1Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
2"An act relating to roads, streets, highways and bridges;
3amending, revising, consolidating and changing the laws
4administered by the Secretary of Highways and by the
5Department of Highways relating thereto," in construction,
6improvement, maintenance and repair of State highways,
7further providing for rules for use of, and injury to,
8highways and penalty.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 420(b) of the act of June 1, 1945
12(P.L.1242, No.428), known as the State Highway Law, is amended
13by adding a paragraph to read:

14Section 420. Rules for Use of, and Injury to, Highways;
15Penalty.--* * *

16(b) The secretary may issue permits for the opening of
17streets and driveways onto State highways and for the opening of
18the surface and occupancy of State highways on terms and
19conditions established in department regulations. Permits may be
20conditioned upon posting of bonds or other security and

1liability insurance. Any bonds or other security relating to
2highway restoration posted in connection with surface opening
3permits shall be based upon highway restoration costs and shall
4cover a period not in excess of two (2) years from the
5department's acknowledgment of completion of the work.

6* * *

7(3) The secretary shall prescribe a schedule of application,
8review, inspection and miscellaneous fees payable to the
9department in connection with permits under the department
10regulations and publish the schedule in the Pennsylvania
11Bulletin. The secretary may periodically review and revise the
12schedule and publish a revised schedule in the Pennsylvania
13Bulletin. Application fees shall not exceed the approximate
14reasonable cost of reviewing, processing, extending and issuing
15the application and changes thereto, including review of plans
16and preliminary review of the site location. Review fees shall
17not exceed the approximate reasonable cost of reviewing the
18application and related studies and plans and changes thereto
19where the secretary determines the type of permit normally
20requires more than minor review. Additional reasonable fees may
21be charged if the applicant requests expedited review. If an 
22applicant has paid an additional fee for expedited review of an 
23application and the application neither is approved nor 
24disapproved within sixty (60) days of the filing thereof, the 
25application shall be deemed to be approved. Inspection fees
26shall not exceed the approximate reasonable cost of spot
27inspection of the permitted work, subsequent inspection after
28the permitted work has been completed or additional inspection
29by the department or a consultant if deemed necessary by the
30department because the permitted work is of sufficient magnitude

1or importance to warrant additional inspection. Miscellaneous
2fees shall not exceed the reasonable cost of notary services and
3recording fees for permits and related documents. The secretary
4may include guidance on the method and timing of payments in the
5schedule.

6* * *

7Section 2. This act shall take effect in 60 days.