H1060B2014A04734 BIL:CDM 11/20/13 #90 A04734
AMENDMENTS TO HOUSE BILL NO. 1060
Sponsor: SENATOR RAFFERTY
Printer's No. 2014
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:
36Providing for report to General Assembly.
1license and for probationary license.
2In commercial drivers, further providing for fees.
6further providing for limitation on local license
7fees and taxes, for collection and disposition of
8fees and money, for motor homes, for annual
9registration fees, for trucks and truck tractors, for
10motor buses and limousines, for school buses and
11school vehicles, for trailers, for special mobile
12equipment, for implements of husbandry, for farm
13vehicles, for ambulances, taxis and hearses, for
14dealers and miscellaneous motor vehicle business, for
15farm equipment vehicle dealers, for transfer of
16registration, for temporary and electronically issued
17registration plates, for replacement registration
18plates, for legislative registration plates, for
19personal registration plates, for street rod
20registration plates, for duplicate registration cards
21and for commercial implements of husbandry;
22providing for fee for local use; and
23further providing for special hauling permits as
24to weight and size, for annual hauling permits, for
25mobile homes, modular housing units and modular
26housing undercarriages, for books of permits, for
27refund of certain fees, for driver's license and
28learner's permit, for certificate of title, for
29security interest, for information concerning drivers
30and vehicles, for certified copies of records, for
31uncollectible checks, for certificate of inspection,
32for messenger service, for reinstatement of operating
33privilege or vehicle registration and for secure
34power of attorney.
35In motor carriers road tax identification markers:
42In size, weight and load, further providing for
43restrictions on use of highways and bridges, for
44conditions of permits and security for damages and for
45permit for movement during course of manufacturing.
46In powers of department and local authorities:
51In penalties and disposition of fines, further
1providing for surcharge.
4In liquid fuels and fuels tax:
18--Providing for permits for movement of raw milk.
19--Providing for amendment of lease agreements.
22--Making an appropriation.
24The General Assembly finds and declares as follows:
28(2) The Commonwealth's transportation system includes
29nearly 40,000 miles of roads and 25,000 bridges owned by the
30Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
31owned by counties and municipal governments, 36 fixed-route
32public transportation agencies, 67 railroads, 133 public use
33airports, the Ports of Erie, Philadelphia and Pittsburgh, and
34numerous bicycle and pedestrian facilities.
35(3) The Commonwealth's transportation system provides
36for access to employment, educational services, medical care
37and other life-sustaining services for all residents of this
38Commonwealth, including senior citizens and people with
40(4) The Department of Transportation of the Commonwealth
41has indicated that 9,000 miles of roads owned by the
42Commonwealth are in poor condition and that 4,400 bridges
43owned by the Commonwealth are rated structurally deficient.
44The State Transportation Advisory Committee has indicated
45that 2,189 bridges exceeding 20 feet in length owned by
46counties and municipalities are rated structurally deficient.
51(6) The Commonwealth has limited resources to fund the
1maintenance and expansion of its transportation facilities.
2(7) The State Transportation Advisory Committee reported
3in 2010 that the Commonwealth's transportation system is
4underfunded by $3,500,000,000 and projected that amount will
5grow to $6,700,000,000 by 2020 without additional financial
6investment by the Commonwealth.
14(10) Pursuant to section 11 of Article VIII of the
15Constitution of Pennsylvania, all highway and bridge user
16fees must be used solely for construction, reconstruction,
17maintenance and repair of and safety on public highways and
18bridges and costs and expenses incident thereto.
19(11) In order to ensure a safe and reliable system of
20public transportation, aviation, ports, rail and bicycle and
21pedestrian facilities, other transportation-related user fees
22must be deposited in the Public Transportation Trust Fund and
23the Multimodal Transportation Fund.
24(12) In furtherance of the Commonwealth's energy policy,
25which includes becoming independent from overreliance on
26foreign energy sources, programs must be established to
27promote reliance on or conversion to alternative energy
28sources, including the vast natural gas supply of this
30(13) The Department of Transportation is responsible for
31the operation of the Commonwealth's transportation system,
32including administration, driver and vehicle services,
33highway administration, multimodal transportation and
34planning. To this end, the department is charged with the
35registration of vehicles, including the issuance and proper
36mounting of license plates and special registration plates
37and assessing those costs and financial impact and ensuring
38road safety and movement by the posting of maximum speed
39limits on highways.
4202. Deputy secretaries.
5§ 201. Definitions.
13§ 202. Deputy secretaries.
16(1) Deputy Secretary for Administration.
17(2) Deputy Secretary for Driver and Vehicle Services.
18(3) Deputy Secretary for Highway Administration.
19(4) Deputy Secretary for Multimodal Transportation.
20(5) Deputy Secretary for Planning.
24(1) Fiscal affairs.
25(2) Operations analysis and improvement.
26(3) Information services.
27(4) Office services.
28(5) Human resources.
29(6) Equal opportunity.
35(3) Vehicle and driver safety.
36(4) Services for other modes of transportation.
40(1) Design of highways and bridges.
41(2) Land acquisition for highways and bridges.
44(4) Maintenance and operation of highways and bridges.
45(5) Highway and bridge safety.
46(e) Multimodal transportation.--The Deputy Secretary for
47Multimodal Transportation has the powers and duties of the
48department under law relating to modes of transportation other
49than highways, except recreational boating and ferry licensing,
50including all of the following:
51(1) Local and public transportation.
1(2) Rail freight.
2(3) Ports and waterways.
3(4) Aviation and airports.
7(1) Planning and research.
8(2) Program development and management.
9(3) Services to municipalities.
10Section 2. Section 303 of Title 74 is amended to read:
13(a) General rule.--In administering contracts for
14construction and professional services relating to
15transportation projects which are funded pursuant to the
16provisions of this title or 75 Pa.C.S. (relating to vehicles),
17the [department and any local transportation organization]
18contracting entities shall:
19(1) Be responsible for ensuring that all competitive
20contract opportunities subject to this section which are
21issued by the [department or local transportation
22organization] contracting entities seek to maximize
23participation by [minority-owned and women-owned businesses
24and other disadvantaged] diverse businesses.
28(i) The bidder or offeror shall document and submit
29to the applicable contracting entity all good faith
30efforts to solicit subcontractors that are diverse
31businesses during the bidding or proposal process.
32(ii) The bidder or offeror shall provide within
33seven days of being declared the low bidder or successful
34offeror the name and business address of each
35subcontractor that is a diverse business that will
36provide the contractor with construction or professional
37services in connection with the performance of the
39(2) [Give] Include in the solicitations for bids and
40requests for proposals under paragraph (1.1), language
41encouraging bidders and offerors to utilize and give
42consideration[, when possible and cost effective,] to
43contractors offering to utilize [minority-owned and women-
44owned businesses and disadvantaged] diverse businesses in the
45selection and award of contracts.
46(3) Ensure that the [department's and local
47transportation organizations' commitment to the minority-
48owned and women-owned business program] contracting entities'
49commitment to participation by diverse businesses is clearly
50understood and appropriately implemented and enforced by all
51[department and local transportation organization employees]
1the contracting entities.
2(4) Designate a responsible official to supervise the
3[department and local transportation organization minority-
4owned and women-owned] contracting entities' diverse business
5program and ensure compliance within the [department or local
6transportation organization] contracting entities.
10(6) [Recommend sanctions to the Secretary of General
11Services,] Impose sanctions as may be appropriate under 62
12Pa.C.S. § 531 (relating to debarment or suspension), against
13businesses that fail to comply with this section or the
14policies of the Commonwealth [minority-owned and women-owned
15business program] related to diverse businesses. This
16paragraph shall not apply to a local transportation
18(7) Ensure that each contract entered into with a
19contractor under this section includes provisions prohibiting
20discrimination in accordance with 62 Pa.C.S. § 3701 (relating
21to contract provisions prohibiting discrimination).
25(1) Conduct the necessary and appropriate outreach,
26including using the database available on the Internet
27website of the Department of General Services and the Federal
28Government's system of award management database, for
29purposes of identifying diverse businesses in general
30construction or professional services capable of performing
31contracts subject to this section.
32(2) By October 1, 2014, and each October 1 thereafter,
33submit a report to the chairman and minority chairman of the
34Transportation Committee of the Senate and the chairman and
35minority chairman of the Transportation Committee of the
36House of Representatives summarizing the participation level
37of diverse businesses in all competitive contract
38opportunities issued by contracting entities. The commission
39and local transportation organizations shall cooperate with
40the department to complete the report. The report shall
1Pennsylvania Minority Business Development Authority Act. The
2authority shall review the report to assess the effectiveness
3in advancing this section and to make any recommendations for
4changes in this section deemed necessary or desirable to the
5secretary and the chairman and minority chairman of the
6Transportation Committee of the Senate and the chairman and
7minority chairman of the Transportation Committee of the
8House of Representatives.
9(a.2) Replacement of diverse business.--If, at any time
10during the evaluation of a bid or proposal, or the construction
11of a project or the performance of a professional service
12pursuant to a bid, proposal or contract subject to this section,
13it becomes necessary to replace a subcontractor that is a
14diverse business, the bidder, offeror or contractor, as
15appropriate, shall immediately notify the contracting entity of
16the need to replace the diverse business. The notice shall
17include the reasons for the replacement.
26(a.4) Construction.--Nothing in this section shall be
27construed to supersede, nullify or otherwise affect 51 Pa.C.S. §
289603 (relating to participation goals). In the case of an
29inconsistency between this section and 51 Pa.C.S. Ch. 96
30(relating to veteran-owned small businesses), the provisions of
3151 Pa.C.S. Ch. 96 shall prevail.
39"Contracting entities." The following:
40(1) The Department of Transportation.
41(2) The commission.
42(3) A local transportation organization.
43"Disadvantaged business." A business that is owned or
44controlled by a majority of persons, not limited to members of
45minority groups, who are subject to racial or ethnic prejudice
46or cultural bias.
47"Diverse business." A disadvantaged business, minority-owned
48or women-owned business or service-disabled veteran-owned or
49veteran-owned small business that has been certified by a third-
50party certifying organization.
51"Local transportation organization." Any of the following:
1(1) A political subdivision or a public transportation
2authority, port authority or redevelopment authority
3organized under the laws of this Commonwealth or pursuant to
4an interstate compact or otherwise empowered to render,
5contract for the rendering of or assist in the rendering of
6transportation service in a limited area in this
7Commonwealth, even though it may also render or assist in
8rendering transportation service in adjacent states.
13"Minority-owned business." A business owned and controlled
14by a majority of individuals who are African Americans, Hispanic
15Americans, Native Americans, Asian Americans, Alaskans or
17"Professional services." An industry of infrequent,
18technical or unique functions performed by independent
19contractors or consultants whose occupation is the rendering of
20the services. The term includes:
23(2) Legal services.
24(3) Advertising or public relations services.
25(4) Accounting, auditing or actuarial services.
26(5) Security consultant services.
27(6) Computer and information technology services.
28(7) Insurance underwriting services.
31"Third-party certifying organization." An organization that
32certifies a small business, minority-owned business, women-owned
33business or veteran-owned small business as a diverse business.
34The term includes:
35(1) The National Minority Supplier Development Council.
38(3) The Small Business Administration.
39(4) The Department of Veterans Affairs.
40(5) The Pennsylvania Unified Certification Program.
48§ 1503. Definitions.
1* * *
2"Base operating allocation." The total amount of State
3operating assistance, reimbursement in lieu of fares for senior
4passengers and other assistance which was used for operating
5assistance as determined by the department in [fiscal year 2005-
62006.] the last full fiscal year that the qualifying local
7transportation organization received the assistance, including
8the funds received under section 1517.1(c) (relating to
9Alternative Energy Capital Investment Program).
10"Capital expenditures." All costs of capital projects,
11including, but not limited to, the costs of acquisition,
12construction, installation, start-up of operations, improvements
13and all work and materials incident thereto. Preventive
14maintenance expenses, as defined by the Federal Transit
15Administration, may be deemed eligible as a capital expenditure
16based on written approval by the department at its discretion.
17* * *
18Section 4. Section 1504(a) of Title 74 is amended to read:
19§ 1504. Department authorization.
25(2) In the event of imminent service termination, the
26department shall make every effort to contract with a local
27transportation organization to provide the programs,
28activities and services enumerated in this chapter. After all
29local transportation organization contracting options are
30exhausted, the department may contract with a transportation
31company to provide the programs, activities and services
32enumerated in this chapter. The operation of the programs,
33activities and services administered by the department and
34provided by the local transportation organization or
35transportation company under this subsection shall not be
36subject to the jurisdiction of the Pennsylvania Public
38* * *
39Section 5. (Reserved).
42§ 1506. Fund.
43* * *
44(b) Deposits to fund by department.--
45(1) The following apply:
46(i) [Except as provided under subparagraph (ii),
47upon] Upon receipt, the department shall deposit into the
48fund the revenues received by the department under 75
49Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
50the lease agreement executed between the department and
51the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
3(A) For fiscal year 2007-2008, $250,000,000.
4(B) For fiscal year 2008-2009, $250,000,000.
5(C) For fiscal year 2009-2010, $250,000,000.
9(ii) The deposits made to the fund under this
10subsection shall equal [$250,000,000 annually for each
11fiscal year commencing after the expiration of the
12conversion period if the conversion notice is not
13received by the secretary prior to expiration of the
14conversion period as set forth under 75 Pa.C.S. §
158915.3(3).] $450,000,000 annually for each fiscal year
16for fiscal years 2014-2015 through 2021-2022.
20* * *
23(1) 4.4% of the amount collected under Article II of the
24Tax Reform Code. Revenues under this paragraph shall be
25deposited into the fund by the 20th day of each month for the
26preceding month. The amount deposited under this paragraph is
27estimated to be equivalent to the money available to the
28department from the following sources:
47(3.4) For fiscal year 2022-2023 and each fiscal year
48thereafter, an amount equal to the amount collected under
49Article II of the Tax Reform Code, multiplied by the ratio
50that $450,000,000 is to the total amount collected under
51Article II of the Tax Reform Code in the fiscal year ending
1June 30, 2021, or $450,000,000, whichever is greater, shall
2be transferred to the fund. The source of the transfer shall
3be the revenue collected under section 238 of the Tax Reform
4Code on motor vehicles, trailers and semi-trailers.
7* * *
32(A) For fiscal year 2013-2014, 5.8%.
33(A.1) For fiscal year 2014-2015, 8.8%.
48[(A.1) For fiscal year 2007-2008, $50,000,000
49from the revenues received by the department under 75
50Pa.C.S. Ch. 89 and the lease agreement executed
51between the department and the Pennsylvania Turnpike
1Commission under 75 Pa.C.S. § 8915.3. The amount
2received by the department under this section shall
3be deposited into the fund prior to distribution and
4shall be in addition to the amounts received under
6(B) For fiscal year 2008-2009, $100,000,000 from
7the revenues received by the department under 75
8Pa.C.S. Ch. 89 and the lease agreement executed
9between the department and the Pennsylvania Turnpike
10Commission under 75 Pa.C.S. § 8915.3. The amount
11received by the department under this section shall
12be deposited into the fund prior to distribution and
13shall be in addition to the amounts received under
15(C) For fiscal year 2009-2010, $150,000,000 from
16the revenues received by the department under 75
17Pa.C.S. Ch. 89 and the lease agreement executed
18between the department and the Pennsylvania Turnpike
19Commission under 75 Pa.C.S. § 8915.3. The amount
20received by the department under this section shall
21be deposited into the fund prior to distribution and
22shall be in addition to the amounts received under
24(D) For fiscal year 2010-2011 and each fiscal
25year thereafter, the amount calculated for the prior
26fiscal year increased by 2.5% from the revenues
27received by the department under 75 Pa.C.S. Ch. 89
28and the lease agreement executed between the
29department and the Pennsylvania Turnpike Commission
30under 75 Pa.C.S. § 8915.3. The amount received by the
31department under this section shall be deposited into
32the fund prior to distribution and shall be in
33addition to the amounts received under subsection (b)
35(E) Ninety-five percent of the remaining revenue
36deposited in the fund under subsection (b)(1) and
37(c)(3.4), after the transfer of $30,000,000 to the
38Multimodal Transportation Fund under paragraph (6).
45(I) For fiscal year 2013-2014, 28.1%.
46(II) For fiscal year 2014-2015, 35.1%.
51[(ii) If the conversion notice is not received by
12[(4) For the program established under section 1517
13(relating to capital improvements program), 16.77% of the
14revenues deposited in the fund under subsection (c)(1).
15Additional funds for this program may be provided from the
16funds allocated but not distributed based on the limitation
17set forth under section 1513(c)(3).]
18(5) For the program established under section 1517.1
19(relating to Alternative Energy Capital Investments Program),
20no more than $60,000,000 of the revenue deposited in the fund
21under subsection (c) may be allocated from the fund.
28§ 1507. Application and approval process.
29(a) Application.--An eligible applicant that wishes to
30receive financial assistance under this chapter shall submit a
31written application to the department on a form developed by the
32department, which shall include the following:
33* * *
34(6) Evidence satisfactory to the department of the
35commitment for matching funds required under this chapter
36sufficient to match the projected financial assistance
37payments [at the same times that the financial assistance
38payments are to be provided.], provided no later than June 30
39of the applicable fiscal year. If the evidence required under
40this paragraph is not provided to the satisfaction of the
41department, subsequent funding under section 1513 (relating
42to operating program) shall be withheld until the applicant
43meets the requirements of this paragraph.
47* * *
48(c) Restriction on use of funds.--[Financial] Unless the
49department grants the award recipient a waiver allowing the
50funds to be used for a different purpose, financial assistance
51under this chapter shall be used only for activities set forth
1under the financial assistance agreement [unless the department
2grants the award recipient a waiver allowing the funds to be
3used for a different purpose]. The department's regulations
4shall describe circumstances under which it will consider waiver
5requests and shall set forth all information to be included in a
6waiver request. The [maximum duration of a waiver shall be one
7year, and a] waiver request shall include a plan of corrective
8action to demonstrate that the award recipient does not have an
9ongoing need to use financial assistance funds for activities
10other than those for which funds were originally awarded. The
11duration of the waiver may not exceed the duration of the plan
12of corrective action. The department shall monitor
13implementation of the plan of corrective action. If the plan of
14corrective action is not implemented by the local transportation
15organization, the department shall rescind the waiver approval.
18§ 1511. Report to Governor and General Assembly.
19[The following shall apply:
20(1) Except as provided in paragraph (2), the] The
21department shall submit a public passenger transportation
22performance report to the Governor and the General Assembly
23by April 30 of each year, covering the prior fiscal year.
26§ 1512. Coordination and consolidation.
27(a) Coordination.--Coordination is required in regions where
28two or more award recipients have services or activities for
29which financial assistance is being provided under this chapter
30to assure that the services or activities are provided
31efficiently and effectively.
32(b) Consolidation and mutual cooperation.--
33(1) The department, in consultation with local
34governments and local transportation organizations, shall
35study the feasibility of consolidation and mutual cooperation
36among local transportation organizations as a means of
37reducing annual expenses without loss of service to the
38communities they serve. The study shall examine the creation
39of service regions or mutual cooperation pacts to determine
40whether either method would reduce annual expenses. The
41feasibility analysis is to include a cost-benefit analysis
42and operational analysis.
43(2) If the results of a feasibility analysis under
44paragraph (1) estimate an annual net savings at the time of
45completion of the study, the transportation organization and
46local government may implement the recommended action.
47(3) The department shall waive the match requirement
48under sections 1513 (relating to operating program) and 1514
49(relating to asset improvement program) for five fiscal years
50for the transportation organization's participation in the
51recommended action under paragraph (2) in an amount not to
3(c) Funding for merger and consolidation incentives and
4mutual cooperation pacts.--A capital project that is needed to
5support a local transportation organization that has agreed to
6merge and consolidate operations and administration or share
7facilities or staff through a mutual cooperation pact to achieve
8cost and service efficiencies shall be eligible for financial
9assistance under this chapter. The application for financial
10assistance must do all the following:
18§ 1514. Asset improvement program.
19* * *
20(c) Local match requirements.--
21(1) Financial assistance under this section shall be
22matched by local or private cash funding in an amount not
23less than 3.33% of the amount of the financial assistance
24being provided. The source of funds for the local match shall
25be subject to the requirements of section 1513(d)(3)
26(relating to operating program).
31* * *
35(1) The local transportation organization organized and
36existing under Chapter 17 (relating to metropolitan
37transportation authorities) as the primary provider of public
38passenger transportation for the counties of Bucks, Chester,
39Delaware, Montgomery and Philadelphia shall receive 69.4% of
40the funds available for distribution under this section.
41(2) The local transportation organization organized and
42existing under the act of April 6, 1956 (1955 P.L.1414,
43No.465), known as the Second Class County Port Authority Act,
44as the primary provider of public transportation for the
45county of Allegheny shall receive 22.6% of the funds
46available for distribution under this section.
47(3) Other local transportation organizations organized
48and existing as the primary providers of public passenger
49transportation for the counties of this Commonwealth not
50identified under paragraph (1) or (2) shall receive 8% of the
51funds available for distribution under this section. The
3(4) Notwithstanding paragraphs (1), (2) and (3) and
4before distributing the funds under paragraph (1), (2) or
5(3), the department shall set aside 5% of the funds available
6for distribution under this section for discretionary use and
7distribution by the secretary.
8* * *
9§ 1516. Programs of Statewide significance.
10* * *
11(b) Persons with disabilities.--The department shall
12establish and administer a program providing reduced fares to
13persons with disabilities on community transportation services
14and to provide financial assistance for start-up, administrative
15and capital expenses related to reduced fares for persons with
16disabilities. All of the following shall apply:
17(1) A community transportation system operating in the
18Commonwealth other than in [counties of the first and second
19class] a county of the first class may apply for financial
20assistance under this subsection.
21* * *
22(e) Technical assistance [and demonstration], demonstration
23and emergency.--The department is authorized to provide
24financial assistance under this section for technical
25assistance, research and short-term demonstration or emergency
26projects. All of the following shall apply:
30(2) Financial assistance provided under this subsection
31may be used for reimbursement for any approved operating or
32capital costs related to technical assistance and
33demonstration program projects. Financial assistance for
34short-term demonstration projects may be provided at the
35department's discretion on an annual basis based on the level
36of financial commitment provided by the award recipient to
37provide ongoing future funding for the project as soon as the
38project meets the criteria established by the department and
39the award recipient. Financial assistance for this purpose
40shall not be provided for more than three fiscal years.
41Financial assistance may be provided to meet any short-term
42emergency need that requires immediate attention and cannot
43be funded through other sources.
44(3) Financial assistance under this subsection provided
45to a local transportation organization shall be matched by
46local or private cash funding in an amount not less than
473.33% of the amount of the financial assistance being
48provided. The sources of funds for the local match shall be
49subject to the requirements of section 1513(d)(3) (relating
50to operating program).
51(4) As follows:
1(i) For short-term demonstration projects awarded
2financial assistance under this subsection, the
3department shall determine if the demonstration project
4was successful based upon the performance criteria
5established prior to the commencement of the
6demonstration project and approved by the department.
7(ii) If the department determines that the
8demonstration project was successful, the local
9transportation organization or agency or instrumentality
10of the Commonwealth that conducted the demonstration
11project shall be eligible to apply for and receive funds
12under section 1513 to sustain and transition the
13demonstration project into regularly scheduled public
14passenger transportation service.
15(iii) During the first year in which the
16demonstration project is eligible for and applies for
17financial assistance under section 1513, the local
18transportation organization or agency or instrumentality
19of the Commonwealth that conducted the demonstration
20project and transitioned it to regularly scheduled public
21passenger transportation service shall be eligible to
22receive financial assistance up to 65% of the
23transportation service's prior fiscal year operating
24costs or expenses for the service as an initial base
32(1) The department may develop and implement a pilot
33program to test and evaluate new models of paying for and
34delivering shared ride and community transportation. The
35goals of the program are as follows:
44(2) The department shall establish an advisory committee
45to provide guidance and input for pilot planning, start-up,
46operations, data collection and post pilot evaluation. The
47committee shall be comprised of the following:
16(x) The secretary or a designee.
17(xi) The Secretary of Aging or a designee.
18(xii) The Secretary of the Budget or a designee.
24(4) The department shall publish the notice of
25availability of the program models and framework in the
26Pennsylvania Bulletin and receive applications from counties
27and shared-ride community transportation systems interested
28in participating in the program for the three-month period
29following the publication of the notice.
30(5) The department may work with the committee to
31redefine the basis for payment using lottery and other State
32funding sources currently used to support community
33transportation programs for selected pilot counties and
34shared-ride community transportation systems to test new
35methods of service delivery and payment. Each project must
36have a business plan with management controls, service
37standards and budget controls. The business plan shall be
38reviewed by the committee prior to being implemented.
41§ 1517. Capital improvements program.
42* * *
43(f) Certification ends funding.--Financial assistance under
44this section shall cease when the secretary certifies that funds
45are no longer available for the program established under this
47Section 11. Title 74 is amended by adding a section to read:
48§ 1517.1. Alternative Energy Capital Investment Program.
7(c) Additional authorization.--Notwithstanding any other
8provisions of this section or other law, the department may use
9funds designated for the program established under subsection
10(a) to supplement a local transportation organization's base
11operating allocation under section 1513 (relating to operating
12program) if necessary to stabilize an operating budget and
13ensure that efficient services may be sustained to support
14economic development and job creation and retention.
15Section 12. Title 74 is amended by adding a chapter to read:
202102. Multimodal Transportation Fund.
212103. Transfers and deposits to the fund.
222104. Use of money in the fund.
232105. Project selection criteria.
242106. Local match.
252107. Balanced Multimodal Transportation Policy Commission.
26§ 2101. Definitions.
32"Eligible program." Any of the following:
43§ 2102. Multimodal Transportation Fund.
48§ 2103. Transfers and deposits to the fund.
1§ 2104. Use of money in the fund.
2(a) Purposes.--Money in the fund shall be used as follows:
5(i) For programs related to aviation:
6(A) $5,000,000 in fiscal year 2013-2014.
9(ii) For programs related to rail freight:
10(A) $8,000,000 in fiscal year 2013-2014.
13(iii) For programs related to passenger rail:
14(A) $6,000,000 in fiscal year 2013-2014.
17(iv) For programs related to ports and waterways:
18(A) $8,000,000 in fiscal year 2013-2014.
27(i) Activities shall be initiated or undertaken in
28consultation with the chairman and minority chairman of
29the Transportation Committee of the Senate and the
30chairman and minority chairman of the Transportation
31Committee of the House of Representatives.
32(ii) Costs may be incurred as follows:
33(A) $0 for fiscal year 2013-2014.
36(C) Not to exceed $40,000,000 annually in fiscal
37year 2015-2016 and each fiscal year thereafter,
38$35,000,000 of which shall be from revenues deposited
39into the fund under 75 Pa.C.S. § 9502(a) (relating to
40imposition of tax).
44(4) Annually, any money not allocated under paragraphs
45(1), (2) and (3) or as provided in subsection (b) shall be
46transferred to the Commonwealth Financing Authority and used
47to fund eligible programs. The authority shall develop
48guidelines for use of the money for eligible programs, which
49shall include the requirements of section 2106 (relating to
51(b) Automatic adjustments.--
12(i) Determine the percentage increase in the
13Consumer Price Index for All Urban Consumers for the
14period beginning February 1, 2015, and ending January 31,
152017, and for each succeeding 24-month period.
19§ 2105. Project selection criteria.
20The department shall award grants under section 2104(a)(1)
21(relating to use of money in the fund) on a competitive basis.
22The department may not reserve, designate or set aside a
23specific level of funding or percentage of funds to an applicant
24prior to the completion of the application process; nor may the
25department designate a set percentage of funds to an applicant.
26§ 2106. Local match.
27Unless otherwise specified by law, financial assistance under
28section 2104(a)(2) and (4) shall be matched by local funding in
29an amount not less than 30% of the non-Federal share of the
30project costs. Matching funds from a county or municipality
31shall only consist of cash contributions provided by one or more
32counties or municipalities.
33§ 2107. Balanced Multimodal Transportation Policy Commission.
34(a) Commission.--There is established a Balanced Multimodal
35Transportation Policy Commission to study and make
36recommendations on developing and maintaining a balanced
37multimodal transportation policy for this Commonwealth.
40(1) The Secretary of Transportation.
41(2) The Secretary of Community and Economic Development.
42(3) The Secretary of Environmental Protection.
43(4) One appointment from each of the following:
44(i) the President pro tempore of the Senate;
45(ii) the Minority Leader of the Senate;
10(e) Study.--The commission shall study facets on
11implementing balanced multimodal transportation policies for
12metropolitan areas in this Commonwealth, which shall include at
13least the cities of the first class and second class, but may
14include other regions as well.
15(f) Staff.--Upon recommendation of the commission, the
16Secretary of Transportation may hire independent consultants to
17aid the work of the commission. The commission shall be staffed
18by employees of the Department of Transportation. Ordinary
19expenses shall be paid to members of the commission.
20(g) Report.--No later than two years after the effective
21date of this section, the commission shall issue its initial
22report to the Governor and members of the General Assembly and a
23report every four years thereafter.
27FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY
295931. Scope of subchapter.
315933. Customer facility charge.
32§ 5931. Scope of subchapter.
35§ 5932. Definitions.
42"Airport owner." Any of the following:
43(1) A city which owns and operates an airport.
49"City." A city of the first class.
1and a vehicle rental company which includes the terms and
2conditions under which the company may conduct any aspect of its
3rental vehicle business at the airport or through the use of
4airport property, including a vehicle rental company which
5provides a customer access to a vehicle or executes a rental
6contract on or off airport property.
30(3) A procedure and requirement for a consultation with
31vehicle rental companies regarding the implementation of this
32subchapter and for the disclosure to vehicle rental companies
33of information relating to the collection and use of the
34customer facility charge.
39"Rental facility improvement." A facility or structure on
40airport property needed for development or use of the rental
41facility. The term includes costs necessary for planning,
42financing, designing, constructing, equipping or furnishing the
43rental facility improvements.
1system to vehicle rental companies and their customers.
2"Vehicle rental company." A person engaged in the business
3of renting a motor vehicle in this Commonwealth that provides a
4motor vehicle rental to a customer and utilizes airport property
5in any aspect of its business, notwithstanding if other aspects
6of its business are not conducted on airport property, including
7to do any of the following on an airport property:
8(1) Contact customers or pick up or drop off customers.
11§ 5933. Customer facility charge.
13(1) Except as set forth in paragraph (2), a city may
14impose a customer facility charge of not more than $8 per
15rental day on a customer renting a motor vehicle from a
16vehicle rental company doing business at an airport.
25(b) Amendment.--The following shall apply:
26(1) The customer facility charge may be increased beyond
27$8 per rental day by written amendment to an existing rental
28facility agreement signed by the parties to the rental
29facility agreement or the parties' successors or assigns. An
30increase to the customer facility charge under this paragraph
31may only occur one time each year.
32(2) A city may decrease the amount of the customer
33facility charge at any time without the requirement of an
34amendment to an existing rental facility agreement.
35Following a decrease in the amount of the customer facility
36charge by the city, the city may increase the amount of the
37customer facility charge without the requirement of an
38amendment to an existing rental facility agreement if the
39amount of the customer facility charge does not exceed the
40amount that was in effect prior to the decrease. An increase
41beyond that amount shall require a written amendment to the
42existing rental facility agreement signed by the parties to
43the rental facility agreement or the parties' successors or
45(c) Rental facility agreement.--
46(1) A rental facility agreement shall take effect and be
47enforceable if, at the time it is executed, it is signed by
48the airport owner and at least 80% of the vehicle rental
49companies which utilized airport property and which together
50provided at least 90% of the motor vehicle rentals utilizing
51airport property in the most recently completed calendar
2(2) The terms of a rental facility agreement may be
3interpreted and enforced by a court of competent jurisdiction
4through the imposition of a mandatory or prohibitive
5injunction. Monetary damages may not be awarded to a vehicle
6rental company or to a person required to pay the customer
7facility charge for a violation of the terms and conditions
8of the rental facility agreement.
10(1) Notwithstanding the authorization for the use of the
11proceeds of the customer facility charge under subsection (g)
12and except as provided in paragraph (2), until a rental
13facility agreement is executed, the proceeds of the customer
14facility charge may be used only for planning, design,
15feasibility studies and other preliminary expenses necessary
16for the uses authorized in subsection (g).
17(2) If a rental facility agreement is not executed
18within two years following the date a vehicle rental company
19is required to begin collecting the customer facility charge,
20a city may continue to impose and collect the customer
21facility charge authorized under this section after notice to
22the vehicle rental companies. The city may use the proceeds
23of the customer facility charge in the manner authorized by
24subsection (g) except that any expenses imposed on vehicle
25rental companies may not exceed the proceeds of the customer
27(e) Additional cost.--A customer facility charge shall be in
28addition to other motor vehicle rental fees and taxes imposed
29under law, except that the customer facility charge may not
30constitute part of the purchase price of a motor vehicle rental
31imposed under any of the following:
39(f) Collection.--The following shall apply:
40(1) A customer facility charge shall be:
44(ii) paid to the airport owner:
48(B) if necessary to facilitate a pledge under
49subsection (h), at an earlier date as designated by
50the airport owner, but not sooner than the 15th day
51of the month following the month in which the
1customer facility charge is collected.
15(2) Transportation system costs.
27(1) Require a vehicle rental company to provide periodic
28statements of account, file returns, authorize payments and
29maintain records, in accordance with the vehicle rental
30company's obligations under this subchapter.
34(i) Collect an amount due.
37(iii) Grant a refund.
48(1) With any person, firm or corporation, government
49agency, whether in this Commonwealth or elsewhere, and with
50any Federal agency subscribing to or acquiring debt
51obligations secured by customer facility charges, that the
1Commonwealth will not limit or alter the rights vested in the
2airport owner under this subchapter in a manner inconsistent
3with the obligations of an airport owner to the obligees of
4the airport owner until all debt obligations secured by
5customer facility charges and interest on the debt
6obligations are fully paid or provided for.
7(2) With any Federal agency that, if the Federal agency
8contributes funds to support any projects needed for the
9implementation of this subchapter, the Commonwealth will not
10alter or limit the rights and powers of the airport owner in
11a manner which would be inconsistent with the due performance
12of any agreement between the airport owner and a Federal
13agency of which the Commonwealth has knowledge.
16§ 8105. Commission.
17* * *
18(b) Vacancies and terms.--
19* * *
20(2) The appointed member shall serve for a term of four
21years. Upon the expiration of this term, the appointed member
22may continue to hold office for 90 days or until his
23successor shall be duly appointed and qualified, whichever is
24less. A member may not serve more than two terms.
25* * *
26§ 8121. [(Reserved).] Annual hearing.
27Upon request, at least one commission member shall testify at
28a public hearing before the Appropriations Committee of the
29Senate and the Appropriations Committee of the House of
30Representatives each year to present information on turnpike
31operations and coordination with other State agencies.
32Section 15. (Reserved).
33Section 16. (Reserved).
36§ 8204. Code of conduct.
37* * *
39(1) At least once every [four] two years, the Department
40of the Auditor General shall review the performance,
41procedures, operating budget, capital budget and debt of the
42commission and shall audit the accounts of the commission.
43* * *
44§ 9119. Applicability of other laws.
45(a) General rule.--Except as provided under subsection (b),
46all provisions of laws related to the development, construction,
47operation or financing of a transportation project in effect on
48the date the public-private transportation partnership agreement
49is fully executed shall apply to a public-private transportation
50partnership agreement entered into between a proprietary public
51entity and a development entity. The provisions shall include:
1(1) The act of May 1, 1913 (P.L.155, No.104), referred
2to as the Separations Act[.]; however, the development entity
3selected under section 9109 (relating to selection of
4development entities) shall be the person whose duty it is to
5receive separate bids and award and enter into separate
6contracts for each of the subject branches of work required
7for the erection, construction and alteration of a public
8building under a public-private transportation partnership
10* * *
11Section 18. Title 74 is amended by adding chapters to read:
169202. Maintenance agreement.
17§ 9201. Definitions.
21"Critical corridor." Either of the following:
35"Municipality." A city, borough, town or township.
46§ 9202. Maintenance agreement.
47(a) Agreement.--A municipality may enter into an agreement
48with the department to replace, synchronize and time traffic
49signals located within a designated traffic corridor. The terms
50of the agreement may specify that the municipality provide
51services to the department. The agreement shall not exceed the
5(b) Critical corridors.--A municipality shall enter into an
6agreement with the department under terms specified under
7subsection (a) for critical corridors. A municipality shall
8provide to the department in a timely manner all traffic and
9intersection data that the municipality maintains for critical
10corridors and establish and agree to an operations plan with the
11department for critical corridors.
12(c) Prioritization.--The department shall prioritize
13critical corridors and designated traffic corridors where proper
14signalization will provide the most benefit to the traveling
15public and reduce congestion. Priorities shall be reevaluated
16and updated as part of the 12-year transportation improvement
22(e) Maintenance.--If the department determines that one or
23more traffic signals are not being maintained or timed in
24accordance with an agreement under subsection (a) or an existing
25agreement, the department shall provide written notice to all
26municipalities subject to the agreement no less than 60 days
27prior to taking any action to correct the deficient maintenance
28and timing. The written notice shall specify the maintenance and
29timing deficiencies that are to be corrected.
30(1) A municipality subject to an agreement under
31subsection (a) shall have 60 days to correct the deficiencies
32contained in the written notice or to contest, in writing,
33the findings of the department within 30 days following
34receipt of the written notice.
35(2) The requirement that the municipality correct the
36deficiencies within 60 days following receipt of the written
37notice shall be temporarily stayed, if the municipality
38timely contests the department's findings in writing.
39(3) A municipality that contests the deficiencies
40specified in the written notice shall have 30 days to reach a
41written understanding with the department related to the
42deficiencies specified in the written notice.
43(4) If the department and the municipality do not reach
44a written understanding under paragraph (3), the department
45and the municipality shall select a civil engineer licensed
46by the Commonwealth who has substantial experience in traffic
47engineering to mediate the dispute. The engineer chosen must
48not be under an existing contract with the department or
49municipality unless the contract is specifically related to
50traffic signal mediation.
51(f) Failure of municipality to perform.--If a municipality
1that has entered into an agreement with the department under
2subsection (a) fails to meet the requirements of subsection (e)
3(1) or (2), the department may take action to correct the
4deficiencies specified in the notice under subsection (e).
5(g) Payment for failure to correct deficiencies.--If the
6department takes action under subsection (f), the department may
7deduct the actual costs of correcting the deficiencies in
8maintenance and timing from the payments made to the
9municipality under the act of June 1, 1956 (1955 P.L.1944,
10No.655), referred to as the Liquid Fuels Tax Municipal
11Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
12Turnpike) and 95 (relating to taxes for highway maintenance and
15BRIDGE BUNDLING PROGRAM
189302. Bundling authorization.
199303. Bridge Bundling Program.
209304. Special exceptions.
21§ 9301. Definitions.
34"Program." The Bridge Bundling Program.
35§ 9302. Bundling authorization.
36Notwithstanding any other law, the department is authorized
37to bundle the design and construction of bridges owned by the
38Commonwealth or an instrumentality of the Commonwealth or a
39local government as provided under this chapter.
40§ 9303. Bridge Bundling Program.
49(1) Are within geographical proximity to each other.
50(2) Are of similar size or design.
51(3) Inclusion in the program will further the purpose of
9(3) Following receipt of notification from the
10department, the governing body of a local government shall
11have 60 days to agree or refuse to participate in the
12program. Failure to respond in writing within 60 days shall
13be considered a refusal to participate in the program.
14(4) Based on the response from local governments under
15paragraph (3), the department shall make a determination of
16bridges to be designed and constructed under the program and
17provide a list of the bridges to the appropriate planning
19(4.1) A determination shall not be:
20(i) considered to be an adjudication under 2 Pa.C.S.
21Chs. 5 Subch. A (relating to practice and procedure of
22Commonwealth agencies) and 7 Subch. A (relating to
23judicial review of Commonwealth agency action); or
24(ii) appealable to the department or a court of law.
25(5) The following shall apply:
26(i) A local government that agrees to participate in
27the program for one or more of its bridges shall enter
28into an agreement with the department. The agreement
29shall define the department's responsibility for the
30design and construction of the bridges and the continuing
31ownership and maintenance responsibilities of the local
32government for the bridges replaced or rehabilitated
33under the program.
49§ 9304. Special exceptions.
1(1) A local government that participates in the program
2shall be eligible for a reduction of up to 100%, as
3determined by the secretary, of its share of local costs
4associated with the design and construction of the bridge
5determined to be eligible for the program by the secretary.
6(2) A local government that refuses to participate, or
7has been deemed to have refused to participate, in the
8program after receiving notification from the department
9under section 9303(d) (relating to Bridge Bundling Program)
10shall be responsible for 30% of the non-Federal share of the
11costs incurred with respect to the local government's bridges
12replaced or rehabilitated under programs other than the
13program established in this chapter.
15PUBLIC UTILITY FACILITIES
18§ 9501. Adjustment.
19(a) General rule.--The following shall apply:
20(1) If, in the construction, reconstruction, widening or
21relocation of a State highway, bridge or tunnel or a part of
22a State highway, bridge or tunnel, it becomes necessary, in
23the opinion of the department, to change, alter, adjust or
24relocate a water line or sanitary sewer owned and operated by
25a public utility, as defined in 66 Pa.C.S. § 102 (relating to
26definitions), the department may make the change, alteration,
27adjustment or relocation as may be required as a part of the
28construction, reconstruction, widening or relocation.
29(2) In addition to paragraph (1), the department may
30also enter into agreements with the public utility for the
31sharing of costs of the change, alteration, adjustment or
32relocation. If, in the opinion of the department, the costs
33should be shared by the department and a public utility and
34the department is unable to agree with the public utility to
35a division of costs, the department may proceed with the work
36and petition the Pennsylvania Public Utility Commission for a
37determination of the costs to be borne by each party.
38(b) Declaration of policy.--A public utility under
39subsection (a) shall be entitled to a reimbursement in a similar
40manner as a city, borough, incorporated town, township and
41municipal authority under section 412.1 of the act of June 1,
421945 (P.L.1242, No.428), known as the State Highway Law.
479602. Prequalification of bidders.
48§ 9601. Definitions.
3"QP1 certification." A painting contractor approval that
4evaluates a contractor who performs surface preparation and
5industrial coating application on steel structures in the field
6to confirm the contractor's ability to provide quality work in
7accordance with applicable safety, health and environmental
9"QP2 certification." A painting contractor approval that
10evaluates a contractor's ability to perform industrial hazardous
11paint removal in a field operation to confirm the contractor's
12ability to provide quality work in accordance with applicable
13safety, health and environmental standards.
16§ 9602. Prequalification of bidders.
17(a) Establishment.--Notwithstanding any other provision of
18law, the department shall establish procedures to authorize
19third parties to prequalify competent and responsible bidders
20for high performance and conventional steel painting for highway
21and bridge projects.
22(b) Certification.--Bidders eligible for prequalification
23under subsection (a) shall have obtained a QP1 certification or
24QP2 certification, as appropriate, as developed by the Society
25for Protective Coatings, formerly known as the Steel Structures
26Painting Council, or other certification that is substantially
27equivalent to a QP1 or QP2 certification, as determined by the
33(d) Suspension or debarment.--Nothing under this section
34shall prevent the department from suspending or debarring a
35contractor, under the terms and conditions set forth in 67 Pa.
36Code §§ 457.13 (relating to suspension or debarment) and 457.14
37(relating to debarment appeals procedure), that has been
38prequalified by a third party under this section.
41§ 1307. Period of registration.
42* * *
43(f) Optional permanent trailer registration.--[The] Except
44as set forth in section 1920(c) (relating to trailers), the
45registration of trailers permanently registered as provided in
46section 1920(c) [(relating to trailers)] shall expire upon
47salvaging of the vehicle or transfer of ownership.
48(g) Election.--Upon application on a form prescribed by the
49department, the owner or lessee of a motor vehicle, except a
50motor vehicle registered under the International Registration
51Plan and a motor vehicle with a seasonal registration or a
1circus or carnival plate, may elect to pay an annual
2registration fee for a two-year period. The fee shall be two
3times the amount of the registration fee otherwise payable for
4the motor vehicle under this title.
7§ 1332. Display of registration plate.
8* * *
9(a.1) Motorcycle registration plate.--
19(3) The department shall produce a registration plate
20for motorcycles which displays the identifying characters on
21the plate in a vertical alignment. The department shall issue
22such a plate upon request and upon payment of a fee of $20,
23which shall be in addition to the annual registration fee.
24(4) No later than January 1, 2016, the department shall
25report to the chairman and minority chairman of the
26Transportation Committee of the Senate and the chairman and
27minority chairman of the Transportation Committee of the
28House of Representatives on the number of motorcycle
29registration plates issued in a vertical alignment, the cost
30of issuance and any required revision to the fee so as to
31maintain necessary financial support for the highway system
32in this Commonwealth.
33* * *
37Section 20. Section 1353 of Title 75 is amended to read:
38§ 1353. Preserve our heritage registration plate.
39The department, in consultation with the Pennsylvania
40Historical and Museum Commission, shall design a special
41preserve our heritage registration plate. Upon receipt of an
42application, accompanied by a fee of [$35] $54 which shall be in
43addition to the annual registration fee, the department shall
44issue the plate for a passenger car, motor home, trailer or
45truck with a registered gross weight of not more than 10,000
46pounds. The Historical Preservation Fund shall receive [$15] $23
47of each additional fee for this plate.
48Section 21. Section 1354 of Title 75 is repealed:
49[§ 1354. Flagship Niagara commemorative registration plate.
1Flagship Niagara commemorative registration plate. Upon
2application of any person, accompanied by a fee of $35 which
3shall be in addition to the annual registration fee, the
4department shall issue the plate for a passenger car, motor
5home, trailer or truck with a registered gross weight of not
6more than 10,000 pounds.
7(b) Use of fee.--Of each fee paid under subsection (a), $15
8shall be deposited into the Flagship Niagara Account, which is
9established as a special account in the Historical Preservation
10Fund of the Pennsylvania Historical and Museum Commission. The
11commission shall administer the account as follows:
17Section 22. Section 1355 of Title 75 is amended to read:
18§ 1355. Zoological plate.
19The department, in consultation with the Pennsylvania
20Zoological Council, shall design a special zoological
21registration plate. Upon application of any person, accompanied
22by a fee of [$35] $54 which shall be in addition to the annual
23registration fee, the department shall issue the plate for a
24passenger car, motor home, trailer or truck with a registered
25gross weight of not more than 10,000 pounds. The Zoological
26Enhancement Fund shall receive [$15] $23 of the fee paid by the
27applicant for the plate.
30§ 1370. Report to General Assembly.
31No later than January 1, 2015, and on January 1 of every
32fifth year thereafter, the department shall report to the
33chairman and minority chairman of the Transportation Committee
34of the Senate and the chairman and minority chairman of the
35Transportation Committee of the House of Representatives on the
36utilization of special registration plates provided for in this
37chapter. For each special registration plate, the report shall
38include the number of plates then in use, the number of new
39plates issued annually since the preceding report and make
40recommendations regarding the need for the continued issuance of
41such plates, including an analysis of usage, cost of issuance
42and any required revision to fees so as to maintain necessary
43financial support for the highway system in this Commonwealth.
46§ 1550. Judicial review.
47* * *
49* * *
1insurance company shall be admissible into evidence to
2support the department's case. In addition, if the department
3receives information from a court by means of electronic
4transmission or from an insurance company which is complying
5with its obligation under Subchapter H of Chapter 17
6(relating to proof of financial responsibility) by means of
7electronic transmission, it may certify that it has received
8the information by means of electronic transmission, and that
9certification shall be prima facie proof of the adjudication
10and facts contained in such an electronic transmission.
11Section 24. Sections 1553(c), 1554(c), 1617, 1786(d), 1903,
121904, 1911, 1913, 1916(a), 1917, 1918, 1920(a) and (c), 1921,
131922, 1924, 1925, 1926(a) (b) and (c), 1926.1, 1927, 1928, 1929,
141930, 1931, 1931.1, 1932 and 1933 of Title 75 are amended to
16§ 1553. Occupational limited license.
17* * *
21* * *
22§ 1554. Probationary license.
23* * *
24(c) Fee.--The fee for applying for a probationary license
25shall be [$25] $35. The fee shall be nonrefundable. The annual
26fee for issuance of a probationary license shall be [$50] $75,
27plus the cost of the photograph required in section 1510(a)
28(relating to issuance and content of driver's license), which
29shall be in addition to all other licensing fees.
30* * *
31§ 1617. Fees.
32Fees relating to commercial drivers' licenses to be collected
33by the department under this chapter shall be in addition to any
34other fees imposed under the provisions of this title and are as
38(2) In addition to any other restoration fee required by
39this title, an additional restoration fee of [$50] $100 shall
40be assessed and collected before reinstating a commercial
41driver's operating privilege following a suspension or
42revocation under this title or disqualification under this
44(3) If the commercial driving privilege of a driver is
45disqualified, a Class C noncommercial or M license, if the
46driver possesses the motorcycle qualification, may be
47obtained upon payment of the fees associated with obtaining a
4§ 1786. Required financial responsibility.
5* * *
6(d) Suspension of registration and operating privilege.--
7(1) The Department of Transportation shall suspend the
8registration of a vehicle for a period of three months if it
9determines the required financial responsibility was not
10secured as required by this chapter and shall suspend the
11operating privilege of the owner or registrant for a period
12of three months if the department determines that the owner
13or registrant has operated or permitted the operation of the
14vehicle without the required financial responsibility. The
15operating privilege shall not be restored until the
16restoration fee for operating privilege provided by section
171960 (relating to reinstatement of operating privilege or
18vehicle registration) is paid.
19(1.1) In lieu of serving a registration suspension
20imposed under this section, an owner or registrant may pay to
21the department a civil penalty of $500, the restoration fee
22prescribed under section 1960 and furnish proof of financial
23responsibility in a manner determined by the department. An
24owner or registrant may exercise this option no more than
25once in a 12-month period.
26(2) Whenever the department revokes or suspends the
27registration of any vehicle under this chapter, the
28department shall not restore or transfer the registration
29until the suspension has been served or the civil penalty has
30been paid to the department and the vehicle owner furnishes
31proof of financial responsibility in a manner determined by
32the department and submits an application for registration to
33the department, accompanied by the fee for restoration of
34registration provided by section 1960. This subsection shall
35not apply in the following circumstances:
36(i) The owner or registrant proves to the
37satisfaction of the department that the lapse in
38financial responsibility coverage was for a period of
39less than 31 days and that the owner or registrant did
40not operate or permit the operation of the vehicle during
41the period of lapse in financial responsibility.
42(ii) The owner or registrant is a member of the
43armed services of the United States, the owner or
44registrant has previously had the financial
45responsibility required by this chapter, financial
46responsibility had lapsed while the owner or registrant
47was on temporary, emergency duty and the vehicle was not
48operated during the period of lapse in financial
49responsibility. The exemption granted by this paragraph
50shall continue for 30 days after the owner or registrant
51returns from duty as long as the vehicle is not operated
3(iii) The insurance coverage has terminated or
4financial responsibility has lapsed simultaneously with
5or subsequent to expiration of a seasonal registration,
6as provided in section 1307(a.1) (relating to period of
8(3) An owner whose vehicle registration has been
9suspended under this subsection shall have the same right of
10appeal under section 1377 (relating to judicial review) as
11provided for in cases of the suspension of vehicle
12registration for other purposes. The filing of the appeal
13shall act as a supersedeas, and the suspension shall not be
14imposed until determination of the matter as provided in
15section 1377. The court's scope of review in an appeal from a
16vehicle registration suspension shall be limited to
20(ii) there has been either notice to the department
21of a lapse, termination or cancellation in the financial
22responsibility coverage as required by law for that
23vehicle or that the owner, registrant or driver was
24requested to provide proof of financial responsibility to
25the department, a police officer or another driver and
26failed to do so. Notice to the department of the lapse,
27termination or cancellation or the failure to provide the
28requested proof of financial responsibility shall create
29a presumption that the vehicle lacked the requisite
30financial responsibility. This presumption may be
31overcome by producing clear and convincing evidence that
32the vehicle was insured at all relevant times.
33(4) Where an owner or registrant's operating privilege
34has been suspended under this subsection, the owner or
35registrant shall have the same right of appeal under section
361550 (relating to judicial review) as provided for in cases
37of suspension for other reason. The court's scope of review
38in an appeal from an operating privilege suspension shall be
39limited to determining whether:
42(ii) the owner or registrant operated or permitted
43the operation of the same vehicle when it was not covered
44by financial responsibility. The fact that an owner,
45registrant or operator of the motor vehicle failed to
46provide competent evidence of insurance or the fact that
47the department received notice of a lapse, termination or
48cancellation of insurance for the vehicle shall create a
49presumption that the vehicle lacked the requisite
50financial responsibility. This presumption may be
51overcome by producing clear and convincing evidence that
1the vehicle was insured at the time that it was driven.
2(5) An alleged lapse, cancellation or termination of a
3policy of insurance by an insurer may only be challenged by
4requesting review by the Insurance Commissioner pursuant to
5Article XX of the act of May 17, 1921 (P.L.682, No.284),
6known as The Insurance Company Law of 1921. Proof that a
7timely request has been made to the Insurance Commissioner
8for such a review shall act as a supersedeas, staying the
9suspension of registration or operating privilege under this
10section pending a determination pursuant to section 2009(a)
11of The Insurance Company Law of 1921 or, in the event that
12further review at a hearing is requested by either party, a
13final order pursuant to section 2009(i) of The Insurance
14Company Law of 1921.
17* * *
18§ 1903. Limitation on local license fees and taxes.
19[No] Except as set forth in section 1935 (relating to fee for
20local use), no municipality shall require or collect any
21registration or license fee or tax for any vehicle or driver's
22license from any person.
23§ 1904. Collection and disposition of fees and moneys.
24[The] (a) General rule.--Except as provided under this
25section, the department shall collect all fees payable under
26this title and all other moneys received in connection with the
27administration of this title and transmit them to the State
28Treasurer for deposit in the Motor License Fund. Moneys paid in
29error may be refunded by the department.
30(b) Disposition.--Fees collected under sections 1951(c)
31(relating to driver's license and learner's permit), 1952
32(relating to certificate of title), 1953 (relating to security
33interest), 1955 (relating to information concerning drivers and
34vehicles), 1956 (relating to certified copies of records) and
351958 (relating to certificate of inspection) shall be
36transmitted to the State Treasurer for deposit in the following
38(1) For fiscal year 2013-2014:
39(i) 33.9% to the Public Transportation Trust Fund;
42(iii) 35.4% to the Motor License Fund.
43(1.1) For fiscal year 2014-2015:
44(i) 43.9% to the Public Transportation Trust Fund;
45(ii) 23% to the Multimodal Transportation Fund; and
46(iii) 33.1% to the Motor License Fund.
47(2) For fiscal years 2015-2016 and 2016-2017:
48(i) 66.6% to the Public Transportation Trust Fund;
49(ii) 23% to the Multimodal Transportation Fund; and
50(iii) 10.4% to the Motor License Fund.
51(3) For fiscal years beginning after June 30, 2017:
1(i) 77% to the Public Transportation Trust Fund; and
2(ii) 23% to the Multimodal Transportation Fund.
3(c) Automatic adjustments.--
15(i) Determine the percentage increase in the
16Consumer Price Index for All Urban Consumers for the
17period beginning February 1, 2015, and ending January 31,
182017, and for each succeeding 24-month period.
22(3) For fees charged under sections 1916 (relating to
23trucks and truck tractors), 1917 (relating to motor buses and
24limousines) and 1918 (relating to school buses and school
25vehicles), the department shall do all of the following:
26(i) Determine the percentage increase in the
27Consumer Price Index for All Urban Consumers CPI for the
28period beginning February 1, 2017, and ending January 31,
292019, and for each succeeding 24-month period.
40§ 1911. [Annual registration] Registration fees.
41(a) General rule.--[An annual] A fee for the registration of
42vehicles as provided in Chapter 13 (relating to the registration
43of vehicles) shall be charged by the department as provided in
45(b) Department to establish certain fees.--If a vehicle to
46be registered is of a type not specifically provided for by this
47title and is otherwise eligible for registration, the department
48shall determine the most appropriate fee or fee schedule for the
49vehicle or type of vehicle based on such factors as design and
51§ 1913. Motor homes.
Weight in Pounds
8,000 or less
[$45] $ 65
8,001 - 11,000
11,001 or more
9§ 1916. Trucks and truck tractors.
10(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
24(2) A portion of the registration fee for any truck or
25truck tractor in Classes 9 through 25 shall be deposited in
26the Highway Bridge Improvement Restricted Account within the
27Motor License Fund according to the following table:
Amount Deposited in
Highway Bridge Improvement
35* * *
36§ 1917. Motor buses and limousines.
4126 or less
$ 9 per seat
4227 - 51
234 plus $11.25 per seat
in excess of 26
4452 or more
46(1) If the seating capacity is less than 27:
47(i) For fiscal year 2013-2014, $9 per seat.
48(ii) For fiscal year 2014-2015, $10 per seat.
49(iii) For fiscal year 2015-2016, $11 per seat.
50(iv) For fiscal year 2016-2017, $12 per seat.
51(v) For fiscal years beginning after June 30, 2017,
1$13 per seat.
14(3) If the seating capacity is more than 51:
15(i) For fiscal year 2013-2014, $540.
16(ii) For fiscal year 2014-2015, $600.
17(iii) For fiscal year 2015-2016, $660.
18(iv) For fiscal year 2016-2017, $720.
21§ 1918. School buses and school vehicles.
24(1) For fiscal year 2013-2014, $24.
25(2) For fiscal year 2014-2015, $27.
26(3) For fiscal year 2015-2016, $30.
27(4) For fiscal year 2016-2017, $33.
28(5) For fiscal years beginning after June 30, 2017, $35.
29§ 1920. Trailers.
34Weight in Pounds
353,000 or less
363,001 - 10,000
3710,001 or more
38* * *
39(c) Optional permanent registration.--
48§ 1921. Special mobile equipment.
51§ 1922. Implements of husbandry.
4§ 1924. Farm vehicles.
8(b) Certificate of exemption.--The biennial processing fee
9for a certificate of exemption issued in lieu of registration of
10a farm vehicle shall be determined by the type of certificate
11issued and the gross weight or combination weight or weight
12rating 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
19§ 1925. Ambulances, taxis and hearses.
22§ 1926. Dealers and miscellaneous motor vehicle business.
32* * *
33§ 1926.1. Farm equipment vehicle dealers.
37§ 1927. Transfer of registration.
38The fee for transfer of registration shall be [$6] $9.
41The fee payable by a dealer or other dispensing agent for a
42temporary registration plate or for a registration plate to be
43issued for new registration processed electronically with the
44department shall be [$5] $14. The charge of the agent for
45providing an applicant with a plate under this section shall not
46exceed a total of [$10] $14.
47§ 1929. Replacement registration plates.
50§ 1930. Legislative registration plates.
51The fee for issuance of a legislative registration plate
5§ 1931. Personal registration plates.
6The fee for issuance of a personal registration plate shall
7be [$20] $76 which shall be in addition to the annual
8registration fee. Only one payment of the issuance fee shall be
9charged for each personal registration issued or replaced.
10§ 1931.1. Street rod registration plates.
11The fee for the issuance of a street rod registration plate
12shall be [$20] $51 which shall be in addition to the annual
13registration fee. Only one payment of the issuance fee shall be
14charged for each street rod registration plate issued or
16§ 1932. Duplicate registration cards.
17The fee for each duplicate registration card when ordered at
18the time of vehicle registration, the transfer or renewal of
19registration or the replacement of a registration plate shall be
20[$1.50] $2. The fee for each duplicate registration card issued
21at any other time shall be [$4.50] $6.
22§ 1933. Commercial implements of husbandry.
26Section 25. Title 75 is amended by adding a section to read:
27§ 1935. Fee for local use.
28(a) Establishment of fund.--A special fund is established
29within the State Treasury to be known as the Fee for Local Use
30Fund. Money in the fund is appropriated to the department for
31the purposes set forth in this section.
32(b) Levy.--Beginning after December 31, 2014, a county may,
33in its discretion, by ordinance, impose a fee of $5 for each
34nonexempt vehicle registered to an address located in the
35county. A county shall notify the department of the passage of
36the ordinance 90 days prior to the effective date of the
41(d) Distribution.--Money paid into the Fee for Local Use
42Fund shall be distributed by the department to each
43participating county in accordance with the amounts collected
44from the county. Funds payable to a county under this section
45shall be added to funds payable to the county under section
469010(b) (relating to disposition and use of tax) and shall be
47used by the county for transportation purposes or be allocated
48by the county in accordance with section 9010(c).
1§ 1942. Special hauling permits as to weight and size.
13* * *
14§ 1943. Annual hauling permits.
15(a) Quarry equipment and machinery.--The annual fee for
16operation or movement of each piece of heavy quarry equipment or
17machinery, as provided for in section 4966 (relating to permit
18for movement of quarry equipment), shall be [$500] $706.
19(c) Course of manufacture.--The annual fee for operation or
20movement of loads or vehicles, as provided for in section 4968
21(relating to permit for movement during course of manufacture),
22shall be as follows:
23(1) Oversized movements:
28(2) Overweight movements:
38(d) Multiple highway crossings.--The annual fee for a single
39permit for multiple highway crossings, as provided for in
40section 4965 (relating to single permits for multiple highway
41crossings), shall be [$300] $415.
42(e.1) Special mobile equipment.--The annual fee for hauling
43or towing each piece of special mobile equipment, as provided
44for in section 4975 (relating to permit for movement of special
45mobile equipment), shall be [$200] $300.
46(f) Containerized cargo.--The annual company fee for
47movement of any combination with overweight containerized cargo
48as provided for in section 4974 (relating to permit for movement
49of containerized cargo) shall be:
9(g) Domestic animal feed.--The annual fee for movement of
10each vehicle hauling domestic animal feed, in bulk, as provided
11for in section 4976 (relating to permit for movement of domestic
12animal feed) shall be [$400] $587.
16(h) Movement of wooden structures.--The annual fee for
17movement of wooden structures as provided for in section 4977
18(relating to permit for movement of wooden structures) shall be
20(i) Live domestic animals.--The annual permit fee for each
21truck tractor authorized to transport live domestic animals, as
22provided in section 4976.1 (relating to permit for movement of
23live domestic animals), shall be [$400] $520.
24(j) Building structural components.--The permit fee for each
25truck tractor authorized to transport building structural
26components, as provided in section 4978 (relating to permit for
27movement of building structural components), shall be [$100]
28$141 for each month the permit is valid.
29(k) Utility construction equipment.--The permit fee for
30utility construction equipment, as provided for in section
314970(a) (relating to permit for movement of construction
32equipment), shall be [$100] $141 for each month the permit is
34(l) Particleboard or fiberboard.--The annual fee for
35movement of particleboard or fiberboard, as provided for in
36section 4979 (relating to permit for movement of particleboard
37or fiberboard used for the manufacture of ready-to-assemble
38furniture), shall be [$800] $1,130.
42(1) [$800] $1,130 for a distance up to 50 miles.
45(n) Waste coal and beneficial combustion ash.--The annual
46fee for the movement of waste coal and beneficial combustion
47ash, as provided for in section 4979.2 (relating to permit for
48movement of waste coal and beneficial combustion ash), shall be
15(q.1) Nonhazardous liquid glue.--The annual fee for the
16movement of nonhazardous liquid glue, as provided for in section
174979.5 (relating to permit for movement of nonhazardous liquid
18glue), shall be [$800] $1,000.
22(r) Excess damage permit.--The annual fee for excess damage
23permits, as provided for in section 4961(d) (relating to
24authority to issue permits), shall be [$500] $640 to cover the
25costs of administering the permit and inspections of the
29The fee for a special hauling permit for a mobile home,
30modular housing unit or modular housing undercarriage which
31exceeds the maximum size prescribed in this title but which does
32not exceed 14 feet in body width shall be [$25] $39. The fee for
33a special hauling permit for a mobile home or modular housing
34unit, as provided in section 4973 (relating to permits for
35movement of a mobile home or a modular housing unit and modular
36housing undercarriage), shall be [$50] $76.
37§ 1945. Books of permits.
38* * *
42§ 1947. Refund of certain fees.
46§ 1951. Driver's license and learner's permit.
47* * *
1the cost of the photograph.
2§ 1952. Certificate of title.
5(b) Manufacturer's or dealer's notification.--The fee for a
6manufacturer's or dealer's notification of acquisition of a
7vehicle from another manufacturer or dealer for resale pursuant
8to section 1113 (relating to transfer to or from manufacturer or
9dealer) shall be [$3] $5.
10§ 1953. Security interest.
13§ 1955. Information concerning drivers and vehicles.
14(a) Drivers, registrations, titles and security interests.--
18(2) If a Commonwealth agency has entered into a contract
19with a third party to deliver driver information to a person
20that has complied with section 6114(b)(5) (relating to
21limitation on sale, publication and disclosure of records),
22the department may impose an additional fee of up to $2 for
23the requested record.
24(3) Upon approval from the department, a person that has
25received the driver information from the third party under
26paragraph (2) that has complied with section 6114(b)(5) may
27provide the information, for a fee, to a third party for the
28same purposes contained in section 6114(b)(5) without the
29payment of any additional fees under this subsection to the
31(4) Except as provided in paragraph (3), a person that
32sells, publishes or discloses or offers to sell, publish or
33disclose the information received by the person under this
34subsection commits a summary offense and shall, upon
35conviction, be sentenced to pay a fine of not less than $500
36nor more than $1,000.
37(5) The department shall comply with the provisions of
38section 6114(d) with respect to the information of a driver
39under 18 years of age whose information is provided to any
40person under this subsection.
41* * *
42§ 1956. Certified copies of records.
43(a) Department records.--The fee for a certified copy of any
44department record which the department is authorized by law to
45furnish to the public shall be [$5] $22 for each form or
46supporting document comprising such record.
47(b) State Police reports.--The fee for a certified
48Pennsylvania State Police record of investigation of a vehicle
49accident which the Pennsylvania State Police are authorized by
50this title to furnish to the public shall be [$5] $22 for each
51copy of the Pennsylvania State Police full report of
2§ 1957. Uncollectible checks.
3Whenever any check issued in payment of any fee or for any
4other purpose is returned to the department or a municipality as
5uncollectible, the department or municipality shall charge a fee
6of [$10] $38 for each driver's license, registration,
7replacement of tags, transfer of registration, certificate of
8title, whether original or duplicate, special hauling permit and
9each other unit of issue by the department or municipality, plus
10all protest fees, to the person presenting the check, to cover
11the cost of collection.
12§ 1958. Certificate of inspection.
13(a) General rule.--The department shall charge [$2] $5 for
14each annual certificate of inspection [and $1], $3 for each
15semiannual certificate of inspection and $2 for each certificate
17§ 1959. Messenger service.
31The department shall charge a fee of [$25] $70 or, if section
321379 (relating to suspension of registration upon sixth unpaid
33parking violation in cities of the first class) or 1786(d)
34(relating to required financial responsibility) applies, a fee
35of [$50] $88 to restore a person's operating privilege or the
36registration of a vehicle following a suspension or revocation.
37§ 1961. Secure power of attorney.
41Section 27. (Reserved).
46* * *
49* * *
1unlawful to operate or to cause to be operated in this
2Commonwealth any qualified motor vehicle unless the vehicle
3bears the identification markers required by this section or
4valid and unrevoked IFTA identification markers issued by
5another IFTA jurisdiction.
6* * *
7(2) For a period not exceeding 30 days as to any one
8motor carrier, the Secretary of Revenue by letter or telegram
9may authorize the operation of a qualified motor vehicle or
10vehicles without the identification markers required when
11both the following are applicable:
19(A) The fee for such temporary permits shall be
20[$5] $7 for each qualified motor vehicle which shall
21be deposited in the Highway Bridge Improvement
22Restricted Account within the Motor License Fund.
30(3) A motor carrier may, in lieu of paying the tax
31imposed and filing the tax report required by Chapter 96 and
32in lieu of complying with any other provisions of this
33section that would otherwise be applicable as a result of the
34operation of a particular qualified motor vehicle, obtain
35from the Department of Revenue a trip permit authorizing the
36carrier to operate the qualified motor vehicle for a period
37of five consecutive days. The Department of Revenue shall
38specify the beginning and ending days on the face of the
39permit. The fee for a trip permit for each qualified motor
40vehicle is [$50] $73 which shall be deposited in the Highway
41Bridge Improvement Restricted Account within the Motor
42License Fund. The report otherwise required under Chapter 96
43is not required with respect to a vehicle for which a trip
44permit has been issued under this subsection.
45* * *
46Section 29. (Reserved).
47Section 30. (Reserved).
50§ 3111. Obedience to traffic-control devices.
51* * *
2(1) A person who violates this section commits a summary
3offense and shall, upon conviction, pay a fine of $150. No
4other costs or surcharges, including those described in 42
5Pa.C.S. § 1725.1 (relating to costs) and section 6506
6(relating to surcharge), shall be assessed or imposed upon a
7conviction under this paragraph.
17* * *
20§ 3362. Maximum speed limits.
21(a) General rule.--Except when a special hazard exists that
22requires lower speed for compliance with section 3361 (relating
23to driving vehicle at safe speed), the limits specified in this
24section or established under this subchapter shall be maximum
25lawful speeds and no person shall drive a vehicle at a speed in
26excess of the following maximum limits:
27(1) 35 miles per hour in any urban district.
33(i) is not a numbered traffic route; and
36(2) 55 miles per hour in other locations.
39* * *
48(2) Any person exceeding the maximum speed limit by more
49than five miles per hour shall pay an additional fine of $2
50per mile for each mile in excess of five miles per hour over
51the maximum speed limit.
1§ 3363. Alteration of maximum limits.
2On highways under their respective jurisdictions, local
3authorities subject to section 6109(e) (relating to specific
4powers of department and local authorities) or the department,
5upon the basis of an engineering and traffic investigation, may
6determine that the maximum speed permitted under this subchapter
7is greater or less than is reasonable and safe under the
8conditions found to exist upon any such highway or part thereof
9and establish a reasonable and safe maximum limit. The maximum
10speed limit may be made effective at all times or at times
11indicated and may vary for different weather conditions and
12other factors bearing on safe speeds. No maximum speed greater
13than 55 miles per hour shall be established under this section
14except on highways listed in section 3362(a)(1.1) (relating to
15maximum speed limits), where the maximum speed for all vehicles
16shall not be greater than  70 miles per hour.
19§ 4902. Restrictions on use of highways and bridges.
20(a) Restrictions based on condition of highway or bridge.--
21(1) The Commonwealth and local authorities with respect
22to highways and bridges under their jurisdictions may
23prohibit the operation of vehicles and may impose
24restrictions as to the weight or size of vehicles operated
25upon a highway or bridge only when they determine by
26conducting an engineering and traffic study as provided for
27in department regulations that the highway or bridge may be
28damaged or destroyed unless use by vehicles is prohibited or
29the permissible size or weight of vehicles is reduced.
33(3) The department may issue a statement of policy,
34which shall take effect upon publication in the Pennsylvania
35Bulletin, adopting an appropriate methodology to provide
36letters of local determination that identify particular
37vehicles, routes or uses as local in nature.
38(4) The methodology under paragraph (3) may allow for
39exemptions from 67 Pa. Code Ch. 189 (relating to hauling in
40excess of posted weight limit) related to at-risk industry
41sectors experiencing a 20% decline in Statewide employment
42between March 2002 and March 2011, as determined by the
43Department of Labor and Industry.
44(5) The exemptions and related requirements under
45paragraph (4) may remain in existence only until December 31,
462018. Exemptions for local delivery or pickup may not include
47traffic going to or coming from a site at which minerals,
48natural gas or natural resources are developed, harvested or
49extracted, notwithstanding whether the site is located at a
50residence, a commercial site or on farmland. Delivery or
51pickup of logs or other forest products to or from permanent
1processing mills located on or reachable only through posted
2highways shall be considered local delivery or pickup.
3Delivery or pickup of coal to or from permanent coal
4reprocessing or preparation plants located on or reachable
5only through posted highways and not on the same posted
6highway as a site at which coal is extracted shall be
7considered local delivery or pickup.
8* * *
9(c) Permits and security.--
10(1) The Commonwealth and local authorities may issue
11permits for movement of vehicles of size and weight in excess
12of restrictions promulgated under subsections (a) and (b)
13with respect to highways and bridges under their jurisdiction
14and may require such [undertaking] agreement or security as
15they deem necessary to cover the cost of repairs and
16restoration necessitated by the permitted movement of
17vehicles. In reference to subsection (a), the Commonwealth
18and local authorities shall not refuse to issue a permit with
19respect to a highway under their jurisdiction if there is no
20reasonable alternate route available. For purposes of this
21section, "reasonable alternate route" shall mean a route
22meeting the criteria set forth in department regulations
23relating to traffic and engineering studies.
32(iii) The department may establish a permit type
33allowing the posting authority to determine that damage
34to the posted highway covered by the permit will be
35minimal. This type of permit may include categories based
36on the number and kinds of loads expected, including a
37category providing that use of the posted highway under a
38single minimum use permit of less than 700 loads per year
39shall not require an agreement or security. The
40department may alter the 700 loads per year minimum use
41threshold if it determines the structural capacity of the
42State highways can accept a higher or lower amount of
43over-posted weight traffic. The department may express
44the threshold as a loads-per-day, loads-per-week or
1different impact upon highways and bridges.
2(3) The department shall promulgate regulations to
3implement this section. During the two years immediately
4following the effective date of this section, the department
5may promulgate temporary regulations, which shall expire no
6later than three years following the effective date of this
7paragraph or upon promulgation of final regulations,
8whichever occurs first. Temporary regulations promulgated by
9the department under this paragraph shall not be subject to
10any of the following:
16* * *
18(i) Authority to conduct investigations and audits.--The
19Commonwealth and local authorities may conduct or cause to be
20conducted an investigation and audit of a person or entity to
21determine if there has been a violation of this section,
22pertinent regulation or agreement. Audits shall be limited to
23proper usage of letters of local determination and de minimis
24and minimum use permits.
25(j) Authority to suspend, revoke or deny permits.--The
26Commonwealth and local authorities may suspend, revoke or deny a
27permit and agreement if it is determined by the Commonwealth or
28a local authority that there has been a violation of this
29section, pertinent regulation or agreement, notwithstanding any
30other provision of this section.
33§ 4962. Conditions of permits and security for damages.
34* * *
35(f.3) Additional authorized travel periods.--With respect to
36oversized vehicles (over-length, over-width, or over-height), a
37permitted vehicle, combination or load may operate under a
38permit from sunrise to sunset every day of the week except as
46(4) As restricted by the permit.
47* * *
50§ 4968. Permit for movement during course of manufacture.
51(a.1) General rule.--An annual permit may be issued
1authorizing movement on specified highways of:
2* * *
3(3) aircraft refueling vehicles or vehicles and
4combinations carrying [raw] milk, raw coal, flat-rolled steel
5coils, steel slabs, hot ingots, a hot box, pulpwood and wood
6chips, raw water or cryogenic liquid which exceed the maximum
7weight specified in Subchapter C while they are in the course
8of manufacture and under contract with or under the direct
9control of the manufacturer, provided that they do not exceed
10the maximum height, width or length specified in Subchapter B
11unless they also qualify under paragraph (1), subject to the
12provisions in subsection (a.2).
14* * *
15(4) A combination of vehicles which is hauling [raw]
16milk to or from a manufacturer may be permitted by the
17department and local authorities to move upon highways within
18their respective jurisdictions 24 hours a day, seven days a
19week, except during inclement weather as defined in
20department regulations, if the gross weight does not exceed
2195,000 pounds and the weight of any nonsteering axle does not
22exceed 21,000 pounds. No permit may be issued for this type
23of movement upon an interstate highway. An application to the
24department for the movement of milk, except for raw milk,
25shall designate the route the applicant requests to use.
26* * *
40"Milk." The term shall mean any of the following:
41(1) Bulk milk.
42(2) Evaporated milk.
43(3) Raw milk.
44(4) Condensed milk.
48Section 35. Section 6110 of Title 75 is amended to read:
49§ 6110. Regulation of traffic on Pennsylvania Turnpike.
1Pennsylvania Turnpike Commission unless specifically modified by
2rules and regulations promulgated by the commission which shall
3become effective only upon publication in accordance with law. A
4copy of the rules and regulations, so long as they are
5effective, shall be posted at all entrances to the turnpike or
6highway for the inspection of persons using the turnpike or
7highway. This section does not authorize the establishment of a
8maximum speed limit greater than 55 miles per hour, except that
9a 65-miles-per-hour or 70-miles-per-hour maximum speed limit for
10all vehicles may be established where the commission has posted
11a 65-miles-per-hour or 70-miles-per-hour speed limit.
12(a.1) Posting.--No maximum speed limit established under
13subsection [(a)(1) or (2)] (a) shall be effective unless posted
14on fixed or variable official traffic-control devices erected
15after each interchange on the portion of highway on which the
16speed limit is in effect and wherever else the commission shall
19(1) Except as otherwise provided in this subsection, any
20person violating any of the rules and regulations of the
21Pennsylvania Turnpike Commission for which no penalty has
22otherwise been provided by statute commits a summary offense
23and shall, upon conviction, be sentenced to pay a fine of
25[(2) Any person violating any of the rules and
26regulations of the commission prohibiting fare evasion or
27attempted fare evasion commits a summary offense and shall,
28upon conviction, be sentenced to pay a fine according to the
29classification by the commission of the vehicle driven by
30that person at the time of violation as follows:
31(i) Class 1 through 2: $100.
32(ii) Class 3 through 6: $500.
33(iii) Class 7 and higher: $1,000.
34(3) In addition to the fines imposed under this
35subsection, restitution shall be made to the commission in an
36amount equal to the full fare, for the appropriate vehicle
37class, from the farthest point of entry on the turnpike to
38the actual point of exit.]
41§ 6110.1. Fare evasion.
42(a) Penalty.--A person that violates a regulation of the
43Pennsylvania Turnpike Commission prohibiting fare evasion or
44attempted fare evasion commits a summary offense and shall, upon
45conviction, be sentenced to pay a fine according to the
46classification by the commission of the vehicle driven by that
47person at the time of violation as follows:
48(1) Class 1 through 2: $100.
49(2) Class 3 through 6: $500.
50(3) Class 7 and higher: $1,000.
51(b) Affirmative action.--A person that intentionally or
1knowingly takes an affirmative action in an attempt to evade
2tolls incurred for travel upon the Pennsylvania turnpike or a
3road under its control commits a misdemeanor of the third degree
4and shall, upon conviction, be sentenced to:
5(1) pay a fine of $3,000 for a first offense; and
8(c) Construction.--Prosecution of a violation of this
9section shall not preclude prosecution under section 1332
10(relating to display of registration plate), section 7122
11(relating to altered, forged or counterfeit documents and
12plates) or section 7124 (relating to fraudulent use or removal
13of registration plate).
14(d) Restitution.--In addition to the fines imposed under
15this section, restitution shall be made to the commission in an
16amount equal to the full fare, for the appropriate vehicle
17class, from the farthest point of entry on the turnpike to the
18actual point of exit.
39§ 6118. Municipal police officer education and training.
40Beginning July 1, 2014, and each year thereafter, the sum of
41$5,000,000 is appropriated annually to the Pennsylvania State
42Police from the Motor License Fund to make payments under 53
43Pa.C.S. § 2170 (relating to reimbursement of expenses)
44consistent with the requirements of section 11 of Article VIII
45of the Constitution of Pennsylvania. If money is not available
46to make full payments, the Municipal Police Officers' Education
47and Training Commission shall make payments on a pro rata basis.
48Section 35.2. Section 6506 of Title 75 is amended to read:
49§ 6506. Surcharge.
3(1) Upon conviction for any violation of the provisions
4of this title or other statute of the Commonwealth, or
5regulations promulgated under this title, which is a traffic
6violation and which is not included within the provisions of
7paragraphs (2) through (7), exclusive of parking offenses, a
8surcharge of [$30] $45.
27(5) Upon conviction for violation of section 4902
28(relating to restrictions on use of highways and bridges),
29Subchapter C of Chapter 49 (relating to maximum weights of
30vehicles) or Subchapter E of Chapter 49 (relating to
31measuring and adjusting vehicle size and weight), a surcharge
32of [$150] $225.
33(6) Upon conviction for violation of Chapter 47
34(relating to inspection of vehicles), by the owner or
35operator or driver of a vehicle which is subject to the
36provisions of Chapter 49 (relating to size, weight and load),
37a surcharge of [$30] $45.
38(7) Upon conviction of offenses under section 1543(b)
39(1.1) (relating to driving while operating privilege is
40suspended or revoked), 3802 (relating to driving under
41influence of alcohol or controlled substance) or 3808(a)(2)
42(relating to illegally operating a motor vehicle not equipped
43with ignition interlock), or upon admission to programs for
44Accelerated Rehabilitative Disposition for offenses
45enumerated in section 1543(b)(1.1), 3802 or 3808(a)(2), a
46surcharge, respectively, of:
47(i) [$50] $75 for the first offense.
48(ii) [$100] $150 for the second offense.
49(iii) [$200] $300 for the third offense.
5The provisions of this subsection shall not apply to any
6violation committed by the operator of a motorcycle, motor-
7driven cycle, pedalcycle, motorized pedalcycle or recreational
8vehicle not intended for highway use.
10(1) Notwithstanding any other statutory provision:
15(ii) All surcharges levied and collected under
16subsections (a)(2) through (7) by any division of the
17unified judicial system shall be remitted to the
18Commonwealth for deposit in the Pennsylvania
19Transportation Trust Fund.
20(iii) All surcharges levied and collected under
21subsection (a)(8) and (9) by any division of the unified
22judicial system shall be remitted to the appropriate
23towing and storage agent as set forth in section
246309.2(e) (relating to immobilization, towing and storage
25of vehicle for driving without operating privileges or
26registration) for purposes of funding its costs
27associated with Subchapter A of Chapter 63 (relating to
36§ 8901. Definitions.
40"Annual additional payments." As follows:
44(i) $200,000,000 paid as annual base payments;
45(ii) any Interstate 80 savings for that fiscal year.
46(2) If the conversion period has expired and a
47conversion notice has not been received by the secretary, in
48each subsequent fiscal year until the end of the term of the
49lease agreement, the annual additional payments shall be
50$250,000,000. No annual additional payments shall be due
51after fiscal year 2021-2022.
12* * *
15(1) $750,000,000 in fiscal year 2007-2008.
16(2) $850,000,000 in fiscal year 2008-2009.
17(3) $900,000,000 in fiscal year 2009-2010.
18(4) For fiscal year 2010-2011 [and each fiscal year
19thereafter] through fiscal year 2021-2022, the amount shall
20be the amount calculated for the previous year increased by
212.5%, except that the amount shall be equal to the annual
22base payments plus $250,000,000 if the conversion notice is
23not received by the secretary prior to the expiration of the
24conversion period. For fiscal year 2014-2015 and each fiscal
25year thereafter through fiscal year 2021-2022, at least
26$30,000,000 of this amount shall be paid from then current
33§ 8915.6. Deposit and distribution of funds.
37(1) For fiscal year 2007-2008, $450,000,000.
38(2) For fiscal year 2008-2009, $500,000,000.
39(3) For fiscal year 2009-2010, $500,000,000.
45* * *
46Section 38. (Reserved).
47Section 39. (Reserved).
50§ 9002. Definitions.
51The following words and phrases when used in this chapter
3* * *
4"Average wholesale price." [The average wholesale price per
5gallon of all taxable liquid fuels and fuels, excluding the
6Federal excise tax and all liquid fuels taxes, as determined by
7the Department of Revenue for the 12-month period ending on the
8September 30 immediately prior to January 1 of the year for
9which the rate is to be set. In no case shall the average
10wholesale price be less than 90¢ nor more than $1.25 per
11gallon.] The average wholesale price of all taxable liquid fuels
12and fuels, excluding the Federal excise tax and all liquid fuels
13taxes shall be as follows:
18(3) After December 31, 2016, the average wholesale price
19shall be as determined by the Department of Revenue for the
2012-month period ending on the September 30 immediately prior
21to January 1 of the year for which the rate is to be set. In
22no case shall the average wholesale price be less than $2.99
24* * *
28§ 9004. Imposition of tax, exemptions and deductions.
29(a) [Liquid fuels and fuels tax.--A permanent State tax of
3012¢ a gallon or fractional part thereof is imposed and assessed
31upon all liquid fuels and fuels used or sold and delivered by
32distributors within this Commonwealth.] (Reserved).
33(b) Oil company franchise tax for highway maintenance and
34construction.--[In addition to the tax imposed by subsection
35(a), the] The tax imposed by Chapter 95 (relating to taxes for
36highway maintenance and construction) shall [also] be imposed
37and collected on liquid fuels and fuels, on a cents-per-gallon
38equivalent basis, upon all gallons of liquid fuels and fuels [as
39are taxable under subsection (a)] used or sold and delivered by
40distributors within this Commonwealth.
43* * *
47* * *
50§ 9006. Distributor's report and payment of tax.
51* * *
1(b) Computation and payment of tax.--
2* * *
3(2) The discount under paragraph (1) shall not be
4computed on any tax imposed and remitted with respect to the
5oil company franchise tax imposed under sections 9004(b)
6(relating to imposition of tax, exemptions and deductions)
7and 9502 (relating to imposition of tax), except with respect
8to the oil company franchise tax imposed under section
99502(a)(5) (relating to imposition of tax).
10* * *
13§ 9010. Disposition and use of tax.
14(a) [Payment to Liquid Fuels Tax Fund.--One-half cent per
15gallon of the tax collected under section 9004(a) (relating to
16imposition of tax, exemptions and deductions) shall be paid into
17the Liquid Fuels Tax Fund of the State Treasury. The money paid
18into that fund is specifically appropriated for the purposes set
19forth in this chapter.] (Reserved).
20(b) Payment to counties.--
21(1) The money paid into the Liquid Fuels Tax Fund under
22section 9502(a)(5)(i) (relating to imposition of tax), except
23that which is refunded, shall be paid to the respective
24counties of this Commonwealth on June 1 and December 1 of
25each year in the ratio that the average amount returned to
26each county during the three preceding years bears to the
27average amount returned to all counties during the three
29* * *
31* * *
32(3) The [remaining tax collected under section 9004(a),
33the] tax of 1 1/2¢ a gallon imposed and assessed on liquid
34fuels used or sold and delivered for use as a fuel in
35propeller-driven aircraft or aircraft engines, the tax of 1
361/2¢ a gallon on liquid fuels used or sold and delivered for
37use as a fuel in jet or turbojet-propelled aircraft or
38aircraft engines in lieu of other taxes, all penalties and
39interests and all interest earned on deposits of the Liquid
40Fuels Tax Fund shall be paid into the Motor License Fund.
41This money is specifically appropriated for the same purposes
42for which money in the Motor License Fund is appropriated by
46§ 9017. Refunds.
47* * *
48(c) Motorboats and watercraft.--
1in the operation of motorboats or watercraft upon the waters
2of this Commonwealth, including waterways bordering on this
3Commonwealth, the full amount of the tax shall be refunded to
4the Boat Fund on petition to the board in accordance with
6* * *
11(a) Public work.--For locally funded highway and bridge
12projects, the term "public work" as used in the act of August
1315, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
14Wage Act, shall mean construction, reconstruction, demolition,
15alteration and repair work, other than maintenance work, done
16under contract and paid for in whole or in part out of the funds
17of a public body if the estimated cost of the total project is
18in excess of $100,000. The term shall not include work performed
19under a rehabilitation or manpower training program.
25(1) paid to counties under section 9010(b) (relating to
26disposition and use of tax), including borrowed funds under
27section 9010(b)(2)(ii), whether expended by the county or
28allocated or apportioned to political subdivisions;
32(3) made available to municipalities from the Highway
33Bridge Improvement Restricted Account within the Motor
34License Fund for expenditure on bridge rehabilitation,
35replacement and removal projects pursuant to the act of
36December 8, 1982 (P.L. 848, No.235), known as the Highway-
37Railroad and Highway Bridge Capital Budget Act for 1982-1983,
38and its supplements;
39(4) awarded to municipalities as transportation
40enhancement grants under section 3116 (relating to automated
41red light enforcement systems in first class cities) or 3117
42(relating to automated red light enforcement systems in
14(b) General rule.--Of the funds available under section
159502(a)(1) (relating to imposition of tax), [$1,000,000]
16$7,000,000 shall be annually distributed to the Department of
17Conservation and Natural Resources for the maintenance and
18mitigation of dust and sediment pollution from parks and
19forestry roads. Funds in the amount of [$4,000,000] $28,000,000
20shall be appropriated annually to the State Conservation
21Commission and administered in a nonlapsing, nontransferable
22account restricted to maintenance and improvement of dirt [and
23gravel], gravel and low-volume State and municipal roads. The
24State Conservation Commission shall apportion the funds based on
25written criteria it develops to establish priorities based on
26preventing dust and sediment pollution. In the first fiscal
27year, top priority shall be given to specific trouble spot
28locations already mapped by the Task Force on Dirt and Gravel
29Roads and available from the department. A minimum of $8,000,000
30of the total appropriated annually shall be for maintenance and
31improvement of low-volume roads.
32* * *
33§ 9301. Supplemental funding for municipal highway maintenance.
34(a) Annual appropriation.--The General Assembly shall
35annually appropriate, beginning with the 1980-1981 fiscal year,
36the sum of $5,000,000 for supplemental payments to
37municipalities to assist in the maintenance and construction
38costs of municipal roads. The moneys appropriated by authority
39of this section shall be distributed to municipalities in
40accordance with the provisions of the act of June 1, 1956 (1955
41P.L.1944, No.655), [entitled "An act providing a permanent
42allocation of a part of the fuels and liquids fuels tax proceeds
43to cities, boroughs, incorporated towns and townships, for their
44road, street and bridge purposes; conferring powers and imposing
45duties on local officers and the Department of Highways; and
46making an appropriation out of the Motor License Fund; and
47repealing existing legislation."] referred to as the Liquid
48Fuels Tax Municipal Allocation Law.
1(1) The distribution shall be in the ratio of:
9(c) Additional allocation to municipalities.--Commencing
10July 1, 2014, an amount of $30,000,000 is appropriated out of
11the Motor License Fund and shall be distributed to
12municipalities pursuant to the Liquid Fuels Tax Municipal
14§ 9502. Imposition of tax.
15(a) General rule.--
16(1) An "oil company franchise tax for highway
17maintenance and construction" which shall be an excise tax of
1860 mills is hereby imposed upon all liquid fuels and fuels as
19defined and provided in Chapter 90 (relating to liquid fuels
20and fuels tax), and such tax shall be collected as provided
21in section 9004(b) (relating to imposition of tax, exemptions
22and deductions). Of the amount collected in fiscal year 2015-
232016, and each fiscal year thereafter, $35,000,000 shall be
24deposited in the Multimodal Transportation Fund established
25under 74 Pa.C.S. § 2101 (relating to Multimodal
26Transportation Fund), to be expended in accordance with
27section 11 of Article VIII of the Constitution of
29(2) An additional 55 mills is hereby imposed on all
30liquid fuels and fuels as defined and provided in Chapter 90
31and such tax shall also be collected as provided in section
329004(b), the proceeds of which shall be distributed as
34(i) [Forty-two] Forty-five percent to county
35maintenance districts for highway maintenance for fiscal
36year 2013-2014, 29% for fiscal year 2014-2015, 25% for
37fiscal year 2015-2016 and 19% for fiscal year 2016-2017
38and each year thereafter. This allocation shall be made
39according to the formula provided in section 9102(b)(2)
40(relating to distribution of State highway maintenance
41funds). This allocation shall be made in addition to and
42not a replacement for amounts normally distributed to
43county maintenance districts under section 9102.
44(ii) [Seventeen percent for highway capital
45projects.] Fourteen percent for highway capital projects
46for fiscal year 2013-2014, 30% for fiscal year 2014-2015,
4734% for fiscal year 2015-2016 and 40% for fiscal year
482016-2017 and each year thereafter. Annually, until
49fiscal year 2023-2024, an amount equal to 15% of all
50appropriations to the department for highway and bridge
51capital programs shall be distributed at the discretion
3(iii) Thirteen percent for bridges.
18(vi) Fourteen percent for toll roads designated
19pursuant to the act of September 30, 1985 (P.L.240,
20No.61), known as the Turnpike Organization, Extension and
21Toll Road Conversion Act, to be appropriated under
23(3) An additional 38.5 mills is hereby imposed upon all
24liquid fuels and fuels as defined and provided in Chapter 90,
25and such tax shall also be collected as provided in section
269004(b), the proceeds of which shall be deposited in The
27Motor License Fund and distributed as follows:
28(i) Twelve percent to municipalities on the basis of
29and subject to the provisions of the act of June 1, 1956
30(1955 P.L.1944, No.655), referred to as the Liquid Fuels
31Tax Municipal Allocation Law, is appropriated.
10(J) For any fiscal year beginning with 1997-1998
11through and including fiscal year 2000-2001, the
12department shall make supplemental maintenance
13program payments from the Statewide highway
14restoration betterment program to those county
15maintenance districts for which the total highway
16maintenance appropriations and executive
17authorizations in accordance with section 9102(b)
18would be less than the amount received in 1996-1997
19from the highway maintenance appropriation, the
20Secondary Roads-Maintenance and Resurfacing Executive
21Authorization, the Highway Maintenance Excise Tax
22Executive Authorization and the Highway Maintenance
24The words and phrases used in this paragraph shall have the
25meanings given to them in section 9101 (relating to
26definitions). This one-time allocation shall be made in
27addition to and is not a replacement for amounts normally
28distributed to county maintenance districts under section
30(ii) Sixty-eight percent to the department for
31distribution in accordance with section 9102(b)(2) for
32fiscal year 2013-2014; 49% for fiscal year 2014-2015 and
3340% for each fiscal year thereafter.
34(iii) Twenty percent to the department for expanded
35highway and bridge maintenance for fiscal year 2013-2014;
3639% for fiscal year 2014-2015 and 48% for each fiscal
37year thereafter to be distributed as follows:
46(4) An additional 55 mills is hereby imposed upon all
47fuels as defined and provided in chapter 90 and such tax
48shall also be collected as provided in section 9004(b) upon
49such fuels, the proceeds of which shall be deposited in The
50Highway Bridge Improvement Restricted Account within the
51Motor License Fund and is hereby appropriated.
1(5) An additional 64 mills in calendar year 2014, 49
2mills in calendar year 2015, 48 mills in calendar year 2016,
341 mills in calendar year 2017 and 39 mills in each calendar
4year thereafter, is imposed upon all liquid fuels and fuels
5as defined and provided in Chapter 90; and the tax shall also
6be collected as provided in section 9004(b) upon such fuels.
7The proceeds of the tax shall be deposited and distributed as
9(i) Four and seventeen hundredths percent to the
10Liquid Fuels Tax Fund of the State Treasury. The money
11paid into that fund is specifically appropriated for the
12purposes set forth in section 9010 (relating to
13disposition and use of tax).
14(ii) Ninety-five and eighty-three hundredths
15percent to the Motor License Fund. This money is
16specifically appropriated for the same purposes for which
17money in the Motor License Fund is appropriated by law.
18Twenty percent of the money under this subparagraph shall
19be allocated to municipalities in accordance with section
21* * *
24§ 9511. Allocation of proceeds.
25* * *
28(1) The amount of the proceeds deposited in the Motor
29License Fund pursuant to this chapter which[, in fiscal year
301983-1984,] is attributable to [two] three mills of the tax
31imposed under section 9502(a) (relating to imposition of tax)
32[and which, in fiscal year 1984-1985 and thereafter, is
33attributable to three mills of the tax,] shall be deposited
37(A) Twenty-seven million dollars shall be
38deposited in the State Highway Transfer Restoration
39Restricted Account within the Motor License Fund. The
40funds deposited in the State Highway Transfer
41Restoration Restricted Account shall be appropriated
42annually for expenditure as provided under subsection
44(B) All funds not deposited in accordance with
45clause (A) shall be deposited in the Highway Bridge
46Improvement Restricted Account within the Motor
47License Fund for local bridges, notwithstanding if
48the project is administered by a county, municipality
49or the department.
1(A) One and one-half mill shall be deposited in
2the State Highway Transfer Restoration Restricted
3Account within the Motor License Fund, which account
4is hereby created. The funds deposited in the State
5Highway Transfer Restoration Restricted Account are
6hereby annually appropriated out of the account upon
7authorization by the Governor for expenditure as
8provided in subsection (g).
9(B) One and one-half mill shall be deposited in
10the Highway Bridge Improvement Restricted Account
11within the Motor License Fund for local bridges,
12notwithstanding if the project is administered by a
13county, municipality or the department.
14(2) If funds are available to make payments under
15subsection (g)(1), the department may transfer funds
16deposited under paragraph (1)(i) and (ii) between the State
17Highway Transfer Restoration Restricted Account and the
18Highway Bridge Improvement Restricted Account at the
19discretion of the secretary.
20* * *
21(e.1) Allocation to municipalities for traffic signals.--In
22addition, up to $10,000,000 for fiscal year 2014-2015, up to
23$25,000,000 for fiscal year 2015-2016 and up to $40,000,000 for
24fiscal year 2016-2017 and each fiscal year thereafter, is
25appropriated out of the Motor License Fund to replace,
26synchronize, time, operate and maintain traffic signals within
27traffic corridors consistent with 74 Pa.C.S. Ch. 92 (relating to
28traffic signals). The funds shall be used and allocated in
29accordance with the following:
30(1) During fiscal year 2014-2015, up to $10,000,000 is
31allocated to municipalities for upgrading traffic signals to
32light-emitting diode technology and for performing regional
33operations such as retiming, developing special event plans
34and monitoring traffic signals.
35(2) During fiscal year 2015-2016, up to $25,000,000
36shall be allocated to municipalities for upgrading traffic
37signals to light-emitting diode technology, performing
38regional operations such as retiming, developing special
39event plans and monitoring traffic signals and for
40maintaining and operating traffic signals.
41(3) During fiscal years 2016-2017 and each fiscal year
42thereafter, up to $40,000,000 shall be allocated to
43municipalities for upgrading traffic signals to light-
44emitting diode technology, performing regional operations
45such as retiming, developing special event plans and
46monitoring traffic signals and for maintaining and operating
1(5) The department shall establish guidelines for
2applications and approval of applications from municipalities
3for the financial assistance being provided. Applicants must
4enter into agreements provided for under 74 Pa.C.S. Ch. 92.
5Priority will be given to multi-municipal improvements.
6(g) Use of funds in the State Highway Transfer Restoration
7Restricted Account.--The funds appropriated in subsection (b)
8for deposit in the State Highway Transfer Restoration Restricted
9Account shall be used to pay for the costs of restoration of
10such highways as provided in Chapter 92 (relating to transfer of
11State highways) and annual payments to the municipalities for
12highway maintenance in accordance with the following:
13(1) Annual maintenance payments shall be at the rate of
14$4,000 per mile for each highway or portion of highway
15transferred under Chapter 92, section 222 of the act of June
161, 1945 (P.L.1242, No.428), known as the State Highway Law,
17or any statute enacted in 1981.
18(2) Annual maintenance payments shall be paid at the
19same time as funds appropriated under the act of June 1, 1956
20(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
21Municipal Allocation Law, except that no maintenance payment
22shall be paid for a highway until after the year following
23its transfer to the municipality.
27(4) Annual maintenance payments under this subsection
28shall be deposited into the municipality's liquid fuels tax
29account and may be used on any streets and highways in the
30municipality in the same manner and subject to the same
31restrictions as liquid fuels tax funds paid under the Liquid
32Fuels Tax Municipal Allocation Law or, in the case of a
33county, under section 10 of the act of May 21, 1931 (P.L.149,
34No.105), known as The Liquid Fuels Tax Act.
35* * *
36(i) Refund to Pennsylvania Fish and Boat Commission.--
37(1) When the tax imposed by section 9502(a)(1), (2), (3)
38and (4) (relating to imposition of tax) has been paid and the
39fuel on which the tax has been imposed has been consumed in
40the operation of motorboats or watercraft upon the waters of
41this Commonwealth, including waterways bordering this
42Commonwealth, the full amount of the tax shall be refunded to
43the Boat Fund on petition to the Board of Finance and Revenue
44in accordance with prescribed procedures.
45(2) In accordance with the procedures, the Pennsylvania
46Fish and Boat Commission shall biannually calculate the
47amount of liquid fuels consumed by the motorcraft and furnish
48the information relating to its calculations and data as
49required by the Board of Finance and Revenue. The Board of
50Finance and Revenue shall review the petition and motorboat
51fuel consumption calculations of the commission, determine
1the amount of the oil company franchise tax paid and certify
2to the State Treasurer to refund annually to the Boat Fund
3the amount so determined. The department shall be accorded
4the right to appear at the proceedings and make its views
6(3) For the fiscal years commencing July 1, 2013, July
71, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the
8money under paragraph (2) shall be used by the commission
9acting by itself or by agreement with other Federal and State
10agencies only for the improvement of hazardous dams
11impounding waters of this Commonwealth on which boating is
12permitted, including the development and construction of
13boating areas and the dredging and clearing of water areas
14where boats can be used. The commission shall present its
15plan no later than September 30 of each year through
16September 30, 2017, to the chairman and minority chairman of
17the Transportation Committee and the chairman and minority
18chairman of the Game and Fisheries Committee of the Senate
19and the chairman and minority chairman of the Transportation
20Committee and the chairman and minority chairman of the Game
21and Fisheries Committee of the House of Representatives
22regarding the use of the funds. For the fiscal year
23commencing July 1, 2018, and for each fiscal year thereafter,
24this money shall be used by the commission acting by itself
25or by agreement with other Federal and State agencies only
26for the improvement of the waters of this Commonwealth on
27which motorboats are permitted to operate and may be used for
28the development and construction of motorboat areas; the
29dredging and clearing of water areas where motorboats can be
30used; the placement and replacement of navigational aids; the
31purchase, development and maintenance of public access sites
32and facilities to and on waters where motorboating is
33permitted; the patrolling of motorboating waters; the
34publishing of nautical charts in those areas of this
35Commonwealth not covered by nautical charts published by the
36United States Coast and Geodetic Survey or the United States
37Army Corps of Engineers and the administrative expenses
38arising out of the activities; and other similar purposes.
39Section 43. The following shall apply:
4Section 44. The General Assembly declares that the amendment
5of 75 Pa.C.S. § 4968(a.2)(4) shall not affect requirements of
6the Department of Transportation regarding the permit for the
7movement of raw milk found at 50A on pages 83 and 84 of
8Publication 31 of the Department of Transportation.
9Section 45. The Department of Transportation and the
10Pennsylvania Turnpike Commission may amend the lease agreement
11entered into by them pursuant to 75 Pa.C.S. § 8915.3 in order to
12conform the provisions of the lease to the amendments to the
13rights and obligations of the Department of Transportation and
14the Pennsylvania Turnpike Commission contained in this act.
15Section 46. The maximum principal amount of additional debt
16to be incurred under this act for capital projects specifically
17itemized in a capital project itemization act pursuant to
18section 7(a)(4) of Article VIII of the Constitution of
19Pennsylvania shall be $500,000,000. Debt shall be incurred in
20accordance with the act of February 9, 1999 (P.L.1, No.1), known
21as the Capital Facilities Debt Enabling Act, and the Motor
22License Fund shall be charged with the repayment of the debt.
23The net proceeds from the sale of obligations authorized in this
24section are appropriated to the Department of Transportation to
25be used exclusively to defray financial costs of capital
26projects specifically itemized in accordance with the Capital
27Facilities Debt Enabling Act. The money necessary to pay debt
28service or to pay arbitrage rebates required under section 148
29of the Internal Revenue Code of 1986 (Public Law 99-514, 26
30U.S.C. § 148) due on the obligations under this section in
31fiscal year 2013-2014 is appropriated to the State Treasurer
32from the Motor License Fund.
33Section 47. The sum of $1,000,000 is appropriated to the
34Department of Transportation from the Multimodal Transportation
35Fund for costs incurred by the department in the administration
36of the programs under 74 Pa.C.S. § 2401(a)(1).
37Section 48. This act shall take effect as follows:
40(i) This section.
41(ii) Sections 43, 44, 45 and 46 of this act.
42(iii) The addition of 74 Pa.C.S. Ch. 2.
43(iv) The amendment of 74 Pa.C.S. § 1504.
46(vi) The amendment of 74 Pa.C.S. § 1512.
51(ix) The addition of 74 Pa.C.S. § 1517.1.
1(x) The addition of 74 Pa.C.S. Ch. 21.
2(xi) The addition of 74 Pa.C.S. Ch. 59 Subch. C.
3(xii) The amendment of 74 Pa.C.S. § 8105(b)(2).
4(xiii) The addition of 74 Pa.C.S. Ch. 92.
5(xiv) The addition of 74 Pa.C.S. Ch. 93.
6(xv) The reenactment of 75 Pa.C.S. § 1550(d)(2).
15(xvii) The amendment of 75 Pa.C.S. § 8915.6.
16(xviii) The amendment of 75 Pa.C.S. § 9002.
23(ii) The amendment of 75 Pa.C.S. § 1307(f).
24(iii) The amendment of 75 Pa.C.S. § 1904.
25(iv) The amendment of 75 Pa.C.S. § 3111.
26(v) The amendment of 75 Pa.C.S. § 6506.
29(vii) The addition of 75 Pa.C.S. § 9024.
34(ii) The amendment of 75 Pa.C.S. § 2102.
39(ii) The amendment of 75 Pa.C.S. §§ 1353 and 1355.
40(iii) The amendment or addition of 75 Pa.C.S. §§
411913, 1920(a) and (c)(1), 1921, 1922, 1924, 1925, 1926,
421926.1, 1927, 1928, 1929, 1930, 1931, 1931.1, 1933, 1942,
431943, 1944, 1945, 1947 and 1958.
44(iv) The amendment of 75 Pa.C.S. § 8901.
45(v) The amendment of 75 Pa.C.S. § 9106.
46(vi) The amendment of 75 Pa.C.S. § 9502(a)(2)(iv).
51(ii) The amendment of 75 Pa.C.S. § 1617.
1(iii) The amendment of 75 Pa.C.S. § 1786(d).