PRINTER'S NO. 307
No. 275 Session of 1989
INTRODUCED BY SCHULER, TRELLO, BARLEY, COLAFELLA, HERSHEY,
FARGO, SCHEETZ, FLICK AND BUNT, FEBRUARY 7, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 7, 1989
AN ACT
1 Providing for the organization of corporations and certain
2 municipal authorities for the purpose of constructing and
3 operating toll roads; providing for the supervision of same
4 by the Pennsylvania Public Utility Commission and the
5 Department of Transportation; and establishing the Toll Road
6 Improvement Fund.
7 The General Assembly finds that there is a compelling public
8 need for rapid construction of safe and efficient highways for
9 the purpose of travel within this Commonwealth, and that it is
10 in the public interest to encourage the construction of
11 additional safe, convenient and economic highway facilities by
12 municipal authorities and private parties, for a reasonable rate
13 of return, provided that adequate safeguards are provided
14 against default in the construction and operation obligations of
15 the operators of such roadways.
16 TABLE OF CONTENTS
17 Chapter 1. Preliminary Provisions
18 Section 101. Short title.
19 Section 102. Definitions.
1 Section 103. Municipal authorities.
2 Chapter 3. Construction and Operation
3 Section 301. Prerequisite for construction and operation.
4 Section 302. Certificate of authority.
5 Section 303. Application.
6 Section 304. Incorporation and eminent domain.
7 Section 305. Powers of commission.
8 Section 306. Powers and duties of roadway operator.
9 Section 307. Approval of department.
10 Section 308. Insurance and sovereign immunity.
11 Section 309. Local approval.
12 Section 310. Utility crossings.
13 Section 311. Highway and roadway crossings.
14 Section 312. Default.
15 Section 313. Police powers.
16 Section 314. Traffic and motor vehicle laws.
17 Section 315. Termination of certificate.
18 Section 316. Toll Road Improvement Fund.
19 Chapter 9. Miscellaneous Provisions
20 Section 901. Repeal.
21 Section 902. Effective date.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 CHAPTER 1
25 PRELIMINARY PROVISIONS
26 Section 101. Short title.
27 This act shall be known and may be cited as the Toll Road
28 Law.
29 Section 102. Definitions.
30 The following words and phrases when used in this chapter
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1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Certificate." The certificate of authority awarded under
4 this act which allows operation of a roadway.
5 "Commission." The Pennsylvania Public Utility Commission.
6 "Department." The Department of Transportation of the
7 Commonwealth.
8 "Fund." The Toll Road Improvement Fund.
9 "Highway." The entire width between the boundary lines of
10 every way or place of whatever nature open to the use of the
11 public under the provisions of this act for purposes of
12 vehicular travel in this Commonwealth.
13 "Operation." All functions and pursuits of the operator of
14 any roadway under this chapter which are directly or indirectly
15 related to acquisition, approval, construction, enlargement,
16 maintenance, patrolling, toll collections, or connections of the
17 roadway or highway with any other highway or with any street,
18 road or alley. The term shall also include, without limitation,
19 management and administrative functions attendant to actual
20 physical operation of the roadway and management of the affairs
21 of the operator.
22 "Operator." The corporation which submits to the commission
23 an application for authority to construct, operate or enlarge a
24 roadway, and which, after issuance of a certificate of
25 authority, is responsible for operation of any roadway under the
26 provisions of this act. The term shall also include a municipal
27 authority established pursuant to section 103 for the purpose of
28 constructing or operating a roadway under this act.
29 "Person." Any natural person, corporation, partnership,
30 joint venture and any other business entity. The term shall not
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1 include the Commonwealth or any agency or instrumentality
2 thereof.
3 "Roadway." That portion of a highway improved, designed or
4 ordinarily used for vehicular travel, exclusive of the shoulder.
5 A highway may include two or more roadways if divided by a
6 physical barrier or barriers or unpaved areas. The term shall
7 include only privately owned or operated highways for use of
8 which a toll or similar single-use charge is imposed.
9 "Toll." The fee charged by the operator for a single use of
10 all or a portion of the roadway.
11 Section 103. Municipal authorities.
12 A council of governments organized under the act of July 12,
13 1972 (P.L.762, No.180), referred to as the Intergovernmental
14 Cooperation Law, may establish a municipal authority for the
15 purpose of constructing or operating a roadway under this act.
16 An authority so established shall have all the rights, powers
17 and duties of corporate roadway operators under this act.
18 Authorities so established shall be governed by the provisions
19 of the act of May 2, 1945 (P.L.382, No.164), known as the
20 Municipality Authorities Act of 1945, to the extent those
21 provisions do not conflict with this act.
22 CHAPTER 3
23 CONSTRUCTION AND OPERATION
24 Section 301. Prerequisite for construction and operation.
25 No person may construct, operate or enlarge any roadway,
26 within this Commonwealth without first having obtained a
27 certificate of authority from the commission authorizing such
28 construction, operation or enlargement.
29 Section 302. Certificate of authority.
30 Any person may apply to the commission for a certificate of
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1 authority to construct or operate a roadway, or to extend or
2 enlarge a roadway for which a certificate has been issued under
3 this act. If the commission determines in writing, after notice
4 and opportunity for a hearing, that the application is complete,
5 that approval of the application is in the public interest and
6 that the applicant has complied with the provisions of this act,
7 it shall approve the application, with or without modification,
8 unless it receives a duly adopted resolution of the governing
9 body of any jurisdiction through which the roadway passes, which
10 requests that the commission deny the application, in which case
11 the commission shall do so. If the application is approved, the
12 operator shall construct the roadway. Upon completion of
13 construction and the opening of the roadway to the public, the
14 roadway shall be kept open at all times for use by the public
15 and made accessible to the public, upon payment of the toll
16 established by the operator, provided that the roadway may be
17 partially or completely closed, temporarily, with the
18 concurrence of the department, to protect the public safety or
19 for reasonable construction or maintenance procedures.
20 Section 303. Application.
21 The commission may charge a reasonable application fee to
22 cover the costs of processing, reviewing and approving or
23 denying the application. The application for a certificate of
24 authority shall contain the following material and information:
25 (1) The geographic area to be served by the roadway and
26 a survey indicating the route of the roadway.
27 (2) A list of the property owners through whose property
28 the roadway or highway will pass or whose property will abut
29 the roadway or highway.
30 (3) The method by which the operator will secure all
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1 rights-of-way required for the roadway, including a
2 description of the nature of the interest in the lands to be
3 acquired, which shall provide, at a minimum, for permanent
4 dedication so long as the lands are used for transportation
5 purposes.
6 (4) The comprehensive plan or plans for all
7 municipalities through which the roadway will pass and an
8 analysis which shows that the roadway conforms to these
9 comprehensive plans. To the extent that the roadway conforms
10 to such plans, the fact that the operator is a corporation,
11 as opposed to the Commonwealth, shall not affect the
12 construction and operation of the roadway.
13 (5) The operator's plan for financing the proposed
14 construction or enlargement of the roadway, including
15 proposed tolls to be charged for use of the roadway,
16 projected amounts to be collected from such tolls and
17 anticipated traffic volume and detailed plans for
18 distribution of funds, including the priority in which
19 necessary expenditures will be made.
20 (6) The operator's plan for operation of the proposed
21 roadway or enlargement thereof.
22 (7) A list of all permits and approvals required for
23 construction of the roadway from Federal, State or local
24 agencies and a schedule for securing such approvals.
25 (8) An overall description of the project, the project
26 design and all proposed interconnections with the State
27 highway system, including any interstate highway, or
28 secondary system of highways or the streets or roads of any
29 municipality not within the State highway system, accompanied
30 by a copy of the approval of the project, the roadway design
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1 and interconnections from the department, as well as the
2 municipality for connection with a street or road not under
3 State control.
4 (9) A list of public utility facilities to be crossed
5 and plans for such crossings or relocations of such
6 facilities.
7 (10) A certificate of the operator that the roadway will
8 be designed and constructed to meet department standards, and
9 substantially in accordance with a proposed timetable which
10 is agreeable to the department, and that the operator will
11 provide a design, review and inspection agreement with the
12 department which shall provide that the department shall
13 authorize construction upon review and approval of the plans
14 and specifications for the roadway and its interconnection
15 with other roads, and that it shall inspect periodically the
16 progress of the construction work to ensure its compliance
17 with the department standards.
18 (11) Completion and performance bonds in form and amount
19 satisfactory to the commission, which amounts shall be set
20 after consultation with the department.
21 Section 304. Incorporation and eminent domain.
22 The applicant shall be incorporated under the laws of this
23 Commonwealth relating to business corporations or governed by
24 the act of May 2, 1945 (P.L.382, No.164), known as the
25 Municipality Authorities Act of 1945, as the case may be.
26 Eminent domain shall not be exercised by the operator for the
27 purpose of acquiring any lands or estates or interests therein,
28 nor any other property used by the operator for the construction
29 or enlargement of a roadway pursuant to this act.
30 Section 305. Powers of commission.
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1 The commission shall have the power, and be charged with the
2 duties of reviewing and approving or denying the application, of
3 supervising and controlling the operator in the performance of
4 its duties under this act and of correcting any abuse in the
5 performance of the operator's public duties. The commission
6 shall require, from the operator, a verified report describing
7 the nature of its contractual and other relationships with
8 individuals or entities contracting with the operator for the
9 provision of significant financial, construction or maintenance
10 services. The commission shall review the report and such other
11 materials as it shall deem necessary for the purpose of
12 determining improper or excessive costs, and shall exclude from
13 the operator's costs any amounts which it finds are improper or
14 excessive. The commission also shall have the duty and authority
15 to approve or revise the toll rates charged by the operator.
16 Initial rates shall be approved if they appear reasonable to the
17 user in relation to the benefit obtained, not likely to
18 materially discourage use of the roadway and to provide the
19 operator no more than a reasonable rate of return as determined
20 by the commission. Thereafter, the commission, upon application,
21 complaint or its own initiative, and after investigation, may
22 order substituted for any toll being charged by the operator a
23 toll which is set at a level which is reasonable to the user in
24 relation to the benefit obtained and which will not materially
25 discourage use of the roadway by the public and which will
26 provide the operator no more than a reasonable return as
27 determined by the commission.
28 Section 306. Powers and duties of roadway operator.
29 (a) Tolls and revenue.--The operator shall have the
30 authority to operate the roadway and charge tolls for the use
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1 thereof, and shall pledge any revenue net of operational
2 expenses realized from tolls charged for the use of the roadway
3 in order to secure repayment of any obligations incurred for the
4 construction, enlargement or operation of such roadway. The
5 debts or obligations of the operator shall be limited to an
6 amount not to exceed the cost of construction plus an amount for
7 issuance cost and other financing expenses, and a reasonable
8 amount for reserve funds. The Commonwealth shall not obligate
9 its full faith and credit on any financing of the operator and
10 assumption of operation of the project shall not obligate the
11 Commonwealth to pay any obligation of the operator, whether
12 secured or otherwise, from sources other than toll revenue.
13 Subject to applicable permit requirements, the operator shall
14 have the authority to cross any canal or navigable watercourse
15 so long as the crossing does not unreasonably interfere with
16 navigation and use of the waterway. In operating the roadway,
17 the operator may:
18 (1) classify traffic according to reasonable categories
19 for assessment of tolls; and
20 (2) with the consent of the department, make and enforce
21 reasonable regulations, including regulations which:
22 (i) Set maximum and minimum speeds that shall
23 conform to department and Commonwealth practices.
24 (ii) Exclude undesirable vehicles or cargoes or
25 materials from the use of the roadway.
26 (iii) Establish commuter lanes for use during all or
27 any part of a day and limit the use of such lanes to
28 certain traffic, if deemed necessary by the department.
29 The enumeration of powers in this subsection shall not limit the
30 power of the operator to do anything it deems necessary and
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1 appropriate in the operation of the roadway, provided that the
2 practice is reasonable and nondiscriminatory.
3 (b) Duties.--The operator shall have the following duties:
4 (1) It shall file and maintain at all times with the
5 commission an accurate schedule of rates charged to the
6 public for use of all or any portion of the roadway, and it
7 shall also file and maintain a statement that such rates will
8 apply uniformly to all users within any such reasonable
9 classification as the operator may elect to implement.
10 (2) It shall construct and maintain the roadway for
11 anticipated use according to appropriate standards of the
12 department for public highways operated and maintained by the
13 department, and enlarge or expand the road when unsatisfied
14 demand for use of the roadway makes it economically feasible
15 to do so. The operator shall agree with the department for
16 inspection of construction work by the department at
17 appropriate times during any construction or enlargement. In
18 addition, it shall cooperate fully with the department in
19 establishing any interconnection with the roadway that the
20 department may make.
21 (3) It shall contract with the Commonwealth for
22 enforcement of the traffic and public safety laws by State
23 authorities, and may similarly contract with appropriate
24 local authorities for those portions of the roadway within
25 the local jurisdiction.
26 Section 307. Approval of department.
27 (a) General rule.--The applicant for a certificate of
28 authority to construct or enlarge a roadway pursuant to this act
29 shall first secure the approval of the department for the
30 project, the project construction costs, the location and design
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1 of the roadway, and its connection with any road under the
2 jurisdiction of the department, at proper and convenient places,
3 in order to provide for the convenience of the public. The
4 department shall approve or deny approval:
5 (1) Sixty days following receipt of a description of the
6 proposed location and design of the roadway and its
7 connection with all other roads; or
8 (2) Forty-five days following the conduct of a hearing
9 held under Title 2 of the Pennsylvania Consolidated Statutes
10 (relating to administrative law and procedure).
11 The department shall approve the project and its
12 interconnections with other roads if there is a public need for
13 a road project of the type proposed and the project and its
14 interconnections are compatible with the existing road network.
15 It shall approve the project construction costs if they are
16 reasonable. If interconnections with an interstate highway or
17 other Federal facility are contemplated, the department's
18 approval shall be conditioned upon ultimate approval of any
19 interconnection if such Federal approvals are required and have
20 not been obtained by the time the department acts. Approval of
21 the roadway design shall not be withheld if it conforms
22 materially with department practices for toll facilities of
23 similar size and with similar usage patterns. In making its
24 determinations, the department shall keep in mind the public
25 interest, which may include, without limitation, such
26 considerations as the relative speed of the construction of the
27 project and the allocation of the technical, financial and human
28 resources of the department. The approval granted by the
29 department shall be conditioned upon subsequent compliance by
30 the applicant with the agreement contemplated by subsection (b).
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1 If the roadway is to be built partially or completely along
2 existing State highway right-of-way, the department shall grant
3 the applicant authority to use such right-of-way only if deemed
4 necessary.
5 (b) Comprehensive agreement.--If approval of the project,
6 project design and connections of the roadway is granted by the
7 department, it shall thereafter enter into a comprehensive
8 agreement with the applicant which provides, inter alia, that
9 the department shall review and approve plans and specifications
10 for the roadway if they conform to Commonwealth practices; that
11 the department will inspect and approve construction of the
12 roadway if it conforms to the plans and specifications or
13 Commonwealth construction and engineering standards; that the
14 department will, throughout the life of the roadway project,
15 monitor the maintenance practices of the operator and take such
16 actions as are appropriate to ensure the performance of
17 maintenance obligations; and that the department shall be
18 reimbursed for its direct project costs, by the operator, for
19 the services performed by the department. The agreement shall
20 also provide, inter alia, that the operator will establish and
21 fund accounts which shall ensure that funds are available to
22 meet the obligations of the operator, including reasonable
23 reserves for contingencies and maintenance replacement
24 activities. The approval of plans and specifications and
25 construction may be undertaken in phases, but no construction
26 may commence until approval of plans which include that phase of
27 construction. The services for which the department shall be
28 reimbursed include project development costs, such as those
29 attendant to preparation of environmental impact statements,
30 which are necessary for the construction of the roadway by a
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1 private operator but have been performed by the department. The
2 agreement may include a provision that the department will
3 perform services necessary for project development on behalf of
4 the operator, and, in such a case, the department shall be fully
5 reimbursed by the operator for its direct costs.
6 Section 308. Insurance and sovereign immunity.
7 Any operator who constructs, operates or enlarges a roadway
8 pursuant to this act shall secure and maintain a policy or
9 policies of public liability insurance in form and amount
10 satisfactory to the commission and sufficient to insure coverage
11 of tort liability to the public and employees, and to enable the
12 continued operation of the roadway. Proofs of coverage and
13 copies of policies shall be filed with the commission. Nothing
14 in this act shall be construed as or deemed a waiver of the
15 sovereign immunity of the Commonwealth with respect to its
16 participation or approval of all or any part of the roadway
17 application or operation, including, but not limited to,
18 interconnection of the roadway with the State Highway System.
19 Municipalities through which a roadway passes shall possess
20 governmental immunity with respect to roadway construction and
21 operation.
22 Section 309. Local approval.
23 (a) General rule.--Prior to the issuance of a certificate of
24 authority by the commission and contemporaneously with the
25 filing of any application materials with the commission, the
26 applicant shall provide the local governing body of each
27 municipality through which any part of the roadway passes,
28 information and materials required by section 303 and an overall
29 description of the project and its benefits. The governing body
30 of the municipality may participate in procedures conducted by
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1 the department or the commission concerning the application.
2 (b) Lands, existing roads, etc.--When the operator wishes to
3 occupy lands owned by any municipality, including streets,
4 alleys or roads, it shall first obtain a franchise allowing such
5 occupancy or it may obtain the necessary interests through grant
6 or other appropriate conveyance of the operator for a period of
7 time not to exceed the term of the certificate.
8 (c) Interconnection plans.--Where the applicant wishes to
9 interconnect with the streets or road system of any
10 municipality, and the municipality is willing to allow the
11 interconnection, it shall submit appropriate plans for the
12 connection to the governing body of the municipality, which
13 shall approve the connection if it determines that the
14 connection meets all appropriate engineering requirements.
15 (d) Supplemental agreements, etc.--The operator and the
16 municipality may also agree on any supplemental or related
17 matters according to such terms and conditions as are
18 reasonable, appropriate and in the public interest, and any such
19 municipality is hereby authorized to enter into such an
20 agreement.
21 Section 310. Utility crossings.
22 The applicant shall include in the application a list of
23 public utility facilities and rights-of-way to be crossed or
24 otherwise affected in the construction of the roadway and a plan
25 and schedule for such crossings. The operator and each public
26 utility whose works are to be crossed or affected shall each
27 have the duty to cooperate fully with the other in the planning
28 and arranging of the manner of the crossing or relocation of the
29 facilities. Any public utility possessing the powers of eminent
30 domain is hereby expressly granted such powers in connection
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1 with the moving or relocation of facilities to be crossed by the
2 roadway or which must be relocated to the extent that such
3 moving or relocation is made necessary by construction of the
4 roadway, which shall be construed to include construction of
5 temporary facilities for the purpose of providing service during
6 the period of construction. Should the applicant or operator and
7 the public utility whose facilities are to be crossed or
8 relocated not be able to agree upon a plan for such crossing or
9 any necessary relocation, either party may request the
10 commission to inquire into the need for the crossing or
11 relocation and to decide whether such crossing or relocation
12 should be compelled, and, if so, the manner in which such
13 crossing or relocation is to be accomplished and any damages due
14 either party arising out of the crossing or relocation. The
15 commission may, in its discretion, employ expert engineers who
16 shall examine the location and plans for such crossing or
17 relocation, hear any objections and consider modifications, and
18 make a recommendation to the commission. In such a case, the
19 cost of the experts is to be borne equally by the applicant and
20 the public utility, unless the commission determines that it
21 would be unjust, in which case the cost shall be borne as the
22 commission decides.
23 Section 311. Highway and roadway crossings.
24 No crossing of a railway, highway, street, road or alley
25 shall be at grade, but shall pass above or below the railway,
26 highway, street, road, or alley, and such crossings are hereby
27 permitted, subject to the provisions of this act.
28 Section 312. Default.
29 In the event of material and continuing default in the
30 performance of the operator's construction or operation duties
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1 or failure of the operator to comply with the terms of its
2 agreement with the department, or in the event that construction
3 has not begun within two years of the issuance of a certificate,
4 the commission, after a hearing in which the applicant or
5 operator has notice and opportunity to participate, may revoke
6 the certificate of authority for the roadway, declare a default
7 in the construction or operation of the roadway, and make or
8 cause to be made the appropriate claim or claims under any
9 completion or performance bonds, or take such other action as it
10 may deem appropriate, under the circumstance. The department may
11 participate in or initiate such proceedings. In case of
12 revocation of a certificate, the applicant or operator shall
13 thereafter be without any authority to construct or operate the
14 roadway, and the department may take over construction and
15 operation of the roadway, and may proceed thereafter to take any
16 steps which are in the public interest, including completion of
17 construction or additions to the roadway, closing the roadway,
18 or any intermediate step. The department shall receive the full
19 proceeds of any payments due to claims against bonding companies
20 or sureties for this purpose. In addition, in such event, the
21 operator shall grant to the department all of its right, title
22 and interest in the assets of the corporation. Nothing herein
23 shall be construed to limit the department's exercise of the
24 power of eminent domain. In either case, the operator may obtain
25 compensation from the department for such assets, except that
26 the department shall first deduct from the value of such assets
27 all of the department's costs incurred in connection with
28 completion or fulfillment of the unperformed obligations of the
29 operator, and any other costs associated with the events
30 contemplated in this section. The department shall take into
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1 account moneys received from the proceeds of any payment or
2 completion bond in calculating the amount due the operator.
3 Section 313. Police powers.
4 The roadway and highways constructed or operated under this
5 act may be policed in whole or in part by officers of the
6 Pennsylvania State Police, even though all or some portion of
7 any such projects lie within the corporate limits of a
8 municipality and just as if the roadway and highway were a part
9 of the State highway system. The operator and the State Police
10 shall agree upon reasonable terms and conditions pursuant to
11 which the activities contemplated in this section may take
12 place. Such officers shall be under the exclusive control and
13 direction of the Commissioner of the Pennsylvania State Police
14 and shall be responsible for the preservation of public peace,
15 prevention of crime, apprehension of criminals, protection of
16 the rights of persons and property, and enforcement of the laws
17 of this Commonwealth, within the limits of any highway and
18 roadway. All other police officers of the Commonwealth and of
19 each municipality or other political subdivision of this
20 Commonwealth through which any roadway, or portion thereof,
21 extends shall have the same powers and jurisdiction within the
22 limits of such roadways and highways as they have beyond such
23 limits and shall have access to the highway and road at any time
24 for the purpose of exercising such powers and jurisdiction. This
25 authority does not extend to the private offices, buildings,
26 garages and other improvements of the operator to any greater
27 degree than the police power extends to any other private
28 buildings and improvements.
29 Section 314. Traffic and motor vehicle laws.
30 The traffic and motor vehicle laws of this Commonwealth shall
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1 apply to persons and motor vehicles on the roadway or highway,
2 and the powers of arrest of police officers shall be the same as
3 those applying to conduct on the State highway system.
4 Punishment for offenses shall be as prescribed by law for
5 conduct occurring on the State highway system.
6 Section 315. Termination of certificate.
7 Within 90 days of completion and closing of the original
8 permanent financing, the operator shall provide full details of
9 the financing, including the terms of all bonds, to the
10 commission; and shall certify the date on which all debt will be
11 retired. The commission may require that the operator provide
12 copies of any relevant documents, and shall review the financing
13 and determine the date on which all bonds or other debt
14 constituting the original permanent financing will be retired.
15 After establishing this date, the commission shall enter an
16 order terminating the operator's authority pursuant to the
17 certificate of authority on a date which shall be ten years from
18 the date on which all of the original permanent financing will
19 be completely retired. At the request of the operator or the
20 department, or on its own initiative, the commission may revise
21 its order to modify the date for termination of the certificate
22 of authority in order to take into account any refinancing of
23 the original permanent financing, where the refinancing or
24 modification is in the public interest, or any refinancing for
25 the purpose of expansion, or early retirement of the debt. Upon
26 the termination of the certificate of authority, the authority
27 and duties of the operator under this chapter shall cease, and
28 the highway assets and improvements of the operator shall be
29 dedicated to the Commonwealth for highway purposes.
30 Section 316. Toll Road Improvement Fund.
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1 (a) Establishment.--There is hereby established a separate
2 account in the State Treasury to be known as the Toll Road
3 Improvement Fund. This fund shall be for the purpose of
4 providing moneys for transportation improvements which are
5 related to or affected by the toll roads operating under this
6 act. All moneys in the fund are hereby appropriated to the
7 commission on a continuing basis to carry out this section.
8 (b) Toll rates.--In setting toll rates, the commission shall
9 determine them in an amount which will:
10 (1) Meet the operators financial obligations under this
11 act.
12 (2) Provide a reasonable rate of return for the
13 operator.
14 (3) Provide a reasonable amount of revenues for the
15 fund.
16 (c) Assistance grants.--The commission shall, by regulation,
17 adopt a plan for the equitable allocation of grants from the
18 fund to municipalities for transportation projects relating to
19 toll roads.
20 CHAPTER 9
21 MISCELLANEOUS PROVISIONS
22 Section 901. Repeal.
23 All acts and parts of acts are repealed insofar as they are
24 inconsistent with this act.
25 Section 902. Effective date.
26 This act shall take effect in 60 days.
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