S0001B1145A01955 JKL:JB 06/04/13 #90 A01955
AMENDMENTS TO SENATE BILL NO. 1
Sponsor: SENATOR RAFFERTY
Printer's No. 1145
7 Alternative Energy Capital Investment Program and for
8Amend Bill, page 1, line 11, by inserting after "funding;"
9 in airport operation and zoning, further providing for the
10imposition of a rental car customer facility charge by a city of
11the first class, for the collection of the customer facility
12charge on behalf of the city by rental car companies leasing
13space or obtaining customers at an international airport, for
14use of the proceeds of the rental car customer facility charge
15for the development, maintenance and operation of a consolidated
16rental car facility to improve services to the public at the
17airport; for an agreement between a city of the first class and
18rental car companies relating to the development and use of the
19consolidated car rental facility and for the administration and
20enforcement of the rental car customer facility charge;
21Amend Bill, page 4, by inserting between lines 8 and 9
22(12) In furtherance of the Commonwealth's energy policy,
23which includes becoming independent from overreliance on
24foreign energy sources, programs must be established to
25promote reliance on or conversion to alternative energy
26sources, including the vast natural gas supply of this
1Amend Bill, page 6, by inserting between lines 3 and 4
2Section 1.1. Section 303 of Title 74 is amended to read:
5(a) General rule.--In [administering] bidding and awarding
6contracts for transportation projects funded pursuant to the
7provisions of this title or Title 75 (relating to vehicles), the
8department, the commission and any local transportation
10(1) Be responsible for ensuring that all competitive
11contract opportunities issued by the department, the
12commission or local transportation organization seek to
13maximize participation by [minority-owned and women-owned
14businesses and other disadvantaged] diverse businesses.
18(i) A prime contractor is required to document and
19submit all good faith efforts to solicit subcontractors
20from diverse businesses during the prebid and bidding
21process, which shall be evaluated by contracting
23(ii) The prime contractor must include in the bid
24the name and business address of each subcontractor
25certified as a diverse business that will perform work or
26labor, or render services to the prime contractor in
27connection with the performance of the contract.
28(2) [Give] Encourage contractors to utilize and give
29consideration[, when possible and cost effective,] to
30contractors offering to utilize [minority-owned and women-
31owned businesses and disadvantaged] diverse businesses in the
32selection and award of contracts.
33(3) Ensure that the department's, the commission's and
34local transportation organizations' commitment to [the
35minority-owned and women-owned business program]
36participation by diverse businesses is clearly understood and
37appropriately implemented and enforced by all applicable
38department, commission and local transportation organization
40(4) Designate a responsible official to supervise the
41department, the commission and local transportation
42organization [minority-owned and women-owned] diverse
43business program and ensure compliance within the department,
44the commission or local transportation organization.
1Pa.C.S. Pt. I (relating to Commonwealth Procurement Code),
2against businesses that fail to comply with this section or
3the policies of the Commonwealth [minority-owned and women-
4owned] diverse business [program] programs. This paragraph
5shall not apply to a local transportation organization.
9(1) Conduct the necessary and appropriate outreach,
10including using the database available on the Internet
11website of the Department of General Services, for purposes
12of identifying diverse businesses in general construction
13capable of performing contracts subject to this section.
14(2) By October 1, 2014, and each October 1 thereafter,
15submit a report to the chairman and minority chairman of the
16Transportation Committee of the Senate and the chairman and
17minority chairman of the Transportation Committee of the
18House of Representatives summarizing the participation level
19of diverse businesses in all competitive contract
20opportunities issued by the department, the commission or
21local transportation organization. The commission or local
22transportation organization shall cooperate with the
23department to complete the report. The report shall include:
32(3) Transmit the report under paragraph (2) to the
33Minority Business Development Authority, established under
34the act of July 22, 1974 (P.L.598, No.206), known as the
35"Pennsylvania Minority Business Development Authority Act."
36The authority shall review the report to assess the
37effectiveness in advancing this section and to make any
38recommendations for changes in this section deemed necessary
39or desirable to the secretary and the chairman and minority
40chairman of the Transportation Committee of the Senate and
41the chairman and minority chairman of the Transportation
42Committee of the House of Representatives.
11"Local transportation organization." Any of the following:
12(1) A political subdivision or a public transportation
13authority, port authority or redevelopment authority
14organized under the laws of this Commonwealth or pursuant to
15an interstate compact or otherwise empowered to render,
16contract for the rendering of or assist in the rendering of
17transportation service in a limited area in this
18Commonwealth, even though it may also render or assist in
19rendering transportation service in adjacent states.
24"Minority-owned business." A business owned and controlled
25by a majority of individuals who are African Americans, Hispanic
26Americans, Native Americans, Asian Americans, Alaskans or
34Amend Bill, page 6, line 17, by inserting after "assistance"
38Amend Bill, page 8, by inserting between lines 20 and 21
39(5.1) If, by July 1, 2021, legislation is not enacted to
40replace the revenue deposited in the fund under subsection
41(b)(1), in fiscal year 2021-2022 and in each fiscal year
42thereafter, the following shall apply:
45(ii) Notwithstanding any other provision of law,
46the source of the revenue deposited in the fund under
47this paragraph shall be the receipts from the tax
48collected under section 238 of the Tax Reform Code on
1motor vehicles, trailers and semi-trailers.
2Amend Bill, page 11, by inserting between lines 29 and 30
3(5) For the program established under section 1517.1
4(relating to Alternative Energy Capital Investments Program),
5no more than $60 million of the revenues deposited in the
6fund under subsection (c) may be allocated from the fund.
7Amend Bill, page 21, by inserting between lines 3 and 4
10§ 1517.1. Alternative Energy Capital Investment Program.
11(a) Establishment.--The department is authorized to
12establish a competitive grant program to implement capital
13improvements deemed necessary to support conversion of a local
14transportation organization's fleet to an alternative energy
15source, including compressed natural gas.
20(c) Additional authorization.--Notwithstanding any other
21provisions of this section or other law, the department may use
22funds designated for the program established under subsection
23(a) to supplement a local transit organization's base operating
24allocation under section 1513 (relating to operating program) if
25necessary to stabilize an operating budget and ensure that
26efficient services may be sustained to support economic
27development and job creation and retention.
30the amount allocated
33 Upon agreement of a majority among the chairman and minority
34chairman of the Transportation Committee of the Senate and of
35the chairman and minority chairman of the Transportation
36Committee of the House of Representatives, money
1 Five and one-half
5Amend Bill, page 22, by inserting between lines 27 and 28
19Amend Bill, page 23, by inserting between lines 13 and 14
23FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY
255931. Scope of subchapter.
275933. Customer facility charge.
28§ 5931. Scope of subchapter.
31§ 5932. Definitions.
38"Airport owner." Any of the following:
39(1) A city which owns and operates an airport.
1available for use by the airport owner.
2"City." A city of the first class.
3"Concession agreement." A regulation, contract, permit,
4license or other agreement entered into between an airport owner
5and a vehicle rental company which includes the terms and
6conditions under which the company may transact its rental
7vehicle business at the airport or on airport property.
11(1) A rental facility.
12(2) A rental facility improvement.
13(3) The proportionate cost of a transportation system.
14(4) A rental facility operation and maintenance expense.
23(4) Is owned or leased by a vehicle rental company.
33(2) The manner in which the proceeds of the customer
34facility charge are to be used for the development,
35operation, maintenance and funding of a rental facility, a
36rental facility improvement, the proportionate cost of a
37transportation system and the cost of operations and
39(3) A procedure and requirement for a consultation
40regarding the implementation of this subchapter and the
41disclosure to vehicle rental companies of information
42relating to the collection and use of the customer facility
46"Rental facility improvement." A facility or structure on
47airport property that is for the common use of vehicle rental
48companies. The term shall include planning, finance, design,
49construction, equipping or furnishing of the facility or
51"Rental facility operations and maintenance." The cost of
13§ 5933. Customer facility charge.
14(a) Imposition.--A city may impose a customer facility
15charge of not more than $8 per rental day on a customer renting
16a motor vehicle from a vehicle rental company doing business at
17an airport. A customer facility charge may:
23(b) Amendment.--The following shall apply:
33(2) An amended rental facility agreement may authorize
34the increase or decrease of the amount of the customer
35facility charge to fund the current costs authorized under
36the rental facility agreement.
37(c) Enforcement.--The terms of a rental facility agreement
38may be interpreted and enforced by a court of competent
39jurisdiction through the imposition of a mandatory or
40prohibitive injunction. Monetary damages may not be awarded to a
41vehicle rental company or to a person required to pay the
42customer facility charge for a violation of the terms and
43conditions of the rental facility agreement.
44(d) Time limitation.--If a rental facility agreement is not
45executed within two years of the effective date of the
46implementation of the customer facility charge, a city may
47continue to impose and collect the customer facility charge
48authorized under subsection (a) or proceed, in consultation with
49the vehicle rental companies, to plan, design, finance and
50construct a facility to be used for the provision of vehicle
51rental service on airport property. The cost to a rental vehicle
4(e) Additional cost.--A customer facility charge shall be in
5addition to other motor vehicle rental fees and taxes imposed
6under law, except that the customer facility charge may not
7constitute part of the purchase price of a motor vehicle rental
8imposed under any of the following:
16(f) Collection.--The following shall apply:
17(1) A customer facility charge shall be:
36(2) A rental facility improvement.
37(3) The proportionate cost of a transportation system.
38(4) A rental facility operation and maintenance.
41(1) The planning and design of a rental facility.
47(1) Require a vehicle rental company to provide periodic
48statements of account, file returns, authorize payments and
49maintain records, in accordance with the vehicle rental
50company's obligations under this subchapter.
51(2) Conduct an examination to ensure a vehicle rental
3(i) Collect an amount due.
6(iii) Grant a refund.
19Amend Bill, page 91, by inserting between lines 3 and 4
20(5) If, by July 1, 2021, legislation is not enacted to
21replace the revenue distributed from the fund under
22subsection (b)(2) and (3), in fiscal year 2021-2022 and in
23each fiscal year thereafter, the following shall apply:
26(ii) Notwithstanding any other provision of law,
27the source of the revenue deposited in the fund under
28this paragraph shall be the receipts from the tax
29collected under section 238 of the act of March 4, 1971
30(P.L.6, No.2), known as the Tax Reform Code of 1971, on
31motor vehicles, trailers and semi-trailers.
5Amend Bill, page 97, by inserting between lines 9 and 10
9Amend Bill, page 99, by inserting between lines 27 and 28
10(i) Refund to Pennsylvania Fish and Boat Commission.--
11(1) When the tax imposed by this chapter has been paid
12and the fuel on which the tax has been imposed has been
13consumed in the operation of motorboats or watercraft upon
14the waters of this Commonwealth, including waterways
15bordering on this Commonwealth, the full amount of the tax
16shall be refunded to the Boat Fund on petition to the board
17in accordance with prescribed procedures.
18(2) In accordance with such procedures, the Pennsylvania
19Fish and Boat Commission shall biannually calculate the
20amount of liquid fuels consumed by the motorcraft and furnish
21the information relating to its calculations and data as
22required by the board. The board shall review the petition
23and motorboat fuel consumption calculations of the
24commission, determine the amount of liquid fuels tax paid and
25certify to the State Treasurer to refund annually to the Boat
26Fund the amount so determined. The department shall be
27accorded the right to appear at the proceedings and make its
29(3) For the fiscal years commencing July 1, 2013, July
301, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the
31money under paragraph (2) shall be used by the commission
32acting by itself or by agreement with other Federal and State
33agencies only for the improvement of hazardous dams
34impounding waters of this Commonwealth on which boating is
35permitted, including the development and construction of
36boating areas and the dredging and clearing of water areas
37where boats can be used. For the fiscal year commencing July
381, 2018, and for each fiscal year thereafter, this money
39shall be used by the commission acting by itself or by
40agreement with other Federal and State agencies only for the
41improvement of the waters of this Commonwealth on which
42motorboats are permitted to operate and may be used for the
43development and construction of motorboat areas; the dredging
44and clearing of water areas where motorboats can be used; the
45placement and replacement of navigational aids; the purchase,
46development and maintenance of public access sites and
1facilities to and on waters where motorboating is permitted;
2the patrolling of motorboating waters; the publishing of
3nautical charts in those areas of this Commonwealth not
4covered by nautical charts published by the United States
5Coast and Geodetic Survey or the United States Army Corps of
6Engineers and the administrative expenses arising out of such
7activities; and other similar purposes.
10 as follows:
13(2) This section shall take effect immediately.