Regular Session 2021-2022 Senate Bill 1354 P.N. 1999

PRINTER'S NO. 1999

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1354

Session of

2022

INTRODUCED BY BOSCOLA, FONTANA, DILLON, COSTA AND KEARNEY,

OCTOBER 24, 2022

REFERRED TO TRANSPORTATION, OCTOBER 24, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," establishing the Snow and Ice Removal Safety

Grant Program and the Snow and Ice Removal Safety Grant

Program Account; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.343, No.176), known

as The Fiscal Code, is amended by adding an article to read:

ARTICLE I-K

SNOW AND ICE REMOVAL SAFETY GRANT PROGRAM

Section 101-K. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account." The Snow and Ice Removal Safety Grant Program

Account established under section 103-K(a).

"Applicant." An applicant for a grant award under the

program.

"Department." The Department of Transportation of the

Commonwealth.

"Eligible applicant." An applicant who is eligible to

receive a grant award under the program.

"Motor carrier vehicle." Any of the following:

(1) A truck, truck tractor or combination of a truck and

truck tractor having a gross vehicle weight rating, gross

combination weight rating, registered gross weight,

registered combination weight or actual gross weight of

17,001 pounds or more.

(2) A truck, truck tractor or combination of a truck and

truck tractor engaged in interstate commerce and having a

gross vehicle weight rating, gross combination weight rating,

registered gross weight, registered combination weight or

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actual gross weight of 10,001 pounds or more.

"Program." The Snow and Ice Removal Safety Grant Program

established under section 102-K(a).

"Snow and ice removal device." Any apparatus, equipment or

technology used to remove snow and ice from the roof of motor

carrier vehicles.

Section 102-K. Snow and Ice Removal Safety Grant Program.

(a) Establishment.--The Snow and Ice Removal Safety Grant

Program is established within the department for the purpose of

developing snow and ice removal devices at locations across this

Commonwealth. The department shall award a grant under the

program to an eligible applicant for the purpose of funding the

purchase, installation or utilization of snow and ice removal

devices at locations across this Commonwealth.

(b) Use of money.--A recipient of a grant award under the

program shall use the grant money to purchase, install or

utilize a snow and ice removal device that will remove snow and

ice from motor carrier vehicles at a location in this

Commonwealth. A recipient of a grant award under the program

shall use the grant money to purchase, install or utilize a snow

and ice removal device at a location that is convenient and

easily accessible to motor carrier vehicles, including a service

area, a weigh station, an inspection facility, a port, a

terminal or another intermodal transportation facility. A

recipient of a grant award under the program may use the grant

money to cover other direct costs related to a snow and ice

removal device for a project approved by the department.

(1) A recipient of a grant award under the program shall

operate a snow and ice removal device at a location in

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accordance with regulations promulgated by the department

under section 109-K.

(2) A recipient of a grant award under the program may

charge a user fee for the use of a snow and ice removal

device to pay for the costs associated of operating and

maintaining the associated facilities and equipment.

(d) Awards.--Subject to the availability of grant money for

the program, the department may not provide a grant award to an

eligible applicant in excess of $50,000 per snow and ice removal

device location or $150,000 for all snow and ice removal device

locations.

Section 103-K. Snow and Ice Removal Safety Grant Program

Account.

(a) Establishment.--The Snow and Ice Removal Safety Grant

Program Account is established as a restricted account in the

General Fund. Money is appropriated from the account to the

department for the purposes specified under subsection (c). The

appropriation shall not lapse.

(b) Deposits.--The State Treasurer, in collaboration with

the department, shall deposit money received by the department

from fines imposed and collected as a result of enforcement

under 75 Pa.C.S. § 3721 (relating to snow and ice) into the

account.

deposited into the account under subsection (b) only for the

following purposes:

(1) Establishing the program to provide incentives to

eligible applicants to purchase, install and utilize snow and

ice removal devices for motor carrier vehicles at locations

across this Commonwealth.

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(2) Offsetting costs associated with a public awareness

campaign related to snow and ice removal. The department may

use no more than 3% of the annual account balance for the

purpose specified under this paragraph.

(3) Offsetting the administrative costs of the program.

The department may use no more than 3% of the annual account

balance for the purpose specified under this paragraph.

Section 104-K. Application form.

The department shall develop an application form for an

applicant to apply for grant awards under the program. The form

shall include all of the following information:

(1) The name, address and contact information of the

applicant.

(2) The amount of grant money requested in accordance

with section 102-K(d).

(3) The proposed use for the grant award.

(4) Any other information the department deems

necessary.

Section 105-K. Notice of availability and award of grants.

The department shall provide information regarding the

availability and award of grant money under the program on the

department's publicly accessible Internet website.

Section 106-K. Award of grants.

(a) Determination.--Within 60 days of the submission and

review of an application for a grant award under the program,

the department shall determine the applicant's eligibility for

the grant money. Upon approving the application, the department

shall award a grant amount to the eligible applicant in

accordance with section 102-K(d).

(b) Notice.--The department shall provide the following

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written notice to an applicant:

(1) The amount of the grant money awarded under the

program, if any, and the conditions or restrictions on the

use of the grant money.

(2) If part or all of the application is denied, the

reason for the full or partial denial.

additional information from an applicant for the purpose of

reviewing an application for a grant award under the program,

the applicant shall immediately provide the additional

information to the department.

Section 107-K. Appropriation.

In accordance with section 1703-A, the sum of $2,000,000 is

appropriated to the department from the Budget Stabilization

Reserve Fund to administer the program and fund grants awarded

under the program.

Section 108-K. Report.

No later than December 31, 2023, the department shall publish

a report that lists each receipt of a grant award under the

program and a summary of the information provided in each

application form under section 104-K on the department's

publicly accessible Internet website.

Section 109-K. Regulations.

The department shall promulgate regulations necessary to

implement this article.

Section 2. This act shall take effect in 60 days.

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