PRINTER'S NO. 577
No. 550 Session of 1981
INTRODUCED BY FREIND, FEBRUARY 10, 1981
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 10, 1981
AN ACT
1 Creating the State Transportation Commission, providing for its
2 powers and duties, abolishing the Department of
3 Transportation and the Pennsylvania Turnpike Commission, and
4 making certain repeals.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 2. General Provisions
10 Section 201. State Transportation Commission.
11 Section 202. State Transportation Commissioner.
12 Section 203. Deputy commissioners.
13 Section 204. Powers and duties of the commission.
14 Section 205. Acquisition of rights-of-way.
15 Section 206. Lease of real property by commission.
16 Section 207. Machinery, equipment, lands and buildings.
17 Section 208. Districts.
18 Section 209. General road improvement.
1 Section 210. Township roads.
2 Section 211. Acquisition of toll roads and bridges.
3 Section 212. Rebuilding certain bridges.
4 Section 213. Certain contracts by commissioner.
5 Section 214. Motor License Fund.
6 Section 215. Contracts for consultant purposes.
7 Section 216. Highway responsibility study.
8 Chapter 3. Turnpike Division and Commission Boards
9 Subchapter A. Turnpike Division
10 Section 301. Turnpike division organization.
11 Section 302. Turnpike funds.
12 Subchapter B. State Transportation Board
13 Section 311. State Transportation Board organization.
14 Section 312. Public hearings.
15 Section 313. Powers and duties.
16 Section 314. Special local interest provisions.
17 Section 315. Highway classification system.
18 Section 316. Rules and regulations.
19 Subchapter C. State Transportation Advisory Committee
20 Section 321. State Transportation Advisory Committee
21 organization.
22 Chapter 4. Miscellaneous Provisions
23 Section 401. Transitional provisions.
24 Section 402. Specific repeals.
25 Section 403. General repeals.
26 Section 404. Effective date.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 CHAPTER 1
30 PRELIMINARY PROVISIONS
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1 Section 101. Short title.
2 This act shall be known and may be cited as the "State
3 Transportation Commission Act."
4 Section 102. Definitions.
5 The following words and phrases when used in this act shall
6 have, unless the context clearly indicates otherwise, the
7 meanings given to them in this section:
8 "Commission." The State Transportation Commission created by
9 this act.
10 "Commissioner." The State Transportation Commissioner.
11 "Department." The former Pennsylvania Department of
12 Transportation abolished by this act.
13 "Secretary." The former Secretary of Transportation
14 abolished by this act.
15 "Turnpike." Any highway or series of highways described as a
16 turnpike in:
17 (1) section 3 of the act of May 21, 1937 (P.L.774,
18 No.211), referred to as the Pennsylvania Turnpike Commission
19 Act;
20 (2) section 4 of the act of May 16, 1940 (1941 Sp.Sess.,
21 P.L.949, No.11), known as the "Pennsylvania Turnpike
22 Philadelphia Extension Act";
23 (3) section 4 of the act of June 11, 1941 (P.L.101,
24 No.53), known as the "Western Pennsylvania Turnpike Extension
25 Act";
26 (4) section 4 of the act of May 23, 1951 (P.L.335,
27 No.74), known as the "Pennsylvania Turnpike Delaware River
28 Extension Act";
29 (5) section 4 of the act of September 27, 1951
30 (P.L.1430, No.348), known as the "Pennsylvania Turnpike
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1 Northeastern Extension Act";
2 (6) section 4 of the act of January 14, 1952 (1951
3 P.L.1947, No.547), known as the "Pennsylvania Turnpike
4 Gettysburg Extension Act";
5 (7) section 4 of the act of July 28, 1953 (P.L.706,
6 No.229), known as the "Pennsylvania Turnpike Northwestern
7 Extension Act";
8 (8) section 4 of the act of June 10, 1955 (P.L.157,
9 No.50), known as the "Pennsylvania Turnpike Keystone Shortway
10 Act";
11 (9) section 4 of the act of June 14, 1955 (P.L.174,
12 No.52), known as the "Pennsylvania Turnpike Southwestern
13 Extension Act"; and
14 (10) section 4 of the act of May 15, 1956 (1955
15 P.L.1589, No.534), known as the "Pennsylvania Turnpike
16 Philadelphia Loop Extension Act".
17 All turnpikes defined, authorized and provided for by the acts
18 set forth in this definition shall be deemed a single turnpike
19 for the purposes of this act.
20 CHAPTER 2
21 GENERAL PROVISIONS
22 Section 201. State Transportation Commission.
23 The State Transportation Commission, which is hereby created
24 as an independent administrative commission, shall exercise the
25 powers and duties vested and imposed upon it by this act, and
26 shall also exercise those powers and duties formerly vested in
27 the secretary and the Department of Transportation and in those
28 agencies and individuals to which the secretary and department
29 were successors.
30 Section 202. State Transportation Commissioner.
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1 The State Transportation Commissioner shall serve as the
2 chief executive officer of the State Transportation Commission.
3 The commissioner shall serve a ten-year term or until his
4 successor is appointed and qualified and shall be appointed as
5 follows. Whenever the office of the commissioner is vacant, the
6 Governor shall appoint a special three member selection panel
7 composed of representatives of business, labor and highway
8 users. Such representatives shall be chosen from names submitted
9 to the Governor by the Pennsylvania Chamber of Commerce; the
10 AFL/CIO and Teamsters; and the Pennsylvania AAA Automobile Club.
11 The selection panel shall meet and shall submit to the Governor
12 a list of five names agreed upon by all three panel members for
13 the position of commissioner. The Governor shall appoint a
14 commissioner from among those names submitted by the panel with
15 the advice and consent of two-thirds of the members elected to
16 the Senate. The commissioner shall receive a salary of $
17 per year.
18 Section 203. Deputy commissioners.
19 (a) The commissioner shall appoint six deputy commissioners
20 who shall have the titles of Deputy Commissioner for
21 Administration, Deputy Commissioner for Highway Administration,
22 Deputy Commissioner for Safety Administration, Deputy
23 Commissioner for Planning, Deputy Commissioner for Local and
24 Area Transportation and Deputy Commissioner for Turnpike
25 Administration.
26 (b) The Deputy Commissioner for Administration shall have
27 the powers and perform the duties and functions regarding the
28 fiscal affairs of the commission, the management information
29 systems, office services, personnel, and operations analysis and
30 improvement.
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1 (c) The Deputy Commissioner for Highway Administration shall
2 have the powers and perform the functions and duties regarding
3 the design, construction, maintenance and land acquisition of
4 State designated highways and shall assure that the design,
5 maintenance, operation and replacement of highways will be such
6 as to protect health and minimize danger to life or property.
7 (d) The Deputy Commissioner for Safety Administration shall
8 conduct a continuing study of means to prevent accidents and
9 injuries on the highways and shall exercise such powers and
10 duties with regard to safety in other modes of transportation as
11 may be prescribed by law.
12 (e) The Deputy Commissioner for Planning shall have the
13 powers and perform the functions and duties provided in this act
14 with regard to environment, conservation, health, recreation and
15 social considerations, transportation planning statistics,
16 economic research, program and budget and advance planning.
17 (f) The Deputy Commissioner for Local and Area
18 Transportation shall have the powers and perform the functions
19 and duties regarding services to municipalities, local and
20 public transportation, planning, development and funding of
21 local and public transportation, technological development of
22 air, rail, water or other modes of transportation (except
23 recreational boating and ferry licensing), environmental design
24 and improvement of transportation services and airports and
25 aircraft.
26 (g) The Deputy Commissioner for Turnpike Administration
27 shall have the powers and perform the functions and duties
28 regarding the administration, operation and maintenance of the
29 turnpike division of the commission.
30 Section 204. Powers and duties of the commission.
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1 The State Transportation Commission in accord with
2 appropriations made by the General Assembly, and grants of funds
3 from Federal, State, regional, local or private agencies, shall
4 have the power, and its duty shall be:
5 (1) To develop and maintain a continuing, comprehensive
6 and coordinated transportation planning process.
7 (2) To develop programs designed to foster efficient and
8 economical public transportation services in the
9 Commonwealth.
10 (3) To prepare plans for the preservation and
11 improvement of the commuter railroad system.
12 (4) To develop plans for more efficient public
13 transportation service by motor bus operation.
14 (5) To prepare and develop plans and programs for all
15 modes of urban transportation, including in addition to
16 commuter rail and motor bus, rapid rail trolley coach,
17 surface rail, corridor rail, and other innovative modes of
18 urban transportation.
19 (6) To coordinate the transportation activities of the
20 department with those of other public agencies and
21 authorities.
22 (7) To cooperate with interstate commissions and
23 authorities, State departments, councils, boards, commission,
24 authorities and other State agencies, with political
25 subdivisions of the Commonwealth, with appropriate Federal
26 agencies, public agencies in other states, and with
27 interested private individuals and organizations in the
28 coordination of plans and policies for the development of
29 ground, air and water commerce and facilities.
30 (8) To mark, build, rebuild, relocate, fix the width of,
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1 construct, repair, and maintain State designated highways and
2 transportation facilities and rights-of-way.
3 (9) To undertake the powers and duties formerly
4 performed by the Department of Transportation under the act
5 of January 22, 1968 (P.L.42, No.8), known as the
6 "Pennsylvania Urban Mass Transportation Law".
7 (10) To have exclusive authority and jurisdiction over
8 all State designated highways.
9 (11) To superintend, supervise and control the work of
10 constructing, reconstructing, maintaining and repairing State
11 designated highways, and other transportation facilities and
12 rights-of-way.
13 (12) To enter into contracts for designing,
14 constructing, repairing, or maintaining, State designated
15 highways, and other transportation facilities and rights-of-
16 way, airports or any parts thereof, as may now or hereafter
17 be provided by law.
18 (13) To prepare and submit every even-numbered year
19 prior to September 1, to the State Transportation Board for
20 its consideration, a program which it recommends to be
21 undertaken by the commission during the 12 fiscal years next
22 ensuing. Each two years thereafter, the commission, taking
23 into consideration the recommendations of the State
24 Transportation Board, and other relevant information, shall
25 review, revise, adjust and extend its construction program
26 for two years. The preparation and consideration of the
27 program shall be coordinated with the preparation and
28 consideration of the Commonwealth's Capital Program by the
29 State Planning Board. Copies of construction programs shall
30 be supplied to the members of the General Assembly and shall
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1 be open to the public for inspection and shall be made
2 available to interested persons. The priority of improvement
3 shall be based upon relative need and sufficiency ratings
4 maintained by the department.
5 (14) To appear or intervene as a party, when the
6 commission deems it appropriate, before the Public Utility
7 Commission when transportation problems are being considered
8 by the commission.
9 (15) To consult with appropriate officials as designated
10 by the chief administrative officer of the Department of
11 Agriculture, the Department of Environmental Resources, the
12 Department of Community Affairs, the Department of Health,
13 the State Planning Board and the Fish Commission regarding
14 the environmental hazards and the agricultural, conservation,
15 sanitary, recreation and social considerations that may arise
16 by reason of the location, design, construction or
17 reconstruction of any transportation or air facility. No
18 highway, transit line, highway interchange, airport, or other
19 transportation corridor or facility, shall be built or
20 expanded in such a way as to use any land from any recreation
21 area, wildlife or waterfowl refuge, historic site, State
22 forest land, State game land, wilderness areas or public park
23 unless:
24 (i) there is no feasible and prudent alternative to
25 the use of such land; and
26 (ii) such corridor or facility is planned and
27 constructed so as to minimize harm to such recreation
28 area, wildlife or waterfowl refuge, historic site, State
29 forest land, State game land, wilderness area, or public
30 park.
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1 (16) To represent the transportation interests of the
2 Commonwealth including any of its agencies or
3 instrumentalities at the direction of the Governor, or when
4 the commissioner deems it appropriate before any Federal
5 agency or commission which determines national or regional
6 transportation rates, routes or policy.
7 (17) To acquire, by purchase, lease, eminent domain
8 proceedings, gift or otherwise, so as to restore or replace,
9 for just compensation, from a railroad, or in the event any
10 such railroad is subject to a proceeding under the Bankruptcy
11 Law, by a direction from the court having jurisdiction in
12 such bankruptcy proceedings to the trustee or trustees or the
13 debtor to offer to convey to the State, for just
14 compensation, all of its right, title, and interest free and
15 clear of all encumbrances, in any right-of-way, track and
16 other related real and personal property on any branch line
17 or other railroad within the Commonwealth which has been
18 damaged or destroyed within the period between January 1,
19 1972 and December 31, 1972 as a result of natural disaster or
20 suspended by action of its owners or operator and which have
21 not been scheduled for restoration or replacement under a
22 Federal loan program and provided that there is demonstrated
23 a valid need for the establishment or reestablishment of
24 railroad service in the affected area.
25 (18) To sell or lease any right-of-way, track, and other
26 related real and personal property on any branch line or
27 other railroad within the Commonwealth which has been damaged
28 or destroyed within the period between January 1, 1972 and
29 December 31, 1972 as a result of natural disaster or
30 suspended by action of its owners or operator which has been
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1 acquired for restoration or replacement, so as to provide for
2 the operation of restored or replaced railroad lines with
3 regional and local public bodies and agencies and private
4 corporations with the technical capability to carry out the
5 proposed railroad service.
6 (19) To perform and assume all the power, duty,
7 authority, responsibility and obligation of the former
8 Pennsylvania Turnpike Commission for the administration,
9 operation, and maintenance of the turnpike and all the
10 employees, facilities, equipment, records, moneys and
11 obligations of the former commission which are hereby
12 transferred to the State Transportation Commission. In
13 addition the commission shall exercise all the powers, duties
14 and responsibilities provided in the following acts:
15 Act of June 12, 1931 (P.L.575, No.200), entitled "An
16 act providing for joint action by Pennsylvania and New
17 Jersey in the development of the ports on the lower
18 Delaware River, and the improvement of the facilities for
19 transportation across the river; authorizing the
20 Governor, for these purposes, to enter into an agreement
21 with New Jersey; creating The Delaware River Joint
22 Commission and specifying the powers and duties thereof,
23 including the power to finance projects by the issuance
24 of revenue bonds; transferrying to the new commission all
25 the powers of the Delaware River Bridge Joint Commission;
26 and making an appropriation."
27 Act of June 25, 1931 (P.L.1352, No.332), entitled "An
28 act providing for joint action by the Commonwealth of
29 Pennsylvania and the State of New Jersey in the
30 administration, operation, and maintenance of bridges
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1 over the Delaware River, and for the construction of
2 additional bridge facilities across said river;
3 authorizing the Governor, for these purposes, to enter
4 into an agreement with the State of New Jersey; creating
5 a Delaware River Joint Toll Bridge Commission and
6 specifying the powers and duties thereof, including the
7 power to finance the construction of additional bridges
8 by the issuance of revenue bonds to be redeemed from
9 revenues derived from tolls collected at such bridges;
10 transferring to said commission all powers now exercised
11 by existing commission created to acquire toll bridges
12 over the Delaware River; and making an appropriation."
13 Act of June 1, 1945 (P.L.1242, No.428), known as the
14 "State Highway Law."
15 Act of June 30, 1951 (P.L.956, No.191), entitled "An
16 act authorizing the Governor, on behalf of the
17 Commonwealth of Pennsylvania, to enter into a compact or
18 agreement with the State of New Jersey authorizing the
19 Pennsylvania Turnpike Commission and the New Jersey
20 Turnpike Authority to select a location for a bridge
21 across the Delaware River and, acting alone or in
22 conjunction with each other, to construct, finance,
23 operate and maintain such bridge, including the power to
24 fix and collect tolls, and authorizing the Governor to
25 apply, on behalf of the Commonwealth of Pennsylvania, to
26 the Congress of the United States for its consent
27 thereto."
28 Act of January 18, 1952 (1951 P.L.2159, No.615),
29 referred to as the Pennsylvania Public Safety Commission
30 Act.
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1 Act of April 6, 1956 (P.L.1414, No.465), known as the
2 "Second Class County Port Authority Act."
3 Act of May 17, 1957 (P.L.160, No.73), entitled "An
4 act requiring all tunnels on the Pennsylvania Turnpike to
5 be painted white or lined with a light colored material
6 and be equipped with continuous lighting."
7 Act of May 17, 1957 (P.L.160, No.74), entitled "An
8 act requiring the erection and maintenance of medial
9 barriers or guards on the Pennsylvania Turnpike between
10 the Donegal and Bedford interchanges."
11 Act of September 8, 1959 (P.L.828, No.322), entitled
12 "An act authorizing the Pennsylvania Turnpike Commission
13 to construct tunnels or additional lanes on the turnpike
14 between the Irwin and Middlesex interchanges."
15 Act of September 15, 1961 (P.L.1305, No.573),
16 entitled "An act requiring the erection and maintenance
17 of medial barriers or guards on the Pennsylvania
18 Turnpike."
19 Title 75 (Vehicles) of the act of November 25, 1970
20 (P.L.707, No.230), known as the Pennsylvania Consolidated
21 Statutes.
22 Act of December 6, 1972 (P.L.1392, No.298), known as
23 the "Third Class City Port Authority Act."
24 Section 205. Acquisition of rights-of-way.
25 (a) Upon the submission of the preliminary plan or design to
26 the commission for any transportation route or program requiring
27 the acquisition of new or additional right-of-way, the
28 commission except in cases involving complaint proceedings under
29 the jurisdiction of the Public Utility Commission shall have the
30 power and its duty shall be to follow the hearing procedures now
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1 or hereafter required by the Federal Government for Federal-aid
2 transportation programs pursuant to Titles 23 and 49 of the
3 United States Code as amended and the regulations and procedures
4 thereunder even though the transportation route or program does
5 not contemplate the use of or actually employ Federal funds. At
6 the hearings required by this subsection the commission shall
7 consider the following effects of the transportation route or
8 program:
9 (1) Residential and neighborhood character and location.
10 (2) Conservation including air, erosion, sedimentation,
11 wildlife and general ecology of the area.
12 (3) Noise, and air and water pollution.
13 (4) Multiple use of space.
14 (5) Replacement housing.
15 (6) Displacement of families and businesses.
16 (7) Recreation and parks.
17 (8) Aesthetics.
18 (9) Public health and safety.
19 (10) Fast, safe and efficient transportation.
20 (11) Civil defense.
21 (12) Economic activity.
22 (13) Employment.
23 (14) Fire protection.
24 (15) Public utilities.
25 (16) Religious institutions.
26 (17) Conduct and financing of government including the
27 effect on the local tax base and social service costs.
28 (18) Natural and historic landmarks.
29 (19) Property values.
30 (20) Education, including the disruption of school
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1 district operations.
2 (21) Engineering, right-of-way and construction costs of
3 the project and related facilities.
4 (22) Maintenance and operating costs of the project and
5 related facilities.
6 (23) Operation and use of existing transportation routes
7 and programs during construction and after completion.
8 (b) At the hearings required by subsection (a), the public
9 officials named in section 204(15) shall make a report
10 indicating the environmental effects of the proposed
11 transportation route or program. The commission shall not
12 construct or reconstruct any portion of the transportation route
13 or program unless the commissioner makes a written finding
14 published in the Pennsylvania Bulletin that:
15 (1) no adverse environmental effect is likely to result
16 from such transportation route or program; or
17 (2) there exists no feasible and prudent alternative to
18 such effect and all reasonable steps have been taken to
19 minimize such effect.
20 For the purpose of this subsection environmental effect shall
21 refer to the effects enumerated in this section.
22 Section 206. Lease of real property by commission.
23 (a) Any other provision of law to the contrary
24 notwithstanding, the commission may lease real property acquired
25 for any State designated highway or other transportation
26 facility as is not required for the free movement of traffic,
27 upon the following terms and conditions in each case:
28 (1) The lessee shall be public agency, but such public
29 agency may sublease to another public agency or, if there be
30 no such agency desiring to sublease, then to one or more
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1 private entities. However, such private entities shall make
2 payments in lieu of taxes to the political subdivisions in
3 which such leased property is located in an amount equal to
4 the annual taxes that would normally be due on such property,
5 if taxable and further, the commission may lease directly to
6 a private entity during the interim period between property
7 acquisition and construction.
8 (2) The lessee or sublessee shall pay all costs incident
9 to:
10 (i) Alteration or construction for its own use of
11 the leased area.
12 (ii) Any change in the highway or other
13 transportation facility occasioned by such use.
14 (iii) Relocation or replacement of public utility
15 facilities, not exceeding the capacity of those occupying
16 the leased area at the time of lease, occasioned by such
17 use.
18 (iv) Relocation or replacement of the related
19 facilities of a consumer of public utility services
20 occasioned by any required relocation of the facilities
21 of the serving utility.
22 (v) Relocation or replacement of the facilities of
23 an occupant of property abutting the highway or other
24 transportation facility occasioned by any alteration,
25 construction, change, relocation or replacement described
26 in the foregoing subparagraphs (i), (ii) and (iii).
27 (b) Revenue derived from any lease of land originally
28 acquired for highway purposes shall be deposited in the Motor
29 License Fund.
30 Section 207. Machinery, equipment, lands and buildings.
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1 (a) The commission in accord with appropriations made by the
2 General Assembly, and grants of funds from Federal, State,
3 regional, local or private agencies, shall have the power, and
4 its duty shall be:
5 (1) Subject to the limitations hereinbefore in this act
6 contained, to purchase and maintain materials, supplies and
7 equipment, necessary for the construction and repair of
8 highways and State-owned airports, and to employ all labor
9 necessary therefor.
10 (2) If necessary in order to expedite and more
11 efficiently to carry out the work of the commission, to
12 purchase and maintain, at the expense of the commission,
13 vehicles and aircraft.
14 (3) To purchase and acquire and lease lands, in the name
15 of the Commonwealth, and situated any where therein,
16 containing stone suitable for use in the construction or
17 maintenance of highways, and to quarry and prepare the stone
18 therein for use in the construction and maintenance of the
19 State highways or State-aid highways, and to manufacture any
20 other material used in the construction or maintenance
21 thereof, and to use such stone and material so quarried,
22 prepared and manufactured, for such construction and
23 maintenance, or to sell, furnish and supply the same to
24 contractors engaged in building or maintaining the State
25 highways or State-aid highways, or to the townships for the
26 construction and maintenance of roads and bridges, upon such
27 terms and conditions, and for such price, as the commission
28 shall deem best for the interests of the Commonwealth.
29 (4) To erect such buildings and purchase such machinery,
30 as may be necessary or essential for the proper prosecution
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1 of the work of quarrying and preparing stone and
2 manufacturing materials for use in the construction and
3 maintenance of State highways and State-aid highways, and to
4 employ all labor required for the operation thereof.
5 (5) (i) To acquire, by gift, purchase, condemnation or
6 otherwise, land in fee simple or such lesser estate or
7 interest as it shall determine, in the name of the
8 Commonwealth, for all transportation purposes, including
9 marking, rebuilding, relocating, widening,
10 reconstructing, repairing and maintaining State
11 designated highways and other transportation facilities,
12 and to erect on the land thus acquired such structures
13 and facilities, including garages, storage sheds or other
14 buildings, as shall be required for transportation
15 purposes. Land shall not be acquired for any capital
16 project unless the project is itemized in an approved
17 capital budget. Notwithstanding any other provision of
18 this or any other act, when the commission seeks to take
19 by appropriation real property or an interest in real
20 property which the commission intends to use for other
21 than operating right-of-way for facilities such as
22 maintenance buildings and construction facilities and
23 such real property or interest therein belongs to a
24 railroad, the commission shall show by clear and
25 convincing evidence that the activity contemplated on the
26 site proposed to be appropriated could not have been
27 conducted economically at an alternate location.
28 (ii) In addition to land required for highways and
29 other transportation facilities, the commission may
30 acquire:
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1 (A) Landlocked parcels and other remainders
2 except that remainders may be condemned only if
3 commission appraisals indicate that no substantial
4 savings can be effected by acquiring only the land
5 required for right-of-way purposes:
6 (I) prior to condemning a remainder, other
7 than a landlocked parcel, the commission shall
8 offer to review with the landowners its decision
9 to acquire the remainder and the appraisal or
10 appraisals on which the decision was based; and
11 (II) within 30 days after the condemnation
12 of a remainder, the landowner may file a
13 preliminary objection protesting the condemnation
14 of the remainder. If the court, after a hearing,
15 shall determine that substantial savings can be
16 effected by acquisition of only the land required
17 for right-of-way purposes, it shall order the
18 title to the remainder to be revested in the
19 landowner, nunc pro tunc, and the landowner shall
20 be entitled to petition for damages under section
21 408 of the act of June 22, 1964 (Sp.Sess.,
22 P.L.84, No.6), known as the "Eminent Domain
23 Code."
24 (B) Land abutting a highway or other
25 transportation facility if the commissioner
26 determines that such land has been or is likely to be
27 adversely affected by reason of its proximity to such
28 highway or other transportation facility, or is
29 required for the purpose of mitigating adverse
30 effects on other land adversely affected by its
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1 proximity to such highway or other transportation
2 facility.
3 (C) The fee underlying any easement previously
4 acquired by the department.
5 (iii) Notwithstanding any inconsistent provisions in
6 this or any other act, the provisions of section 306 of
7 the act of April 9, 1929 (P.L.177, No.175), known as "The
8 Administrative Code of 1929," restricting the
9 condemnation of prime agricultural land shall be
10 applicable to condemnation proceedings by the commission.
11 (iv) The commissioner shall make payments in lieu of
12 real estate taxes to the county, municipality and school
13 district on excess remainders, landlocked parcels and any
14 other land or improvements located outside of the right-
15 of-way until such land shall be used for highway or other
16 transportation purposes, or conveyed.
17 (v) Lands which are being used at the time of
18 acquisition for productive agricultural purposes shall
19 continue to be made available to the owner for such
20 purposes until actually needed for the transportation
21 project.
22 (vi) In order to acquire land under this paragraph,
23 a description or plan thereof shall be prepared,
24 containing the names of the owners or reputed owners, an
25 indication of the estate or interest to be acquired and
26 such other information as the commission shall deem
27 necessary. Execution by the commissioner of such
28 description or plan shall constitute authority for the
29 filing of a declaration of taking in accordance with the
30 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as
19810H0550B0577 - 20 -
1 the "Eminent Domain Code." The description or plan shall
2 be filed as a public record in the commission.
3 (vii) Any other provisions of this or any other act
4 to the contrary notwithstanding, the commission may sell
5 at public sale any land acquired by the commission if the
6 commissioner determines that the land is not needed for
7 present or future transportation purposes:
8 (A) Improved land occupied by a tenant of the
9 commission shall first be offered to the tenant at
10 its fair market value as determined by the
11 commission, except that if the tenant is the person
12 from whom the commission acquired the land, it shall
13 be offered to the tenant at the acquisition price,
14 less costs, expenses and reasonable attorneys' fees
15 incurred by the person as a result of the acquisition
16 of the land by the commission. If there is no tenant
17 and the person from whom the commission acquired the
18 land did not receive a replacement housing payment
19 under section 602-A of the "Eminent Domain Code," or
20 under former section 304.3 of the act of June 1, 1945
21 (P.L.1242, No.428), known as the "State Highway Law,"
22 the land to be sold shall first be offered to such
23 person at the acquisition price, less costs, expenses
24 and reasonable attorneys' fees incurred by the person
25 as a result of the acquisition of the land by the
26 commission.
27 (B) Unimproved land shall first be offered to
28 the person from whom it was acquired at its
29 acquisition price, less costs, expenses and
30 reasonable attorneys' fees incurred by the person as
19810H0550B0577 - 21 -
1 a result of the acquisition of the land by the
2 commission, if the person still retains title to land
3 abutting the land to be sold. If the land abutting
4 the land to be sold has been conveyed to another
5 person, the land to be sold shall first be offered to
6 that person at its fair market value as determined by
7 the commission.
8 (C) Notice of the offer described in either
9 clause (A) or (B) shall be sent by certified mail,
10 or, if notice cannot be so made, in the manner
11 required for "in rem" proceedings. The offeree shall
12 have 120 days after receipt of notice to accept the
13 offer in writing.
14 (D) Revenue from any sale of land acquired with
15 motor license funds shall be deposited in the Motor
16 License Fund.
17 (viii) If the commission acquires lands for
18 transportation purposes other than highways, the
19 prohibition contained in section 214 shall apply.
20 (ix) The commission shall have the power to
21 promulgate such rules and regulations as it deems
22 necessary to carry out the provisions of this paragraph.
23 (6) (i) To rent State-owned equipment related to
24 transportation used by the commission to political
25 subdivisions or instrumentalities of the Commonwealth or
26 to any agency, bureau or department of the Federal
27 Government, upon such terms as shall be established by
28 the rules and regulations of the commission, with the
29 approval of the Governor. However, such equipment shall
30 not be rented for periods exceeding three months, and to
19810H0550B0577 - 22 -
1 sell at cost to any agency, bureau or department of the
2 Federal Government, any road or bridge building material
3 for which the commission may have no immediate need.
4 Where the commission cannot utilize or salvage any bridge
5 or structure that is scheduled for demolition or
6 dismantling, then the commission shall declare the same
7 surplus and turn the same over to the Department of
8 General Services to dispose of such surplus material. In
9 disposing of such material, the Department of General
10 Services shall on behalf of the Commonwealth of
11 Pennsylvania, sell same at public sale to the highest
12 responsible bidder but only after giving first preference
13 and priority to boards of township supervisors, boards of
14 township commissioners, councils of boroughs and cities,
15 and boards of county commissioners in the county within
16 which the State highway or bridge is located to purchase
17 said surplus at a scrap value less costs of removal, and
18 second priority to similar boards, councils and
19 municipalities of Pennsylvania in adjacent counties at
20 scrap value less cost of removal.
21 (ii) The board, council or municipality so
22 purchasing said scrap material shall be required to
23 dismantle and remove scrap within the time period
24 stipulated by the Department of General Services.
25 (iii) If more than one board, council or
26 municipality having the same degree of priority as is
27 herein provided shall request or offer to purchase said
28 surplus material, the decision as to which board, council
29 or municipality shall receive preference shall be made or
30 determined by the commission and the Department of
19810H0550B0577 - 23 -
1 General Services according to need.
2 (iv) In case such necessary dismantling and removal
3 from said site is not complied with within a stipulated
4 time limit, then the commission shall have the right to
5 dismantle such bridge or structure and dispose of said
6 material, bridge or structure as per policies agreed to
7 between the commission and the Department of General
8 Services.
9 (v) In the event that the board, council or
10 municipality to whom such surplus was sold shall fail to
11 remove and dismantle the structure within the time period
12 so provided, such sale shall be voided, and the
13 Department of General Services shall then be free to
14 subject such surplus to sale anew in accordance with the
15 provisions of this paragraph. In the event of such
16 contingency, all purchase moneys paid over to the
17 Commonwealth by the defaulting board, council or
18 municipality shall be refunded by the Commonwealth.
19 (vi) All bridges or structures turned over to boards
20 of township supervisors, boards of township
21 commissioners, council of boroughs, towns or cities, or
22 boards of county commissioners shall be used solely for
23 construction, reconstruction, maintenance and repair of
24 highway, street or road facilities in such political
25 subdivisions.
26 (7) To cause to be displayed on every piece of road
27 building equipment rented by the commission a sign indicating
28 such rental. The commission shall furnish such sign in every
29 case to the contractor operating the equipment and the sign
30 shall be displayed by the contractor at all times the
19810H0550B0577 - 24 -
1 equipment is being operated on a State rental reimbursement
2 cost.
3 (8) To make suitable arrangements for the operation, by
4 persons, associations or corporations, of commissaries for
5 employees of the commission engaged in building roads at
6 places remote from any place where board and lodging may be
7 procured by such employees and to deduct from the pay of such
8 employees and pay to the persons, associations or
9 corporations operating such commissaries, the amount owing to
10 them by such employees.
11 (9) To take and condemn rights-of-way over private
12 property, as agent for the Federal Government, where such
13 rights-of-way are not a part of the system of State highways
14 and where satisfactory provisions for reimbursement for the
15 expenses thereof by the Federal Government are made. Any such
16 condemnation shall be under the same procedure as in the case
17 of condemnation for State highways.
18 (b) The following provisions shall pertain to the awarding
19 contracts for equipment leases:
20 (1) In awarding any contract for the leasing of
21 equipment, the work shall be given to the lowest responsible
22 bidder, with the option on the part of the commissioner to
23 reject any or all bids, if the prices named for equipment to
24 be used are higher than the estimated cost, or for any other
25 reason appearing to the commissioner.
26 (2) Advertisement for proposals for the leasing of
27 equipment shall be made by the commissioner, at least three
28 weeks before the contract may be awarded, by public notices
29 inserted at least twice in one or more newspapers of general
30 circulation in the county in which the equipment is to be
19810H0550B0577 - 25 -
1 used and where the equipment is to be used in more than one
2 county, then in at least two newspapers in at least two of
3 such counties. Such advertisements shall designate where the
4 plans and specifications may be had, and the time and place
5 of the reception of bids and letting of the leasing contract.
6 The commissioner may, at his discretion, insert the same
7 advertisement in other newspapers or engineering periodicals.
8 (3) Every contract for the lease of equipment shall be
9 made in the name of the Commonwealth of Pennsylvania, and
10 shall be signed by the commissioner.
11 (4) The provisions of this subsection shall not apply to
12 emergency cases nor to equipment leasing agreements with
13 local municipalities or other governmental agencies,
14 including snow and ice control removal done under such
15 agreements.
16 Section 208. Districts.
17 The commission shall have the power, and its duty shall be,
18 to divide the State into suitable districts or divisions or
19 both, and place in charge of each such district or division or
20 both such person as the commissioner may in his discretion deem
21 advisable.
22 Section 209. General road improvement.
23 The commission shall have the power and its duty shall be:
24 (1) To make a survey of all the roads of the State, and
25 a general highway plan of the State, and to compile
26 statistics and collect information relative to the mileage,
27 character, and condition of the roads in the townships and
28 counties of the State.
29 (2) To investigate and determine upon the various
30 methods of road construction best adapted to the various
19810H0550B0577 - 26 -
1 sections of the State, and to establish standards for the
2 construction and maintenance of highways in various sections,
3 taking into consideration the topography of the country and
4 the natural conditions and the character and ability of the
5 townships and counties to build and maintain roads as
6 provided by law.
7 (3) In all reasonable ways, to advise and give
8 information to county, city, borough, incorporated town or
9 township officers, having authority over highways and
10 bridges, relative to the design, construction, repairing,
11 alteration and maintenance of such highways and bridges, and
12 to advise and give information to local governing bodies, in
13 advance, of route additions, deletions and changes in
14 municipalities and townships.
15 (4) To aid in promoting road improvement throughout the
16 State, and, for that purpose, to prepare and compile useful
17 information relative to road building and maintenance, which
18 may be disseminated by means of printed bulletins.
19 (5) To cause to be published maps, showing complete road
20 surveys of each county which shall be kept on sale in the
21 commission at the cost of publication. Said maps may be
22 furnished free to any agency, bureau or department of the
23 Federal Government.
24 (6) To call such State, county, or township road
25 meetings or conventions, at such times and at such places as
26 the commission shall deem wise, and to assist in the
27 formation of county associations of township officers and be
28 represented at their conventions.
29 Section 210. Township roads.
30 The commission shall have the power, and its duty shall be:
19810H0550B0577 - 27 -
1 (1) To have general supervision over all township
2 highways and bridges constructed, improved or maintained, in
3 whole or in part, by the aid of State moneys, and to approve
4 all agreements made by township supervisors for the
5 expenditure of moneys appropriated by the State for road
6 purposes.
7 (2) To approve plans and specifications and estimates
8 for the erection and repair of township bridges and culverts,
9 and for the construction and maintenance of township
10 highways, but such plans and specifications shall not be
11 approved unless they conform to the standards of the
12 commission, and no contract for the repair or construction of
13 any township bridge or culvert or for the reconstruction of a
14 township road shall be valid, unless such contract is in
15 accordance with plans prescribed or unless plans,
16 specifications and estimates have been prepared or approved
17 by the commission.
18 (3) To furnish, from time to time, bulletins of
19 instruction to the boards of township supervisors throughout
20 the State for the building, repairing, maintenance, and
21 improvement of township roads and bridges, and to furnish any
22 additional information when called upon to do so. The
23 commission may also furnish, from time to time, free of
24 charge, standard plans and specifications for permanent
25 improvements in the building of bridges and culverts,
26 establish all grades, proper drainage, and such other matters
27 as may be deemed essential.
28 (4) To prescribe the method of keeping the township
29 accounts and records of moneys received and expended for
30 highways, machinery, bridges, tools, and implements, and for
19810H0550B0577 - 28 -
1 miscellaneous purposes; from time to time to cause
2 examination of all such accounts and records to be made; and
3 to furnish and supply to the several township officers
4 necessary blanks, forms, and supplies, for the proper conduct
5 of the road work of the township, including a treasurer's
6 book. The commission shall also furnish a treasurer's account
7 book to each borough.
8 Section 211. Acquisition of toll roads and bridges.
9 The commission shall have the power to acquire, for and on
10 behalf of the Commonwealth, by purchase or otherwise turnpike or
11 toll roads, or any parts thereof, or toll bridges, in such
12 manner and under and subject to such terms and conditions as may
13 now or hereafter be provided by law.
14 Section 212. Rebuilding certain bridges.
15 The commission shall have the power, and its duty shall be,
16 to prepare plans for and rebuild county bridges over navigable
17 rivers and other streams, where such bridges have been destroyed
18 by flood, fire, or other casualty, as may be provided by law.
19 However, such bridges shall be rebuilt only if and when the
20 General Assembly shall have specifically appropriated funds for
21 such purpose.
22 Section 213. Certain contracts by commissioner.
23 The commissioner shall enter into all necessary contracts and
24 agreements with the proper agencies of any government, Federal,
25 State or political subdivision or any private agency and shall
26 do all other things necessary and proper in order to obtain any
27 benefits afforded under the provisions of any act of the United
28 States Congress, the General Assembly of the Commonwealth of
29 Pennsylvania or any governing body of any political subdivision
30 of the Commonwealth, and also the governing body of any private
19810H0550B0577 - 29 -
1 agency for any purpose connected in any way with the commission.
2 Section 214. Motor License Fund.
3 It is the sense of the Legislature that, although the
4 commission includes within its purview not only the former
5 Department of Transportation but also other boards, bureaus,
6 commissions and instrumentalities as well, Article VIII, section
7 11 of the Constitution of Pennsylvania 1968 must be
8 unequivocally adhered to. Thus, all proceeds therein enumerated
9 are to be used solely and exclusively for the purposes and to
10 the extent provided therein.
11 Section 215. Contracts for consultant purposes.
12 The commission, prior to entering into a contract with a
13 private agency, company or corporation for consultant services,
14 (including but not limited to highway pre-design and highway
15 design work,) shall give written notice to the district engineer
16 of each district office of the commission and the General
17 Assembly of the services to be performed. Each district engineer
18 shall state in writing to the commissioner and the General
19 Assembly the reasons his district office can or cannot perform
20 such work. His reply shall be sent within 30 days of the receipt
21 of the commissioner's notice. The commissioner shall decide
22 whether a contract will be awarded on the basis of the district
23 engineers' report. A contract shall not be awarded if the report
24 of the district engineer indicates that a district office can
25 perform the work unless the commissioner submits a written
26 explanation to the General Assembly stating the reasons the
27 contract should be awarded.
28 Section 216. Highway responsibility study.
29 As soon as possible after the passage of this act, the
30 commission shall conduct a special study of the existing State
19810H0550B0577 - 30 -
1 highway system to determine what parts of the system should be
2 returned to local control. The commission shall utilize any
3 previous studies of this problem prepared by the department or
4 elsewhere. The study shall also include what changes would be
5 necessitated in the present allocation of liquids fuels tax
6 moneys between the Commonwealth and its political subdivisions
7 as a result of the proposed return of certain highways to local
8 control.
9 CHAPTER 3
10 TURNPIKE DIVISION AND COMMISSION BOARDS
11 Subchapter A
12 Turnpike Division
13 Section 301. Turnpike division organization.
14 The turnpike division is hereby created within the State
15 Transportation Commission. The commissioner shall appoint a
16 Deputy Commissioner for Turnpike Administration who shall head
17 the turnpike division. The commission through the turnpike
18 division shall assume all the powers, duties, responsibilities
19 and obligations formerly vested in the Pennsylvania Turnpike
20 Commission which is hereby abolished. The commission shall
21 promulgate such rules and regulations as may be necessary for
22 the proper administration, operation and maintenance of the
23 turnpike.
24 Section 302. Turnpike funds.
25 The commission shall establish with the State Treasurer such
26 separate funds as may be necessary to segregate the funds and
27 moneys collected from the operation of the turnpike and shall
28 allocate these funds and moneys for the payment of outstanding
29 obligations, salaries of employees and the administration,
30 operation and maintenance of the turnpike. It's the intent of
19810H0550B0577 - 31 -
1 the General Assembly that turnpike revenues be used solely to
2 fund the operation of the turnpike division and that such
3 revenues shall be sufficient for such purpose.
4 Subchapter B
5 State Transportation Board
6 Section 311. State Transportation Board organization.
7 The State Transportation Board shall function as a commission
8 board and shall have all the powers and duties formerly vested
9 in the State Transportation Commission. The board shall be
10 constituted pursuant to section 468 of the act of April 9, 1929
11 (P.L.177, No.175), known as "The Administrative Code of 1929."
12 The board shall hold regular meetings throughout the State, as
13 may be determined and announced, which meetings shall be open to
14 the public at all times. The members shall meet at the call of
15 the commissioner at the State Capitol during the month of
16 January, or as soon thereafter as possible, to organize as the
17 State Transportation Board. The board shall biennially elect a
18 secretary who shall be a member of said board.
19 Section 312. Public hearings.
20 (a) The board may hold public hearings, at its discretion or
21 it may designate one or more of its members to hold such public
22 hearings for the purpose of securing all pertinent information
23 it may deem necessary and to comply with the provisions of Title
24 23, U.S. Code, "The Federal Interstate Highway Law of 1956," and
25 amendments thereto.
26 (b) At any hearing or meeting before the board on the
27 approval or disapproval of the selection of any State
28 transportation route or program, comparative estimates may be
29 presented of the effects of the use of alternative
30 transportation route or program. Estimates based on similar
19810H0550B0577 - 32 -
1 assumptions may be presented of the effect that the selection of
2 any alternative transportation route or program would have upon
3 economic or social values, including, but not limited to,
4 property values, State and local public facilities and local
5 traffic. The board shall compile and submit to the Governor and
6 the commissioner for their consideration the information
7 acquired at such hearings.
8 Section 313. Powers and duties.
9 The board shall have the power, and its duties shall be, to
10 gather and study all available information, data, statistics and
11 reports, relating to the needs for highway construction or
12 reconstruction and for needs of rapid transit, railroad,
13 omnibus, marine and other mass and bulk transportation
14 facilities and services, and aviation and airport facilities and
15 services in the Commonwealth to determine on the basis of
16 available information, data, statistics and reports, the
17 highways rapid transit, railroad, omnibus, marine and other mass
18 and bulk transportation facilities and services, and aviation
19 and airport facilities and services which should be constructed
20 or reconstructed and the recommended order of priority in which
21 such highways rapid transit, railroad, omnibus, marine and other
22 mass and bulk transportation facilities and services, and
23 aviation and airport facilities and services should be
24 constructed or reconstructed and to certify from time to time
25 the results of such determination to the Governor, to the
26 General Assembly and to the commissioner, for their
27 consideration. Transportation programs so determined shall not
28 be changed, deleted or altered, except by the board or as
29 provided in section 314.
30 Section 314. Special local interest provisions.
19810H0550B0577 - 33 -
1 In view of the particular sensitivity of special
2 instrumentalities of the Commonwealth specifically created to
3 serve and coordinate local mass transportation needs throughout
4 metropolitan areas within the Commonwealth, the determination of
5 needs and programs and the order of priority in which rapid
6 transit, railroad, omnibus and other mass transportation
7 facilities and services which affect or relate to urban common
8 carrier mass transportation, as defined in the act of January
9 22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass
10 Transportation Law," are to be constructed or reconstructed in
11 the local service area of any such instrumentality shall be as
12 determined by said instrumentality; the determination of needs
13 and programs and the order of priority in which highways,
14 marine, aviation and airport facilities and other non-mass
15 transportation facilities are to be constructed or reconstructed
16 in the local service area of any such instrumentality shall be
17 as determined by the board but only after thorough prior
18 consultation by the board with said instrumentality and
19 coordination of the board's plans with the plans of said
20 instrumentality. For purposes of this section, neither the board
21 nor any said special instrumentality of the Commonwealth shall
22 arbitrarily, unreasonably or capriciously reject any need,
23 program or priority presented to it under this section.
24 Section 315. Highway classification system.
25 The board shall recommend to the General Assembly a system of
26 classification of highways based upon information supplied by
27 the commission and data acquired as a result of its own study or
28 investigation from hearings and otherwise. The board shall
29 submit and recommend to the General Assembly such highway
30 classification together with a plan for the development and
19810H0550B0577 - 34 -
1 improvement thereof with priorities based upon studies of needs
2 and sufficiency ratings.
3 Section 316. Rules and regulations.
4 The board shall promulgate rules and regulations not
5 inconsistent with provisions of this subchapter for the
6 execution of the powers and duties herein delegated to them.
7 Subchapter C
8 State Transportation Advisory Committee
9 Section 321. State Transportation Advisory Committee
10 organization.
11 (a) The State Transportation Advisory Committee shall
12 function as a commission advisory committee.
13 (b) The committee shall meet the first Monday in February of
14 each year and hold at least three additional meetings during the
15 calendar year. It shall have the power and its duty shall be to
16 consult with and advise the State Transportation Board and the
17 commissioner in behalf of all the transportation modes of the
18 Commonwealth and to aid and assist the State Transportation
19 Board and the commissioner in the determination of goals and the
20 allocation of available resources among and between the
21 alternative modes in the planning, development and maintenance
22 of programs, and technologies for transportation systems and to
23 advise the several modes the planning, programs and goals of the
24 commission, and the State Transportation Board.
25 CHAPTER 4
26 MISCELLANEOUS PROVISIONS
27 Section 401. Transitional provisions.
28 All personnel, allocation, appropriations, agreements,
29 leases, claims, demands and causes of action of any nature
30 whether or not subject to litigation on the date of this act,
19810H0550B0577 - 35 -
1 equipment, files, records, classified data files, plans, maps,
2 air photographs, and all other materials which are used,
3 employed or expended in connection with the duties, powers or
4 functions of the Department of Transporation or the Pennsylvania
5 Turnpike Commission are hereby transferred by this act to the
6 State Transportation Commission with the same force and effect
7 as if the appropriations had been made to and said items had
8 been the property of the State Transportation Commission in the
9 first instance and if said contracts, agreements, leases and
10 obligations had been incurred or entered into by the State
11 Transportation Commission.
12 Section 402. Specific repeals.
13 (a) Article XX, act of April 9, 1929 (P.L.177, No.175),
14 known as "The Administrative Code of 1929," is repealed
15 absolutely.
16 (b) The following acts are repealed insofar as they are
17 inconsistent with the provisions of this act:
18 Act of May 21, 1937 (P.L.774, No.211), referred to as the
19 Pennsylvania Turnpike Commission Act.
20 Act of May 16, 1940 (1941 Sp.Sess., P.L.949, No.11),
21 known as the "Pennsylvania Turnpike Philadelphia Extension
22 Act."
23 Act of July 16, 1941 (P.L.386, No.149), entitled, as
24 amended, "An act providing for the establishment,
25 construction, operation and maintenance of a mountain ridge
26 road or parkway in the Pocono Mountains through, bordering or
27 accessible to the counties of Monroe, Northampton, Carbon,
28 Luzerne, Lackawanna, Wayne and Pike, to be known as the
29 "Pocono Mountain Memorial Parkway"; providing for the
30 creation of the Pennsylvania Parkway Commission, and
19810H0550B0577 - 36 -
1 conferring powers, and imposing duties on said commission;
2 authorizing the issuance of parkway revenue bonds of the
3 Commonwealth, payable solely from tolls, to pay the cost of
4 such parkway; providing that no debt of the Commonwealth
5 shall be incurred in the exercise of any of the powers
6 granted by this act; providing for the collection of tolls
7 for the payment of such bonds and for the cost of
8 maintenance, operation and repair of the parkway; making such
9 bonds exempt from taxation; constituting such bonds legal
10 investments in certain instances; prescribing conditions upon
11 which such parkway shall become free; providing for
12 condemnation; granting certain powers and authority to
13 municipal subdivisions and other agencies of the Commonwealth
14 to cooperate with the commission; conferring powers and
15 imposing duties on the Department of Highways and authorizing
16 the issuance of parkway revenue refunding bonds."
17 Act of June 21, 1947 (P.L.877, No.367), entitled "An act
18 to authorize and empower the Pennsylvania Turnpike Commission
19 to combine the Turnpike, the Eastern Extension, and the
20 Western Extension, or any two thereof, for financing purposes
21 under the provisions of this act; authorizing the issuance of
22 Turnpike revenue bonds of the Commonwealth payable solely
23 from tolls; to pay the cost of the Eastern Extension and the
24 Western Extension; paying the cost of the Eastern Extension,
25 or the cost of the Western Extension, or the cost of both;
26 and refunding any Turnpike revenue bonds or Turnpike
27 refunding bonds which have heretofore been issued by the
28 Commission under the provisions of any act heretofore
29 approved, or under the provisions of this act, and which
30 shall then be outstanding, including the payment of any
19810H0550B0577 - 37 -
1 redemption premiums thereon; refunding any revenue bonds or
2 revenue refunding bonds heretofore issued under the
3 provisions of this act, including the payment of and
4 redemption premiums thereon; authorizing the Commission to
5 fix tolls from time to time for use of the projects so
6 combined; providing for the use of a facsimile of the
7 signature of the Governor, and of the Chairman of the
8 Commission in lieu of their manual signatures, and a
9 facsimile of the official seal of the Commission upon any
10 bonds issued under the provisions of this act, or any other
11 act; authorizing the issuance of bonds for the payment of the
12 construction of any turnpike, and giving certain
13 definitions."
14 Act of May 23, 1951 (P.L.335, No.74), known as the
15 "Pennsylvania Turnpike Delaware River Extension Act."
16 Act of August 14, 1951 (P.L.1232, No.282), referred to as
17 the Pennsylvania Turnpike System Financing Act.
18 Act of September 27, 1951 (P.L.1430, No.348), known as
19 the "Pennsylvania Turnpike Northeastern Extension Act."
20 Act of January 14, 1952 (1951 P.L.1947, No.547), known as
21 the "Pennsylvania Turnpike Gettysburg Extension Act."
22 Act of July 28, 1953 (P.L.706, No.229), known as the
23 "Pennsylvania Turnpike Northwestern Extension Act."
24 Act of June 10, 1955 (P.L.157, No.50), known as the
25 "Pennsylvania Turnpike Keystone Shortway Act."
26 Act of June 14, 1955 (P.L.174, No.52), known as the
27 "Pennsylvania Turnpike Southwestern Extension Act."
28 Act of May 15, 1956 (1955 P.L.1589, No.534), known as the
29 "Pennsylvania Turnpike Philadelphia Loop Extension Act."
30 Act of September 2, 1961 (P.L.1177, No.525), entitled "An
19810H0550B0577 - 38 -
1 act fixing the salaries and compensation of members of
2 certain boards and commissions, and repealing inconsistent
3 acts," is repealed insofar as it relates to the chairman and
4 members of the Pennsylvania Turnpike Commission.
5 Section 403. General repeals.
6 All other acts or parts of acts inconsistent with this act
7 are repealed to the extent of any inconsistency.
8 Section 404. Effective date.
9 This act shall take effect in 90 days. However, prior to such
10 effective date the Governor may nominate as provided herein the
11 State Transportation Commissioner whose term of office shall
12 begin on the aforementioned effective date of this act.
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