PRINTER'S NO. 218
No. 208 Session of 1991
INTRODUCED BY SCHULER, SCHEETZ, HERSHEY, STRITTMATTER, COLAIZZO,
BARLEY, GEIST, FAIRCHILD, E. Z. TAYLOR, TRELLO AND SERAFINI,
FEBRUARY 4, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 1991
AN ACT
1 Providing for the organization of corporations for the purpose
2 of constructing and operating toll roads; providing for the
3 supervision of same by the Pennsylvania Public Utility
4 Commission and the Department of Transportation; and
5 establishing the Toll Road Improvement Fund.
6 The General Assembly finds that there is a compelling public
7 need for rapid construction of safe and efficient highways for
8 the purpose of travel within this Commonwealth, and that it is
9 in the public interest to encourage the construction of
10 additional safe, convenient and economic highway facilities by
11 private parties, for a reasonable rate of return, provided that
12 adequate safeguards are provided against default in the
13 construction and operation obligations of the operators of such
14 roadways.
15 TABLE OF CONTENTS
16 Chapter 1. Preliminary Provisions
17 Section 101. Short title.
18 Section 102. Definitions.
19 Chapter 3. Construction and Operation
1 Section 301. Prerequisite for construction and operation.
2 Section 302. Certificate of authority.
3 Section 303. Application.
4 Section 304. Incorporation and eminent domain.
5 Section 305. Powers of the commission.
6 Section 306. Powers and duties of roadway operator.
7 Section 307. Approval of department.
8 Section 308. Insurance and sovereign immunity.
9 Section 309. Local approval.
10 Section 310. Utility crossings.
11 Section 311. Highway and roadway crossings.
12 Section 312. Default.
13 Section 313. Police powers.
14 Section 314. Traffic and motor vehicle laws.
15 Section 315. Termination of certificate.
16 Section 316. Toll Road Improvement Fund.
17 Chapter 9. Miscellaneous Provisions
18 Section 901. Repeal.
19 Section 902. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 CHAPTER 1
23 PRELIMINARY PROVISIONS
24 Section 101. Short title.
25 This act shall be known and may be cited as the Highway
26 Corporation Law.
27 Section 102. Definitions.
28 The following words and phrases when used in this chapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Certificate." The certificate of authority awarded under
2 this act which allows operation of a roadway.
3 "Commission." The Pennsylvania Public Utility Commission.
4 "Department." The Department of Transportation of the
5 Commonwealth.
6 "Fund." The Toll Road Improvement Fund.
7 "Highway." The entire width between the boundary lines of
8 every way or place of whatever nature open to the use of the
9 public under the provisions of this act for purposes of
10 vehicular travel in this Commonwealth.
11 "Operation." All functions and pursuits of the operator of
12 any roadway under this chapter which are directly or indirectly
13 related to acquisition, approval, construction, enlargement,
14 maintenance, patrolling, toll collections, or connections of the
15 roadway or highway with any other highway or with any street,
16 road or alley. The term shall also include, without limitation,
17 management and administrative functions attendant to actual
18 physical operation of the roadway and management of the affairs
19 of the operator.
20 "Operator." The corporation which submits to the commission
21 an application for authority to construct, operate or enlarge a
22 roadway, and which, after issuance of a certificate of
23 authority, is responsible for operation of any roadway under the
24 provisions of this act.
25 "Person." Any natural person, corporation, partnership,
26 joint venture and any other business entity. The term shall not
27 include the State or any local government or agency thereof, or
28 any municipal corporation or other corporate body.
29 "Roadway." That portion of a highway improved, designed or
30 ordinarily used for vehicular travel, exclusive of the shoulder.
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1 A highway may include two or more roadways if divided by a
2 physical barrier or barriers or unpaved areas. "Roadway," as
3 used in this act, shall include only privately owned or operated
4 highways for which a toll or similar single-use charge is
5 imposed prior to usage.
6 "Toll." The fee charged by the operator for a single use of
7 all or a portion of the roadway.
8 CHAPTER 3
9 CONSTRUCTION AND OPERATION
10 Section 301. Prerequisite for construction and operation.
11 No person may construct, operate or enlarge any roadway,
12 within this Commonwealth without first having obtained a
13 certificate of authority from the commission authorizing such
14 construction, operation or enlargement.
15 Section 302. Certificate of authority.
16 Any person may apply to the commission for a certificate of
17 authority to construct or operate a roadway, or to extend or
18 enlarge a roadway for which a certificate has been issued under
19 this act. If the commission determines in writing, after notice
20 and opportunity for a hearing, that the application is complete,
21 that the applicant has obtained the approval in the form of a
22 duly adopted resolution from the governing body of every
23 municipality through which the proposed roadway will pass, that
24 approval of the application is in the public interest and that
25 the applicant has complied with the provisions of this act, it
26 shall approve the application, with or without modification. If
27 the commission receives a duly adopted resolution of the
28 governing body of any municipality through which the roadway
29 passes, which requests that the commission deny the application,
30 the commission shall deny that application. If the application
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1 is approved, the operator shall construct the roadway. Upon
2 completion of construction and the opening of the roadway to the
3 public, the roadway shall be kept open at all times for use by
4 the public and made accessible to the public, upon payment of
5 the toll established by the operator, provided that the roadway
6 may be partially or completely closed, temporarily, with the
7 concurrence of the department, to protect the public safety or
8 for reasonable construction or maintenance procedures.
9 Section 303. Application.
10 The commission may charge a reasonable application fee to
11 cover the costs of processing, reviewing and approving or
12 denying the application. The application for a certificate of
13 authority shall contain the following material and information:
14 (1) The geographic area to be served by the roadway and
15 a survey indicating the route of the roadway.
16 (2) A list of the property owners through whose property
17 the roadway or highway will pass or whose property will abut
18 the roadway or highway.
19 (3) The method by which the operator will secure all
20 rights-of-way required for the roadway, including a
21 description of the nature of the interest in the lands to be
22 acquired, which shall provide, at a minimum, for permanent
23 dedication so long as the lands are used for transportation
24 purposes.
25 (4) The comprehensive plan or plans for all
26 municipalities through which the roadway will pass and an
27 analysis which shows that the roadway conforms to these
28 comprehensive plans. To the extent that the roadway conforms
29 to such plans, the fact that the operator is a corporation,
30 as opposed to the Commonwealth, shall not affect the
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1 construction and operation of the roadway.
2 (5) The operator's plan for financing the proposed
3 construction or enlargement of the roadway, including
4 proposed tolls to be charged for use of the roadway,
5 projected amounts to be collected from such tolls and
6 anticipated traffic volume and detailed plans for
7 distribution of funds, including the priority in which
8 necessary expenditures will be made.
9 (6) The operator's plan for operation of the proposed
10 roadway or enlargement thereof.
11 (7) A list of all permits and approvals required for
12 construction of the roadway from Federal, State or local
13 agencies and a schedule for securing such approvals.
14 (8) An overall description of the project, the project
15 design and all proposed interconnections with the State
16 highway system, including any interstate highway, or
17 secondary system of highways or the streets or roads of any
18 municipality not within the State highway system, accompanied
19 by a copy of the approval of the project, the roadway design
20 and interconnections from the department, as well as the
21 municipality for connection with a street or road not under
22 State control.
23 (9) A list of public utility facilities to be crossed
24 and plans for such crossings or relocations of such
25 facilities.
26 (10) A copy of a resolution of approval adopted by the
27 governing body of every municipality through which the
28 proposed roadway will pass.
29 (11) A certificate of the operator that the roadway will
30 be designed and constructed to meet department standards, and
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1 substantially in accordance with a proposed timetable which
2 is agreeable to the department, and that the operator will
3 provide a design, review and inspection agreement with the
4 department which shall provide that the department shall
5 authorize construction upon review and approval of the plans
6 and specifications for the roadway and its interconnection
7 with other roads, and that it shall inspect periodically the
8 progress of the construction work to ensure its compliance
9 with the department standards.
10 (12) Completion and performance bonds in form and amount
11 satisfactory to the commission, which amounts shall be set by
12 the commission after consultation with the department.
13 Section 304. Incorporation and eminent domain.
14 The applicant shall be incorporated under the laws of this
15 Commonwealth relating to business corporations. Eminent domain
16 shall not be exercised by the operator for the purpose of
17 acquiring any lands or estates or interests therein, nor any
18 other property used by the operator for the construction or
19 enlargement of a roadway pursuant to this act.
20 Section 305. Powers of the commission.
21 The commission shall have the power, and be charged with the
22 duties of reviewing and approving or denying the application, of
23 supervising and controlling the operator in the performance of
24 its duties under this act and of correcting any abuse in the
25 performance of the operator's public duties. The commission
26 shall require, from the operator, a verified report describing
27 the nature of its contractual and other relationships with
28 individuals or entities contracting with the operator for the
29 provision of significant financial, construction or maintenance
30 services. The commission shall review the report and such other
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1 materials as it shall deem necessary for the purpose of
2 determining improper or excessive costs, and shall exclude from
3 the operator's costs any amounts which it finds are improper or
4 excessive. The commission also shall have the duty and authority
5 to approve or revise the toll rates charged by the operator.
6 Initial rates shall be approved if they appear reasonable to the
7 user in relation to the benefit obtained, not likely to
8 materially discourage use of the roadway and to provide the
9 operator no more than a reasonable rate of return as determined
10 by the commission. Thereafter, the commission, upon application,
11 complaint or its own initiative, and after investigation, may
12 order substituted for any toll being charged by the operator a
13 toll which is set at a level which is reasonable to the user in
14 relation to the benefit obtained and which will not materially
15 discourage use of the roadway by the public and which will
16 provide the operator no more than a reasonable return as
17 determined by the commission. If there are different conclusions
18 reached by the department and the commission, the decision of
19 the commission shall prevail.
20 Section 306. Powers and duties of roadway operator.
21 (a) Tolls and revenue.--The operator shall have the
22 authority to operate the roadway and charge tolls for the use
23 thereof, and shall pledge any revenue net of operational
24 expenses realized from tolls charged for the use of the roadway
25 in order to secure repayment of any obligations incurred for the
26 construction, enlargement or operation of such roadway. The
27 debts or obligations of the operator shall be limited to an
28 amount not to exceed the cost of construction plus an amount for
29 issuance cost and other financing expenses, and a reasonable
30 amount for reserve funds. The Commonwealth shall not obligate
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1 its full faith and credit on any financing of the operator and
2 assumption of operation of the project shall not obligate the
3 Commonwealth to pay any obligation of the operator, whether
4 secured or otherwise, from sources other than toll revenue.
5 Subject to applicable permit requirements, the operator shall
6 have the authority to cross any canal or navigable watercourse
7 so long as the crossing does not unreasonably interfere with
8 navigation and use of the waterway. In operating the roadway,
9 the operator may:
10 (1) classify traffic according to reasonable categories
11 for assessment of tolls; and
12 (2) with the consent of the department, make and enforce
13 reasonable regulations, including regulations which:
14 (i) Set maximum and minimum speeds that shall
15 conform to department and Commonwealth practices.
16 (ii) Exclude undesirable vehicles or cargoes or
17 materials from the use of the roadway.
18 (iii) Establish commuter lanes for use during all or
19 any part of a day and limit the use of such lanes to
20 certain traffic, if deemed necessary by the department.
21 The enumeration of powers in this subsection shall not limit the
22 power of the operator to do anything it deems necessary and
23 appropriate in the operation of the roadway, provided that the
24 practice is reasonable and nondiscriminatory.
25 (b) Duties.--The operator shall have the following duties:
26 (1) It shall file and maintain at all times with the
27 commission an accurate schedule of rates charged to the
28 public for use of all or any portion of the roadway, and it
29 shall also file and maintain a statement that such rates will
30 apply uniformly to all users within any such reasonable
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1 classification as the operator may elect to implement.
2 (2) It shall construct and maintain the roadway for
3 anticipated use according to appropriate standards of the
4 department for public highways operated and maintained by the
5 department, and enlarge or expand the road when unsatisfied
6 demand for use of the roadway makes it economically feasible
7 to do so. The operator shall agree with the department for
8 inspection of construction work by the department at
9 appropriate times during any construction or enlargement. In
10 addition, it shall cooperate fully with the department in
11 establishing any interconnection with the roadway that the
12 department may make.
13 (3) It shall contract with the Commonwealth for
14 enforcement of the traffic and public safety laws by State
15 authorities, and may similarly contract with appropriate
16 local authorities for those portions of the roadway within
17 the local jurisdiction.
18 Section 307. Approval of department.
19 (a) General rule.--The applicant for a certificate of
20 authority to construct or enlarge a roadway pursuant to this act
21 shall first secure the approval of the department for the
22 project, the project construction costs, the location and design
23 of the roadway, and its connection with any road under the
24 jurisdiction of the department, at proper and convenient places,
25 in order to provide for the convenience of the public. The
26 department shall approve or deny approval:
27 (1) 60 days following receipt of a description of the
28 proposed location and design of the roadway and its
29 connection with all other roads; or
30 (2) 45 days following the conduct of a hearing held
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1 under Title 2 of the Pennsylvania Consolidated Statutes
2 (relating to administrative law and procedure).
3 The department shall approve the project and its
4 interconnections with other roads if there is a public need for
5 a road project of the type proposed and the project and its
6 interconnections are compatible with the existing road network.
7 It shall approve the project construction costs if they are
8 reasonable. If interconnections with an interstate highway or
9 other Federal facility are contemplated, the department's
10 approval shall be conditioned upon ultimate approval of any
11 interconnection if such Federal approvals are required and have
12 not been obtained by the time the department acts. Approval of
13 the roadway design shall not be withheld if it conforms
14 materially with department practices for toll facilities of
15 similar size and with similar usage patterns. In making its
16 determinations, the department shall keep in mind the public
17 interest, which may include, without limitation, such
18 considerations as the relative speed of the construction of the
19 project and the allocation of the technical, financial and human
20 resources of the department. The approval granted by the
21 department shall be conditioned upon subsequent compliance by
22 the applicant with the agreement contemplated by subsection (b).
23 If the roadway is to be built partially or completely along
24 existing State highway right-of-way, the department shall grant
25 the applicant authority to use such right-of-way only if deemed
26 necessary.
27 (b) Comprehensive agreement.--If approval of the project,
28 project design and connections of the roadway is granted by the
29 department, it shall thereafter enter into a comprehensive
30 agreement with the applicant which provides, inter alia, that
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1 the department shall review and approve plans and specifications
2 for the roadway if they conform to Commonwealth practices; that
3 the department will inspect and approve construction of the
4 roadway if it conforms to the plans and specifications or
5 Commonwealth construction and engineering standards; that the
6 department will, throughout the life of the roadway project,
7 monitor the maintenance practices of the operator and take such
8 actions as are appropriate to ensure the performance of
9 maintenance obligations; and that the department shall be
10 reimbursed for its direct project costs, by the operator, for
11 the services performed by the department. The agreement shall
12 also provide, inter alia, that the operator will establish and
13 fund accounts which shall ensure that funds are available to
14 meet the obligations of the operator, including reasonable
15 reserves for contingencies and maintenance replacement
16 activities. The approval of plans and specifications and
17 construction may be undertaken in phases, but no construction
18 may commence until the approval of plans which include that
19 phase of construction. The services for which the department
20 shall be reimbursed include project development costs, such as
21 those attendant to preparation of environmental impact
22 statements, which are necessary for the construction of the
23 roadway by a private operator but have been performed by the
24 department. The agreement may include a provision that the
25 department will perform services necessary for project
26 development on behalf of the operator, and in such a case, the
27 department shall be fully reimbursed by the operator for its
28 direct costs.
29 Section 308. Insurance and sovereign immunity.
30 Any operator who constructs, operates or enlarges a roadway
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1 pursuant to this act shall secure and maintain a policy or
2 policies of public liability insurance in form and amount
3 satisfactory to the commission and sufficient to insure coverage
4 of tort liability to the public and employees, and to enable the
5 continued operation of the roadway. Proofs of coverage and
6 copies of policies shall be filed with the commission. Nothing
7 in this act shall be construed as or deemed a waiver of the
8 sovereign immunity of the Commonwealth with respect to its
9 participation or approval of all or any part of the roadway
10 application or operation, including, but not limited to,
11 interconnection of the roadway with the State Highway System.
12 Municipalities through which a roadway passes shall possess
13 governmental immunity with respect to roadway construction and
14 operation.
15 Section 309. Local approval.
16 (a) General rule.--Prior to the issuance of a certificate of
17 authority by the commission and prior to the filing of any
18 application materials with the commission, the applicant shall
19 provide the local governing body of each municipality through
20 which any part of the roadway passes, information and materials
21 required by section 303 and an overall description of the
22 project and its benefits. The governing body of the municipality
23 may participate in procedures conducted by the department or the
24 commission concerning the application.
25 (b) Lands, existing roads, etc.--When the operator wishes to
26 occupy lands owned by any municipality, including streets,
27 alleys or roads, it shall first obtain a franchise allowing such
28 occupancy or it may obtain the necessary interests through grant
29 or other appropriate conveyance of the operator for a period of
30 time not to exceed the term of the certificate.
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1 (c) Interconnection plans.--Where the applicant wishes to
2 interconnect with the streets or road system of any
3 municipality, and the municipality is willing to allow the
4 interconnection, the applicant shall submit appropriate plans
5 for the connection to the governing body of that municipality,
6 which shall approve the connection if it determines that the
7 connection meets all appropriate engineering requirements.
8 (d) Supplemental agreements, etc.--The operator and the
9 municipality may also agree on any supplemental or related
10 matters according to such terms and conditions as are
11 reasonable, appropriate and in the public interest, and any such
12 municipality is hereby authorized to enter into such an
13 agreement.
14 Section 310. Utility crossings.
15 The applicant shall include in the application a list of
16 public utility facilities and rights-of-way to be crossed or
17 otherwise affected in the construction of the roadway and a plan
18 and schedule for such crossings. The operator and each public
19 utility whose works are to be crossed or affected shall each
20 have the duty to cooperate fully with the other in the planning
21 and arranging of the manner of the crossing or relocation of the
22 facilities. Any public utility possessing the powers of eminent
23 domain is hereby expressly granted such powers in connection
24 with the moving or relocation of facilities to be crossed by the
25 roadway or which must be relocated to the extent that such
26 moving or relocation is made necessary by construction of the
27 roadway, which shall be construed to include construction of
28 temporary facilities for the purpose of providing service during
29 the period of construction. Should the applicant or operator and
30 the public utility whose facilities are to be crossed or
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1 relocated not be able to agree upon a plan for such crossing or
2 any necessary relocation, either party may request the
3 commission to inquire into the need for the crossing or
4 relocation and to decide whether such crossing or relocation
5 should be compelled, and, if so, the manner in which such
6 crossing or relocation is to be accomplished and any damages due
7 either party arising out of the crossing or relocation. The
8 commission may, in its discretion, employ expert engineers who
9 shall examine the location and plans for such crossing or
10 relocation, hear any objections and consider modifications, and
11 make a recommendation to the commission. In such a case, the
12 cost of the experts is to be borne equally by the applicant and
13 the public utility, unless the commission determines that it
14 would be unjust, in which case the cost shall be borne as the
15 commission decides.
16 Section 311. Highway and roadway crossings.
17 No crossing of a railway, highway, street, road or alley
18 shall be at grade, but shall pass above or below the railway,
19 highway, street, road, or alley, and such crossings are hereby
20 permitted, subject to the provisions of this act.
21 Section 312. Default.
22 In the event of material and continuing default in the
23 performance of the operator's construction or operation duties
24 or failure of the operator to comply with the terms of its
25 agreement with the department, or in the event that construction
26 has not begun within two years of the issuance of a certificate,
27 the commission, after a hearing in which the applicant or
28 operator has notice and opportunity to participate, may revoke
29 the certificate of authority for the roadway, declare a default
30 in the construction or operation of the roadway, and make or
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1 cause to be made the appropriate claim or claims under any
2 completion or performance bonds, or take such other action as it
3 may deem appropriate, under the circumstance. The department may
4 participate in or initiate such proceedings. In case of
5 revocation of a certificate, the applicant or operator shall
6 thereafter be without any authority to construct or operate the
7 roadway, and the department may take over construction and
8 operation of the roadway, and may proceed thereafter to take any
9 steps which are in the public interest, including completion of
10 construction or additions to the roadway, closing the roadway,
11 or any intermediate step. The department shall receive the full
12 proceeds of any payments due to claims against bonding companies
13 or sureties for this purpose. In addition, in such event, the
14 operator shall grant to the department all of its right, title
15 and interest in the assets of the corporation. Nothing herein
16 shall be construed to limit the department's exercise of the
17 power of eminent domain. In either case, the operator may obtain
18 compensation from the department for such assets, except that
19 the department shall first deduct from the value of such assets
20 all of the department's costs incurred in connection with
21 completion or fulfillment of the unperformed obligations of the
22 operator, and any other costs associated with the events
23 contemplated in this section. The department shall take into
24 account moneys received from the proceeds of any payment or
25 completion bond in calculating the amount due the operator.
26 Section 313. Police powers.
27 The roadway and highways constructed or operated under this
28 act may be policed in whole or in part by officers of the
29 Pennsylvania State Police, even though all or some portion of
30 any such projects lie within the corporate limits of a
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1 municipality and just as if the roadway and highway were a part
2 of the State highway system. The operator and the Pennsylvania
3 State Police shall agree upon reasonable terms and conditions
4 pursuant to which the activities contemplated in this section
5 may take place. Such officers shall be under the exclusive
6 control and direction of the Commissioner of the Pennsylvania
7 State Police and shall be responsible for the preservation of
8 public peace, prevention of crime, apprehension of criminals,
9 protection of the rights of persons and property, and
10 enforcement of the laws of this Commonwealth, within the limits
11 of any highway and roadway. All other police officers of the
12 Commonwealth and of each municipality or other political
13 subdivision of this Commonwealth through which any roadway, or
14 portion thereof, extends shall have the same powers and
15 jurisdiction within the limits of such roadways and highways as
16 they have beyond such limits and shall have access to the
17 highway and road at any time for the purpose of exercising such
18 powers and jurisdiction. This authority does not extend to the
19 private offices, buildings, garages and other improvements of
20 the operator to any greater degree than the police power extends
21 to any other private buildings and improvements.
22 Section 314. Traffic and motor vehicle laws.
23 The traffic and motor vehicle laws of this Commonwealth shall
24 apply to persons and motor vehicles on the roadway or highway,
25 and the powers of arrest of police officers shall be the same as
26 those applying to conduct on the State highway system.
27 Punishment for offenses shall be as prescribed by law for
28 conduct occurring on the State highway system.
29 Section 315. Termination of certificate.
30 Within 90 days of completion and closing of the original
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1 permanent financing, the operator shall provide full details of
2 the financing, including the terms of all bonds, to the
3 commission; and shall certify the date on which all debt will be
4 retired. The commission may require that the operator provide
5 copies of any relevant documents, and shall review the financing
6 and determine the date on which all bonds or other debt
7 constituting the original permanent financing will be retired.
8 After establishing this date, the commission shall enter an
9 order terminating the operator's authority pursuant to the
10 certificate of authority on a date which shall be ten years from
11 the date on which all of the original permanent financing will
12 be completely retired. At the request of the operator or the
13 department, or on its own initiative, the commission may revise
14 its order to modify the date for termination of the certificate
15 of authority in order to take into account any refinancing of
16 the original permanent financing, where the refinancing or
17 modification is in the public interest, or any refinancing for
18 the purpose of expansion, or early retirement of the debt. Upon
19 the termination of the certificate of authority, the authority
20 and duties of the operator under this chapter shall cease, and
21 the highway assets and improvements of the operator shall be
22 dedicated to the Commonwealth for highway purposes.
23 Section 316. Toll Road Improvement Fund.
24 (a) Establishment.--There is hereby established a separate
25 account in the State Treasury to be known as the Toll Road
26 Improvement Fund. This fund shall be for the purpose of
27 providing moneys for transportation improvements which are
28 related to or affected by the toll roads operating under this
29 act. All moneys in the fund are hereby appropriated to the
30 department on a continuing basis to carry out this section.
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1 (b) Toll rates.--In setting toll rates, the commission shall
2 determine them in an amount which will:
3 (1) Meet the operator's financial obligations under this
4 act.
5 (2) Provide a reasonable rate of return for the
6 operator.
7 (3) Provide a reasonable amount of revenues for the
8 fund.
9 (c) Assistance grants.--The commission shall, by regulation,
10 adopt a plan for the equitable allocation of grants from the
11 fund to municipalities for transportation projects relating to
12 toll roads.
13 CHAPTER 9
14 MISCELLANEOUS PROVISIONS
15 Section 901. Repeal.
16 All acts and parts of acts are repealed insofar as they are
17 inconsistent with this act.
18 Section 902. Effective date.
19 This act shall take effect in 60 days.
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