
15section that would otherwise be applicable as a result of the
16operation of a particular qualified motor vehicle, obtain
17from the Department of Revenue a trip permit authorizing the
18carrier to operate the qualified motor vehicle for a period
19of five consecutive days. The Department of Revenue shall
20specify the beginning and ending days on the face of the
21permit. The fee for a trip permit for each qualified motor
22vehicle is [$50] $73 which shall be deposited in the Highway
23Bridge Improvement Restricted Account within the Motor
24License Fund. The report otherwise required under Chapter 96
25is not required with respect to a vehicle for which a trip
26permit has been issued under this subsection.
27* * *
28Section 29. (Reserved).
29Section 30. (Reserved).
32§ 3111. Obedience to traffic-control devices.
33* * *
35(1) A person who violates this section commits a summary
36offense and shall, upon conviction, pay a fine of $150. No
37other costs or surcharges, including those described in 42
38Pa.C.S. § 1725.1 (relating to costs) and section 6506
39(relating to surcharge), shall be assessed or imposed upon a
40conviction under this paragraph.
50* * *
51Section 32. Sections 3362(a) and (c) and 3363 of Title 75
1are amended to read:
2§ 3362. Maximum speed limits.
3(a) General rule.--Except when a special hazard exists that
4requires lower speed for compliance with section 3361 (relating
5to driving vehicle at safe speed), the limits specified in this
6section or established under this subchapter shall be maximum
7lawful speeds and no person shall drive a vehicle at a speed in
8excess of the following maximum limits:
9(1) 35 miles per hour in any urban district.
15(i) is not a numbered traffic route; and
18(2) 55 miles per hour in other locations.
21* * *
30(2) Any person exceeding the maximum speed limit by more
31than five miles per hour shall pay an additional fine of $2
32per mile for each mile in excess of five miles per hour over
33the maximum speed limit.
34§ 3363. Alteration of maximum limits.
35On highways under their respective jurisdictions, local
36authorities subject to section 6109(e) (relating to specific
37powers of department and local authorities) or the department,
38upon the basis of an engineering and traffic investigation, may
39determine that the maximum speed permitted under this subchapter
40is greater or less than is reasonable and safe under the
41conditions found to exist upon any such highway or part thereof
42and establish a reasonable and safe maximum limit. The maximum
43speed limit may be made effective at all times or at times
44indicated and may vary for different weather conditions and
45other factors bearing on safe speeds. No maximum speed greater
46than 55 miles per hour shall be established under this section
47except on highways listed in section 3362(a)(1.1) (relating to
48maximum speed limits), where the maximum speed for all vehicles
49shall not be greater than  70 miles per hour.
1§ 4902. Restrictions on use of highways and bridges.
2(a) Restrictions based on condition of highway or bridge.--
3(1) The Commonwealth and local authorities with respect
4to highways and bridges under their jurisdictions may
5prohibit the operation of vehicles and may impose
6restrictions as to the weight or size of vehicles operated
7upon a highway or bridge only when they determine by
8conducting an engineering and traffic study as provided for
9in department regulations that the highway or bridge may be
10damaged or destroyed unless use by vehicles is prohibited or
11the permissible size or weight of vehicles is reduced.
15(3) The department may issue a statement of policy,
16which shall take effect upon publication in the Pennsylvania
17Bulletin, adopting an appropriate methodology to provide
18letters of local determination that identify particular
19vehicles, routes or uses as local in nature.
20(4) The methodology under paragraph (3) may allow for
21exemptions from 67 Pa. Code Ch. 189 (relating to hauling in
22excess of posted weight limit) related to at-risk industry
23sectors experiencing a 20% decline in Statewide employment
24between March 2002 and March 2011, as determined by the
25Department of Labor and Industry.
26(5) The exemptions and related requirements under
27paragraph (4) may remain in existence only until December 31,
282018. Exemptions for local delivery or pickup may not include
29traffic going to or coming from a site at which minerals,
30natural gas or natural resources are developed, harvested or
31extracted, notwithstanding whether the site is located at a
32residence, a commercial site or on farmland. Delivery or
33pickup of logs or other forest products to or from permanent
34processing mills located on or reachable only through posted
35highways shall be considered local delivery or pickup.
36* * *
37(c) Permits and security.--
38(1) The Commonwealth and local authorities may issue
39permits for movement of vehicles of size and weight in excess
40of restrictions promulgated under subsections (a) and (b)
41with respect to highways and bridges under their jurisdiction
42and may require such [undertaking] agreement or security as
43they deem necessary to cover the cost of repairs and
44restoration necessitated by the permitted movement of
45vehicles. In reference to subsection (a), the Commonwealth
46and local authorities shall not refuse to issue a permit with
47respect to a highway under their jurisdiction if there is no
48reasonable alternate route available. For purposes of this
49section, "reasonable alternate route" shall mean a route
50meeting the criteria set forth in department regulations
51relating to traffic and engineering studies.
9(iii) The department may establish a permit type
10allowing the posting authority to determine that damage
11to the posted highway covered by the permit will be
12minimal. This type of permit may include categories based
13on the number and kinds of loads expected, including a
14category providing that use of the posted highway under a
15single minimum use permit of less than 700 loads per year
16shall not require an agreement or security. The
17department may alter the 700 loads per year minimum use
18threshold if it determines the structural capacity of the
19State highways can accept a higher or lower amount of
20over-posted weight traffic. The department may express
21the threshold as a loads-per-day, loads-per-week or
26(v) The department shall exclude hauling related to
27unconventional oil and gas development from minimum use
28status based on its disproportionate and qualitatively
29different impact upon highways and bridges.
30(3) The department shall promulgate regulations to
31implement this section. During the two years immediately
32following the effective date of this section, the department
33may promulgate temporary regulations, which shall expire no
34later than three years following the effective date of this
35paragraph or upon promulgation of final regulations,
36whichever occurs first. Temporary regulations promulgated by
37the department under this paragraph shall not be subject to
38any of the following:
44* * *
46(i) Authority to conduct investigations and audits.--The
47Commonwealth and local authorities may conduct or cause to be
48conducted an investigation and audit of a person or entity to
49determine if there has been a violation of this section,
50pertinent regulation or agreement. Audits shall be limited to
51proper usage of letters of local determination and de minimis
1and minimum use permits.
2(j) Authority to suspend, revoke or deny permits.--The
3Commonwealth and local authorities may suspend, revoke or deny a
4permit and agreement if it is determined by the Commonwealth or
5a local authority that there has been a violation of this
6section, pertinent regulation or agreement, notwithstanding any
7other provision of this section.
10§ 4962. Conditions of permits and security for damages.
11* * *
12(f.3) Additional authorized travel periods.--With respect to
13oversized vehicles (over-length, over-width, or over-height), a
14permitted vehicle, combination or load may operate under a
15permit from sunrise to sunset every day of the week except as
23(4) As restricted by the permit.
24* * *
27§ 4968. Permit for movement during course of manufacture.
30* * *
31(3) aircraft refueling vehicles or vehicles and
32combinations carrying [raw] milk, raw coal, flat-rolled steel
33coils, steel slabs, hot ingots, a hot box, pulpwood and wood
34chips, raw water or cryogenic liquid which exceed the maximum
35weight specified in Subchapter C while they are in the course
36of manufacture and under contract with or under the direct
37control of the manufacturer, provided that they do not exceed
38the maximum height, width or length specified in Subchapter B
39unless they also qualify under paragraph (1), subject to the
40provisions in subsection (a.2).
42* * *
43(4) A combination of vehicles which is hauling [raw]
44milk to or from a manufacturer may be permitted by the
45department and local authorities to move upon highways within
46their respective jurisdictions 24 hours a day, seven days a
47week, except during inclement weather as defined in
48department regulations, if the gross weight does not exceed
4995,000 pounds and the weight of any nonsteering axle does not
50exceed 21,000 pounds. No permit may be issued for this type
51of movement upon an interstate highway. An application to the
3* * *
17"Milk." The term shall mean any of the following:
18(1) Bulk milk.
19(2) Evaporated milk.
20(3) Raw milk.
21(4) Condensed milk.
25Section 35. Section 6110 of Title 75 is amended to read:
26§ 6110. Regulation of traffic on Pennsylvania Turnpike.
27(a) General rule.--The provisions of this title apply upon
28any turnpike or highway under the supervision and control of the
29Pennsylvania Turnpike Commission unless specifically modified by
30rules and regulations promulgated by the commission which shall
31become effective only upon publication in accordance with law. A
32copy of the rules and regulations, so long as they are
33effective, shall be posted at all entrances to the turnpike or
34highway for the inspection of persons using the turnpike or
35highway. This section does not authorize the establishment of a
36maximum speed limit greater than 55 miles per hour, except that
37a 65-miles-per-hour or 70-miles-per-hour maximum speed limit for
38all vehicles may be established where the commission has posted
39a 65-miles-per-hour or 70-miles-per-hour speed limit.
40(a.1) Posting.--No maximum speed limit established under
41subsection [(a)(1) or (2)] (a) shall be effective unless posted
42on fixed or variable official traffic-control devices erected
43after each interchange on the portion of highway on which the
44speed limit is in effect and wherever else the commission shall
47(1) Except as otherwise provided in this subsection, any
48person violating any of the rules and regulations of the
49Pennsylvania Turnpike Commission for which no penalty has
50otherwise been provided by statute commits a summary offense
51and shall, upon conviction, be sentenced to pay a fine of
2[(2) Any person violating any of the rules and
3regulations of the commission prohibiting fare evasion or
4attempted fare evasion commits a summary offense and shall,
5upon conviction, be sentenced to pay a fine according to the
6classification by the commission of the vehicle driven by
7that person at the time of violation as follows:
8(i) Class 1 through 2: $100.
9(ii) Class 3 through 6: $500.
10(iii) Class 7 and higher: $1,000.
11(3) In addition to the fines imposed under this
12subsection, restitution shall be made to the commission in an
13amount equal to the full fare, for the appropriate vehicle
14class, from the farthest point of entry on the turnpike to
15the actual point of exit.]
18§ 6110.1. Fare evasion.
19(a) Penalty.--A person that violates a regulation of the
20Pennsylvania Turnpike Commission prohibiting fare evasion or
21attempted fare evasion commits a summary offense and shall, upon
22conviction, be sentenced to pay a fine according to the
23classification by the commission of the vehicle driven by that
24person at the time of violation as follows:
25(1) Class 1 through 2: $100.
26(2) Class 3 through 6: $500.
27(3) Class 7 and higher: $1,000.
28(b) Affirmative action.--A person that intentionally or
29knowingly takes an affirmative action in an attempt to evade
30tolls incurred for travel upon the Pennsylvania turnpike or a
31road under its control commits a misdemeanor of the third degree
32and shall, upon conviction, be sentenced to:
33(1) pay a fine of $3,000 for a first offense; and
36(c) Construction.--Prosecution of a violation of this
37section shall not preclude prosecution under section 1332
38(relating to display of registration plate), section 7122
39(relating to altered, forged or counterfeit documents and
40plates) or section 7124 (relating to fraudulent use or removal
41of registration plate).
42(d) Restitution.--In addition to the fines imposed under
43this section, restitution shall be made to the commission in an
44amount equal to the full fare, for the appropriate vehicle
45class, from the farthest point of entry on the turnpike to the
46actual point of exit.
16§ 6118. Municipal police officer education and training.
17Beginning July 1, 2014, and each year thereafter, the sum of
18$5,000,000 is appropriated annually to the Pennsylvania State
19Police from the Motor License Fund to make payments under 53
20Pa.C.S. § 2170 (relating to reimbursement of expenses)
21consistent with the requirements of section 11 of Article VIII
22of the Constitution of Pennsylvania. If money is not available
23to make full payments, the Municipal Police Officers' Education
24and Training Commission shall make payments on a pro rata basis.
25Section 35.2. Section 6506 of Title 75 is amended to read:
26§ 6506. Surcharge.
27(a) Levy and imposition.--In addition to any fines, fees or
28penalties levied or imposed as provided by law, under this title
29or any other statute, a surcharge shall be levied for
30disposition in accordance with subsection (b) as follows:
31(1) Upon conviction for any violation of the provisions
32of this title or other statute of the Commonwealth, or
33regulations promulgated under this title, which is a traffic
34violation and which is not included within the provisions of
35paragraphs (2) through (7), exclusive of parking offenses, a
36surcharge of [$30] $45.
51(ii) [$40] $60 for exceeding the maximum speed limit
1by 16 to 25 miles per hour.
4(5) Upon conviction for violation of section 4902
5(relating to restrictions on use of highways and bridges),
6Subchapter C of Chapter 49 (relating to maximum weights of
7vehicles) or Subchapter E of Chapter 49 (relating to
8measuring and adjusting vehicle size and weight), a surcharge
9of [$150] $225.
10(6) Upon conviction for violation of Chapter 47
11(relating to inspection of vehicles), by the owner or
12operator or driver of a vehicle which is subject to the
13provisions of Chapter 49 (relating to size, weight and load),
14a surcharge of [$30] $45.
15(7) Upon conviction of offenses under section 1543(b)
16(1.1) (relating to driving while operating privilege is
17suspended or revoked), 3802 (relating to driving under
18influence of alcohol or controlled substance) or 3808(a)(2)
19(relating to illegally operating a motor vehicle not equipped
20with ignition interlock), or upon admission to programs for
21Accelerated Rehabilitative Disposition for offenses
22enumerated in section 1543(b)(1.1), 3802 or 3808(a)(2), a
23surcharge, respectively, of:
24(i) [$50] $75 for the first offense.
25(ii) [$100] $150 for the second offense.
26(iii) [$200] $300 for the third offense.
33The provisions of this subsection shall not apply to any
34violation committed by the operator of a motorcycle, motor-
35driven cycle, pedalcycle, motorized pedalcycle or recreational
36vehicle not intended for highway use.
38(1) Notwithstanding any other statutory provision:
43(ii) All surcharges levied and collected under
44subsections (a)(2) through (7) by any division of the
45unified judicial system shall be remitted to the
46Commonwealth for deposit in the Pennsylvania
47Transportation Trust Fund.
48(iii) All surcharges levied and collected under
49subsection (a)(8) and (9) by any division of the unified
50judicial system shall be remitted to the appropriate
51towing and storage agent as set forth in section
16309.2(e) (relating to immobilization, towing and storage
2of vehicle for driving without operating privileges or
3registration) for purposes of funding its costs
4associated with Subchapter A of Chapter 63 (relating to
13§ 8901. Definitions.
17"Annual additional payments." As follows:
21(i) $200,000,000 paid as annual base payments;
22(ii) any Interstate 80 savings for that fiscal year.
23(2) If the conversion period has expired and a
24conversion notice has not been received by the secretary, in
25each subsequent fiscal year until the end of the term of the
26lease agreement, the annual additional payments shall be
27$250,000,000. No annual additional payments shall be due
28after fiscal year 2021-2022.
40* * *
43(1) $750,000,000 in fiscal year 2007-2008.
44(2) $850,000,000 in fiscal year 2008-2009.
45(3) $900,000,000 in fiscal year 2009-2010.
46(4) For fiscal year 2010-2011 [and each fiscal year
47thereafter] through fiscal year 2021-2022, the amount shall
48be the amount calculated for the previous year increased by
492.5%, except that the amount shall be equal to the annual
50base payments plus $250,000,000 if the conversion notice is
51not received by the secretary prior to the expiration of the
10§ 8915.6. Deposit and distribution of funds.
14(1) For fiscal year 2007-2008, $450,000,000.
15(2) For fiscal year 2008-2009, $500,000,000.
16(3) For fiscal year 2009-2010, $500,000,000.
22* * *
23Section 38. (Reserved).
24Section 39. (Reserved).
27§ 9002. Definitions.
31* * *
32"Average wholesale price." [The average wholesale price per
33gallon of all taxable liquid fuels and fuels, excluding the
34Federal excise tax and all liquid fuels taxes, as determined by
35the Department of Revenue for the 12-month period ending on the
36September 30 immediately prior to January 1 of the year for
37which the rate is to be set. In no case shall the average
38wholesale price be less than 90¢ nor more than $1.25 per
39gallon.] The average wholesale price of all taxable liquid fuels
40and fuels, excluding the Federal excise tax and all liquid fuels
41taxes shall be as follows:
46(3) After December 31, 2016, the average wholesale price
47shall be as determined by the Department of Revenue for the
4812-month period ending on the September 30 immediately prior
49to January 1 of the year for which the rate is to be set. In
50no case shall the average wholesale price be less than $2.99
1* * *
5§ 9004. Imposition of tax, exemptions and deductions.
6(a) [Liquid fuels and fuels tax.--A permanent State tax of
712¢ a gallon or fractional part thereof is imposed and assessed
8upon all liquid fuels and fuels used or sold and delivered by
9distributors within this Commonwealth.] (Reserved).
10(b) Oil company franchise tax for highway maintenance and
11construction.--[In addition to the tax imposed by subsection
12(a), the] The tax imposed by Chapter 95 (relating to taxes for
13highway maintenance and construction) shall [also] be imposed
14and collected on liquid fuels and fuels, on a cents-per-gallon
15equivalent basis, upon all gallons of liquid fuels and fuels [as
16are taxable under subsection (a)] used or sold and delivered by
17distributors within this Commonwealth.
20* * *
24* * *
27§ 9006. Distributor's report and payment of tax.
28* * *
29(b) Computation and payment of tax.--
30* * *
31(2) The discount under paragraph (1) shall not be
32computed on any tax imposed and remitted with respect to the
33oil company franchise tax imposed under sections 9004(b)
34(relating to imposition of tax, exemptions and deductions)
35and 9502 (relating to imposition of tax), except with respect
36to the oil company franchise tax imposed under section
379502(a)(5) (relating to imposition of tax).
38* * *
41§ 9010. Disposition and use of tax.
42(a) [Payment to Liquid Fuels Tax Fund.--One-half cent per
43gallon of the tax collected under section 9004(a) (relating to
44imposition of tax, exemptions and deductions) shall be paid into
45the Liquid Fuels Tax Fund of the State Treasury. The money paid
46into that fund is specifically appropriated for the purposes set
47forth in this chapter.] (Reserved).
48(b) Payment to counties.--
1counties of this Commonwealth on June 1 and December 1 of
2each year in the ratio that the average amount returned to
3each county during the three preceding years bears to the
4average amount returned to all counties during the three
6* * *
8* * *
9(3) The [remaining tax collected under section 9004(a),
10the] tax of 1 1/2¢ a gallon imposed and assessed on liquid
11fuels used or sold and delivered for use as a fuel in
12propeller-driven aircraft or aircraft engines, the tax of 1
131/2¢ a gallon on liquid fuels used or sold and delivered for
14use as a fuel in jet or turbojet-propelled aircraft or
15aircraft engines in lieu of other taxes, all penalties and
16interests and all interest earned on deposits of the Liquid
17Fuels Tax Fund shall be paid into the Motor License Fund.
18This money is specifically appropriated for the same purposes
19for which money in the Motor License Fund is appropriated by
23§ 9017. Refunds.
24* * *
25(c) Motorboats and watercraft.--
26(1) When the tax imposed by this chapter and section
279502(a)(5) (relating to imposition of tax) has been paid and
28the fuel on which the tax has been imposed has been consumed
29in the operation of motorboats or watercraft upon the waters
30of this Commonwealth, including waterways bordering on this
31Commonwealth, the full amount of the tax shall be refunded to
32the Boat Fund on petition to the board in accordance with
34* * *
39(a) Public work.--For locally funded highway and bridge
40projects, the term "public work" as used in the act of August
4115, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
42Wage Act, shall mean construction, reconstruction, demolition,
43alteration and repair work, other than maintenance work, done
44under contract and paid for in whole or in part out of the funds
45of a public body if the estimated cost of the total project is
46in excess of $100,000. The term shall not include work performed
47under a rehabilitation or manpower training program.
1entirely by funds:
2(1) paid to counties under section 9010(b) (relating to
3disposition and use of tax), including borrowed funds under
4section 9010(b)(2)(ii), whether expended by the county or
5allocated or apportioned to political subdivisions;
9(3) made available to municipalities from the Highway
10Bridge Improvement Restricted Account within the Motor
11License Fund for expenditure on bridge rehabilitation,
12replacement and removal projects pursuant to the act of
13December 8, 1982 (P.L. 848, No.235), known as the Highway-
14Railroad and Highway Bridge Capital Budget Act for 1982-1983,
15and its supplements;
16(4) awarded to municipalities as transportation
17enhancement grants under section 3116 (relating to automated
18red light enforcement systems in first class cities) or 3117
19(relating to automated red light enforcement systems in
34(2) To establish a dedicated and earmarked funding
35mechanism that provides streamlined appropriation to the
36county level and enables local officials to establish fiscal
37and environmental controls.
42(b) General rule.--Of the funds available under section
439502(a)(1) (relating to imposition of tax), [$1,000,000]
44$7,000,000 shall be annually distributed to the Department of
45Conservation and Natural Resources for the maintenance and
46mitigation of dust and sediment pollution from parks and
47forestry roads. Funds in the amount of [$4,000,000] $28,000,000
48shall be appropriated annually to the State Conservation
49Commission and administered in a nonlapsing, nontransferable
50account restricted to maintenance and improvement of dirt [and
51gravel], gravel and low-volume State and municipal roads. The
1State Conservation Commission shall apportion the funds based on
2written criteria it develops to establish priorities based on
3preventing dust and sediment pollution. In the first fiscal
4year, top priority shall be given to specific trouble spot
5locations already mapped by the Task Force on Dirt and Gravel
6Roads and available from the department. A minimum of $8,000,000
7of the total appropriated annually shall be for maintenance and
8improvement of low-volume roads.
9* * *
10§ 9301. Supplemental funding for municipal highway maintenance.
11(a) Annual appropriation.--The General Assembly shall
12annually appropriate, beginning with the 1980-1981 fiscal year,
13the sum of $5,000,000 for supplemental payments to
14municipalities to assist in the maintenance and construction
15costs of municipal roads. The moneys appropriated by authority
16of this section shall be distributed to municipalities in
17accordance with the provisions of the act of June 1, 1956 (1955
18P.L.1944, No.655), [entitled "An act providing a permanent
19allocation of a part of the fuels and liquids fuels tax proceeds
20to cities, boroughs, incorporated towns and townships, for their
21road, street and bridge purposes; conferring powers and imposing
22duties on local officers and the Department of Highways; and
23making an appropriation out of the Motor License Fund; and
24repealing existing legislation."] referred to as the Liquid
25Fuels Tax Municipal Allocation Law.
29(1) The distribution shall be in the ratio of:
37(c) Additional allocation to municipalities.--Commencing
38July 1, 2014, an amount of $30,000,000 is appropriated out of
39the Motor License Fund and shall be distributed to
40municipalities pursuant to the Liquid Fuels Tax Municipal
42§ 9502. Imposition of tax.
43(a) General rule.--
44(1) An "oil company franchise tax for highway
45maintenance and construction" which shall be an excise tax of
4660 mills is hereby imposed upon all liquid fuels and fuels as
47defined and provided in Chapter 90 (relating to liquid fuels
48and fuels tax), and such tax shall be collected as provided
49in section 9004(b) (relating to imposition of tax, exemptions
50and deductions). Of the amount collected in fiscal year 2015-
512016, and each fiscal year thereafter, $35,000,000 shall be
1deposited in the Multimodal Transportation Fund established
2under 74 Pa.C.S. § 2101 (relating to Multimodal
3Transportation Fund), to be expended in accordance with
4section 11 of Article VIII of the Constitution of
6(2) An additional 55 mills is hereby imposed on all
7liquid fuels and fuels as defined and provided in Chapter 90
8and such tax shall also be collected as provided in section
99004(b), the proceeds of which shall be distributed as
11(i) [Forty-two] Forty-five percent to county
12maintenance districts for highway maintenance for fiscal
13year 2013-2014, 29% for fiscal year 2014-2015, 25% for
14fiscal year 2015-2016 and 19% for fiscal year 2016-2017
15and each year thereafter. This allocation shall be made
16according to the formula provided in section 9102(b)(2)
17(relating to distribution of State highway maintenance
18funds). This allocation shall be made in addition to and
19not a replacement for amounts normally distributed to
20county maintenance districts under section 9102.
21(ii) [Seventeen percent for highway capital
22projects.] Fourteen percent for highway capital projects
23for fiscal year 2013-2014, 30% for fiscal year 2014-2015,
2434% for fiscal year 2015-2016 and 40% for fiscal year
252016-2017 and each year thereafter. Annually, until
26fiscal year 2023-2024, an amount equal to 15% of all
27appropriations to the department for highway and bridge
28capital programs shall be distributed at the discretion
29of the secretary from the amount distributed under this
31(iii) Thirteen percent for bridges.
46(vi) Fourteen percent for toll roads designated
47pursuant to the act of September 30, 1985 (P.L.240,
48No.61), known as the Turnpike Organization, Extension and
49Toll Road Conversion Act, to be appropriated under
51(3) An additional 38.5 mills is hereby imposed upon all
1liquid fuels and fuels as defined and provided in Chapter 90,
2and such tax shall also be collected as provided in section
39004(b), the proceeds of which shall be deposited in The
4Motor License Fund and distributed as follows:
5(i) Twelve percent to municipalities on the basis of
6and subject to the provisions of the act of June 1, 1956
7(1955 P.L.1944, No.655), referred to as the Liquid Fuels
8Tax Municipal Allocation Law, is appropriated.
38(J) For any fiscal year beginning with 1997-1998
39through and including fiscal year 2000-2001, the
40department shall make supplemental maintenance
41program payments from the Statewide highway
42restoration betterment program to those county
43maintenance districts for which the total highway
44maintenance appropriations and executive
45authorizations in accordance with section 9102(b)
46would be less than the amount received in 1996-1997
47from the highway maintenance appropriation, the
48Secondary Roads-Maintenance and Resurfacing Executive
49Authorization, the Highway Maintenance Excise Tax
50Executive Authorization and the Highway Maintenance
1The words and phrases used in this paragraph shall have the
2meanings given to them in section 9101 (relating to
3definitions). This one-time allocation shall be made in
4addition to and is not a replacement for amounts normally
5distributed to county maintenance districts under section
11(iii) Twenty percent to the department for expanded
12highway and bridge maintenance for fiscal year 2013-2014;
1339% for fiscal year 2014-2015 and 48% for each fiscal
14year thereafter to be distributed as follows:
23(4) An additional 55 mills is hereby imposed upon all
24fuels as defined and provided in chapter 90 and such tax
25shall also be collected as provided in section 9004(b) upon
26such fuels, the proceeds of which shall be deposited in The
27Highway Bridge Improvement Restricted Account within the
28Motor License Fund and is hereby appropriated.
29(5) An additional 64 mills in calendar year 2014, 49
30mills in calendar year 2015, 48 mills in calendar year 2016,
3141 mills in calendar year 2017 and 39 mills in each calendar
32year thereafter, is imposed upon all motor fuels as defined
33and provided in Chapter 90; and the tax shall also be
34collected as provided in section 9004(b) upon such fuels. The
35proceeds of the tax shall be deposited and distributed as
37(i) Four and seventeen hundredths percent to the
38Liquid Fuels Tax Fund of the State Treasury. The money
39paid into that fund is specifically appropriated for the
40purposes set forth in section 9010 (relating to
41disposition and use of tax).
42(ii) Ninety-five and eighty-three hundredths
43percent to the Motor License Fund. This money is
44specifically appropriated for the same purposes for which
45money in the Motor License Fund is appropriated by law.
46Twenty percent of the money under this subparagraph shall
47be allocated to municipalities in accordance with section
49* * *
1§ 9511. Allocation of proceeds.
2* * *
5(1) The amount of the proceeds deposited in the Motor
6License Fund pursuant to this chapter which[, in fiscal year
71983-1984,] is attributable to [two] three mills of the tax
8imposed under section 9502(a) (relating to imposition of tax)
9[and which, in fiscal year 1984-1985 and thereafter, is
10attributable to three mills of the tax,] shall be deposited
14(A) Twenty-seven million dollars shall be
15deposited in the State Highway Transfer Restoration
16Restricted Account within the Motor License Fund. The
17funds deposited in the State Highway Transfer
18Restoration Restricted Account shall be appropriated
19annually for expenditure as provided under subsection
21(B) All funds not deposited in accordance with
22clause (A) shall be deposited in the Highway Bridge
23Improvement Restricted Account within the Motor
24License Fund for local bridges, notwithstanding if
25the project is administered by a county, municipality
26or the department.
29(A) One and one-half mill shall be deposited in
30the State Highway Transfer Restoration Restricted
31Account within the Motor License Fund, which account
32is hereby created. The funds deposited in the State
33Highway Transfer Restoration Restricted Account are
34hereby annually appropriated out of the account upon
35authorization by the Governor for expenditure as
36provided in subsection (g).
37(B) One and one-half mill shall be deposited in
38the Highway Bridge Improvement Restricted Account
39within the Motor License Fund for local bridges,
40notwithstanding if the project is administered by a
41county, municipality or the department.
42(2) If funds are available to make payments under
43subsection (g)(1), the department may transfer funds
44deposited under paragraph (1)(i) and (ii) between the State
45Highway Transfer Restoration Restricted Account and the
46Highway Bridge Improvement Restricted Account at the
47discretion of the secretary.
48* * *
1fiscal year 2016-2017 and each fiscal year thereafter, is
2appropriated out of the Motor License Fund to replace,
3synchronize, time, operate and maintain traffic signals within
4traffic corridors consistent with 74 Pa.C.S. Ch. 92 (relating to
5traffic signals). The funds shall be used and allocated in
6accordance with the following:
7(1) During fiscal year 2014-2015, up to $10,000,000 is
8allocated to municipalities for upgrading traffic signals to
9light-emitting diode technology and for performing regional
10operations such as retiming, developing special event plans
11and monitoring traffic signals.
12(2) During fiscal year 2015-2016, up to $25,000,000
13shall be allocated to municipalities for upgrading traffic
14signals to light-emitting diode technology, performing
15regional operations such as retiming, developing special
16event plans and monitoring traffic signals and for
17maintaining and operating traffic signals.
18(3) During fiscal years 2016-2017 and each fiscal year
19thereafter, up to $40,000,000 shall be allocated to
20municipalities for upgrading traffic signals to light-
21emitting diode technology, performing regional operations
22such as retiming, developing special event plans and
23monitoring traffic signals and for maintaining and operating
29(5) The department shall establish guidelines for
30applications and approval of applications from municipalities
31for the financial assistance being provided. Applicants must
32enter into agreements provided for under 74 Pa.C.S. Ch. 92.
33Priority will be given to multi-municipal improvements.
34(g) Use of funds in the State Highway Transfer Restoration
35Restricted Account.--The funds appropriated in subsection (b)
36for deposit in the State Highway Transfer Restoration Restricted
37Account shall be used to pay for the costs of restoration of
38such highways as provided in Chapter 92 (relating to transfer of
39State highways) and annual payments to the municipalities for
40highway maintenance in accordance with the following:
41(1) Annual maintenance payments shall be at the rate of
42$4,000 per mile for each highway or portion of highway
43transferred under Chapter 92, section 222 of the act of June
441, 1945 (P.L.1242, No.428), known as the State Highway Law,
45or any statute enacted in 1981.
46(2) Annual maintenance payments shall be paid at the
47same time as funds appropriated under the act of June 1, 1956
48(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
49Municipal Allocation Law, except that no maintenance payment
50shall be paid for a highway until after the year following
51its transfer to the municipality.
4(4) Annual maintenance payments under this subsection
5shall be deposited into the municipality's liquid fuels tax
6account and may be used on any streets and highways in the
7municipality in the same manner and subject to the same
8restrictions as liquid fuels tax funds paid under the Liquid
9Fuels Tax Municipal Allocation Law or, in the case of a
10county, under section 10 of the act of May 21, 1931 (P.L.149,
11No.105), known as The Liquid Fuels Tax Act.
12* * *
13(i) Refund to Pennsylvania Fish and Boat Commission.--
14(1) When the tax imposed by section 9502(a) (relating to
15imposition of tax) has been paid and the fuel on which the
16tax has been imposed has been consumed in the operation of
17motorboats or watercraft upon the waters of this
18Commonwealth, including waterways bordering this
19Commonwealth, the full amount of the tax shall be refunded to
20the Boat Fund on petition to the Board of Finance and Revenue
21in accordance with prescribed procedures.
22(2) In accordance with the procedures, the Pennsylvania
23Fish and Boat Commission shall biannually calculate the
24amount of liquid fuels consumed by the motorcraft and furnish
25the information relating to its calculations and data as
26required by the Board of Finance and Revenue. The Board of
27Finance and Revenue shall review the petition and motorboat
28fuel consumption calculations of the commission, determine
29the amount of the oil company franchise tax paid and certify
30to the State Treasurer to refund annually to the Boat Fund
31the amount so determined. The department shall be accorded
32the right to appear at the proceedings and make its views
34(3) For the fiscal years commencing July 1, 2013, July
351, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the
36money under paragraph (2) shall be used by the commission
37acting by itself or by agreement with other Federal and State
38agencies only for the improvement of hazardous dams
39impounding waters of this Commonwealth on which boating is
40permitted, including the development and construction of
41boating areas and the dredging and clearing of water areas
42where boats can be used. The commission shall present its
43plan no later than September 30 of each year through
44September 30, 2017, to the chairman and minority chairman of
45the Transportation Committee and the chairman and minority
46chairman of the Game and Fisheries Committee of the Senate
47and the chairman and minority chairman of the Transportation
48Committee and the chairman and minority chairman of the Game
49and Fisheries Committee of the House of Representatives
50regarding the use of the funds. For the fiscal year
51commencing July 1, 2018, and for each fiscal year thereafter,
1this money shall be used by the commission acting by itself
2or by agreement with other Federal and State agencies only
3for the improvement of the waters of this Commonwealth on
4which motorboats are permitted to operate and may be used for
5the development and construction of motorboat areas; the
6dredging and clearing of water areas where motorboats can be
7used; the placement and replacement of navigational aids; the
8purchase, development and maintenance of public access sites
9and facilities to and on waters where motorboating is
10permitted; the patrolling of motorboating waters; the
11publishing of nautical charts in those areas of this
12Commonwealth not covered by nautical charts published by the
13United States Coast and Geodetic Survey or the United States
14Army Corps of Engineers and the administrative expenses
15arising out of the activities; and other similar purposes.
16Section 43. The following shall apply:
32Section 44. The General Assembly declares that the amendment
33of 75 Pa.C.S. § 4968(a.2)(4) shall not affect requirements of
34the Department of Transportation regarding the permit for the
35movement of raw milk found at 50A on pages 83 and 84 of
36Publication 31 of the Department of Transportation.
37Section 45. The Department of Transportation and the
38Pennsylvania Turnpike Commission may amend the lease agreement
39entered into by them pursuant to 75 Pa.C.S. § 8915.3 in order to
40conform the provisions of the lease to the amendments to the
41rights and obligations of the Department of Transportation and
42the Pennsylvania Turnpike Commission contained in this act.
43Section 46. The maximum principal amount of additional debt
44to be incurred under this act for capital projects specifically
45itemized in a capital project itemization act pursuant to
46section 7(a)(4) of Article VIII of the Constitution of
47Pennsylvania shall be $500,000,000. Debt shall be incurred in
48accordance with the act of February 9, 1999 (P.L.1, No.1), known
49as the Capital Facilities Debt Enabling Act, and the Motor
50License Fund shall be charged with the repayment of the debt.
51The net proceeds from the sale of obligations authorized in this
1section are appropriated to the Department of Transportation to
2be used exclusively to defray financial costs of capital
3projects specifically itemized in accordance with the Capital
4Facilities Debt Enabling Act. The money necessary to pay debt
5service or to pay arbitrage rebates required under section 148
6of the Internal Revenue Code of 1986 (Public Law 99-514, 26
7U.S.C. § 148) due on the obligations under this section in
8fiscal year 2013-2014 is appropriated to the State Treasurer
9from the Motor License Fund.
10Section 47. The sum of $1,000,000 is appropriated to the
11Department of Transportation from the Multimodal Transportation
12Fund for costs incurred by the department in the administration
13of the programs under 74 Pa.C.S. § 2401(a)(1).
14Section 48. This act shall take effect as follows:
17(i) This section.
18(ii) Sections 43, 44, 45 and 46 of this act.
19(iii) The addition of 74 Pa.C.S. Ch. 2.
20(iv) The amendment of 74 Pa.C.S. § 1504.
23(vi) The amendment of 74 Pa.C.S. § 1512.
28(ix) The addition of 74 Pa.C.S. § 1517.1.
29(x) The addition of 74 Pa.C.S. Ch. 21.
30(xi) The addition of 74 Pa.C.S. Ch. 59 Subch. C.
31(xii) The amendment of 74 Pa.C.S. § 8105(b)(2).
32(xiii) The addition of 74 Pa.C.S. Ch. 92.
33(xiv) The addition of 74 Pa.C.S. Ch. 93.
34(xv) The reenactment of 75 Pa.C.S. § 1550(d)(2).
43(xvii) The amendment of 75 Pa.C.S. § 8915.6.
44(xviii) The amendment of 75 Pa.C.S. § 9002.
51(ii) The amendment of 75 Pa.C.S. § 1307(f).
1(iii) The amendment of 75 Pa.C.S. § 1904.
2(iv) The amendment of 75 Pa.C.S. § 3111.
3(v) The amendment of 75 Pa.C.S. § 6506.
6(vii) The addition of 75 Pa.C.S. § 9024.
11(ii) The amendment of 75 Pa.C.S. § 2102.
16(ii) The amendment of 75 Pa.C.S. §§ 1353 and 1355.
21(iv) The amendment of 75 Pa.C.S. § 8901.
22(v) The amendment of 75 Pa.C.S. § 9106.
23(vi) The amendment of 75 Pa.C.S. § 9502(a)(2)(iv).
28(ii) The amendment of 75 Pa.C.S. § 1617.
29(iii) The amendment of 75 Pa.C.S. § 1786(d).