PRIOR PRINTER'S NOS. 1281, 2014
PRINTER'S NO. 2697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PYLE, MICOZZIE, MARSHALL, BENNINGHOFF, CALTAGIRONE, CARROLL, COHEN, CUTLER, DENLINGER, DiGIROLAMO, EVERETT, GINGRICH, GODSHALL, GRELL, GROVE, C. HARRIS, HESS, KORTZ, KOTIK, LUCAS, MAHER, MILLARD, MOUL, MUSTIO, REED, SCAVELLO, SCHLOSSBERG, SONNEY, STERN, TOEPEL, VEREB, WATSON, HANNA, HACKETT AND BRIGGS, MARCH 25, 2013
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 20, 2013
6--In Title 74:
7Providing for organization.
11In sustainable mobility options:
12further providing for definitions, for department
13authorization, for the Public Transportation Trust
14Fund, for application and approval process, for
15executive and legislative reports, for coordination,
16for asset improvement program, for Statewide programs
17and for capital improvements program.
18Providing for multimodal transportation funding.
22further providing for commission; and
23providing for annual hearing.
1Providing for traffic signals.
2Establishing the Bridge Bundling Program.
3Providing for public utility facilities.
4Providing for steel painting.
7--In Title 75:
8In registration of vehicles:
12Providing for report to General Assembly.
16In commercial drivers, further providing for fees.
20further providing for limitation on local license
21fees and taxes, for collection and disposition of
22fees and money, for motor homes, for annual
23registration fees, for trucks and truck tractors, for
24motor buses and limousines, for school buses and
25school vehicles, for trailers, for special mobile
26equipment, for implements of husbandry, for farm
27vehicles, for ambulances, taxis and hearses, for
28dealers and miscellaneous motor vehicle business, for
29farm equipment vehicle dealers, for transfer of
30registration, for temporary and electronically issued
31registration plates, for replacement registration
32plates, for legislative registration plates, for
33personal registration plates, for street rod
34registration plates, for duplicate registration cards
35and for commercial implements of husbandry;
36providing for fee for local use; and
37further providing for special hauling permits as
38to weight and size, for annual hauling permits, for
39mobile homes, modular housing units and modular
40housing undercarriages, for books of permits, for
41refund of certain fees, for driver's license and
42learner's permit, for certificate of title, for
43security interest, for information concerning drivers
44and vehicles, for certified copies of records, for
45uncollectible checks, for certificate of inspection,
46for messenger service, for reinstatement of operating
47privilege or vehicle registration and for secure
48power of attorney.
49In motor carriers road tax identification markers:
5In size, weight and load, further providing for
6restrictions on use of highways and bridges, for
7conditions of permits and security for damages and for
8permit for movement during course of manufacturing.
9In powers of department and local authorities:
18In liquid fuels and fuels tax:
32--Providing for permits for movement of raw milk.
33--Providing for amendment of lease agreements.
36--Making an appropriation.
38The General Assembly finds and declares as follows:
42(2) The Commonwealth's transportation system includes
43nearly 40,000 miles of roads and 25,000 bridges owned by the
44Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
45owned by counties and municipal governments, 36 fixed-route
4(3) The Commonwealth's transportation system provides
5for access to employment, educational services, medical care
6and other life-sustaining services for all residents of this
7Commonwealth, including senior citizens and people with
9(4) The Department of Transportation of the Commonwealth
10has indicated that 9,000 miles of roads owned by the
11Commonwealth are in poor condition and that 4,400 bridges
12owned by the Commonwealth are rated structurally deficient.
13The State Transportation Advisory Committee has indicated
14that 2,189 bridges exceeding 20 feet in length owned by
15counties and municipalities are rated structurally deficient.
22(7) The State Transportation Advisory Committee reported
23in 2010 that the Commonwealth's transportation system is
24underfunded by $3,500,000,000 and projected that amount will
25grow to $6,700,000,000 by 2020 without additional financial
26investment by the Commonwealth.
30(9) The utilization of user fees establishes a funding
4(10) Pursuant to section 11 of Article VIII of the
5Constitution of Pennsylvania, all highway and bridge user
6fees must be used solely for construction, reconstruction,
7maintenance and repair of and safety on public highways and
8bridges and costs and expenses incident thereto.
9(11) In order to ensure a safe and reliable system of
10public transportation, aviation, ports, rail and bicycle and
11pedestrian facilities, other transportation-related user fees
12must be deposited in the Public Transportation Trust Fund and
13the Multimodal Transportation Fund.
14(12) In furtherance of the Commonwealth's energy policy,
15which includes becoming independent from overreliance on
16foreign energy sources, programs must be established to
17promote reliance on or conversion to alternative energy
18sources, including the vast natural gas supply of this
20(13) The Department of Transportation is responsible for
21the operation of the Commonwealth's transportation system,
22including administration, driver and vehicle services,
23highway administration, multimodal transportation and
24planning. To this end, the department is charged with the
25registration of vehicles, including the issuance and proper
26mounting of license plates and special registration plates
27and assessing those costs and financial impact and ensuring
28road safety and movement by the posting of maximum speed
29limits on highways.
30(14) Recognition and furtherance of all these elements
7§ 1332. Display of registration plate.
8* * *
9(a.1) Motorcycle registration plate.--
19(3) The department shall produce a registration plate
20for motorcycles which displays the identifying characters on
21the plate in a vertical alignment. The department shall issue
22such a plate upon request and upon payment of a fee of $20,
23which shall be in addition to the annual registration fee.
24* * *
25Section 2. This act shall take effect in 90 days.
2202. Deputy secretaries.
3§ 201. Definitions.
11§ 202. Deputy secretaries.
14(1) Deputy Secretary for Administration.
15(2) Deputy Secretary for Driver and Vehicle Services.
16(3) Deputy Secretary for Highway Administration.
17(4) Deputy Secretary for Multimodal Transportation.
18(5) Deputy Secretary for Planning.
22(1) Fiscal affairs.
23(2) Operations analysis and improvement.
24(3) Information services.
25(4) Office services.
26(5) Human resources.
27(6) Equal opportunity.
3(3) Vehicle and driver safety.
4(4) Services for other modes of transportation.
8(1) Design of highways and bridges.
9(2) Land acquisition for highways and bridges.
12(4) Maintenance and operation of highways and bridges.
13(5) Highway and bridge safety.
14(e) Multimodal transportation.--The Deputy Secretary for
15Multimodal Transportation has the powers and duties of the
16department under law relating to modes of transportation other
17than highways, except recreational boating and ferry licensing,
18including all of the following:
19(1) Local and public transportation.
20(2) Rail freight.
21(3) Ports and waterways.
22(4) Aviation and airports.
26(1) Planning and research.
27(2) Program development and management.
28(3) Services to municipalities.
29Section 2. Section 303 of Title 74 is amended to read:
30§ 303. [Minority and women-owned] Diverse business
2(a) General rule.--In administering contracts for
3construction and professional services relating to
4transportation projects which are funded pursuant to the
5provisions of this title or 75 Pa.C.S. (relating to vehicles),
6the [department and any local transportation organization]
7contracting entities shall:
8(1) Be responsible for ensuring that all competitive
9contract opportunities subject to this section which are
10issued by the [department or local transportation
11organization] contracting entities seek to maximize
12participation by [minority-owned and women-owned businesses
13and other disadvantaged] diverse businesses.
17(i) The bidder or offeror shall document and submit
18to the applicable contracting entity all good faith
19efforts to solicit subcontractors that are diverse
20businesses during the bidding or proposal process.
21(ii) The bidder or offeror shall provide within
22seven days of being declared the low bidder or successful
23offeror the name and business address of each
24subcontractor that is a diverse business that will
25provide the contractor with construction or professional
26services in connection with the performance of the
1consideration[, when possible and cost effective,] to
2contractors offering to utilize [minority-owned and women-
3owned businesses and disadvantaged] diverse businesses in the
4selection and award of contracts.
5(3) Ensure that the [department's and local
6transportation organizations' commitment to the minority-
7owned and women-owned business program] contracting entities'
8commitment to participation by diverse businesses is clearly
9understood and appropriately implemented and enforced by all
10[department and local transportation organization employees]
11the contracting entities.
12(4) Designate a responsible official to supervise the
13[department and local transportation organization minority-
14owned and women-owned] contracting entities' diverse business
15program and ensure compliance within the [department or local
16transportation organization] contracting entities.
20(6) [Recommend sanctions to the Secretary of General
21Services,] Impose sanctions as may be appropriate under 62
22Pa.C.S. § 531 (relating to debarment or suspension), against
23businesses that fail to comply with this section or the
24policies of the Commonwealth [minority-owned and women-owned
25business program] related to diverse businesses. This
26paragraph shall not apply to a local transportation
1to contract provisions prohibiting discrimination).
5(1) Conduct the necessary and appropriate outreach,
6including using the database available on the Internet
7website of the Department of General Services and the Federal
8Government's system of award management database, for
9purposes of identifying diverse businesses in general
10construction or professional services capable of performing
11contracts subject to this section.
12(2) By October 1, 2014, and each October 1 thereafter,
13submit a report to the chairman and minority chairman of the
14Transportation Committee of the Senate and the chairman and
15minority chairman of the Transportation Committee of the
16House of Representatives summarizing the participation level
17of diverse businesses in all competitive contract
18opportunities issued by contracting entities. The commission
19and local transportation organizations shall cooperate with
20the department to complete the report. The report shall
1the act of July 22, 1974 (P.L.598, No.206), known as the
2Pennsylvania Minority Business Development Authority Act. The
3authority shall review the report to assess the effectiveness
4in advancing this section and to make any recommendations for
5changes in this section deemed necessary or desirable to the
6secretary and the chairman and minority chairman of the
7Transportation Committee of the Senate and the chairman and
8minority chairman of the Transportation Committee of the
9House of Representatives.
10(a.2) Replacement of diverse business.--If, at any time
11during the evaluation of a bid or proposal, or the construction
12of a project or the performance of a professional service
13pursuant to a bid, proposal or contract subject to this section,
14it becomes necessary to replace a subcontractor that is a
15diverse business, the bidder, offeror or contractor, as
16appropriate, shall immediately notify the contracting entity of
17the need to replace the diverse business. The notice shall
18include the reasons for the replacement.
27(a.4) Construction.--Nothing in this section shall be
28construed to supersede, nullify or otherwise affect 51 Pa.C.S. §
299603 (relating to participation goals). In the case of an
30inconsistency between this section and 51 Pa.C.S. Ch. 96
10"Contracting entities." The following:
11(1) The Department of Transportation.
12(2) The commission.
13(3) A local transportation organization.
14"Disadvantaged business." A business that is owned or
15controlled by a majority of persons, not limited to members of
16minority groups, who are subject to racial or ethnic prejudice
17or cultural bias.
18"Diverse business." A disadvantaged business, minority-owned
19or women-owned business or service-disabled veteran-owned or
20veteran-owned small business that has been certified by a third-
21party certifying organization.
22"Local transportation organization." Any of the following:
23(1) A political subdivision or a public transportation
24authority, port authority or redevelopment authority
25organized under the laws of this Commonwealth or pursuant to
26an interstate compact or otherwise empowered to render,
27contract for the rendering of or assist in the rendering of
28transportation service in a limited area in this
29Commonwealth, even though it may also render or assist in
30rendering transportation service in adjacent states.
5"Minority-owned business." A business owned and controlled
6by a majority of individuals who are African Americans, Hispanic
7Americans, Native Americans, Asian Americans, Alaskans or
9"Professional services." An industry of infrequent,
10technical or unique functions performed by independent
11contractors or consultants whose occupation is the rendering of
12the services. The term includes:
15(2) Legal services.
16(3) Advertising or public relations services.
17(4) Accounting, auditing or actuarial services.
18(5) Security consultant services.
19(6) Computer and information technology services.
20(7) Insurance underwriting services.
23"Third-party certifying organization." An organization that
24certifies a small business, minority-owned business, women-owned
25business or veteran-owned small business as a diverse business.
26The term includes:
27(1) The National Minority Supplier Development Council.
30(3) The Small Business Administration.
1(4) The Department of Veterans Affairs.
2(5) The Pennsylvania Unified Certification Program.
10§ 1503. Definitions.
14* * *
15"Base operating allocation." The total amount of State
16operating assistance, reimbursement in lieu of fares for senior
17passengers and other assistance which was used for operating
18assistance as determined by the department in [fiscal year 2005-
192006.] the last full fiscal year that the qualifying local
20transportation organization received the assistance, including
21the funds received under section 1517.1(c) (relating to
22Alternative Energy Capital Investment Program).
23"Capital expenditures." All costs of capital projects,
24including, but not limited to, the costs of acquisition,
25construction, installation, start-up of operations, improvements
26and all work and materials incident thereto. Preventive
27maintenance expenses, as defined by the Federal Transit
28Administration, may be deemed eligible as a capital expenditure
29based on written approval by the department at its discretion.
30* * *
1Section 4. Section 1504(a) of Title 74 is amended to read:
2§ 1504. Department authorization.
8(2) In the event of imminent service termination, the
9department shall make every effort to contract with a local
10transportation organization to provide the programs,
11activities and services enumerated in this chapter. After all
12local transportation organization contracting options are
13exhausted, the department may contract with a transportation
14company to provide the programs, activities and services
15enumerated in this chapter. The operation of the programs,
16activities and services administered by the department and
17provided by the local transportation organization or
18transportation company under this subsection shall not be
19subject to the jurisdiction of the Pennsylvania Public
21* * *
22Section 5. (Reserved).
25§ 1506. Fund.
26* * *
27(b) Deposits to fund by department.--
28(1) The following apply:
1fund the revenues received by the department under 75
2Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
3the lease agreement executed between the department and
4the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
58915.3 (relating to lease of Interstate 80; related
6agreements). [as follows:
7(A) For fiscal year 2007-2008, $250,000,000.
8(B) For fiscal year 2008-2009, $250,000,000.
9(C) For fiscal year 2009-2010, $250,000,000.
13(ii) The deposits made to the fund under this
14subsection shall equal [$250,000,000 annually for each
15fiscal year commencing after the expiration of the
16conversion period if the conversion notice is not
17received by the secretary prior to expiration of the
18conversion period as set forth under 75 Pa.C.S. §
198915.3(3).] $450,000,000 annually for each fiscal year
20for fiscal years 2014-2015 through 2021-2022.
24* * *
27(1) 4.4% of the amount collected under Article II of the
28Tax Reform Code. Revenues under this paragraph shall be
29deposited into the fund by the 20th day of each month for the
30preceding month. The amount deposited under this paragraph is
21(3.4) For fiscal year 2022-2023 and each fiscal year
22thereafter, an amount equal to the amount collected under
23Article II of the Tax Reform Code, multiplied by the ratio
24that $450,000,000 is to the total amount collected under
25Article II of the Tax Reform Code in the fiscal year ending
26June 30, 2021, or $450,000,000, whichever is greater, shall
27be transferred to the fund. The source of the transfer shall
28be the revenue collected under section 238 of the Tax Reform
29Code on motor vehicles, trailers and semi-trailers.
30(4) Other appropriations, deposits or transfers to the
2* * *
27(A) For fiscal year 2013-2014, 5.8%.
28(A.1) For fiscal year 2014-2015, 8.8%.
13[(A.1) For fiscal year 2007-2008, $50,000,000
14from the revenues received by the department under 75
15Pa.C.S. Ch. 89 and the lease agreement executed
16between the department and the Pennsylvania Turnpike
17Commission under 75 Pa.C.S. § 8915.3. The amount
18received by the department under this section shall
19be deposited into the fund prior to distribution and
20shall be in addition to the amounts received under
22(B) For fiscal year 2008-2009, $100,000,000 from
23the revenues received by the department under 75
24Pa.C.S. Ch. 89 and the lease agreement executed
25between the department and the Pennsylvania Turnpike
26Commission under 75 Pa.C.S. § 8915.3. The amount
27received by the department under this section shall
28be deposited into the fund prior to distribution and
29shall be in addition to the amounts received under
1(C) For fiscal year 2009-2010, $150,000,000 from
2the revenues received by the department under 75
3Pa.C.S. Ch. 89 and the lease agreement executed
4between the department and the Pennsylvania Turnpike
5Commission under 75 Pa.C.S. § 8915.3. The amount
6received by the department under this section shall
7be deposited into the fund prior to distribution and
8shall be in addition to the amounts received under
10(D) For fiscal year 2010-2011 and each fiscal
11year thereafter, the amount calculated for the prior
12fiscal year increased by 2.5% from the revenues
13received by the department under 75 Pa.C.S. Ch. 89
14and the lease agreement executed between the
15department and the Pennsylvania Turnpike Commission
16under 75 Pa.C.S. § 8915.3. The amount received by the
17department under this section shall be deposited into
18the fund prior to distribution and shall be in
19addition to the amounts received under subsection (b)
21(E) Ninety-five percent of the remaining revenue
22deposited in the fund under subsection (b)(1) and
23(c)(3.4), after the transfer of $30,000,000 to the
24Multimodal Transportation Fund under paragraph (6).
1(I) For fiscal year 2013-2014, 28.1%.
2(II) For fiscal year 2014-2015, 35.1%.
7[(ii) If the conversion notice is not received by
8the secretary prior to the end of the conversion period
9as set forth in 75 Pa.C.S. § 8915.3(3), no additional
10allocation shall be made under subparagraph (i).]
19[(4) For the program established under section 1517
20(relating to capital improvements program), 16.77% of the
21revenues deposited in the fund under subsection (c)(1).
22Additional funds for this program may be provided from the
23funds allocated but not distributed based on the limitation
24set forth under section 1513(c)(3).]
25(5) For the program established under section 1517.1
26(relating to Alternative Energy Capital Investments Program),
27no more than $60,000,000 of the revenue deposited in the fund
28under subsection (c) may be allocated from the fund.
1transferred to the Multimodal Transportation Fund.
5§ 1507. Application and approval process.
6(a) Application.--An eligible applicant that wishes to
7receive financial assistance under this chapter shall submit a
8written application to the department on a form developed by the
9department, which shall include the following:
10* * *
11(6) Evidence satisfactory to the department of the
12commitment for matching funds required under this chapter
13sufficient to match the projected financial assistance
14payments [at the same times that the financial assistance
15payments are to be provided.], provided no later than June 30
16of the applicable fiscal year. If the evidence required under
17this paragraph is not provided to the satisfaction of the
18department, subsequent funding under section 1513 (relating
19to operating program) shall be withheld until the applicant
20meets the requirements of this paragraph.
24* * *
25(c) Restriction on use of funds.--[Financial] Unless the
26department grants the award recipient a waiver allowing the
27funds to be used for a different purpose, financial assistance
28under this chapter shall be used only for activities set forth
29under the financial assistance agreement [unless the department
30grants the award recipient a waiver allowing the funds to be
1used for a different purpose]. The department's regulations
2shall describe circumstances under which it will consider waiver
3requests and shall set forth all information to be included in a
4waiver request. The [maximum duration of a waiver shall be one
5year, and a] waiver request shall include a plan of corrective
6action to demonstrate that the award recipient does not have an
7ongoing need to use financial assistance funds for activities
8other than those for which funds were originally awarded. The
9duration of the waiver may not exceed the duration of the plan
10of corrective action. The department shall monitor
11implementation of the plan of corrective action. If the plan of
12corrective action is not implemented by the local transportation
13organization, the department shall rescind the waiver approval.
16§ 1511. Report to Governor and General Assembly.
17[The following shall apply:
18(1) Except as provided in paragraph (2), the] The
19department shall submit a public passenger transportation
20performance report to the Governor and the General Assembly
21by April 30 of each year, covering the prior fiscal year.
24§ 1512. Coordination and consolidation.
25(a) Coordination.--Coordination is required in regions where
26two or more award recipients have services or activities for
27which financial assistance is being provided under this chapter
28to assure that the services or activities are provided
29efficiently and effectively.
30(b) Consolidation and mutual cooperation.--
1(1) The department, in consultation with local
2governments and local transportation organizations, shall
3study the feasibility of consolidation and mutual cooperation
4among local transportation organizations as a means of
5reducing annual expenses without loss of service to the
6communities they serve. The study shall examine the creation
7of service regions or mutual cooperation pacts to determine
8whether either method would reduce annual expenses. The
9feasibility analysis is to include a cost-benefit analysis
10and operational analysis.
11(2) If the results of a feasibility analysis under
12paragraph (1) estimate an annual net savings at the time of
13completion of the study, the transportation organization and
14local government may implement the recommended action.
15(3) The department shall waive the match requirement
16under sections 1513 (relating to operating program) and 1514
17(relating to asset improvement program) for five fiscal years
18for the transportation organization's participation in the
19recommended action under paragraph (2) in an amount not to
20exceed the estimated annual net savings of the implemented
22(c) Funding for merger and consolidation incentives and
23mutual cooperation pacts.--A capital project that is needed to
24support a local transportation organization that has agreed to
25merge and consolidate operations and administration or share
26facilities or staff through a mutual cooperation pact to achieve
27cost and service efficiencies shall be eligible for financial
28assistance under this chapter. The application for financial
29assistance must do all the following:
30(1) Identify the efficiencies in a merger and
1consolidation plan or mutual cooperation pact.
7§ 1514. Asset improvement program.
8* * *
9(c) Local match requirements.--
10(1) Financial assistance under this section shall be
11matched by local or private cash funding in an amount not
12less than 3.33% of the amount of the financial assistance
13being provided. The source of funds for the local match shall
14be subject to the requirements of section 1513(d)(3)
15(relating to operating program).
20* * *
24(1) The local transportation organization organized and
25existing under Chapter 17 (relating to metropolitan
26transportation authorities) as the primary provider of public
27passenger transportation for the counties of Bucks, Chester,
28Delaware, Montgomery and Philadelphia shall receive 69.4% of
29the funds available for distribution under this section.
30(2) The local transportation organization organized and
1existing under the act of April 6, 1956 (1955 P.L.1414,
2No.465), known as the Second Class County Port Authority Act,
3as the primary provider of public transportation for the
4county of Allegheny shall receive 22.6% of the funds
5available for distribution under this section.
6(3) Other local transportation organizations organized
7and existing as the primary providers of public passenger
8transportation for the counties of this Commonwealth not
9identified under paragraph (1) or (2) shall receive 8% of the
10funds available for distribution under this section. The
11department shall allocate the funds under this paragraph
12among the local transportation organizations.
13(4) Notwithstanding paragraphs (1), (2) and (3) and
14before distributing the funds under paragraph (1), (2) or
15(3), the department shall set aside 5% of the funds available
16for distribution under this section for discretionary use and
17distribution by the secretary.
18* * *
19§ 1516. Programs of Statewide significance.
20* * *
21(b) Persons with disabilities.--The department shall
22establish and administer a program providing reduced fares to
23persons with disabilities on community transportation services
24and to provide financial assistance for start-up, administrative
25and capital expenses related to reduced fares for persons with
26disabilities. All of the following shall apply:
27(1) A community transportation system operating in the
28Commonwealth other than in [counties of the first and second
29class] a county of the first class may apply for financial
30assistance under this subsection.
1* * *
2(e) Technical assistance [and demonstration], demonstration
3and emergency.--The department is authorized to provide
4financial assistance under this section for technical
5assistance, research and short-term demonstration or emergency
6projects. All of the following shall apply:
10(2) Financial assistance provided under this subsection
11may be used for reimbursement for any approved operating or
12capital costs related to technical assistance and
13demonstration program projects. Financial assistance for
14short-term demonstration projects may be provided at the
15department's discretion on an annual basis based on the level
16of financial commitment provided by the award recipient to
17provide ongoing future funding for the project as soon as the
18project meets the criteria established by the department and
19the award recipient. Financial assistance for this purpose
20shall not be provided for more than three fiscal years.
21Financial assistance may be provided to meet any short-term
22emergency need that requires immediate attention and cannot
23be funded through other sources.
24(3) Financial assistance under this subsection provided
25to a local transportation organization shall be matched by
26local or private cash funding in an amount not less than
273.33% of the amount of the financial assistance being
28provided. The sources of funds for the local match shall be
29subject to the requirements of section 1513(d)(3) (relating
30to operating program).
1(4) As follows:
2(i) For short-term demonstration projects awarded
3financial assistance under this subsection, the
4department shall determine if the demonstration project
5was successful based upon the performance criteria
6established prior to the commencement of the
7demonstration project and approved by the department.
8(ii) If the department determines that the
9demonstration project was successful, the local
10transportation organization or agency or instrumentality
11of the Commonwealth that conducted the demonstration
12project shall be eligible to apply for and receive funds
13under section 1513 to sustain and transition the
14demonstration project into regularly scheduled public
15passenger transportation service.
16(iii) During the first year in which the
17demonstration project is eligible for and applies for
18financial assistance under section 1513, the local
19transportation organization or agency or instrumentality
20of the Commonwealth that conducted the demonstration
21project and transitioned it to regularly scheduled public
22passenger transportation service shall be eligible to
23receive financial assistance up to 65% of the
24transportation service's prior fiscal year operating
25costs or expenses for the service as an initial base
3(1) The department may develop and implement a pilot
4program to test and evaluate new models of paying for and
5delivering shared ride and community transportation. The
6goals of the program are as follows:
15(2) The department shall establish an advisory committee
16to provide guidance and input for pilot planning, start-up,
17operations, data collection and post pilot evaluation. The
18committee shall be comprised of the following:
8(x) The secretary or a designee.
9(xi) The Secretary of Aging or a designee.
10(xii) The Secretary of the Budget or a designee.
16(4) The department shall publish the notice of
17availability of the program models and framework in the
18Pennsylvania Bulletin and receive applications from counties
19and shared-ride community transportation systems interested
20in participating in the program for the three-month period
21following the publication of the notice.
22(5) The department may work with the committee to
23redefine the basis for payment using lottery and other State
24funding sources currently used to support community
25transportation programs for selected pilot counties and
26shared-ride community transportation systems to test new
27methods of service delivery and payment. Each project must
28have a business plan with management controls, service
29standards and budget controls. The business plan shall be
30reviewed by the committee prior to being implemented.
3§ 1517. Capital improvements program.
4* * *
9Section 11. Title 74 is amended by adding a section to read:
10§ 1517.1. Alternative Energy Capital Investment Program.
11(a) Establishment.--The department is authorized to
12establish a competitive grant program to implement capital
13improvements deemed necessary to support conversion of a local
14transportation organization's fleet for use of an alternative
15energy source, including compressed natural gas.
20(c) Additional authorization.--Notwithstanding any other
21provisions of this section or other law, the department may use
22funds designated for the program established under subsection
23(a) to supplement a local transportation organization's base
24operating allocation under section 1513 (relating to operating
25program) if necessary to stabilize an operating budget and
26ensure that efficient services may be sustained to support
27economic development and job creation and retention.
28Section 12. Title 74 is amended by adding a chapter to read:
32102. Multimodal Transportation Fund.
42103. Transfers and deposits to the fund.
52104. Use of money in the fund.
62105. Project selection criteria.
72106. Local match.
82107. Balanced Multimodal Transportation Policy Commission.
9§ 2101. Definitions.
15"Eligible program." Any of the following:
26§ 2102. Multimodal Transportation Fund.
1§ 2103. Transfers and deposits to the fund.
5§ 2104. Use of money in the fund.
6(a) Purposes.--Money in the fund shall be used as follows:
9(i) For programs related to aviation:
10(A) $5,000,000 in fiscal year 2013-2014.
13(ii) For programs related to rail freight:
14(A) $8,000,000 in fiscal year 2013-2014.
17(iii) For programs related to passenger rail:
18(A) $6,000,000 in fiscal year 2013-2014.
21(iv) For programs related to ports and waterways:
22(A) $8,000,000 in fiscal year 2013-2014.
1(i) Activities shall be initiated or undertaken in
2consultation with the chairman and minority chairman of
3the Transportation Committee of the Senate and the
4chairman and minority chairman of the Transportation
5Committee of the House of Representatives.
6(ii) Costs may be incurred as follows:
7(A) $0 for fiscal year 2013-2014.
10(C) Not to exceed $40,000,000 annually in fiscal
11year 2015-2016 and each fiscal year thereafter,
12$35,000,000 of which shall be from revenues deposited
13into the fund under 75 Pa.C.S. § 9502(a) (relating to
14imposition of tax).
18(4) Annually, any money not allocated under paragraphs
19(1), (2) and (3) or as provided in subsection (b) shall be
20transferred to the Commonwealth Financing Authority and used
21to fund eligible programs. The authority shall develop
22guidelines for use of the money for eligible programs, which
23shall include the requirements of section 2106 (relating to
25(b) Automatic adjustments.--
7(i) Determine the percentage increase in the
8Consumer Price Index for All Urban Consumers for the
9period beginning February 1, 2015, and ending January 31,
102017, and for each succeeding 24-month period.
14§ 2105. Project selection criteria.
15The department shall award grants under section 2104(a)(1)
16(relating to use of money in the fund) on a competitive basis.
17The department may not reserve, designate or set aside a
18specific level of funding or percentage of funds to an applicant
19prior to the completion of the application process; nor may the
20department designate a set percentage of funds to an applicant.
21§ 2106. Local match.
22Unless otherwise specified by law, financial assistance under
23section 2104(a)(2) and (4) shall be matched by local funding in
24an amount not less than 30% of the non-Federal share of the
25project costs. Matching funds from a county or municipality
26shall only consist of cash contributions provided by one or more
27counties or municipalities.
28§ 2107. Balanced Multimodal Transportation Policy Commission.
5(1) The Secretary of Transportation.
6(2) The Secretary of Community and Economic Development.
7(3) The Secretary of Environmental Protection.
8(4) One appointment from each of the following:
9(i) the President pro tempore of the Senate;
10(ii) the Minority Leader of the Senate;
26(e) Study.--The commission shall study facets on
27implementing balanced multimodal transportation policies for
28metropolitan areas in this Commonwealth, which shall include at
29least the cities of the first class and second class, but may
30include other regions as well.
1(f) Staff.--Upon recommendation of the commission, the
2Secretary of Transportation may hire independent consultants to
3aid the work of the commission. The commission shall be staffed
4by employees of the Department of Transportation. Ordinary
5expenses shall be paid to members of the commission.
6(g) Report.--No later than two years after the effective
7date of this section, the commission shall issue its initial
8report to the Governor and members of the General Assembly and a
9report every four years thereafter.
13FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY
155931. Scope of subchapter.
175933. Customer facility charge.
18§ 5931. Scope of subchapter.
21§ 5932. Definitions.
28"Airport owner." Any of the following:
29(1) A city which owns and operates an airport.
30(2) An authority created by a city to own and operate an
1airport or any portion or activities of the airport.
5"City." A city of the first class.
6"Concession agreement." A regulation, contract, permit,
7license or other agreement entered into between an airport owner
8and a vehicle rental company which includes the terms and
9conditions under which the company may conduct any aspect of its
10rental vehicle business at the airport or through the use of
11airport property, including a vehicle rental company which
12provides a customer access to a vehicle or executes a rental
13contract on or off airport property.
30(1) Location, scope of operations and general design of
7(3) A procedure and requirement for a consultation with
8vehicle rental companies regarding the implementation of this
9subchapter and for the disclosure to vehicle rental companies
10of information relating to the collection and use of the
11customer facility charge.
16"Rental facility improvement." A facility or structure on
17airport property needed for development or use of the rental
18facility. The term includes costs necessary for planning,
19financing, designing, constructing, equipping or furnishing the
20rental facility improvements.
26"Transportation system costs." The portion of total costs
27incurred to design, finance, construct, operate and maintain a
28transportation system which reflects the usage or benefit of the
29system to vehicle rental companies and their customers.
30"Vehicle rental company." A person engaged in the business
1of renting a motor vehicle in this Commonwealth that provides a
2motor vehicle rental to a customer and utilizes airport property
3in any aspect of its business, notwithstanding if other aspects
4of its business are not conducted on airport property, including
5to do any of the following on an airport property:
6(1) Contact customers or pick up or drop off customers.
9§ 5933. Customer facility charge.
11(1) Except as set forth in paragraph (2), a city may
12impose a customer facility charge of not more than $8 per
13rental day on a customer renting a motor vehicle from a
14vehicle rental company doing business at an airport.
23(b) Amendment.--The following shall apply:
24(1) The customer facility charge may be increased beyond
25$8 per rental day by written amendment to an existing rental
26facility agreement signed by the parties to the rental
27facility agreement or the parties' successors or assigns. An
28increase to the customer facility charge under this paragraph
29may only occur one time each year.
30(2) A city may decrease the amount of the customer
1facility charge at any time without the requirement of an
2amendment to an existing rental facility agreement.
3Following a decrease in the amount of the customer facility
4charge by the city, the city may increase the amount of the
5customer facility charge without the requirement of an
6amendment to an existing rental facility agreement if the
7amount of the customer facility charge does not exceed the
8amount that was in effect prior to the decrease. An increase
9beyond that amount shall require a written amendment to the
10existing rental facility agreement signed by the parties to
11the rental facility agreement or the parties' successors or
13(c) Rental facility agreement.--
14(1) A rental facility agreement shall take effect and be
15enforceable if, at the time it is executed, it is signed by
16the airport owner and at least 80% of the vehicle rental
17companies which utilized airport property and which together
18provided at least 90% of the motor vehicle rentals utilizing
19airport property in the most recently completed calendar
21(2) The terms of a rental facility agreement may be
22interpreted and enforced by a court of competent jurisdiction
23through the imposition of a mandatory or prohibitive
24injunction. Monetary damages may not be awarded to a vehicle
25rental company or to a person required to pay the customer
26facility charge for a violation of the terms and conditions
27of the rental facility agreement.
1and except as provided in paragraph (2), until a rental
2facility agreement is executed, the proceeds of the customer
3facility charge may be used only for planning, design,
4feasibility studies and other preliminary expenses necessary
5for the uses authorized in subsection (g).
6(2) If a rental facility agreement is not executed
7within two years following the date a vehicle rental company
8is required to begin collecting the customer facility charge,
9a city may continue to impose and collect the customer
10facility charge authorized under this section after notice to
11the vehicle rental companies. The city may use the proceeds
12of the customer facility charge in the manner authorized by
13subsection (g) except that any expenses imposed on vehicle
14rental companies may not exceed the proceeds of the customer
16(e) Additional cost.--A customer facility charge shall be in
17addition to other motor vehicle rental fees and taxes imposed
18under law, except that the customer facility charge may not
19constitute part of the purchase price of a motor vehicle rental
20imposed under any of the following:
28(f) Collection.--The following shall apply:
29(1) A customer facility charge shall be:
30(i) collected from a customer by a vehicle rental
3(ii) paid to the airport owner:
7(B) if necessary to facilitate a pledge under
8subsection (h), at an earlier date as designated by
9the airport owner, but not sooner than the 15th day
10of the month following the month in which the
11customer facility charge is collected.
25(2) Transportation system costs.
30(1) To support debt to finance any use authorized under
7(1) Require a vehicle rental company to provide periodic
8statements of account, file returns, authorize payments and
9maintain records, in accordance with the vehicle rental
10company's obligations under this subchapter.
14(i) Collect an amount due.
17(iii) Grant a refund.
1obligations secured by customer facility charges, that the
2Commonwealth will not limit or alter the rights vested in the
3airport owner under this subchapter in a manner inconsistent
4with the obligations of an airport owner to the obligees of
5the airport owner until all debt obligations secured by
6customer facility charges and interest on the debt
7obligations are fully paid or provided for.
8(2) With any Federal agency that, if the Federal agency
9contributes funds to support any projects needed for the
10implementation of this subchapter, the Commonwealth will not
11alter or limit the rights and powers of the airport owner in
12a manner which would be inconsistent with the due performance
13of any agreement between the airport owner and a Federal
14agency of which the Commonwealth has knowledge.
17§ 8105. Commission.
18* * *
19(b) Vacancies and terms.--
20* * *
21(2) The appointed member shall serve for a term of four
22years. Upon the expiration of this term, the appointed member
23may continue to hold office for 90 days or until his
24successor shall be duly appointed and qualified, whichever is
25less. A member may not serve more than two terms.
26* * *
27§ 8121. [(Reserved).] Annual hearing.
3Section 15. (Reserved).
4Section 16. (Reserved).
7§ 8204. Code of conduct.
8* * *
10(1) At least once every [four] two years, the Department
11of the Auditor General shall review the performance,
12procedures, operating budget, capital budget and debt of the
13commission and shall audit the accounts of the commission.
14* * *
15§ 9119. Applicability of other laws.
16(a) General rule.--Except as provided under subsection (b),
17all provisions of laws related to the development, construction,
18operation or financing of a transportation project in effect on
19the date the public-private transportation partnership agreement
20is fully executed shall apply to a public-private transportation
21partnership agreement entered into between a proprietary public
22entity and a development entity. The provisions shall include:
23(1) The act of May 1, 1913 (P.L.155, No.104), referred
24to as the Separations Act[.]; however, the development entity
25selected under section 9109 (relating to selection of
26development entities) shall be the person whose duty it is to
27receive separate bids and award and enter into separate
28contracts for each of the subject branches of work required
29for the erection, construction and alteration of a public
30building under a public-private transportation partnership
2* * *
3Section 18. Title 74 is amended by adding chapters to read:
89202. Maintenance agreement.
9§ 9201. Definitions.
13"Critical corridor." Either of the following:
27"Municipality." A city, borough, town or township.
8§ 9202. Maintenance agreement.
9(a) Agreement.--A municipality may enter into an agreement
10with the department to replace, synchronize and time traffic
11signals located within a designated traffic corridor. The terms
12of the agreement may specify that the municipality provide
13services to the department. The agreement shall not exceed the
14time period of the useful life of the traffic signals. The
15municipality shall, during the duration of the agreement,
16properly maintain and time the traffic signals in accordance
17with the agreement.
18(b) Critical corridors.--A municipality shall enter into an
19agreement with the department under terms specified under
20subsection (a) for critical corridors. A municipality shall
21provide to the department in a timely manner all traffic and
22intersection data that the municipality maintains for critical
23corridors and establish and agree to an operations plan with the
24department for critical corridors.
25(c) Prioritization.--The department shall prioritize
26critical corridors and designated traffic corridors where proper
27signalization will provide the most benefit to the traveling
28public and reduce congestion. Priorities shall be reevaluated
29and updated as part of the 12-year transportation improvement
5(e) Maintenance.--If the department determines that one or
6more traffic signals are not being maintained or timed in
7accordance with an agreement under subsection (a) or an existing
8agreement, the department shall provide written notice to all
9municipalities subject to the agreement no less than 60 days
10prior to taking any action to correct the deficient maintenance
11and timing. The written notice shall specify the maintenance and
12timing deficiencies that are to be corrected.
13(1) A municipality subject to an agreement under
14subsection (a) shall have 60 days to correct the deficiencies
15contained in the written notice or to contest, in writing,
16the findings of the department within 30 days following
17receipt of the written notice.
18(2) The requirement that the municipality correct the
19deficiencies within 60 days following receipt of the written
20notice shall be temporarily stayed, if the municipality
21timely contests the department's findings in writing.
22(3) A municipality that contests the deficiencies
23specified in the written notice shall have 30 days to reach a
24written understanding with the department related to the
25deficiencies specified in the written notice.
26(4) If the department and the municipality do not reach
27a written understanding under paragraph (3), the department
28and the municipality shall select a civil engineer licensed
29by the Commonwealth who has substantial experience in traffic
30engineering to mediate the dispute. The engineer chosen must
4(f) Failure of municipality to perform.--If a municipality
5that has entered into an agreement with the department under
6subsection (a) fails to meet the requirements of subsection (e)
7(1) or (2), the department may take action to correct the
8deficiencies specified in the notice under subsection (e).
9(g) Payment for failure to correct deficiencies.--If the
10department takes action under subsection (f), the department may
11deduct the actual costs of correcting the deficiencies in
12maintenance and timing from the payments made to the
13municipality under the act of June 1, 1956 (1955 P.L.1944,
14No.655), referred to as the Liquid Fuels Tax Municipal
15Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
16Turnpike) and 95 (relating to taxes for highway maintenance and
19BRIDGE BUNDLING PROGRAM
229302. Bundling authorization.
239303. Bridge Bundling Program.
249304. Special exceptions.
25§ 9301. Definitions.
1Bridge Capital Budget Act for 1982-1983.
8"Program." The Bridge Bundling Program.
9§ 9302. Bundling authorization.
10Notwithstanding any other law, the department is authorized
11to bundle the design and construction of bridges owned by the
12Commonwealth or an instrumentality of the Commonwealth or a
13local government as provided under this chapter.
14§ 9303. Bridge Bundling Program.
23(1) Are within geographical proximity to each other.
24(2) Are of similar size or design.
1rotating basis, of bridges meeting eligibility requirements.
4(3) Following receipt of notification from the
5department, the governing body of a local government shall
6have 60 days to agree or refuse to participate in the
7program. Failure to respond in writing within 60 days shall
8be considered a refusal to participate in the program.
9(4) Based on the response from local governments under
10paragraph (3), the department shall make a determination of
11bridges to be designed and constructed under the program and
12provide a list of the bridges to the appropriate planning
14(4.1) A determination shall not be:
15(i) considered to be an adjudication under 2 Pa.C.S.
16Chs. 5 Subch. A (relating to practice and procedure of
17Commonwealth agencies) and 7 Subch. A (relating to
18judicial review of Commonwealth agency action); or
19(ii) appealable to the department or a court of law.
20(5) The following shall apply:
21(i) A local government that agrees to participate in
22the program for one or more of its bridges shall enter
23into an agreement with the department. The agreement
24shall define the department's responsibility for the
25design and construction of the bridges and the continuing
26ownership and maintenance responsibilities of the local
27government for the bridges replaced or rehabilitated
28under the program.
1the agreement to the department.
14§ 9304. Special exceptions.
17(1) A local government that participates in the program
18shall be eligible for a reduction of up to 100%, as
19determined by the secretary, of its share of local costs
20associated with the design and construction of the bridge
21determined to be eligible for the program by the secretary.
22(2) A local government that refuses to participate, or
23has been deemed to have refused to participate, in the
24program after receiving notification from the department
25under section 9303(d) (relating to Bridge Bundling Program)
26shall be responsible for 30% of the non-Federal share of the
27costs incurred with respect to the local government's bridges
28replaced or rehabilitated under programs other than the
29program established in this chapter.
1PUBLIC UTILITY FACILITIES
4§ 9501. Adjustment.
5(a) General rule.--The following shall apply:
6(1) If, in the construction, reconstruction, widening or
7relocation of a State highway, bridge or tunnel or a part of
8a State highway, bridge or tunnel, it becomes necessary, in
9the opinion of the department, to change, alter, adjust or
10relocate a water line or sanitary sewer owned and operated by
11a public utility, as defined in 66 Pa.C.S. § 102 (relating to
12definitions), the department may make the change, alteration,
13adjustment or relocation as may be required as a part of the
14construction, reconstruction, widening or relocation.
15(2) In addition to paragraph (1), the department may
16also enter into agreements with the public utility for the
17sharing of costs of the change, alteration, adjustment or
18relocation. If, in the opinion of the department, the costs
19should be shared by the department and a public utility and
20the department is unable to agree with the public utility to
21a division of costs, the department may proceed with the work
22and petition the Pennsylvania Public Utility Commission for a
23determination of the costs to be borne by each party.
24(b) Declaration of policy.--A public utility under
25subsection (a) shall be entitled to a reimbursement in a similar
26manner as a city, borough, incorporated town, township and
27municipal authority under section 412.1 of the act of June 1,
281945 (P.L.1242, No.428), known as the State Highway Law.
39602. Prequalification of bidders.
4§ 9601. Definitions.
10"QP1 certification." A painting contractor approval that
11evaluates a contractor who performs surface preparation and
12industrial coating application on steel structures in the field
13to confirm the contractor's ability to provide quality work in
14accordance with applicable safety, health and environmental
16"QP2 certification." A painting contractor approval that
17evaluates a contractor's ability to perform industrial hazardous
18paint removal in a field operation to confirm the contractor's
19ability to provide quality work in accordance with applicable
20safety, health and environmental standards.
23§ 9602. Prequalification of bidders.
24(a) Establishment.--Notwithstanding any other provision of
25law, the department shall establish procedures to authorize
26third parties to prequalify competent and responsible bidders
27for high performance and conventional steel painting for highway
28and bridge projects.
1QP2 certification, as appropriate, as developed by the Society
2for Protective Coatings, formerly known as the Steel Structures
3Painting Council, or other certification that is substantially
4equivalent to a QP1 or QP2 certification, as determined by the
10(d) Suspension or debarment.--Nothing under this section
11shall prevent the department from suspending or debarring a
12contractor, under the terms and conditions set forth in 67 Pa.
13Code §§ 457.13 (relating to suspension or debarment) and 457.14
14(relating to debarment appeals procedure), that has been
15prequalified by a third party under this section.
18§ 1307. Period of registration.
19* * *
20(f) Optional permanent trailer registration.--[The] Except
21as set forth in section 1920(c) (relating to trailers), the
22registration of trailers permanently registered as provided in
23section 1920(c) [(relating to trailers)] shall expire upon
24salvaging of the vehicle or transfer of ownership.
25(g) Election.--Upon application on a form prescribed by the
26department, the owner or lessee of a motor vehicle, except a
27motor vehicle registered under the International Registration
28Plan and a motor vehicle with a seasonal registration or a
29circus or carnival plate, may elect to pay an annual
30registration fee for a two-year period. The fee shall be two
5§ 1332. Display of registration plate.
6* * *
7(a.1) Motorcycle registration plate.--
17(3) The department shall produce a registration plate
18for motorcycles which displays the identifying characters on
19the plate in a vertical alignment. The department shall issue
20such a plate upon request and upon payment of a fee of $20,
21which shall be in addition to the annual registration fee.
22(4) No later than January 1, 2016, the department shall
23report to the chairman and minority chairman of the
24Transportation Committee of the Senate and the chairman and
25minority chairman of the Transportation Committee of the
26House of Representatives on the number of motorcycle
27registration plates issued in a vertical alignment, the cost
28of issuance and any required revision to the fee so as to
29maintain necessary financial support for the highway system
30in this Commonwealth.
1* * *
5Section 20. Section 1353 of Title 75 is amended to read:
6§ 1353. Preserve our heritage registration plate.
7The department, in consultation with the Pennsylvania
8Historical and Museum Commission, shall design a special
9preserve our heritage registration plate. Upon receipt of an
10application, accompanied by a fee of [$35] $54 which shall be in
11addition to the annual registration fee, the department shall
12issue the plate for a passenger car, motor home, trailer or
13truck with a registered gross weight of not more than 10,000
14pounds. The Historical Preservation Fund shall receive [$15] $23
15of each additional fee for this plate.
16Section 21. Section 1354 of Title 75 is repealed:
17[§ 1354. Flagship Niagara commemorative registration plate.
18(a) Plate.--The department, in consultation with the
19Pennsylvania Historical and Museum Commission, shall design a
20Flagship Niagara commemorative registration plate. Upon
21application of any person, accompanied by a fee of $35 which
22shall be in addition to the annual registration fee, the
23department shall issue the plate for a passenger car, motor
24home, trailer or truck with a registered gross weight of not
25more than 10,000 pounds.
26(b) Use of fee.--Of each fee paid under subsection (a), $15
27shall be deposited into the Flagship Niagara Account, which is
28established as a special account in the Historical Preservation
29Fund of the Pennsylvania Historical and Museum Commission. The
30commission shall administer the account as follows:
6Section 22. Section 1355 of Title 75 is amended to read:
7§ 1355. Zoological plate.
8The department, in consultation with the Pennsylvania
9Zoological Council, shall design a special zoological
10registration plate. Upon application of any person, accompanied
11by a fee of [$35] $54 which shall be in addition to the annual
12registration fee, the department shall issue the plate for a
13passenger car, motor home, trailer or truck with a registered
14gross weight of not more than 10,000 pounds. The Zoological
15Enhancement Fund shall receive [$15] $23 of the fee paid by the
16applicant for the plate.
19§ 1370. Report to General Assembly.
20No later than January 1, 2015, and on January 1 of every
21fifth year thereafter, the department shall report to the
22chairman and minority chairman of the Transportation Committee
23of the Senate and the chairman and minority chairman of the
24Transportation Committee of the House of Representatives on the
25utilization of special registration plates provided for in this
26chapter. For each special registration plate, the report shall
27include the number of plates then in use, the number of new
28plates issued annually since the preceding report and make
29recommendations regarding the need for the continued issuance of
30such plates, including an analysis of usage, cost of issuance
5§ 1550. Judicial review.
6* * *
8* * *
9(2) In any proceeding under this section, documents
10received by the department from any other court or from an
11insurance company shall be admissible into evidence to
12support the department's case. In addition, if the department
13receives information from a court by means of electronic
14transmission or from an insurance company which is complying
15with its obligation under Subchapter H of Chapter 17
16(relating to proof of financial responsibility) by means of
17electronic transmission, it may certify that it has received
18the information by means of electronic transmission, and that
19certification shall be prima facie proof of the adjudication
20and facts contained in such an electronic transmission.
21Section 24. Sections 1553(c), 1554(c), 1617, 1786(d), 1903,
221904, 1911, 1913, 1916(a), 1917, 1918, 1920(a) and (c), 1921,
231922, 1924, 1925, 1926(a) (b) and (c), 1926.1, 1927, 1928, 1929,
241930, 1931, 1931.1, 1932 and 1933 of Title 75 are amended to
26§ 1553. Occupational limited license.
27* * *
1* * *
2§ 1554. Probationary license.
3* * *
4(c) Fee.--The fee for applying for a probationary license
5shall be [$25] $35. The fee shall be nonrefundable. The annual
6fee for issuance of a probationary license shall be [$50] $75,
7plus the cost of the photograph required in section 1510(a)
8(relating to issuance and content of driver's license), which
9shall be in addition to all other licensing fees.
10* * *
11§ 1617. Fees.
12Fees relating to commercial drivers' licenses to be collected
13by the department under this chapter shall be in addition to any
14other fees imposed under the provisions of this title and are as
18(2) In addition to any other restoration fee required by
19this title, an additional restoration fee of [$50] $100 shall
20be assessed and collected before reinstating a commercial
21driver's operating privilege following a suspension or
22revocation under this title or disqualification under this
24(3) If the commercial driving privilege of a driver is
25disqualified, a Class C noncommercial or M license, if the
26driver possesses the motorcycle qualification, may be
27obtained upon payment of the fees associated with obtaining a
5§ 1786. Required financial responsibility.
6* * *
7(d) Suspension of registration and operating privilege.--
8(1) The Department of Transportation shall suspend the
9registration of a vehicle for a period of three months if it
10determines the required financial responsibility was not
11secured as required by this chapter and shall suspend the
12operating privilege of the owner or registrant for a period
13of three months if the department determines that the owner
14or registrant has operated or permitted the operation of the
15vehicle without the required financial responsibility. The
16operating privilege shall not be restored until the
17restoration fee for operating privilege provided by section
181960 (relating to reinstatement of operating privilege or
19vehicle registration) is paid.
20(1.1) In lieu of serving a registration suspension
21imposed under this section, an owner or registrant may pay to
22the department a civil penalty of $500, the restoration fee
23prescribed under section 1960 and furnish proof of financial
24responsibility in a manner determined by the department. An
25owner or registrant may exercise this option no more than
26once in a 12-month period.
27(2) Whenever the department revokes or suspends the
28registration of any vehicle under this chapter, the
29department shall not restore or transfer the registration
30until the suspension has been served or the civil penalty has
1been paid to the department and the vehicle owner furnishes
2proof of financial responsibility in a manner determined by
3the department and submits an application for registration to
4the department, accompanied by the fee for restoration of
5registration provided by section 1960. This subsection shall
6not apply in the following circumstances:
7(i) The owner or registrant proves to the
8satisfaction of the department that the lapse in
9financial responsibility coverage was for a period of
10less than 31 days and that the owner or registrant did
11not operate or permit the operation of the vehicle during
12the period of lapse in financial responsibility.
13(ii) The owner or registrant is a member of the
14armed services of the United States, the owner or
15registrant has previously had the financial
16responsibility required by this chapter, financial
17responsibility had lapsed while the owner or registrant
18was on temporary, emergency duty and the vehicle was not
19operated during the period of lapse in financial
20responsibility. The exemption granted by this paragraph
21shall continue for 30 days after the owner or registrant
22returns from duty as long as the vehicle is not operated
23until the required financial responsibility has been
25(iii) The insurance coverage has terminated or
26financial responsibility has lapsed simultaneously with
27or subsequent to expiration of a seasonal registration,
28as provided in section 1307(a.1) (relating to period of
30(3) An owner whose vehicle registration has been
1suspended under this subsection shall have the same right of
2appeal under section 1377 (relating to judicial review) as
3provided for in cases of the suspension of vehicle
4registration for other purposes. The filing of the appeal
5shall act as a supersedeas, and the suspension shall not be
6imposed until determination of the matter as provided in
7section 1377. The court's scope of review in an appeal from a
8vehicle registration suspension shall be limited to
12(ii) there has been either notice to the department
13of a lapse, termination or cancellation in the financial
14responsibility coverage as required by law for that
15vehicle or that the owner, registrant or driver was
16requested to provide proof of financial responsibility to
17the department, a police officer or another driver and
18failed to do so. Notice to the department of the lapse,
19termination or cancellation or the failure to provide the
20requested proof of financial responsibility shall create
21a presumption that the vehicle lacked the requisite
22financial responsibility. This presumption may be
23overcome by producing clear and convincing evidence that
24the vehicle was insured at all relevant times.
25(4) Where an owner or registrant's operating privilege
26has been suspended under this subsection, the owner or
27registrant shall have the same right of appeal under section
281550 (relating to judicial review) as provided for in cases
29of suspension for other reason. The court's scope of review
30in an appeal from an operating privilege suspension shall be
1limited to determining whether:
4(ii) the owner or registrant operated or permitted
5the operation of the same vehicle when it was not covered
6by financial responsibility. The fact that an owner,
7registrant or operator of the motor vehicle failed to
8provide competent evidence of insurance or the fact that
9the department received notice of a lapse, termination or
10cancellation of insurance for the vehicle shall create a
11presumption that the vehicle lacked the requisite
12financial responsibility. This presumption may be
13overcome by producing clear and convincing evidence that
14the vehicle was insured at the time that it was driven.
15(5) An alleged lapse, cancellation or termination of a
16policy of insurance by an insurer may only be challenged by
17requesting review by the Insurance Commissioner pursuant to
18Article XX of the act of May 17, 1921 (P.L.682, No.284),
19known as The Insurance Company Law of 1921. Proof that a
20timely request has been made to the Insurance Commissioner
21for such a review shall act as a supersedeas, staying the
22suspension of registration or operating privilege under this
23section pending a determination pursuant to section 2009(a)
24of The Insurance Company Law of 1921 or, in the event that
25further review at a hearing is requested by either party, a
26final order pursuant to section 2009(i) of The Insurance
27Company Law of 1921.
30* * *
1§ 1903. Limitation on local license fees and taxes.
2[No] Except as set forth in section 1935 (relating to fee for
3local use), no municipality shall require or collect any
4registration or license fee or tax for any vehicle or driver's
5license from any person.
6§ 1904. Collection and disposition of fees and moneys.
7[The] (a) General rule.--Except as provided under this
8section, the department shall collect all fees payable under
9this title and all other moneys received in connection with the
10administration of this title and transmit them to the State
11Treasurer for deposit in the Motor License Fund. Moneys paid in
12error may be refunded by the department.
13(b) Disposition.--Fees collected under sections 1951(c)
14(relating to driver's license and learner's permit), 1952
15(relating to certificate of title), 1953 (relating to security
16interest), 1955 (relating to information concerning drivers and
17vehicles), 1956 (relating to certified copies of records) and
181958 (relating to certificate of inspection) shall be
19transmitted to the State Treasurer for deposit in the following
21(1) For fiscal year 2013-2014:
22(i) 33.9% to the Public Transportation Trust Fund;
25(iii) 35.4% to the Motor License Fund.
26(1.1) For fiscal year 2014-2015:
27(i) 43.9% to the Public Transportation Trust Fund;
28(ii) 23% to the Multimodal Transportation Fund; and
29(iii) 33.1% to the Motor License Fund.
30(2) For fiscal years 2015-2016 and 2016-2017:
1(i) 66.6% to the Public Transportation Trust Fund;
2(ii) 23% to the Multimodal Transportation Fund; and
3(iii) 10.4% to the Motor License Fund.
4(3) For fiscal years beginning after June 30, 2017:
5(i) 77% to the Public Transportation Trust Fund; and
6(ii) 23% to the Multimodal Transportation Fund.
7(c) Automatic adjustments.--
19(i) Determine the percentage increase in the
20Consumer Price Index for All Urban Consumers for the
21period beginning February 1, 2015, and ending January 31,
222017, and for each succeeding 24-month period.
26(3) For fees charged under sections 1916 (relating to
27trucks and truck tractors), 1917 (relating to motor buses and
28limousines) and 1918 (relating to school buses and school
29vehicles), the department shall do all of the following:
30(i) Determine the percentage increase in the
14§ 1911. [Annual registration] Registration fees.
15(a) General rule.--[An annual] A fee for the registration of
16vehicles as provided in Chapter 13 (relating to the registration
17of vehicles) shall be charged by the department as provided in
19(b) Department to establish certain fees.--If a vehicle to
20be registered is of a type not specifically provided for by this
21title and is otherwise eligible for registration, the department
22shall determine the most appropriate fee or fee schedule for the
23vehicle or type of vehicle based on such factors as design and
25§ 1913. Motor homes.
Weight in Pounds
8,000 or less
[$45] $ 65
8,001 - 11,000
11,001 or more
4§ 1916. Trucks and truck tractors.
5(a) General rule.--
Gross or Combination
Weight in Pounds
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
10(2) A portion of the registration fee for any truck or
11truck tractor in Classes 9 through 25 shall be deposited in
12the Highway Bridge Improvement Restricted Account within the
13Motor License Fund according to the following table:
Amount Deposited in
Highway Bridge Improvement
21* * *
22§ 1917. Motor buses and limousines.
2726 or less
$ 9 per seat
2827 - 51
234 plus $11.25 per seat
in excess of 26
3052 or more
2(1) If the seating capacity is less than 27:
3(i) For fiscal year 2013-2014, $9 per seat.
4(ii) For fiscal year 2014-2015, $10 per seat.
5(iii) For fiscal year 2015-2016, $11 per seat.
6(iv) For fiscal year 2016-2017, $12 per seat.
21(3) If the seating capacity is more than 51:
22(i) For fiscal year 2013-2014, $540.
23(ii) For fiscal year 2014-2015, $600.
24(iii) For fiscal year 2015-2016, $660.
25(iv) For fiscal year 2016-2017, $720.
28§ 1918. School buses and school vehicles.
1(1) For fiscal year 2013-2014, $24.
2(2) For fiscal year 2014-2015, $27.
3(3) For fiscal year 2015-2016, $30.
4(4) For fiscal year 2016-2017, $33.
5(5) For fiscal years beginning after June 30, 2017, $35.
6§ 1920. Trailers.
11Weight in Pounds
123,000 or less
133,001 - 10,000
1410,001 or more
15* * *
16(c) Optional permanent registration.--
25§ 1921. Special mobile equipment.
28§ 1922. Implements of husbandry.
2§ 1924. Farm vehicles.
6(b) Certificate of exemption.--The biennial processing fee
7for a certificate of exemption issued in lieu of registration of
8a farm vehicle shall be determined by the type of certificate
9issued and the gross weight or combination weight or weight
10rating according to the following table:
Weight in pounds
10,000 or less
greater than 10,000 and
not exceeding 17,000
greater than 17,000
greater than 17,000
17§ 1925. Ambulances, taxis and hearses.
20§ 1926. Dealers and miscellaneous motor vehicle business.
30* * *
1§ 1926.1. Farm equipment vehicle dealers.
5§ 1927. Transfer of registration.
6The fee for transfer of registration shall be [$6] $9.
9The fee payable by a dealer or other dispensing agent for a
10temporary registration plate or for a registration plate to be
11issued for new registration processed electronically with the
12department shall be [$5] $14. The charge of the agent for
13providing an applicant with a plate under this section shall not
14exceed a total of [$10] $14.
15§ 1929. Replacement registration plates.
18§ 1930. Legislative registration plates.
19The fee for issuance of a legislative registration plate
20shall be [$20] $76 which shall be in addition to the annual
21registration fee. Only one payment of the issuance fee shall be
22charged for each legislative registration plate issued or
24§ 1931. Personal registration plates.
25The fee for issuance of a personal registration plate shall
26be [$20] $76 which shall be in addition to the annual
27registration fee. Only one payment of the issuance fee shall be
28charged for each personal registration issued or replaced.
29§ 1931.1. Street rod registration plates.
30The fee for the issuance of a street rod registration plate
5§ 1932. Duplicate registration cards.
6The fee for each duplicate registration card when ordered at
7the time of vehicle registration, the transfer or renewal of
8registration or the replacement of a registration plate shall be
9[$1.50] $2. The fee for each duplicate registration card issued
10at any other time shall be [$4.50] $6.
11§ 1933. Commercial implements of husbandry.
15Section 25. Title 75 is amended by adding a section to read:
16§ 1935. Fee for local use.
17(a) Establishment of fund.--A special fund is established
18within the State Treasury to be known as the Fee for Local Use
19Fund. Money in the fund is appropriated to the department for
20the purposes set forth in this section.
21(b) Levy.--Beginning after December 31, 2014, a county may,
22in its discretion, by ordinance, impose a fee of $5 for each
23nonexempt vehicle registered to an address located in the
24county. A county shall notify the department of the passage of
25the ordinance 90 days prior to the effective date of the
30(d) Distribution.--Money paid into the Fee for Local Use
1Fund shall be distributed by the department to each
2participating county in accordance with the amounts collected
3from the county. Funds payable to a county under this section
4shall be added to funds payable to the county under section
59010(b) (relating to disposition and use of tax) and shall be
6used by the county for transportation purposes or be allocated
7by the county in accordance with section 9010(c).
11§ 1942. Special hauling permits as to weight and size.
23* * *
24§ 1943. Annual hauling permits.
25(a) Quarry equipment and machinery.--The annual fee for
26operation or movement of each piece of heavy quarry equipment or
27machinery, as provided for in section 4966 (relating to permit
28for movement of quarry equipment), shall be [$500] $706.
3(1) Oversized movements:
8(2) Overweight movements:
18(d) Multiple highway crossings.--The annual fee for a single
19permit for multiple highway crossings, as provided for in
20section 4965 (relating to single permits for multiple highway
21crossings), shall be [$300] $415.
22(e.1) Special mobile equipment.--The annual fee for hauling
23or towing each piece of special mobile equipment, as provided
24for in section 4975 (relating to permit for movement of special
25mobile equipment), shall be [$200] $300.
26(f) Containerized cargo.--The annual company fee for
27movement of any combination with overweight containerized cargo
28as provided for in section 4974 (relating to permit for movement
29of containerized cargo) shall be:
30(1) [$100] $155 for a motor carrier requesting permits
1for up to 15 truck tractors.
10(g) Domestic animal feed.--The annual fee for movement of
11each vehicle hauling domestic animal feed, in bulk, as provided
12for in section 4976 (relating to permit for movement of domestic
13animal feed) shall be [$400] $587.
17(h) Movement of wooden structures.--The annual fee for
18movement of wooden structures as provided for in section 4977
19(relating to permit for movement of wooden structures) shall be
21(i) Live domestic animals.--The annual permit fee for each
22truck tractor authorized to transport live domestic animals, as
23provided in section 4976.1 (relating to permit for movement of
24live domestic animals), shall be [$400] $520.
25(j) Building structural components.--The permit fee for each
26truck tractor authorized to transport building structural
27components, as provided in section 4978 (relating to permit for
28movement of building structural components), shall be [$100]
29$141 for each month the permit is valid.
30(k) Utility construction equipment.--The permit fee for
5(l) Particleboard or fiberboard.--The annual fee for
6movement of particleboard or fiberboard, as provided for in
7section 4979 (relating to permit for movement of particleboard
8or fiberboard used for the manufacture of ready-to-assemble
9furniture), shall be [$800] $1,130.
13(1) [$800] $1,130 for a distance up to 50 miles.
16(n) Waste coal and beneficial combustion ash.--The annual
17fee for the movement of waste coal and beneficial combustion
18ash, as provided for in section 4979.2 (relating to permit for
19movement of waste coal and beneficial combustion ash), shall be
21(o) Float glass or flat glass.--The annual fee for the
22movement of float glass or flat glass, as provided for in
23section 4979.3 (relating to permit for movement of float glass
24or flat glass for use in construction and other end uses), shall
25be [$800] $1,209.
26(p) Self-propelled cranes.--The annual permit fee for each
27self-propelled crane, as provided for in section 4979.4
28(relating to permit for movement of self-propelled cranes),
29shall be as follows:
30(1) Cranes not exceeding 100,000 pounds gross weight,
1prorated up to a maximum of [$400] $553.
7(q.1) Nonhazardous liquid glue.--The annual fee for the
8movement of nonhazardous liquid glue, as provided for in section
94979.5 (relating to permit for movement of nonhazardous liquid
10glue), shall be [$800] $1,000.
14(r) Excess damage permit.--The annual fee for excess damage
15permits, as provided for in section 4961(d) (relating to
16authority to issue permits), shall be [$500] $640 to cover the
17costs of administering the permit and inspections of the
21The fee for a special hauling permit for a mobile home,
22modular housing unit or modular housing undercarriage which
23exceeds the maximum size prescribed in this title but which does
24not exceed 14 feet in body width shall be [$25] $39. The fee for
25a special hauling permit for a mobile home or modular housing
26unit, as provided in section 4973 (relating to permits for
27movement of a mobile home or a modular housing unit and modular
28housing undercarriage), shall be [$50] $76.
29§ 1945. Books of permits.
30* * *
4§ 1947. Refund of certain fees.
8§ 1951. Driver's license and learner's permit.
9* * *
15§ 1952. Certificate of title.
18(b) Manufacturer's or dealer's notification.--The fee for a
19manufacturer's or dealer's notification of acquisition of a
20vehicle from another manufacturer or dealer for resale pursuant
21to section 1113 (relating to transfer to or from manufacturer or
22dealer) shall be [$3] $5.
23§ 1953. Security interest.
26§ 1955. Information concerning drivers and vehicles.
27(a) Drivers, registrations, titles and security interests.--
1(2) If a Commonwealth agency has entered into a contract
2with a third party to deliver driver information to a person
3that has complied with section 6114(b)(5) (relating to
4limitation on sale, publication and disclosure of records),
5the department may impose an additional fee of up to $2 for
6the requested record.
7(3) Upon approval from the department, a person that has
8received the driver information from the third party under
9paragraph (2) that has complied with section 6114(b)(5) may
10provide the information, for a fee, to a third party for the
11same purposes contained in section 6114(b)(5) without the
12payment of any additional fees under this subsection to the
14(4) Except as provided in paragraph (3), a person that
15sells, publishes or discloses or offers to sell, publish or
16disclose the information received by the person under this
17subsection commits a summary offense and shall, upon
18conviction, be sentenced to pay a fine of not less than $500
19nor more than $1,000.
20(5) The department shall comply with the provisions of
21section 6114(d) with respect to the information of a driver
22under 18 years of age whose information is provided to any
23person under this subsection.
24* * *
25§ 1956. Certified copies of records.
26(a) Department records.--The fee for a certified copy of any
27department record which the department is authorized by law to
28furnish to the public shall be [$5] $22 for each form or
29supporting document comprising such record.
30(b) State Police reports.--The fee for a certified
1Pennsylvania State Police record of investigation of a vehicle
2accident which the Pennsylvania State Police are authorized by
3this title to furnish to the public shall be [$5] $22 for each
4copy of the Pennsylvania State Police full report of
6§ 1957. Uncollectible checks.
7Whenever any check issued in payment of any fee or for any
8other purpose is returned to the department or a municipality as
9uncollectible, the department or municipality shall charge a fee
10of [$10] $38 for each driver's license, registration,
11replacement of tags, transfer of registration, certificate of
12title, whether original or duplicate, special hauling permit and
13each other unit of issue by the department or municipality, plus
14all protest fees, to the person presenting the check, to cover
15the cost of collection.
16§ 1958. Certificate of inspection.
17(a) General rule.--The department shall charge [$2] $5 for
18each annual certificate of inspection [and $1], $3 for each
19semiannual certificate of inspection and $2 for each certificate
21§ 1959. Messenger service.
5The department shall charge a fee of [$25] $70 or, if section
61379 (relating to suspension of registration upon sixth unpaid
7parking violation in cities of the first class) or 1786(d)
8(relating to required financial responsibility) applies, a fee
9of [$50] $88 to restore a person's operating privilege or the
10registration of a vehicle following a suspension or revocation.
11§ 1961. Secure power of attorney.
15Section 27. (Reserved).
20* * *
23* * *
24(d) Operation without identification markers unlawful.--
25Except as provided in paragraphs (2) and (3), it shall be
26unlawful to operate or to cause to be operated in this
27Commonwealth any qualified motor vehicle unless the vehicle
28bears the identification markers required by this section or
29valid and unrevoked IFTA identification markers issued by
30another IFTA jurisdiction.
1* * *
2(2) For a period not exceeding 30 days as to any one
3motor carrier, the Secretary of Revenue by letter or telegram
4may authorize the operation of a qualified motor vehicle or
5vehicles without the identification markers required when
6both the following are applicable:
14(A) The fee for such temporary permits shall be
15[$5] $7 for each qualified motor vehicle which shall
16be deposited in the Highway Bridge Improvement
17Restricted Account within the Motor License Fund.
25(3) A motor carrier may, in lieu of paying the tax
26imposed and filing the tax report required by Chapter 96 and
27in lieu of complying with any other provisions of this
28section that would otherwise be applicable as a result of the
29operation of a particular qualified motor vehicle, obtain
30from the Department of Revenue a trip permit authorizing the
1carrier to operate the qualified motor vehicle for a period
2of five consecutive days. The Department of Revenue shall
3specify the beginning and ending days on the face of the
4permit. The fee for a trip permit for each qualified motor
5vehicle is [$50] $73 which shall be deposited in the Highway
6Bridge Improvement Restricted Account within the Motor
7License Fund. The report otherwise required under Chapter 96
8is not required with respect to a vehicle for which a trip
9permit has been issued under this subsection.
10* * *
11Section 29. (Reserved).
12Section 30. (Reserved).
15§ 3111. Obedience to traffic-control devices.
16* * *
18(1) A person who violates this section commits a summary
19offense and shall, upon conviction, pay a fine of $150. No
20other costs or surcharges, including those described in 42
21Pa.C.S. § 1725.1 (relating to costs) and section 6506
22(relating to surcharge), shall be assessed or imposed upon a
23conviction under this paragraph.
30(ii) After deposit of the amount under subparagraph
3* * *
6§ 3362. Maximum speed limits.
7(a) General rule.--Except when a special hazard exists that
8requires lower speed for compliance with section 3361 (relating
9to driving vehicle at safe speed), the limits specified in this
10section or established under this subchapter shall be maximum
11lawful speeds and no person shall drive a vehicle at a speed in
12excess of the following maximum limits:
13(1) 35 miles per hour in any urban district.
19(i) is not a numbered traffic route; and
22(2) 55 miles per hour in other locations.
25* * *
30(i) $42.50 for violating a maximum speed limit of 65
1miles per hour or higher; or
4(2) Any person exceeding the maximum speed limit by more
5than five miles per hour shall pay an additional fine of $2
6per mile for each mile in excess of five miles per hour over
7the maximum speed limit.
8§ 3363. Alteration of maximum limits.
9On highways under their respective jurisdictions, local
10authorities subject to section 6109(e) (relating to specific
11powers of department and local authorities) or the department,
12upon the basis of an engineering and traffic investigation, may
13determine that the maximum speed permitted under this subchapter
14is greater or less than is reasonable and safe under the
15conditions found to exist upon any such highway or part thereof
16and establish a reasonable and safe maximum limit. The maximum
17speed limit may be made effective at all times or at times
18indicated and may vary for different weather conditions and
19other factors bearing on safe speeds. No maximum speed greater
20than 55 miles per hour shall be established under this section
21except on highways listed in section 3362(a)(1.1) (relating to
22maximum speed limits), where the maximum speed for all vehicles
23shall not be greater than  70 miles per hour.
26§ 4902. Restrictions on use of highways and bridges.
27(a) Restrictions based on condition of highway or bridge.--
1restrictions as to the weight or size of vehicles operated
2upon a highway or bridge only when they determine by
3conducting an engineering and traffic study as provided for
4in department regulations that the highway or bridge may be
5damaged or destroyed unless use by vehicles is prohibited or
6the permissible size or weight of vehicles is reduced.
10(3) The department may issue a statement of policy,
11which shall take effect upon publication in the Pennsylvania
12Bulletin, adopting an appropriate methodology to provide
13letters of local determination that identify particular
14vehicles, routes or uses as local in nature.
15(4) The methodology under paragraph (3) may allow for
16exemptions from 67 Pa. Code Ch. 189 (relating to hauling in
17excess of posted weight limit) related to at-risk industry
18sectors experiencing a 20% decline in Statewide employment
19between March 2002 and March 2011, as determined by the
20Department of Labor and Industry.
21(5) The exemptions and related requirements under
22paragraph (4) may remain in existence only until December 31,
232018. Exemptions for local delivery or pickup may not include
24traffic going to or coming from a site at which minerals,
25natural gas or natural resources are developed, harvested or
26extracted, notwithstanding whether the site is located at a
27residence, a commercial site or on farmland. Delivery or
28pickup of logs or other forest products to or from permanent
29processing mills located on or reachable only through posted
30highways shall be considered local delivery or pickup.
1Delivery or pickup of coal to or from permanent coal
2reprocessing or preparation plants located on or reachable
3only through posted highways and not on the same posted
4highway as a site at which coal is extracted shall be
5considered local delivery or pickup.
6* * *
7(c) Permits and security.--
8(1) The Commonwealth and local authorities may issue
9permits for movement of vehicles of size and weight in excess
10of restrictions promulgated under subsections (a) and (b)
11with respect to highways and bridges under their jurisdiction
12and may require such [undertaking] agreement or security as
13they deem necessary to cover the cost of repairs and
14restoration necessitated by the permitted movement of
15vehicles. In reference to subsection (a), the Commonwealth
16and local authorities shall not refuse to issue a permit with
17respect to a highway under their jurisdiction if there is no
18reasonable alternate route available. For purposes of this
19section, "reasonable alternate route" shall mean a route
20meeting the criteria set forth in department regulations
21relating to traffic and engineering studies.
30(iii) The department may establish a permit type
1allowing the posting authority to determine that damage
2to the posted highway covered by the permit will be
3minimal. This type of permit may include categories based
4on the number and kinds of loads expected, including a
5category providing that use of the posted highway under a
6single minimum use permit of less than 700 loads per year
7shall not require an agreement or security. The
8department may alter the 700 loads per year minimum use
9threshold if it determines the structural capacity of the
10State highways can accept a higher or lower amount of
11over-posted weight traffic. The department may express
12the threshold as a loads-per-day, loads-per-week or
17(v) The department shall exclude hauling related to
18unconventional oil and gas development from minimum use
19status based on its disproportionate and qualitatively
20different impact upon highways and bridges.
21(3) The department shall promulgate regulations to
22implement this section. During the two years immediately
23following the effective date of this section, the department
24may promulgate temporary regulations, which shall expire no
25later than three years following the effective date of this
26paragraph or upon promulgation of final regulations,
27whichever occurs first. Temporary regulations promulgated by
28the department under this paragraph shall not be subject to
29any of the following:
30(i) Sections 201, 202 and 203 of the Act of July 31,
5* * *
7(i) Authority to conduct investigations and audits.--The
8Commonwealth and local authorities may conduct or cause to be
9conducted an investigation and audit of a person or entity to
10determine if there has been a violation of this section,
11pertinent regulation or agreement. Audits shall be limited to
12proper usage of letters of local determination and de minimis
13and minimum use permits.
14(j) Authority to suspend, revoke or deny permits.--The
15Commonwealth and local authorities may suspend, revoke or deny a
16permit and agreement if it is determined by the Commonwealth or
17a local authority that there has been a violation of this
18section, pertinent regulation or agreement, notwithstanding any
19other provision of this section.
22§ 4962. Conditions of permits and security for damages.
23* * *
24(f.3) Additional authorized travel periods.--With respect to
25oversized vehicles (over-length, over-width, or over-height), a
26permitted vehicle, combination or load may operate under a
27permit from sunrise to sunset every day of the week except as
5(4) As restricted by the permit.
6* * *
9§ 4968. Permit for movement during course of manufacture.
12* * *
13(3) aircraft refueling vehicles or vehicles and
14combinations carrying [raw] milk, raw coal, flat-rolled steel
15coils, steel slabs, hot ingots, a hot box, pulpwood and wood
16chips, raw water or cryogenic liquid which exceed the maximum
17weight specified in Subchapter C while they are in the course
18of manufacture and under contract with or under the direct
19control of the manufacturer, provided that they do not exceed
20the maximum height, width or length specified in Subchapter B
21unless they also qualify under paragraph (1), subject to the
22provisions in subsection (a.2).
24* * *
25(4) A combination of vehicles which is hauling [raw]
26milk to or from a manufacturer may be permitted by the
27department and local authorities to move upon highways within
28their respective jurisdictions 24 hours a day, seven days a
29week, except during inclement weather as defined in
30department regulations, if the gross weight does not exceed
195,000 pounds and the weight of any nonsteering axle does not
2exceed 21,000 pounds. No permit may be issued for this type
3of movement upon an interstate highway. An application to the
4department for the movement of milk, except for raw milk,
5shall designate the route the applicant requests to use.
6* * *
20"Milk." The term shall mean any of the following:
21(1) Bulk milk.
22(2) Evaporated milk.
23(3) Raw milk.
24(4) Condensed milk.
28Section 35. Section 6110 of Title 75 is amended to read:
29§ 6110. Regulation of traffic on Pennsylvania Turnpike.
30(a) General rule.--The provisions of this title apply upon
1any turnpike or highway under the supervision and control of the
2Pennsylvania Turnpike Commission unless specifically modified by
3rules and regulations promulgated by the commission which shall
4become effective only upon publication in accordance with law. A
5copy of the rules and regulations, so long as they are
6effective, shall be posted at all entrances to the turnpike or
7highway for the inspection of persons using the turnpike or
8highway. This section does not authorize the establishment of a
9maximum speed limit greater than 55 miles per hour, except that
10a 65-miles-per-hour or 70-miles-per-hour maximum speed limit for
11all vehicles may be established where the commission has posted
12a 65-miles-per-hour or 70-miles-per-hour speed limit.
13(a.1) Posting.--No maximum speed limit established under
14subsection [(a)(1) or (2)] (a) shall be effective unless posted
15on fixed or variable official traffic-control devices erected
16after each interchange on the portion of highway on which the
17speed limit is in effect and wherever else the commission shall
20(1) Except as otherwise provided in this subsection, any
21person violating any of the rules and regulations of the
22Pennsylvania Turnpike Commission for which no penalty has
23otherwise been provided by statute commits a summary offense
24and shall, upon conviction, be sentenced to pay a fine of
26[(2) Any person violating any of the rules and
27regulations of the commission prohibiting fare evasion or
28attempted fare evasion commits a summary offense and shall,
29upon conviction, be sentenced to pay a fine according to the
30classification by the commission of the vehicle driven by
1that person at the time of violation as follows:
2(i) Class 1 through 2: $100.
3(ii) Class 3 through 6: $500.
4(iii) Class 7 and higher: $1,000.
5(3) In addition to the fines imposed under this
6subsection, restitution shall be made to the commission in an
7amount equal to the full fare, for the appropriate vehicle
8class, from the farthest point of entry on the turnpike to
9the actual point of exit.]
12§ 6110.1. Fare evasion.
13(a) Penalty.--A person that violates a regulation of the
14Pennsylvania Turnpike Commission prohibiting fare evasion or
15attempted fare evasion commits a summary offense and shall, upon
16conviction, be sentenced to pay a fine according to the
17classification by the commission of the vehicle driven by that
18person at the time of violation as follows:
19(1) Class 1 through 2: $100.
20(2) Class 3 through 6: $500.
21(3) Class 7 and higher: $1,000.
22(b) Affirmative action.--A person that intentionally or
23knowingly takes an affirmative action in an attempt to evade
24tolls incurred for travel upon the Pennsylvania turnpike or a
25road under its control commits a misdemeanor of the third degree
26and shall, upon conviction, be sentenced to:
27(1) pay a fine of $3,000 for a first offense; and
30(c) Construction.--Prosecution of a violation of this
1section shall not preclude prosecution under section 1332
2(relating to display of registration plate), section 7122
3(relating to altered, forged or counterfeit documents and
4plates) or section 7124 (relating to fraudulent use or removal
5of registration plate).
6(d) Restitution.--In addition to the fines imposed under
7this section, restitution shall be made to the commission in an
8amount equal to the full fare, for the appropriate vehicle
9class, from the farthest point of entry on the turnpike to the
10actual point of exit.
1§ 6118. Municipal police officer education and training.
2Beginning July 1, 2014, and each year thereafter, the sum of
3$5,000,000 is appropriated annually to the Pennsylvania State
4Police from the Motor License Fund to make payments under 53
5Pa.C.S. § 2170 (relating to reimbursement of expenses)
6consistent with the requirements of section 11 of Article VIII
7of the Constitution of Pennsylvania. If money is not available
8to make full payments, the Municipal Police Officers' Education
9and Training Commission shall make payments on a pro rata basis.
10Section 35.2. Section 6506 of Title 75 is amended to read:
11§ 6506. Surcharge.
12(a) Levy and imposition.--In addition to any fines, fees or
13penalties levied or imposed as provided by law, under this title
14or any other statute, a surcharge shall be levied for
15disposition in accordance with subsection (b) as follows:
16(1) Upon conviction for any violation of the provisions
17of this title or other statute of the Commonwealth, or
18regulations promulgated under this title, which is a traffic
19violation and which is not included within the provisions of
20paragraphs (2) through (7), exclusive of parking offenses, a
21surcharge of [$30] $45.
10(5) Upon conviction for violation of section 4902
11(relating to restrictions on use of highways and bridges),
12Subchapter C of Chapter 49 (relating to maximum weights of
13vehicles) or Subchapter E of Chapter 49 (relating to
14measuring and adjusting vehicle size and weight), a surcharge
15of [$150] $225.
16(6) Upon conviction for violation of Chapter 47
17(relating to inspection of vehicles), by the owner or
18operator or driver of a vehicle which is subject to the
19provisions of Chapter 49 (relating to size, weight and load),
20a surcharge of [$30] $45.
21(7) Upon conviction of offenses under section 1543(b)
22(1.1) (relating to driving while operating privilege is
23suspended or revoked), 3802 (relating to driving under
24influence of alcohol or controlled substance) or 3808(a)(2)
25(relating to illegally operating a motor vehicle not equipped
26with ignition interlock), or upon admission to programs for
27Accelerated Rehabilitative Disposition for offenses
28enumerated in section 1543(b)(1.1), 3802 or 3808(a)(2), a
29surcharge, respectively, of:
30(i) [$50] $75 for the first offense.
1(ii) [$100] $150 for the second offense.
2(iii) [$200] $300 for the third offense.
9The provisions of this subsection shall not apply to any
10violation committed by the operator of a motorcycle, motor-
11driven cycle, pedalcycle, motorized pedalcycle or recreational
12vehicle not intended for highway use.
14(1) Notwithstanding any other statutory provision:
19(ii) All surcharges levied and collected under
20subsections (a)(2) through (7) by any division of the
21unified judicial system shall be remitted to the
22Commonwealth for deposit in the Pennsylvania
23Transportation Trust Fund.
24(iii) All surcharges levied and collected under
25subsection (a)(8) and (9) by any division of the unified
26judicial system shall be remitted to the appropriate
27towing and storage agent as set forth in section
286309.2(e) (relating to immobilization, towing and storage
29of vehicle for driving without operating privileges or
30registration) for purposes of funding its costs
10§ 8901. Definitions.
14"Annual additional payments." As follows:
18(i) $200,000,000 paid as annual base payments;
19(ii) any Interstate 80 savings for that fiscal year.
20(2) If the conversion period has expired and a
21conversion notice has not been received by the secretary, in
22each subsequent fiscal year until the end of the term of the
23lease agreement, the annual additional payments shall be
24$250,000,000. No annual additional payments shall be due
25after fiscal year 2021-2022.
7* * *
10(1) $750,000,000 in fiscal year 2007-2008.
11(2) $850,000,000 in fiscal year 2008-2009.
12(3) $900,000,000 in fiscal year 2009-2010.
13(4) For fiscal year 2010-2011 [and each fiscal year
14thereafter] through fiscal year 2021-2022, the amount shall
15be the amount calculated for the previous year increased by
162.5%, except that the amount shall be equal to the annual
17base payments plus $250,000,000 if the conversion notice is
18not received by the secretary prior to the expiration of the
19conversion period. For fiscal year 2014-2015 and each fiscal
20year thereafter through fiscal year 2021-2022, at least
21$30,000,000 of this amount shall be paid from then current
28§ 8915.6. Deposit and distribution of funds.
1be deposited in the Motor License Fund:
2(1) For fiscal year 2007-2008, $450,000,000.
3(2) For fiscal year 2008-2009, $500,000,000.
4(3) For fiscal year 2009-2010, $500,000,000.
10* * *
11Section 38. (Reserved).
12Section 39. (Reserved).
15§ 9002. Definitions.
19* * *
20"Average wholesale price." [The average wholesale price per
21gallon of all taxable liquid fuels and fuels, excluding the
22Federal excise tax and all liquid fuels taxes, as determined by
23the Department of Revenue for the 12-month period ending on the
24September 30 immediately prior to January 1 of the year for
25which the rate is to be set. In no case shall the average
26wholesale price be less than 90¢ nor more than $1.25 per
27gallon.] The average wholesale price of all taxable liquid fuels
28and fuels, excluding the Federal excise tax and all liquid fuels
29taxes shall be as follows:
30(1) After December 31, 2013, and before January 1, 2015,
1the average wholesale price shall be $1.87 per gallon.
4(3) After December 31, 2016, the average wholesale price
5shall be as determined by the Department of Revenue for the
612-month period ending on the September 30 immediately prior
7to January 1 of the year for which the rate is to be set. In
8no case shall the average wholesale price be less than $2.99
10* * *
14§ 9004. Imposition of tax, exemptions and deductions.
15(a) [Liquid fuels and fuels tax.--A permanent State tax of
1612¢ a gallon or fractional part thereof is imposed and assessed
17upon all liquid fuels and fuels used or sold and delivered by
18distributors within this Commonwealth.] (Reserved).
19(b) Oil company franchise tax for highway maintenance and
20construction.--[In addition to the tax imposed by subsection
21(a), the] The tax imposed by Chapter 95 (relating to taxes for
22highway maintenance and construction) shall [also] be imposed
23and collected on liquid fuels and fuels, on a cents-per-gallon
24equivalent basis, upon all gallons of liquid fuels and fuels [as
25are taxable under subsection (a)] used or sold and delivered by
26distributors within this Commonwealth.
29* * *
30(e) Exceptions.--The tax imposed under subsections [(a),]
3* * *
6§ 9006. Distributor's report and payment of tax.
7* * *
8(b) Computation and payment of tax.--
9* * *
10(2) The discount under paragraph (1) shall not be
11computed on any tax imposed and remitted with respect to the
12oil company franchise tax imposed under sections 9004(b)
13(relating to imposition of tax, exemptions and deductions)
14and 9502 (relating to imposition of tax), except with respect
15to the oil company franchise tax imposed under section
169502(a)(5) (relating to imposition of tax).
17* * *
20§ 9010. Disposition and use of tax.
21(a) [Payment to Liquid Fuels Tax Fund.--One-half cent per
22gallon of the tax collected under section 9004(a) (relating to
23imposition of tax, exemptions and deductions) shall be paid into
24the Liquid Fuels Tax Fund of the State Treasury. The money paid
25into that fund is specifically appropriated for the purposes set
26forth in this chapter.] (Reserved).
27(b) Payment to counties.--
1counties of this Commonwealth on June 1 and December 1 of
2each year in the ratio that the average amount returned to
3each county during the three preceding years bears to the
4average amount returned to all counties during the three
6* * *
8* * *
9(3) The [remaining tax collected under section 9004(a),
10the] tax of 1 1/2¢ a gallon imposed and assessed on liquid
11fuels used or sold and delivered for use as a fuel in
12propeller-driven aircraft or aircraft engines, the tax of 1
131/2¢ a gallon on liquid fuels used or sold and delivered for
14use as a fuel in jet or turbojet-propelled aircraft or
15aircraft engines in lieu of other taxes, all penalties and
16interests and all interest earned on deposits of the Liquid
17Fuels Tax Fund shall be paid into the Motor License Fund.
18This money is specifically appropriated for the same purposes
19for which money in the Motor License Fund is appropriated by
23§ 9017. Refunds.
24* * *
25(c) Motorboats and watercraft.--
26(1) When the tax imposed by this chapter and section
279502(a)(5) (relating to imposition of tax) has been paid and
28the fuel on which the tax has been imposed has been consumed
29in the operation of motorboats or watercraft upon the waters
30of this Commonwealth, including waterways bordering on this
4* * *
9(a) Public work.--For locally funded highway and bridge
10projects, the term "public work" as used in the act of August
1115, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
12Wage Act, shall mean construction, reconstruction, demolition,
13alteration and repair work, other than maintenance work, done
14under contract and paid for in whole or in part out of the funds
15of a public body if the estimated cost of the total project is
16in excess of $100,000. The term shall not include work performed
17under a rehabilitation or manpower training program.
23(1) paid to counties under section 9010(b) (relating to
24disposition and use of tax), including borrowed funds under
25section 9010(b)(2)(ii), whether expended by the county or
26allocated or apportioned to political subdivisions;
30(3) made available to municipalities from the Highway
1Bridge Improvement Restricted Account within the Motor
2License Fund for expenditure on bridge rehabilitation,
3replacement and removal projects pursuant to the act of
4December 8, 1982 (P.L. 848, No.235), known as the Highway-
5Railroad and Highway Bridge Capital Budget Act for 1982-1983,
6and its supplements;
7(4) awarded to municipalities as transportation
8enhancement grants under section 3116 (relating to automated
9red light enforcement systems in first class cities) or 3117
10(relating to automated red light enforcement systems in
25(2) To establish a dedicated and earmarked funding
26mechanism that provides streamlined appropriation to the
27county level and enables local officials to establish fiscal
28and environmental controls.
3(b) General rule.--Of the funds available under section
49502(a)(1) (relating to imposition of tax), [$1,000,000]
5$7,000,000 shall be annually distributed to the Department of
6Conservation and Natural Resources for the maintenance and
7mitigation of dust and sediment pollution from parks and
8forestry roads. Funds in the amount of [$4,000,000] $28,000,000
9shall be appropriated annually to the State Conservation
10Commission and administered in a nonlapsing, nontransferable
11account restricted to maintenance and improvement of dirt [and
12gravel], gravel and low-volume State and municipal roads. The
13State Conservation Commission shall apportion the funds based on
14written criteria it develops to establish priorities based on
15preventing dust and sediment pollution. In the first fiscal
16year, top priority shall be given to specific trouble spot
17locations already mapped by the Task Force on Dirt and Gravel
18Roads and available from the department. A minimum of $8,000,000
19of the total appropriated annually shall be for maintenance and
20improvement of low-volume roads.
21* * *
22§ 9301. Supplemental funding for municipal highway maintenance.
23(a) Annual appropriation.--The General Assembly shall
24annually appropriate, beginning with the 1980-1981 fiscal year,
25the sum of $5,000,000 for supplemental payments to
26municipalities to assist in the maintenance and construction
27costs of municipal roads. The moneys appropriated by authority
28of this section shall be distributed to municipalities in
29accordance with the provisions of the act of June 1, 1956 (1955
30P.L.1944, No.655), [entitled "An act providing a permanent
1allocation of a part of the fuels and liquids fuels tax proceeds
2to cities, boroughs, incorporated towns and townships, for their
3road, street and bridge purposes; conferring powers and imposing
4duties on local officers and the Department of Highways; and
5making an appropriation out of the Motor License Fund; and
6repealing existing legislation."] referred to as the Liquid
7Fuels Tax Municipal Allocation Law.
11(1) The distribution shall be in the ratio of:
19(c) Additional allocation to municipalities.--Commencing
20July 1, 2014, an amount of $30,000,000 is appropriated out of
21the Motor License Fund and shall be distributed to
22municipalities pursuant to the Liquid Fuels Tax Municipal
24§ 9502. Imposition of tax.
25(a) General rule.--
26(1) An "oil company franchise tax for highway
27maintenance and construction" which shall be an excise tax of
2860 mills is hereby imposed upon all liquid fuels and fuels as
29defined and provided in Chapter 90 (relating to liquid fuels
30and fuels tax), and such tax shall be collected as provided
1in section 9004(b) (relating to imposition of tax, exemptions
2and deductions). Of the amount collected in fiscal year 2015-
32016, and each fiscal year thereafter, $35,000,000 shall be
4deposited in the Multimodal Transportation Fund established
5under 74 Pa.C.S. § 2101 (relating to Multimodal
6Transportation Fund), to be expended in accordance with
7section 11 of Article VIII of the Constitution of
9(2) An additional 55 mills is hereby imposed on all
10liquid fuels and fuels as defined and provided in Chapter 90
11and such tax shall also be collected as provided in section
129004(b), the proceeds of which shall be distributed as
14(i) [Forty-two] Forty-five percent to county
15maintenance districts for highway maintenance for fiscal
16year 2013-2014, 29% for fiscal year 2014-2015, 25% for
17fiscal year 2015-2016 and 19% for fiscal year 2016-2017
18and each year thereafter. This allocation shall be made
19according to the formula provided in section 9102(b)(2)
20(relating to distribution of State highway maintenance
21funds). This allocation shall be made in addition to and
22not a replacement for amounts normally distributed to
23county maintenance districts under section 9102.
24(ii) [Seventeen percent for highway capital
25projects.] Fourteen percent for highway capital projects
26for fiscal year 2013-2014, 30% for fiscal year 2014-2015,
2734% for fiscal year 2015-2016 and 40% for fiscal year
282016-2017 and each year thereafter. Annually, until
29fiscal year 2023-2024, an amount equal to 15% of all
30appropriations to the department for highway and bridge
4(iii) Thirteen percent for bridges.
19(vi) Fourteen percent for toll roads designated
20pursuant to the act of September 30, 1985 (P.L.240,
21No.61), known as the Turnpike Organization, Extension and
22Toll Road Conversion Act, to be appropriated under
24(3) An additional 38.5 mills is hereby imposed upon all
25liquid fuels and fuels as defined and provided in Chapter 90,
26and such tax shall also be collected as provided in section
279004(b), the proceeds of which shall be deposited in The
28Motor License Fund and distributed as follows:
12001-2002 and each year thereafter.
2(J) For any fiscal year beginning with 1997-1998
3through and including fiscal year 2000-2001, the
4department shall make supplemental maintenance
5program payments from the Statewide highway
6restoration betterment program to those county
7maintenance districts for which the total highway
8maintenance appropriations and executive
9authorizations in accordance with section 9102(b)
10would be less than the amount received in 1996-1997
11from the highway maintenance appropriation, the
12Secondary Roads-Maintenance and Resurfacing Executive
13Authorization, the Highway Maintenance Excise Tax
14Executive Authorization and the Highway Maintenance
16The words and phrases used in this paragraph shall have the
17meanings given to them in section 9101 (relating to
18definitions). This one-time allocation shall be made in
19addition to and is not a replacement for amounts normally
20distributed to county maintenance districts under section
22(ii) Sixty-eight percent to the department for
23distribution in accordance with section 9102(b)(2) for
24fiscal year 2013-2014; 49% for fiscal year 2014-2015 and
2540% for each fiscal year thereafter.
26(iii) Twenty percent to the department for expanded
27highway and bridge maintenance for fiscal year 2013-2014;
2839% for fiscal year 2014-2015 and 48% for each fiscal
29year thereafter to be distributed as follows:
30(A) Annually, 15% of the amount deposited in a
8(4) An additional 55 mills is hereby imposed upon all
9fuels as defined and provided in chapter 90 and such tax
10shall also be collected as provided in section 9004(b) upon
11such fuels, the proceeds of which shall be deposited in The
12Highway Bridge Improvement Restricted Account within the
13Motor License Fund and is hereby appropriated.
14(5) An additional 64 mills in calendar year 2014, 49
15mills in calendar year 2015, 48 mills in calendar year 2016,
1641 mills in calendar year 2017 and 39 mills in each calendar
17year thereafter, is imposed upon all liquid fuels and fuels
18as defined and provided in Chapter 90; and the tax shall also
19be collected as provided in section 9004(b) upon such fuels.
20The proceeds of the tax shall be deposited and distributed as
22(i) Four and seventeen hundredths percent to the
23Liquid Fuels Tax Fund of the State Treasury. The money
24paid into that fund is specifically appropriated for the
25purposes set forth in section 9010 (relating to
26disposition and use of tax).
27(ii) Ninety-five and eighty-three hundredths
28percent to the Motor License Fund. This money is
29specifically appropriated for the same purposes for which
30money in the Motor License Fund is appropriated by law.
4* * *
7§ 9511. Allocation of proceeds.
8* * *
11(1) The amount of the proceeds deposited in the Motor
12License Fund pursuant to this chapter which[, in fiscal year
131983-1984,] is attributable to [two] three mills of the tax
14imposed under section 9502(a) (relating to imposition of tax)
15[and which, in fiscal year 1984-1985 and thereafter, is
16attributable to three mills of the tax,] shall be deposited
20(A) Twenty-seven million dollars shall be
21deposited in the State Highway Transfer Restoration
22Restricted Account within the Motor License Fund. The
23funds deposited in the State Highway Transfer
24Restoration Restricted Account shall be appropriated
25annually for expenditure as provided under subsection
27(B) All funds not deposited in accordance with
28clause (A) shall be deposited in the Highway Bridge
29Improvement Restricted Account within the Motor
30License Fund for local bridges, notwithstanding if
5(A) One and one-half mill shall be deposited in
6the State Highway Transfer Restoration Restricted
7Account within the Motor License Fund, which account
8is hereby created. The funds deposited in the State
9Highway Transfer Restoration Restricted Account are
10hereby annually appropriated out of the account upon
11authorization by the Governor for expenditure as
12provided in subsection (g).
13(B) One and one-half mill shall be deposited in
14the Highway Bridge Improvement Restricted Account
15within the Motor License Fund for local bridges,
16notwithstanding if the project is administered by a
17county, municipality or the department.
18(2) If funds are available to make payments under
19subsection (g)(1), the department may transfer funds
20deposited under paragraph (1)(i) and (ii) between the State
21Highway Transfer Restoration Restricted Account and the
22Highway Bridge Improvement Restricted Account at the
23discretion of the secretary.
24* * *
25(e.1) Allocation to municipalities for traffic signals.--In
26addition, up to $10,000,000 for fiscal year 2014-2015, up to
27$25,000,000 for fiscal year 2015-2016 and up to $40,000,000 for
28fiscal year 2016-2017 and each fiscal year thereafter, is
29appropriated out of the Motor License Fund to replace,
30synchronize, time, operate and maintain traffic signals within
4(1) During fiscal year 2014-2015, up to $10,000,000 is
5allocated to municipalities for upgrading traffic signals to
6light-emitting diode technology and for performing regional
7operations such as retiming, developing special event plans
8and monitoring traffic signals.
9(2) During fiscal year 2015-2016, up to $25,000,000
10shall be allocated to municipalities for upgrading traffic
11signals to light-emitting diode technology, performing
12regional operations such as retiming, developing special
13event plans and monitoring traffic signals and for
14maintaining and operating traffic signals.
15(3) During fiscal years 2016-2017 and each fiscal year
16thereafter, up to $40,000,000 shall be allocated to
17municipalities for upgrading traffic signals to light-
18emitting diode technology, performing regional operations
19such as retiming, developing special event plans and
20monitoring traffic signals and for maintaining and operating
26(5) The department shall establish guidelines for
27applications and approval of applications from municipalities
28for the financial assistance being provided. Applicants must
29enter into agreements provided for under 74 Pa.C.S. Ch. 92.
30Priority will be given to multi-municipal improvements.
1* * *
2(g) Use of funds in the State Highway Transfer Restoration
3Restricted Account.--The funds appropriated in subsection (b)
4for deposit in the State Highway Transfer Restoration Restricted
5Account shall be used to pay for the costs of restoration of
6such highways as provided in Chapter 92 (relating to transfer of
7State highways) and annual payments to the municipalities for
8highway maintenance in accordance with the following:
9(1) Annual maintenance payments shall be at the rate of
10$4,000 per mile for each highway or portion of highway
11transferred under Chapter 92, section 222 of the act of June
121, 1945 (P.L.1242, No.428), known as the State Highway Law,
13or any statute enacted in 1981.
14(2) Annual maintenance payments shall be paid at the
15same time as funds appropriated under the act of June 1, 1956
16(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
17Municipal Allocation Law, except that no maintenance payment
18shall be paid for a highway until after the year following
19its transfer to the municipality.
23(4) Annual maintenance payments under this subsection
24shall be deposited into the municipality's liquid fuels tax
25account and may be used on any streets and highways in the
26municipality in the same manner and subject to the same
27restrictions as liquid fuels tax funds paid under the Liquid
28Fuels Tax Municipal Allocation Law or, in the case of a
29county, under section 10 of the act of May 21, 1931 (P.L.149,
30No.105), known as The Liquid Fuels Tax Act.
1* * *
2(i) Refund to Pennsylvania Fish and Boat Commission.--
3(1) When the tax imposed by section 9502(a)(1), (2), (3)
4and (4) (relating to imposition of tax) has been paid and the
5fuel on which the tax has been imposed has been consumed in
6the operation of motorboats or watercraft upon the waters of
7this Commonwealth, including waterways bordering this
8Commonwealth, the full amount of the tax shall be refunded to
9the Boat Fund on petition to the Board of Finance and Revenue
10in accordance with prescribed procedures.
11(2) In accordance with the procedures, the Pennsylvania
12Fish and Boat Commission shall biannually calculate the
13amount of liquid fuels consumed by the motorcraft and furnish
14the information relating to its calculations and data as
15required by the Board of Finance and Revenue. The Board of
16Finance and Revenue shall review the petition and motorboat
17fuel consumption calculations of the commission, determine
18the amount of the oil company franchise tax paid and certify
19to the State Treasurer to refund annually to the Boat Fund
20the amount so determined. The department shall be accorded
21the right to appear at the proceedings and make its views
23(3) For the fiscal years commencing July 1, 2013, July
241, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the
25money under paragraph (2) shall be used by the commission
26acting by itself or by agreement with other Federal and State
27agencies only for the improvement of hazardous dams
28impounding waters of this Commonwealth on which boating is
29permitted, including the development and construction of
30boating areas and the dredging and clearing of water areas
1where boats can be used. The commission shall present its
2plan no later than September 30 of each year through
3September 30, 2017, to the chairman and minority chairman of
4the Transportation Committee and the chairman and minority
5chairman of the Game and Fisheries Committee of the Senate
6and the chairman and minority chairman of the Transportation
7Committee and the chairman and minority chairman of the Game
8and Fisheries Committee of the House of Representatives
9regarding the use of the funds. For the fiscal year
10commencing July 1, 2018, and for each fiscal year thereafter,
11this money shall be used by the commission acting by itself
12or by agreement with other Federal and State agencies only
13for the improvement of the waters of this Commonwealth on
14which motorboats are permitted to operate and may be used for
15the development and construction of motorboat areas; the
16dredging and clearing of water areas where motorboats can be
17used; the placement and replacement of navigational aids; the
18purchase, development and maintenance of public access sites
19and facilities to and on waters where motorboating is
20permitted; the patrolling of motorboating waters; the
21publishing of nautical charts in those areas of this
22Commonwealth not covered by nautical charts published by the
23United States Coast and Geodetic Survey or the United States
24Army Corps of Engineers and the administrative expenses
25arising out of the activities; and other similar purposes.
26Section 43. The following shall apply:
30(2) The amendment of 74 Pa.C.S. § 1512 shall apply to
12Section 44. The General Assembly declares that the amendment
13of 75 Pa.C.S. § 4968(a.2)(4) shall not affect requirements of
14the Department of Transportation regarding the permit for the
15movement of raw milk found at 50A on pages 83 and 84 of
16Publication 31 of the Department of Transportation.
17Section 45. The Department of Transportation and the
18Pennsylvania Turnpike Commission may amend the lease agreement
19entered into by them pursuant to 75 Pa.C.S. § 8915.3 in order to
20conform the provisions of the lease to the amendments to the
21rights and obligations of the Department of Transportation and
22the Pennsylvania Turnpike Commission contained in this act.
23Section 46. The maximum principal amount of additional debt
24to be incurred under this act for capital projects specifically
25itemized in a capital project itemization act pursuant to
26section 7(a)(4) of Article VIII of the Constitution of
27Pennsylvania shall be $500,000,000. Debt shall be incurred in
28accordance with the act of February 9, 1999 (P.L.1, No.1), known
29as the Capital Facilities Debt Enabling Act, and the Motor
30License Fund shall be charged with the repayment of the debt.
1The net proceeds from the sale of obligations authorized in this
2section are appropriated to the Department of Transportation to
3be used exclusively to defray financial costs of capital
4projects specifically itemized in accordance with the Capital
5Facilities Debt Enabling Act. The money necessary to pay debt
6service or to pay arbitrage rebates required under section 148
7of the Internal Revenue Code of 1986 (Public Law 99-514, 26
8U.S.C. § 148) due on the obligations under this section in
9fiscal year 2013-2014 is appropriated to the State Treasurer
10from the Motor License Fund.
11Section 47. The sum of $1,000,000 is appropriated to the
12Department of Transportation from the Multimodal Transportation
13Fund for costs incurred by the department in the administration
14of the programs under 74 Pa.C.S. § 2401(a)(1).
15Section 48. This act shall take effect as follows:
18(i) This section.
19(ii) Sections 43, 44, 45 and 46 of this act.
20(iii) The addition of 74 Pa.C.S. Ch. 2.
21(iv) The amendment of 74 Pa.C.S. § 1504.
24(vi) The amendment of 74 Pa.C.S. § 1512.
29(ix) The addition of 74 Pa.C.S. § 1517.1.
30(x) The addition of 74 Pa.C.S. Ch. 21.
1(xi) The addition of 74 Pa.C.S. Ch. 59 Subch. C.
2(xii) The amendment of 74 Pa.C.S. § 8105(b)(2).
3(xiii) The addition of 74 Pa.C.S. Ch. 92.
4(xiv) The addition of 74 Pa.C.S. Ch. 93.
5(xv) The reenactment of 75 Pa.C.S. § 1550(d)(2).
14(xvii) The amendment of 75 Pa.C.S. § 8915.6.
15(xviii) The amendment of 75 Pa.C.S. § 9002.
22(ii) The amendment of 75 Pa.C.S. § 1307(f).
23(iii) The amendment of 75 Pa.C.S. § 1904.
24(iv) The amendment of 75 Pa.C.S. § 3111.
25(v) The amendment of 75 Pa.C.S. § 6506.
28(vii) The addition of 75 Pa.C.S. § 9024.
3(ii) The amendment of 75 Pa.C.S. § 2102.
8(ii) The amendment of 75 Pa.C.S. §§ 1353 and 1355.
13(iv) The amendment of 75 Pa.C.S. § 8901.
14(v) The amendment of 75 Pa.C.S. § 9106.
15(vi) The amendment of 75 Pa.C.S. § 9502(a)(2)(iv).
20(ii) The amendment of 75 Pa.C.S. § 1617.
21(iii) The amendment of 75 Pa.C.S. § 1786(d).