PRINTER'S NO. 1547
No. 1158 Session of 2007
INTRODUCED BY MADIGAN, STOUT, SCARNATI, PILEGGI, RAFFERTY,
ERICKSON, D. WHITE, M. WHITE, WAUGH, ARMSTRONG, WASHINGTON,
RHOADES, WONDERLING, REGOLA AND CORMAN, NOVEMBER 13, 2007
REFERRED TO TRANSPORTATION, NOVEMBER 13, 2007
AN ACT
1 Amending Title 74 (Transportation) of the Pennsylvania
2 Consolidated Statutes, providing for transportation
3 infrastructure partnership and development.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 74 of the Pennsylvania Consolidated
7 Statutes is amended by adding a part to read:
8 PART V
9 TRANSPORTATION INFRASTRUCTURE
10 Chapter
11 91. Partnership and Development
12 CHAPTER 91
13 PARTNERSHIP AND DEVELOPMENT
14 Sec.
15 9101. Scope of chapter.
16 9102. Findings and declaration of policy.
17 9103. Definitions.
18 9104. Transportation development agreements.
1 9105. Proposals for transportation development agreements.
2 9106. Review and selection of proposals.
3 9107. Affected local jurisdictions.
4 9108. Terms and conditions of transportation development
5 agreements.
6 9109. Material default; remedies.
7 9110. Financing qualifying transportation projects.
8 9111. Power of eminent domain.
9 9112. Police powers; motor vehicle laws.
10 9113. Taxation of authorized development entity or entities.
11 9114. Pennsylvania Transportation Development Trust Fund.
12 9115. Regional mobility account, etc.
13 9116. Regional mobility authority.
14 9117. Turnpike lease restricted.
15 § 9101. Scope of chapter.
16 This chapter relates to transportation infrastructure
17 partnership and development.
18 § 9102. Findings and declaration of policy.
19 The General Assembly finds, determines and declares as
20 follows:
21 (1) There is urgent public need to reduce congestion,
22 increase capacity, improve safety and enhance economic
23 efficiency of transportation facilities throughout this
24 Commonwealth.
25 (2) The Commonwealth has limited resources to fund the
26 maintenance and expansion of its transportation facilities.
27 (3) To ensure that the needs of the public are
28 adequately addressed, alternative funding mechanisms and
29 strategies must be developed to supplement existing public
30 revenue sources.
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1 (4) Public entities should be authorized to enter into
2 transportation development agreements with private entities,
3 other public entities or partnerships of such entities in
4 order to accelerate the cost-effective delivery of improved
5 transportation facilities throughout this Commonwealth.
6 § 9103. Definitions.
7 The following words and phrases when used in this chapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Affected local jurisdiction." A county, city, township,
11 borough, incorporated town, local planning organization,
12 regional planning organization, metropolitan transportation
13 authority or regional mobility authority within whose
14 jurisdictional boundaries all or a portion of a qualifying
15 transportation project is located, or which is or will be
16 directly affected by the project.
17 "Approving body." In the case of a proposal subject to State
18 Transportation Commission review and approval under section
19 9104(a) (relating to transportation development agreements), the
20 State Transportation Commission and the proprietary public
21 entity. In the case of a proposal not subject to State
22 Transportation Commission approval under section 9104(a), the
23 proprietary public entity.
24 "Authorized development entity." A private entity, another
25 public entity or any partnership of the entities authorized by
26 the approving body or bodies to assume responsibility for the
27 use of or control, in whole or in part, of a transportation
28 facility from a proprietary public entity.
29 "Department." The Department of Transportation of the
30 Commonwealth.
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1 "Design build." The mode of infrastructure development
2 whereby the contractor is responsible for both the design and
3 construction of a qualifying transportation project.
4 "Develop" or "development." The term includes, but is not
5 limited to, the acts or functions of planning, designing,
6 financing, constructing, purchasing, installing, adding,
7 extending or other activities relating to the improvement of a
8 transportation facility.
9 "Fund." The Pennsylvania Transportation Development Trust
10 Fund established under section 9114 (relating to Pennsylvania
11 Transportation Development Trust Fund).
12 "Intergovernmental Cooperation Act." 53 Pa.C.S. Pt. III
13 Subpt. D (relating to area government and intergovernmental
14 cooperation).
15 "Local governmental entity." A unit of government with less
16 than Statewide jurisdiction, or any officially designated public
17 agency or authority of the unit of government, that has the
18 responsibility for planning, construction, operation or
19 maintenance of or jurisdiction over a transportation facility.
20 The term includes, but is not limited to, a county, city,
21 township, borough, incorporated town, municipal authority, local
22 or regional planning organization, metropolitan transportation
23 authority, regional mobility authority or other political
24 subdivision or governmental entity created with less than
25 Statewide jurisdiction, or any combination of the entities
26 acting pursuant to 53 Pa.C.S. Pt. III Subpt. D (relating to area
27 government and intergovernmental cooperation) or a similar
28 statute.
29 "Local planning organization." An entity whose jurisdiction
30 does not exceed the county in which it is located, and which is
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1 charged with transportation planning responsibilities in the
2 area in which a qualifying transportation project is located.
3 "Material default." Failure of an authorized development
4 entity or entities to perform any duties under a transportation
5 development agreement which jeopardizes delivery of adequate
6 service to the public and remains unsatisfied after a reasonable
7 period of time and after the authorized development entity or
8 entities has received written notice from the approving body or
9 bodies of the failure.
10 "Maximum rate of return." The negotiated maximum rate of
11 return a private entity can receive as an authorized development
12 entity from the operating and nonoperating revenues of a
13 transportation facility pursuant to a transportation development
14 agreement, including any incidental receipts and other income
15 derived from the transportation facility covered by the
16 agreement.
17 "Municipality Authorities Act." 53 Pa.C.S. Ch. 56 (relating
18 to municipal authorities).
19 "Operate" or "operation." Includes, but is not limited to,
20 the acts or functions of managing, controlling, maintaining,
21 repairing, conducting financial proceedings and other day-to-day
22 activities of an enterprise.
23 "Partnership." An organization structured as a partnership
24 or joint venture and comprised of any combination of private
25 entities or public entities or both.
26 "Private entity." A natural person, sole proprietorship,
27 corporation, company, association, syndicate, partnership,
28 limited liability company, business trust, public benefit
29 corporation, nonprofit entity or any other entity not
30 specifically listed in this definition entering into a
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1 transportation development agreement with a proprietary public
2 entity for a qualifying transportation project.
3 "Proprietary public entity." The public entity that owns the
4 proposed or existing transportation facility subject to a
5 transportation development agreement.
6 "Public entity." The Commonwealth or any department,
7 commission, authority or agency thereof or any local government
8 entity. The term shall specifically include the State
9 Transportation Commission, the Department of Transportation and
10 the Pennsylvania Turnpike Commission. For purposes of this
11 chapter, the term does not include the General Assembly and its
12 members, officers or agencies or any court or other office or
13 agency of the Pennsylvania judicial system.
14 "Qualifying transportation project." A proposed or existing
15 undertaking by an authorized development entity or entities for
16 the development or operation of a transportation facility
17 totally or partially within this Commonwealth.
18 "Regional mobility account." A separate account of the
19 Commonwealth within the Pennsylvania Transportation Development
20 Trust Fund, under the custody of the State Treasurer, into which
21 transportation development revenues or other funds, including
22 surcharges imposed by the Commonwealth, may be deposited for
23 operation or development of regional transportation facilities.
24 "Regional mobility authority." An authority or similar local
25 government entity created pursuant to 53 Pa.C.S. Pt. III Subpt.
26 D (relating to area government and intergovernmental
27 cooperation), 53 Pa.C.S. Ch. 56 (relating to municipal
28 authorities) or other Commonwealth statute and recognized under
29 this chapter and regulations issued by the State Transportation
30 Commission for the purpose of promoting regional transportation
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1 development.
2 "Regional planning organization." An entity with multicounty
3 jurisdiction and designated under Federal or State law with
4 transportation planning responsibilities in the region in which
5 a qualifying transportation project is located.
6 "Request for proposals." All materials and documents
7 prepared by or on behalf of a public entity to solicit proposals
8 from public or private entities to enter into a transportation
9 development agreement for a qualifying transportation project as
10 set forth in this chapter.
11 "Right-to-Know Law." The act of June 21, 1957 (P.L.390,
12 No.212), referred to as the Right-to-Know Law.
13 "Separations Act." The act of May 1, 1913 (P.L.155, No.104),
14 entitled "An act regulating the letting of certain contracts for
15 the erection, construction, and alteration of public buildings."
16 "State Adverse Interest Act." The act of July 19, 1957
17 (P.L.1017, No.451), known as the State Adverse Interest Act.
18 "State advisor." An entity as defined in section 2 of the
19 act of July 19, 1957 (P.L.1017, No.451), known as the State
20 Adverse Interest Act.
21 "State consultant." An entity as defined in section 2 of the
22 act of July 19, 1957 (P.L.1017, No.451), known as the State
23 Adverse Interest Act.
24 "Transportation Commission." The State Transportation
25 Commission of the Commonwealth established under section 468 of
26 the act of April 9, 1929 (P.L.177, No.175), known as The
27 Administrative Code of 1929.
28 "Transportation development agreement." A lease, license,
29 franchise, easement, concession or other binding agreement
30 transferring rights for the use or control, in whole or in part,
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1 of a transportation facility by a proprietary public entity to
2 an authorized development entity or entities for a definite term
3 during which the authorized development entity or entities will
4 provide transportation-related services, including, but not
5 limited to, any one or more of the following: operations and
6 maintenance, revenue collection, toll collection enforcement,
7 design, construction, development and other activities with
8 respect to existing or new transportation facilities that
9 enhance throughput, reduce congestion, improve safety or
10 otherwise manage or improve a transportation facility in return
11 for the right to receive all or a portion of the revenues of the
12 transportation facility.
13 "Transportation development revenues." Money generated from
14 or received in support of the development or operation of a
15 qualifying transportation project, including, but not limited
16 to, user fees, service payments, surcharges, lease payments,
17 governmental appropriations or grants, proceeds of debt or
18 equity issuance, income from operations and earnings on
19 investments.
20 "Transportation facility." A road, bridge, tunnel, overpass,
21 ferry, busway, guideway, other public transportation facility,
22 vehicle parking facility, port facility, multimodal
23 transportation facility, airport, station, hub, terminal or
24 similar facility used for the transportation of persons, animals
25 or goods, together with any buildings, structures, parking
26 areas, appurtenances and other property needed to operate the
27 facility. The term includes any improvements or substantial
28 enhancements thereto.
29 "User fees." Rates, tolls, fees or other charges imposed or
30 collected by an authorized development entity or entities for
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1 use of all or a portion of a transportation facility pursuant to
2 a transportation development agreement.
3 § 9104. Transportation development agreements.
4 (a) Authorization and approval.--Subject to the provisions
5 of this chapter and the approval of its governing body, a
6 proprietary public entity has full authority to enter into a
7 transportation development agreement with an authorized
8 development entity or entities governing the development or
9 operation of all or any portion of a transportation facility,
10 except that, if the transportation development agreement results
11 in the proprietary public entity disposing of or relinquishing
12 its control of a transportation facility or pertains to a
13 transportation facility that receives Commonwealth funding, then
14 the transportation development agreement must also be reviewed
15 and approved by the Transportation Commission before the
16 proprietary public entity can enter into the agreement.
17 (b) Project activities authorized.--Subject to the
18 requirements of this chapter, a transportation development
19 agreement may provide for the authorized development entity or
20 entities to be partially or entirely responsible for any one or
21 more of the following activities: planning, design, development,
22 construction, reconstruction, improvement, extension or
23 expansion, operation, repair, maintenance, management, revenue
24 collection or financing of a transportation facility.
25 (c) Repositories for materials.--The Transportation
26 Commission shall serve as the primary repository for all
27 materials relating to the review and approval of transportation
28 development agreements that involve transportation facilities
29 that receive funding from the Commonwealth or result in the
30 proprietary public entity disposing of or relinquishing its
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1 control over the transportation facilities. Otherwise, the
2 proprietary public entity shall serve as the repository for
3 materials relating to the review of transportation development
4 agreements which do not require the approval of the
5 Transportation Commission.
6 § 9105. Proposals for transportation development agreements.
7 (a) Solicited proposals.--Before entering into a
8 transportation development agreement, the proprietary public
9 entity must issue a request for proposals as set forth in this
10 subsection. If the proposal being requested is subject to
11 Transportation Commission review and approval pursuant to
12 section 9104(a) (relating to transportation development
13 agreements), the request for proposals must be authorized and
14 issued jointly by the proprietary public entity and the
15 Transportation Commission. Any request for proposals shall use a
16 competitive procurement process that selects the authorized
17 development entity whose proposal provides the best value for
18 the proprietary public entity and for the Commonwealth. Notice
19 of any such request for proposals shall be published in the
20 Pennsylvania Bulletin and posted or published in whatever other
21 medium is regularly used by the proprietary public entity for
22 procurement matters. A request for proposals issued under this
23 subsection shall include the following:
24 (1) The minimum scope and content of the information to
25 be provided by the respondent.
26 (2) The factors or criteria that will be used by the
27 approving body or bodies in evaluating the proposals and the
28 deadline for submitting the proposal.
29 (3) A statement concerning the scope and location of the
30 proposed project.
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1 (4) A statement concerning any other information that
2 the approving body or bodies may consider in evaluating the
3 proposals.
4 (5) A statement indicating that if clarification is
5 needed in the evaluation of the proposals, the proprietary
6 public entity, together with the Transportation Commission if
7 its approval is required, may negotiate specific provisions
8 with the prospective authorized development entity that
9 submitted the proposal pursuant to the request for proposals.
10 (b) Unsolicited proposals.--A proprietary public entity may
11 entertain and accept for review unsolicited proposals submitted
12 by public or private entities for a qualifying transportation
13 project. To the extent a proposal is subject to Transportation
14 Commission review and approval pursuant to section 9104(a), the
15 proposal shall also be submitted to the Transportation
16 Commission. For proposals not subject to Transportation
17 Commission approval, proprietary public entities may establish
18 rules and procedures for accepting unsolicited proposals and may
19 set forth the information required to be included in unsolicited
20 proposals submitted by public or private entities. The
21 Transportation Commission shall be responsible for establishing
22 rules and procedures for unsolicited proposals subject to its
23 approval, which shall include a review and response period not
24 exceeding 135 days from receipt of the unsolicited proposal for
25 any proposal with an estimated cost of construction greater than
26 $50,000,000. If an unsolicited proposal is deemed to be in
27 compliance with the rules and procedures as established by the
28 appropriate approving body and if the public entity or entities
29 so desire to pursue the proposed qualifying transportation
30 project, the proprietary public entity, jointly with the
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1 Transportation Commission if its approval is required, must
2 publish a request for and receive competing proposals in
3 accordance with subsection (a).
4 (c) Discussions and negotiations with proposing entities.--A
5 proprietary public entity, and the Transportation Commission
6 where its approval is required, may conduct discussions and
7 negotiations with public or private entities which have
8 submitted solicited or unsolicited proposals for the purpose of
9 clarification to assure full understanding of the proposals or
10 the responsiveness of solicited proposals to solicitation
11 requirements.
12 (d) Design build development; Separations Act
13 inapplicable.--Notwithstanding any other provision of law to the
14 contrary:
15 (1) any proposal made pursuant to this chapter may
16 provide for the design build mode of infrastructure
17 development; and
18 (2) in no event shall an authorized development entity
19 or entities be subject to the requirements of the Separations
20 Act in connection with a transportation development agreement
21 authorized pursuant to this chapter.
22 (e) Federal credit assistance.--The approving body or bodies
23 and affected local jurisdictions may apply for, execute or
24 endorse applications by prospective authorized development
25 entities to obtain Federal credit assistance for a qualifying
26 transportation project.
27 (f) Adverse interests of proposing private entity.--
28 (1) Except as provided in paragraph (2), a private
29 entity which is a State advisor or State consultant for the
30 Transportation Commission, the department, the Pennsylvania
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1 Turnpike Commission or any other proprietary public entity
2 shall not be deemed to be in violation of the State Adverse
3 Interest Act if the private entity:
4 (i) prepares or submits a proposal or a response to
5 a request for proposals under this section;
6 (ii) negotiates or enters into a transportation
7 development agreement; or
8 (iii) engages in other activities in furtherance of
9 the provisions or purposes of this chapter.
10 (2) A private entity which submits an unsolicited
11 proposal or a response to a request for proposals shall be
12 prohibited from providing advice to the Transportation
13 Commission, the department, the Pennsylvania Turnpike
14 Commission or a proprietary public entity on its proposal,
15 any competing proposal or a request for proposals for which
16 it has submitted a response.
17 (g) Fees.--The approving body or bodies may require that a
18 nonrefundable fee accompany any solicited or unsolicited
19 proposal submitted pursuant to this section to cover all or part
20 of the costs of processing, reviewing and evaluating the
21 proposal.
22 (h) Confidentiality of records.--To encourage public and
23 private entities to submit proposals under subsections (a) and
24 (b), the following information shall be considered confidential,
25 and shall not be considered a public record subject to
26 disclosure, public inspection or copying under the Right-to-Know
27 Law, or any other act, until a final transportation development
28 agreement for a proposed qualifying transportation project is
29 entered into:
30 (1) All or part of a proposal, whether solicited or
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1 unsolicited, submitted by a public or private entity or any
2 partnership of the entities for a proposed qualifying
3 transportation project, except information regarding the
4 scope, location and limits of the project and information
5 pertaining to a public or private entity's qualifications,
6 experience, technical competence and capability to develop
7 the project.
8 (2) Information and records created during any
9 discussions or negotiations arising from the process as
10 described in subsection (c).
11 (i) Disclosure of records.--Notwithstanding subsection (h),
12 after a transportation development agreement has been entered
13 into, the entire selected proposal shall be considered a public
14 record for purposes of disclosure under the Right-to-Know Law.
15 Promptly after a transportation development agreement has been
16 entered into, the approving body or bodies shall also make
17 available for inspection and copying by the public a summary of
18 the terms of the selected proposal and a written explanation of
19 the basis upon which the selection was made. Proprietary
20 information contained in proposals not selected and records of
21 negotiations with private entities not selected shall continue
22 to be exempt from public disclosure.
23 § 9106. Review and selection of proposals.
24 (a) Timing of review.--For proposals subject to its
25 approval, the Transportation Commission by published regulations
26 shall promulgate procedures and guidelines that establish the
27 process for the review and selection of a proposal submitted
28 pursuant to section 9105(a) and (b) (relating to proposals for
29 transportation development agreements). The guidelines shall
30 establish:
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1 (1) a specific schedule for the timing of the review of
2 the proposals by the approving body or bodies designed with a
3 high priority placed upon a review schedule requiring less
4 than 135 days;
5 (2) a process for alteration of that schedule if the
6 approving body or bodies deem that changes are necessary
7 because of the scope or complexity of proposals received; and
8 (3) the type and amount of information that is necessary
9 for adequate review of proposals. A proprietary public entity
10 shall promulgate its own procedures and guidelines for the
11 review and selection of proposals which do not require
12 Transportation Commission approval.
13 (b) Asset valuation.--In evaluating any submitted proposal,
14 the approving body or bodies may rely on internal reports
15 prepared by staff familiar with the operation of similar
16 transportation facilities or may engage the services of the
17 private consultants, engineers and other experts as the
18 approving body or bodies determine are necessary or desirable
19 for the purposes of performing the evaluations. As part of each
20 evaluation of any submitted proposal, the approving body or
21 bodies shall be required to obtain a financial and valuation
22 assessment with respect to the proposed qualifying
23 transportation project from a qualified independent advisor with
24 experience and expertise with similar transportation facilities.
25 (c) Factors for review and selection of proposals.--The
26 appropriate approving body or bodies may consider the following
27 factors in reviewing and selecting a proposal to enter into a
28 transportation development agreement:
29 (1) the ability of the qualifying transportation project
30 to improve safety, reduce congestion, increase capacity and
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1 promote economic growth;
2 (2) the compatibility of the proposal with existing
3 local or regional land use plans or the commitment of local
4 communities to approve plans in preparation for the proposed
5 project;
6 (3) the proposed cost of and financial plan for the
7 qualifying transportation project;
8 (4) the general reputation, qualifications, industry
9 experience and financial capacity of the entity or entities
10 submitting the proposal;
11 (5) the proposed design, operation and feasibility of
12 the qualifying transportation project;
13 (6) comments from local citizens and affected local
14 jurisdictions;
15 (7) benefits to the public;
16 (8) the safety record of the entity or entities
17 submitting the proposal; and
18 (9) other criteria that the approving body or bodies
19 deem appropriate.
20 § 9107. Affected local jurisdictions.
21 The Transportation Commission by published regulations shall
22 promulgate procedures and guidelines that establish a process in
23 which affected local jurisdictions receive notice of a proposed
24 qualifying transportation project and have an opportunity to
25 provide input regarding the project before a transportation
26 development agreement is executed. For proposed qualifying
27 transportation projects which do not require approval of the
28 Transportation Commission under section 9104(a) (relating to
29 transportation development agreements), the proprietary public
30 entity shall promulgate its own procedures and guidelines by
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1 which affected local jurisdictions receive notice of a proposed
2 qualifying transportation project and have an opportunity to
3 provide input prior to the execution of a transportation
4 development agreement.
5 § 9108. Terms and conditions of transportation development
6 agreements.
7 (a) Proprietary public entity and authorized development
8 entity negotiations.--Except as otherwise expressly provided in
9 section 9105 (relating to proposals for transportation
10 development agreements) and this section, a proprietary public
11 entity may enter into a transportation development agreement
12 with an authorized development entity or entities without regard
13 to the provisions of 62 Pa.C.S. Pt. 1 (relating to Commonwealth
14 Procurement Code). The proprietary public entity and authorized
15 development entity or entities are expressly authorized to
16 negotiate the provisions of a transportation development
17 agreement.
18 (b) Required provisions.--A transportation development
19 agreement entered into under this chapter shall provide for the
20 following:
21 (1) a process by which the authorized development entity
22 or entities implements, sets and adjusts any user fees on any
23 transportation facility;
24 (2) the methodologies, indices or other factors for the
25 setting and adjusting of user fees;
26 (3) the original term of the transportation development
27 agreement, which may not exceed 50 years;
28 (4) dates for the beginning and completion of
29 construction of or improvements to the qualifying
30 transportation project;
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1 (5) the transportation facility acquired or constructed
2 pursuant to a transportation development agreement is public
3 property that is leased to the authorized development entity
4 and belongs to the proprietary public entity;
5 (6) that upon termination of the transportation
6 development agreement, the transportation facility must be in
7 a state of proper maintenance and repair and shall be
8 returned to the proprietary public entity in satisfactory
9 condition at no further cost to the public entity;
10 (7) maintenance of a policy or policies of liability
11 insurance, copies of which shall be filed with the
12 proprietary public entity accompanied by proofs of coverage,
13 or self insurance, each in form and amount satisfactory to
14 the proprietary public entity and reasonably sufficient to
15 insure coverage of tort liability to the public and employees
16 and to enable the continued operation of the transportation
17 facility; and
18 (8) that the authorized development entity shall comply
19 with the act of August 15, 1961 (P.L.987, No.442), known as
20 the Pennsylvania Prevailing Wage Act, and 62 Pa.C.S. § 107
21 (relating to reciprocal limitations).
22 § 9109. Material default; remedies.
23 (a) General rule.--Upon the occurrence and during the
24 continuation of a material default of a transportation
25 development agreement by an authorized development entity or
26 entities, the approving body or bodies may:
27 (1) Elect to take over the transportation facility which
28 is the subject of the transportation development agreement,
29 including the succession of all right, title and interest in
30 the transportation facility, subject to any liens on revenues
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1 previously granted by the authorized development entity or
2 entities.
3 (2) Terminate the transportation development agreement
4 and exercise any other rights and remedies that may be
5 available.
6 (b) Takeover.--In the event that the approving body or
7 bodies elect to take over a transportation facility under
8 subsection (a), the approving body or bodies:
9 (1) Shall collect and pay any revenues that are subject
10 to lien to satisfy any obligation.
11 (2) May develop and operate the transportation facility,
12 impose user fees for the use of the transportation facility
13 and comply with any service contracts.
14 (3) May solicit proposals for the maintenance and
15 operation of the transportation facility under section 9105
16 (relating to proposals for transportation development
17 agreements).
18 § 9110. Financing qualifying transportation projects.
19 (a) User fees.--
20 (1) Each transportation development agreement shall
21 authorize the authorized development entity or entities to
22 impose user fees for use of the transportation facility.
23 Unless specifically prohibited in the transportation
24 development agreement, the authorization shall permit the
25 imposition of user fees on transportation facilities not
26 currently subject to user fees, subject to compliance with
27 applicable Federal and State law and approval by the
28 Transportation Commission.
29 (2) The transportation development agreement may
30 authorize the authorized development entity or entities to
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1 collect tolls or user fees through both conventional methods
2 and nonconventional methods, including, but not limited to,
3 automatic vehicle identification systems, electronic toll
4 collection systems and, to the extent permitted by law,
5 video-based toll-collection enforcement.
6 (3) A maximum rate of return on investment shall be
7 negotiated by the proprietary public entity and the
8 authorized development entity or entities and stated in the
9 transportation development agreement.
10 (4) After expiration of the original term of the
11 transportation development agreement, the proprietary public
12 entity may continue to charge user fees for the use of the
13 transportation facility.
14 (5) User fees under a transportation development
15 agreement shall generally be uniform for similar persons and
16 vehicles traveling under like conditions, except as may be
17 required to mitigate congestion on and preserve capacity of
18 the transportation facility which is the subject of the
19 transportation development agreement.
20 (b) Bonding authority.--A proprietary public entity or
21 authorized development entity or entities may authorize the
22 issuance of debt, equity or other securities or obligations to
23 pay all or part of the costs of a qualifying transportation
24 project and may secure any such financing with a pledge of,
25 security interest in or lien on any of the user fees charged and
26 collected for the use of the transportation facility. However,
27 any bonds, debt, other securities or other financing issued for
28 the purposes of this chapter shall be limited obligations of the
29 proprietary public entity or authorized development entity or
30 entities and shall not be considered to constitute a debt of the
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1 Commonwealth or any political subdivision thereof or a pledge of
2 the full faith and credit of the Commonwealth or any political
3 subdivision thereof.
4 (c) Limited recourse bonds backed by pledge of portion of
5 Motor License Fund revenues.--(Reserved).
6 § 9111. Power of eminent domain.
7 At the request of an authorized development entity or
8 entities, the proprietary public entity or an affected local
9 jurisdiction otherwise possessing the power of eminent domain
10 may exercise that power for the purpose of acquiring any real
11 property or interests therein deemed necessary to advance the
12 development or operation of a qualifying transportation project.
13 Any amounts payable in any such eminent domain proceeding may be
14 paid by the proprietary public entity or the authorized
15 development entity or entities.
16 § 9112. Police powers; motor vehicle laws.
17 (a) Powers and jurisdiction.--All law enforcement officers
18 of the Commonwealth and each affected local jurisdiction shall
19 have the same powers and jurisdiction within the limits of a
20 qualifying transportation project as they have in their
21 respective areas of jurisdiction, and law enforcement officers
22 shall have access to the qualifying transportation project at
23 any time for the purpose of exercising their law enforcement
24 powers and jurisdiction.
25 (b) Enforcement of traffic laws.--To the extent the
26 qualifying transportation project includes a highway, bridge,
27 tunnel, overpass or similar transportation facility for motor
28 vehicles, the traffic and motor vehicle laws of this
29 Commonwealth or, if applicable, any local jurisdiction shall be
30 the same as those applying to conduct on similar transportation
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1 facilities in the Commonwealth or the local jurisdiction.
2 (c) Payment of law enforcement costs.--The authorized
3 development entity or entities shall be responsible for the
4 payment of all costs associated with the provision of law
5 enforcement services pursuant to subsections (a) and (b) within
6 the limits of a qualifying transportation project.
7 (d) Fines.--Fines imposed by law enforcement officers for
8 violations occurring within the limits of a qualifying
9 transportation project shall be imposed, collected, distributed
10 and governed as otherwise provided by applicable law.
11 § 9113. Taxation of authorized development entity or entities.
12 (a) General rule.--To the extent that revenues or user fees
13 received by an authorized development entity or entities are
14 subject to any tax imposed by a political subdivision prior to
15 the effective date of this chapter, the revenues or user fees
16 shall continue to be subject to the tax and to future increases
17 in the rate of the tax.
18 (b) New taxation barred.--After the effective date of this
19 chapter, no new tax shall be imposed by a political subdivision
20 on the revenues or user fees received by an authorized
21 development entity or entities.
22 (c) Realty transfer tax.--No transportation development
23 agreement, lease, concession, franchise or other contract
24 involving real property of a qualifying transportation project
25 shall be subject to any Commonwealth or local realty transfer
26 tax imposed under the act of December 31, 1965 (P.L.1257,
27 No.511), known as The Local Tax Enabling Act, the act of March
28 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or
29 a successor statute.
30 (d) Property.--Property used in connection with a qualifying
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1 transportation project shall be considered public property and
2 is exempt from ad valorem property taxes and special assessments
3 levied against property by the Commonwealth or any political
4 subdivision.
5 § 9114. Pennsylvania Transportation Development Trust Fund.
6 (a) Establishment of fund.--The Pennsylvania Transportation
7 Development Trust Fund is hereby established separate and
8 distinct from the General Fund of the Commonwealth. Interest
9 earned on moneys held in the fund shall be credited to the fund.
10 The Transportation Commission shall hold, administer and manage
11 the fund, and expenses of administering the fund shall be paid
12 from money in the fund.
13 (b) Separate accounts.--Within the fund, separate accounts
14 and subaccounts may be established.
15 (c) Deposits.--Subject to the provisions of a transportation
16 development agreement, the following moneys may be deposited
17 into the fund:
18 (1) Payments received from an authorized development
19 entity or entities under a transportation development
20 agreement.
21 (2) Revenues received from a qualifying transportation
22 project pursuant to a transportation development agreement
23 with an authorized development entity or entities.
24 (3) Excess earnings over the negotiated maximum rate of
25 return for an authorized development entity or entities in a
26 transportation development agreement.
27 (4) Surcharges or other service fees or user fees which
28 may be imposed or levied by the Commonwealth on passenger or
29 commercial travel.
30 (5) Appropriations, if any, made by the General
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1 Assembly.
2 (6) Interest, premiums, gains or other earnings on the
3 fund.
4 (7) Any other moneys from any sources, public or
5 private, that are done by donation, grant, contract, law or
6 other means transferred, allocated or appropriated to the
7 fund.
8 (d) Permitted uses.--
9 (1) The fund shall be a separate trust fund to be
10 appropriated and used by the Transportation Commission, upon
11 majority vote thereof, solely for the operation and
12 development of transportation facilities wholly or partly
13 within this Commonwealth. Included as a permitted use of fund
14 moneys is the funding of regional mobility authorities
15 designated by the Transportation Commission under section
16 9115 (relating to regional mobility account, etc.).
17 (2) Money may not be transferred, assigned or otherwise
18 removed from the fund except by the Transportation Commission
19 and not by the General Assembly or any other agency,
20 authority or other political subdivision of the Commonwealth.
21 (3) Money in the fund at the end of the fiscal year
22 shall not revert to the General Fund.
23 § 9115. Regional mobility account, etc.
24 (Reserved).
25 § 9116. Regional mobility authority.
26 A regional mobility authority shall be eligible to receive
27 transportation development revenues directly from the fund or
28 from a regional mobility fund. An existing local governmental
29 entity shall be eligible for designation as a regional mobility
30 authority upon application to the Transportation Commission.
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1 § 9117. Turnpike lease restricted.
2 The Pennsylvania Turnpike, its additions and lease properties
3 may not be subject to a transfer of oversight responsibilities
4 through a lease, sale or other agreement unless specific
5 authority is granted through an act of law passed by a majority
6 of members of the General Assembly. This section shall not
7 restrict the ability of the Pennsylvania Turnpike Commission or
8 the Transportation Commission to consider and approve
9 partnership agreements which do not require a transfer of
10 operational oversight from the Pennsylvania Turnpike Commission.
11 Section 2. This act shall take effect in 60 days.
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