THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, PILEGGI, SCARNATI, WONDERLING, ORIE, STOUT, GORDNER, EARLL, BOSCOLA, STACK, ERICKSON, BAKER, BRUBAKER, PIPPY, ALLOWAY AND SMUCKER, MARCH 27, 2009

REFERRED TO TRANSPORTATION, MARCH 27, 2009  

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, providing for transportation

infrastructure partnership and development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 74 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART V

TRANSPORTATION INFRASTRUCTURE

Chapter

91.  Partnership and Development

CHAPTER 91

PARTNERSHIP AND DEVELOPMENT

Sec.

9101.  Scope of chapter.

9102.  Findings and declaration of policy.

9103.  Definitions.

9104.  Transportation development agreements.

9105.  Proposals for transportation development agreements.

9106.  Review and selection of proposals.

9107.  Affected local jurisdictions.

9108.  Terms and conditions of transportation development

agreements.

9109.  Material default; remedies.

9110.  Financing qualifying transportation projects.

9111.  Power of eminent domain.

9112.  Police powers; motor vehicle laws.

9113.  Taxation of authorized development entity or entities.

9114.  Pennsylvania Transportation Development Trust Fund.

9115.  Regional mobility account, etc. (Reserved).

9116.  Regional mobility authority.

9117.  Turnpike lease restricted.

§ 9101.  Scope of chapter.

This chapter relates to transportation infrastructure

partnership and development.

§ 9102.  Findings and declaration of policy.

The General Assembly finds, determines and declares as

follows:

(1)  There is urgent public need to reduce congestion,

increase capacity, improve safety and enhance economic

efficiency of transportation facilities throughout this

Commonwealth.

(2)  The Commonwealth has limited resources to fund the

maintenance and expansion of its transportation facilities.

(3)  To ensure that the needs of the public are

adequately addressed, alternative funding mechanisms and

strategies must be developed to supplement existing public

revenue sources.

(4)  Public entities should be authorized to enter into

transportation development agreements with private entities,

other public entities or partnerships of such entities in

order to accelerate the cost-effective delivery of improved

transportation facilities throughout this Commonwealth.

§ 9103.  Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Affected local jurisdiction."  A county, city, township,

borough, incorporated town, local planning organization,

regional planning organization, metropolitan transportation

authority or regional mobility authority within whose

jurisdictional boundaries all or a portion of a qualifying

transportation project is located, or which is or will be

directly affected by the project.

"Approving body."  In the case of a proposal subject to State

Transportation Commission review and approval under section

9104(a) (relating to transportation development agreements), the

State Transportation Commission and the proprietary public

entity. In the case of a proposal not subject to State

Transportation Commission approval under section 9104(a), the

proprietary public entity.

"Authorized development entity."  A private entity, another

public entity or any partnership of the entities authorized by

the approving body or bodies to assume responsibility for the

use of or control, in whole or in part, of a transportation

facility from a proprietary public entity.

"Department."  The Department of Transportation of the

Commonwealth.

"Design build."  The mode of infrastructure development

whereby the contractor is responsible for both the design and

construction of a qualifying transportation project.

"Develop" or "development."  The term includes, but is not

limited to, the acts or functions of planning, designing,

financing, constructing, purchasing, installing, adding,

extending or other activities relating to the improvement of a

transportation facility.

"Fund."  The Pennsylvania Transportation Development Trust

Fund established under section 9114 (relating to Pennsylvania

Transportation Development Trust Fund).

"Intergovernmental Cooperation Act."  53 Pa.C.S. Pt. III

Subpt. D (relating to area government and intergovernmental

cooperation).

"Interim agreement."  An agreement, including a memorandum of

understanding or binding preliminary agreement, between a

private entity and the responsible public entity or the affected

public entity under section 9108 (relating to terms and

conditions of transportation development agreements) which

provides for completion of studies, interim compensation rates

and any other activities to advance the development or operation

of a qualifying transportation facility.

"Local governmental entity."  A unit of government with less

than Statewide jurisdiction, or any officially designated public

agency or authority of the unit of government, that has the

responsibility for planning, construction, operation or

maintenance of or jurisdiction over a transportation facility.

The term includes, but is not limited to, a county, city,

township, borough, incorporated town, municipal authority, local

or regional planning organization, metropolitan transportation

authority, regional mobility authority or other political

subdivision or governmental entity created with less than

Statewide jurisdiction, or any combination of the entities

acting pursuant to 53 Pa.C.S. Pt. III Subpt. D (relating to area

government and intergovernmental cooperation) or a similar

statute.

"Local planning organization."  An entity whose jurisdiction

does not exceed the county in which it is located, and which is

charged with transportation planning responsibilities in the

area in which a qualifying transportation project is located.

"Material default."  Failure of an authorized development

entity or entities to perform any duties under a transportation

development agreement which jeopardizes delivery of adequate

service to the public and remains unsatisfied after a reasonable

period of time and after the authorized development entity or

entities has received written notice from the approving body or

bodies of the failure.

"Maximum rate of return."  The negotiated maximum rate of

return a private entity can receive as an authorized development

entity from the operating and nonoperating revenues of a

transportation facility pursuant to a transportation development

agreement, including any incidental receipts and other income

derived from the transportation facility covered by the

agreement.

"Municipality Authorities Act."  53 Pa.C.S. Ch. 56 (relating

to municipal authorities).

"Operate" or "operation."  Includes, but is not limited to,

the acts or functions of managing, controlling, maintaining,

repairing, conducting financial proceedings and other day-to-day

activities of an enterprise.

"Partnership."  An organization structured as a partnership

or joint venture and comprised of any combination of private

entities or public entities or both.

"Private entity."  A natural person, sole proprietorship,

corporation, company, association, syndicate, partnership,

limited liability company, business trust, public benefit

corporation, nonprofit entity or any other entity not

specifically listed in this definition entering into a

transportation development agreement with a proprietary public

entity for a qualifying transportation project.

"Proprietary public entity."  The public entity that owns the

proposed or existing transportation facility subject to a

transportation development agreement.

"Public entity."  The Commonwealth or any department,

commission, authority or agency thereof or any local government

entity. The term shall specifically include the State

Transportation Commission, the Department of Transportation and

the Pennsylvania Turnpike Commission. For purposes of this

chapter, the term does not include the General Assembly and its

members, officers or agencies or any court or other office or

agency of the Pennsylvania judicial system.

"Qualifying transportation project."  A proposed or existing

undertaking by an authorized development entity or entities for

the development or operation of a transportation facility

totally or partially within this Commonwealth.

"Regional mobility account."  A separate account of the

Commonwealth within the Pennsylvania Transportation Development

Trust Fund, under the custody of the State Treasurer, into which

transportation development revenues or other funds, including

surcharges imposed by the Commonwealth, may be deposited for

operation or development of regional transportation facilities.

"Regional mobility authority."  An authority or similar local

government entity created pursuant to 53 Pa.C.S. Pt. III Subpt.

D (relating to area government and intergovernmental

cooperation), 53 Pa.C.S. Ch. 56 (relating to municipal

authorities) or other Commonwealth statute and recognized under

this chapter and regulations issued by the State Transportation

Commission for the purpose of promoting regional transportation

development.

"Regional planning organization."  An entity with multicounty

jurisdiction and designated under Federal or State law with

transportation planning responsibilities in the region in which

a qualifying transportation project is located.

"Request for proposals."  All materials and documents

prepared by or on behalf of a public entity to solicit proposals

from public or private entities to enter into a transportation

development agreement for a qualifying transportation project as

set forth in this chapter.

"Right-to-Know Law."  The act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law.

"Separations Act."  The act of May 1, 1913 (P.L.155, No.104),

entitled "An act regulating the letting of certain contracts for

the erection, construction, and alteration of public buildings."

"State Adverse Interest Act."  The act of July 19, 1957

(P.L.1017, No.451), known as the State Adverse Interest Act.

"State advisor."  An entity as defined in section 2 of the

act of July 19, 1957 (P.L.1017, No.451), known as the State

Adverse Interest Act.

"State consultant."  An entity as defined in section 2 of the

act of July 19, 1957 (P.L.1017, No.451), known as the State

Adverse Interest Act.

"Transportation Commission."  The State Transportation

Commission of the Commonwealth established under section 468 of

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

"Transportation development agreement."  A lease, license,

franchise, easement, concession or other binding agreement

transferring rights for the use or control, in whole or in part,

of a transportation facility by a proprietary public entity to

an authorized development entity or entities for a definite term

during which the authorized development entity or entities will

provide transportation-related services, including, but not

limited to, any one or more of the following: operations and

maintenance, revenue collection, toll collection enforcement,

design, construction, development and other activities with

respect to existing or new transportation facilities that

enhance throughput, reduce congestion, improve safety or

otherwise manage or improve a transportation facility in return

for the right to receive all or a portion of the revenues of the

transportation facility.

"Transportation development revenues."  Money generated from

or received in support of the development or operation of a

qualifying transportation project, including, but not limited

to, user fees, service payments, surcharges, lease payments,

governmental appropriations or grants, proceeds of debt or

equity issuance, income from operations and earnings on

investments.

"Transportation facility."  A road, bridge, tunnel, overpass,

ferry, busway, guideway, other public transportation facility,

vehicle parking facility, port facility, multimodal

transportation facility, airport, station, hub, terminal or

similar facility used for the transportation of persons, animals

or goods, together with any buildings, structures, parking

areas, appurtenances and other property needed to operate the

facility. The term includes any improvements or substantial

enhancements thereto.

"User fees."  Rates, tolls, fees or other charges imposed or

collected by an authorized development entity or entities for

use of all or a portion of a transportation facility pursuant to

a transportation development agreement.

§ 9104.  Transportation development agreements.

(a)  Authorization and approval.--Subject to the provisions

of this chapter and the approval of its governing body, a

proprietary public entity has full authority to enter into a

transportation development agreement with an authorized

development entity or entities governing the development or

operation of all or any portion of a transportation facility,

except that, if the transportation development agreement results

in the proprietary public entity disposing of or relinquishing

its control of a transportation facility or pertains to a

transportation facility that receives Commonwealth funding, then

the transportation development agreement must also be reviewed

and approved by the Transportation Commission before the

proprietary public entity can enter into the agreement.

(b)  Project activities authorized.--Subject to the

requirements of this chapter, a transportation development

agreement may provide for the authorized development entity or

entities to be partially or entirely responsible for any one or

more of the following activities: planning, design, development,

construction, reconstruction, improvement, extension or

expansion, operation, repair, maintenance, management, revenue

collection or financing of a transportation facility.

(c)  Repositories for materials.--The Transportation

Commission shall serve as the primary repository for all

materials relating to the review and approval of transportation

development agreements that involve transportation facilities

that receive funding from the Commonwealth or result in the

proprietary public entity disposing of or relinquishing its

control over the transportation facilities. Otherwise, the

proprietary public entity shall serve as the repository for

materials relating to the review of transportation development

agreements which do not require the approval of the

Transportation Commission.

§ 9105.  Proposals for transportation development agreements.

(a)  Solicited proposals.--Before entering into a

transportation development agreement, the proprietary public

entity must issue a request for proposals as set forth in this

subsection. If the proposal being requested is subject to

Transportation Commission review and approval pursuant to

section 9104(a) (relating to transportation development

agreements), the request for proposals must be authorized and

issued jointly by the proprietary public entity and the

Transportation Commission. Any request for proposals shall use a

competitive procurement process that selects the authorized

development entity whose proposal provides the best value for

the proprietary public entity and for the Commonwealth. Notice

of any such request for proposals shall be published in the

Pennsylvania Bulletin and posted or published in whatever other

medium is regularly used by the proprietary public entity for

procurement matters. A request for proposals issued under this

subsection shall include the following:

(1)  The minimum scope and content of the information to

be provided by the respondent.

(2)  The factors or criteria that will be used by the

approving body or bodies in evaluating the proposals and the

deadline for submitting the proposal.

(3)  A statement concerning the scope and location of the

proposed project.

(4)  A statement concerning any other information that

the approving body or bodies may consider in evaluating the

proposals.

(5)  A statement indicating that if clarification is

needed in the evaluation of the proposals, the proprietary

public entity, together with the Transportation Commission if

its approval is required, may negotiate specific provisions

with the prospective authorized development entity that

submitted the proposal pursuant to the request for proposals.

(b)  Unsolicited proposals.--A proprietary public entity may

entertain and accept for review unsolicited proposals submitted

by public or private entities for a qualifying transportation

project. To the extent a proposal is subject to Transportation

Commission review and approval pursuant to section 9104(a), the

proposal shall also be submitted to the Transportation

Commission. For proposals not subject to Transportation

Commission approval, proprietary public entities may establish

rules and procedures for accepting unsolicited proposals and may

set forth the information required to be included in unsolicited

proposals submitted by public or private entities. The

Transportation Commission shall be responsible for establishing

rules and procedures for unsolicited proposals subject to its

approval, which shall include a review and response period not

exceeding 135 days from receipt of the unsolicited proposal for

any proposal with an estimated cost of construction greater than

$50,000,000. If an unsolicited proposal is deemed to be in

compliance with the rules and procedures as established by the

appropriate approving body and if the public entity or entities

so desire to pursue the proposed qualifying transportation

project, the proprietary public entity, jointly with the

Transportation Commission if its approval is required, must

publish a request for competing proposals in accordance with

subsection (a). Responses to requests for proposals issued in

response to the favorable review of a proposal under this

subsection shall be returned to the commission or proprietary

public entity within 60 days.

(c)  Discussions and negotiations with proposing entities.--A

proprietary public entity, and the Transportation Commission

where its approval is required, may conduct discussions and

negotiations with public or private entities which have

submitted solicited or unsolicited proposals for the purpose of

clarification to assure full understanding of the proposals or

the responsiveness of solicited proposals to solicitation

requirements.

(d)  Design build development; Separations Act

inapplicable.--Notwithstanding any other provision of law to the

contrary:

(1)  any proposal made pursuant to this chapter may

provide for the design build mode of infrastructure

development; and

(2)  in no event shall an authorized development entity

or entities be subject to the requirements of the Separations

Act in connection with a transportation development agreement

authorized pursuant to this chapter.

(e)  Federal credit assistance.--The approving body or bodies

and affected local jurisdictions may apply for, execute or

endorse applications by prospective authorized development

entities to obtain Federal credit assistance for a qualifying

transportation project.

(f)  Adverse interests of proposing private entity.--

(1)  Except as provided in paragraph (2), a private

entity which is a State advisor or State consultant for the

Transportation Commission, the department, the Pennsylvania

Turnpike Commission or any other proprietary public entity

shall not be deemed to be in violation of the State Adverse

Interest Act if the private entity:

(i)  prepares or submits a proposal or a response to

a request for proposals under this section;

(ii)  negotiates or enters into a transportation

development agreement; or

(iii)  engages in other activities in furtherance of

the provisions or purposes of this chapter.

(2)  A private entity which submits an unsolicited

proposal or a response to a request for proposals shall be

prohibited from providing advice to the Transportation

Commission, the department, the Pennsylvania Turnpike

Commission or a proprietary public entity on its proposal,

any competing proposal or a request for proposals for which

it has submitted a response.

(g)  Fees.--The approving body or bodies may require that a

nonrefundable fee accompany any solicited or unsolicited

proposal submitted pursuant to this section to cover all or part

of the costs of processing, reviewing and evaluating the

proposal.

(h)  Confidentiality of records.--To encourage public and

private entities to submit proposals under subsections (a) and

(b), the following information shall be considered confidential

and shall not be considered a public record subject to

disclosure, public inspection or copying under the Right-to-Know

Law, or any other act, until a final transportation development

agreement for a proposed qualifying transportation project is

entered into:

(1)  All or part of a proposal, whether solicited or

unsolicited, submitted by a public or private entity or any

partnership of the entities for a proposed qualifying

transportation project, except information regarding the

scope, location and limits of the project and information

pertaining to a public or private entity's qualifications,

experience, technical competence and capability to develop

the project.

(2)  Information and records created during any

discussions or negotiations arising from the process as

described in subsection (c).

(i)  Disclosure of records.--Notwithstanding subsection (h),

after a transportation development agreement has been entered

into, the entire selected proposal shall be considered a public

record for purposes of disclosure under the Right-to-Know Law.

Promptly after a transportation development agreement has been

entered into, the approving body or bodies shall also make

available for inspection and copying by the public a summary of

the terms of the selected proposal and a written explanation of

the basis upon which the selection was made. Proprietary

information contained in proposals not selected and records of

negotiations with private entities not selected shall continue

to be exempt from public disclosure.

§ 9106.  Review and selection of proposals.

(a)  Timing of review.--For proposals subject to its

approval, the Transportation Commission, in conjunction with the

department, by published regulations shall promulgate procedures

and guidelines that establish the process for the review and

selection of a proposal submitted pursuant to section 9105(a)

and (b) (relating to proposals for transportation development

agreements). The department shall publish interim guidelines

within six months of the effective date of this section and

shall publish final regulations within two years of the

effective date of this section. The guidelines shall establish:

(1)  a specific schedule for the timing of the review of

the proposals by the approving body or bodies designed with a

high priority placed upon a review schedule requiring less

than 135 days;

(2)  a process for alteration of that schedule if the

approving body or bodies deem that changes are necessary

because of the scope or complexity of proposals received; and

(3)  the type and amount of information that is necessary

for adequate review of proposals. A proprietary public entity

shall promulgate its own procedures and guidelines for the

review and selection of proposals which do not require

Transportation Commission approval.

(b)  Asset valuation.--In evaluating any submitted proposal,

the approving body or bodies may rely on internal reports

prepared by staff familiar with the operation of similar

transportation facilities or may engage the services of the

private consultants, engineers and other experts as the

approving body or bodies determine are necessary or desirable

for the purposes of performing the evaluations. As part of each

evaluation of any submitted proposal, the approving body or

bodies shall be required to obtain a financial and valuation

assessment with respect to the proposed qualifying

transportation project from a qualified independent advisor with

experience and expertise with similar transportation facilities.

(c)  Factors for review and selection of proposals.--The

appropriate approving body or bodies may consider the following

factors in reviewing and selecting a proposal to enter into a

transportation development agreement:

(1)  the ability of the qualifying transportation project

to improve safety, reduce congestion, increase capacity and

promote economic growth;

(2)  the compatibility of the proposal with existing

local or regional land use plans or the commitment of local

communities to approve plans in preparation for the proposed

project;

(3)  the proposed cost of and financial plan for the

qualifying transportation project;

(4)  the general reputation, qualifications, industry

experience and financial capacity of the entity or entities

submitting the proposal;

(5)  the proposed design, operation and feasibility of

the qualifying transportation project;

(6)  comments from local citizens and affected local

jurisdictions;

(7)  benefits to the public;

(8)  the safety record of the entity or entities

submitting the proposal; and

(9)  other criteria that the approving body or bodies

deem appropriate.

§ 9107.  Affected local jurisdictions.

The Transportation Commission by published regulations shall

promulgate procedures and guidelines that establish a process in

which affected local jurisdictions receive notice of a proposed

qualifying transportation project and have an opportunity to

provide input regarding the project before a transportation

development agreement is executed. For proposed qualifying

transportation projects which do not require approval of the

Transportation Commission under section 9104(a) (relating to

transportation development agreements), the proprietary public

entity shall promulgate its own procedures and guidelines by

which affected local jurisdictions receive notice of a proposed

qualifying transportation project and have an opportunity to

provide input prior to the execution of a transportation

development agreement.

§ 9108.  Terms and conditions of transportation development

agreements.

(a)  Proprietary public entity and authorized development

entity negotiations.--Except as otherwise expressly provided in

section 9105 (relating to proposals for transportation

development agreements) and this section, a proprietary public

entity may enter into a transportation development agreement

with an authorized development entity or entities without regard

to the provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth

Procurement Code). The proprietary public entity and authorized

development entity or entities are expressly authorized to

negotiate the provisions of a transportation development

agreement.

(a.1)  Interim agreement.--Prior to completion of a

transportation development agreement, a proprietary public

entity and an authorized development entity may negotiate an

interim agreement for the purpose of further defining project

planning and development, advance right-of-way acquisition,

design and engineering, environmental analysis and mitigation,

surveying, conducting transportation and revenue studies and

ascertaining the availability of financing for the proposed

qualifying transportation facility or facilities. The interim

agreement may also establish the process and timing of the

negotiation of the comprehensive agreement and any other

provisions related to any aspect of the development or operation

of a qualifying transportation facility that the parties may

deem appropriate.

(b)  Required provisions.--A transportation development

agreement entered into under this chapter shall provide for the

following:

(1)  a process by which the authorized development entity

or entities implements, sets and adjusts any user fees on any

transportation facility;

(2)  the methodologies, indices or other factors for the

setting and adjusting of user fees;

(3)  the original term of the transportation development

agreement, which may not exceed 50 years;

(4)  dates for the beginning and completion of

construction of or improvements to the qualifying

transportation project;

(5)  the transportation facility acquired or constructed

pursuant to a transportation development agreement is public

property that is leased to the authorized development entity

and belongs to the proprietary public entity;

(6)  that upon termination of the transportation

development agreement, the transportation facility must be in

a state of proper maintenance and repair and shall be

returned to the proprietary public entity in satisfactory

condition at no further cost to the public entity;

(7)  maintenance of a policy or policies of liability

insurance, copies of which shall be filed with the

proprietary public entity accompanied by proofs of coverage

or self insurance, each in form and amount satisfactory to

the proprietary public entity and reasonably sufficient to

insure coverage of tort liability to the public and employees

and to enable the continued operation of the transportation

facility; and

(8)  that the authorized development entity shall comply

with the act of August 15, 1961 (P.L.987, No.442), known as

the Pennsylvania Prevailing Wage Act, and 62 Pa.C.S. § 107 

(relating to reciprocal limitations).

§ 9109.  Material default; remedies.

(a)  General rule.--Upon the occurrence and during the

continuation of a material default of a transportation

development agreement by an authorized development entity or

entities, the approving body or bodies may:

(1)  Elect to take over the transportation facility which

is the subject of the transportation development agreement,

including the succession of all right, title and interest in

the transportation facility, subject to any liens on revenues

previously granted by the authorized development entity or

entities.

(2)  Terminate the transportation development agreement

and exercise any other rights and remedies that may be

available.

(b)  Takeover.--In the event that the approving body or

bodies elect to take over a transportation facility under

subsection (a), the approving body or bodies:

(1)  Shall collect and pay any revenues that are subject

to lien to satisfy any obligation.

(2)  May develop and operate the transportation facility,

impose user fees for the use of the transportation facility

and comply with any service contracts.

(3)  May solicit proposals for the maintenance and

operation of the transportation facility under section 9105

(relating to proposals for transportation development

agreements).

§ 9110.  Financing qualifying transportation projects.

(a)  User fees.--

(1)  Each transportation development agreement shall

authorize the authorized development entity or entities to

impose user fees for use of the transportation facility.

Unless specifically prohibited in the transportation

development agreement, the authorization shall permit the

imposition of user fees on transportation facilities not

currently subject to user fees, subject to compliance with

applicable Federal and State law and approval by the

Transportation Commission.

(2)  The transportation development agreement may

authorize the authorized development entity or entities to

collect tolls or user fees through both conventional methods

and nonconventional methods, including, but not limited to,

automatic vehicle identification systems, electronic toll

collection systems and, to the extent permitted by law,

video-based toll-collection enforcement.

(3)  A maximum rate of return on investment shall be

negotiated by the proprietary public entity and the

authorized development entity or entities and stated in the

transportation development agreement.

(4)  After expiration of the original term of the

transportation development agreement, the proprietary public

entity may continue to charge user fees for the use of the

transportation facility.

(5)  User fees under a transportation development

agreement shall generally be uniform for similar persons and

vehicles traveling under like conditions, except as may be

required to mitigate congestion on and preserve capacity of

the transportation facility which is the subject of the

transportation development agreement.

(b)  Bonding authority.--A proprietary public entity or

authorized development entity or entities may authorize the

issuance of debt, equity or other securities or obligations to

pay all or part of the costs of a qualifying transportation

project and may secure any such financing with a pledge of,

security interest in or lien on any of the user fees charged and

collected for the use of the transportation facility. However,

any bonds, debt, other securities or other financing issued for

the purposes of this chapter shall be limited obligations of the

proprietary public entity or authorized development entity or

entities and shall not be considered to constitute a debt of the

Commonwealth or any political subdivision thereof or a pledge of

the full faith and credit of the Commonwealth or any political

subdivision thereof.

(c)  Limited recourse bonds backed by pledge of portion of

Motor License Fund revenues.--(Reserved).

§ 9111.  Power of eminent domain.

At the request of an authorized development entity or

entities, the proprietary public entity or an affected local

jurisdiction otherwise possessing the power of eminent domain

may exercise that power for the purpose of acquiring any real

property or interests therein deemed necessary to advance the

development or operation of a qualifying transportation project.

Any amounts payable in any such eminent domain proceeding may be

paid by the proprietary public entity or the authorized

development entity or entities.

§ 9112.  Police powers; motor vehicle laws.

(a)  Powers and jurisdiction.--All law enforcement officers

of the Commonwealth and each affected local jurisdiction shall

have the same powers and jurisdiction within the limits of a

qualifying transportation project as they have in their

respective areas of jurisdiction, and law enforcement officers

shall have access to the qualifying transportation project at

any time for the purpose of exercising their law enforcement

powers and jurisdiction.

(b)  Enforcement of traffic laws.--To the extent the

qualifying transportation project includes a highway, bridge,

tunnel, overpass or similar transportation facility for motor

vehicles, the traffic and motor vehicle laws of this

Commonwealth or, if applicable, any local jurisdiction shall be

the same as those applying to conduct on similar transportation

facilities in the Commonwealth or the local jurisdiction.

(c)  Payment of law enforcement costs.--The authorized

development entity or entities shall be responsible for the

payment of all costs associated with the provision of law

enforcement services pursuant to subsections (a) and (b) within

the limits of a qualifying transportation project.

(d)  Fines.--Fines imposed by law enforcement officers for

violations occurring within the limits of a qualifying

transportation project shall be imposed, collected, distributed

and governed as otherwise provided by applicable law.

§ 9113.  Taxation of authorized development entity or entities.

(a)  General rule.--To the extent that revenues or user fees

received by an authorized development entity or entities are

subject to any tax imposed by a political subdivision prior to

the effective date of this chapter, the revenues or user fees

shall continue to be subject to the tax and to future increases

in the rate of the tax.

(b)  New taxation barred.--After the effective date of this

chapter, no new tax shall be imposed by a political subdivision

on the revenues or user fees received by an authorized

development entity or entities.

(c)  Realty transfer tax.--No transportation development

agreement, lease, concession, franchise or other contract

involving real property of a qualifying transportation project

shall be subject to any Commonwealth or local realty transfer

tax imposed under the act of December 31, 1965 (P.L.1257,

No.511), known as The Local Tax Enabling Act, the act of March

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or

a successor statute.

(d)  Property.--Property used in connection with a qualifying

transportation project shall be considered public property and

is exempt from ad valorem property taxes and special assessments

levied against property by the Commonwealth or any political

subdivision.

§ 9114.  Pennsylvania Transportation Development Trust Fund.

(a)  Establishment of fund.--The Pennsylvania Transportation

Development Trust Fund is established separate and distinct from

the General Fund of the Commonwealth. Interest earned on moneys

held in the fund shall be credited to the fund. The

Transportation Commission shall hold, administer and manage the

fund, and expenses of administering the fund shall be paid from

money in the fund.

(b)  Separate accounts.--Within the fund, separate accounts

and subaccounts may be established.

(c)  Deposits.--Subject to the provisions of a transportation

development agreement, the following moneys may be deposited

into the fund:

(1)  Payments received from an authorized development

entity or entities under a transportation development

agreement.

(2)  Revenues received from a qualifying transportation

project pursuant to a transportation development agreement

with an authorized development entity or entities.

(3)  Excess earnings over the negotiated maximum rate of

return for an authorized development entity or entities in a

transportation development agreement.

(4)  Surcharges or other service fees or user fees which

may be imposed or levied by the Commonwealth on passenger or

commercial travel.

(5)  Appropriations, if any, made by the General

Assembly.

(6)  Interest, premiums, gains or other earnings on the

fund.

(7)  Any other moneys from any sources, public or

private, that are done by donation, grant, contract, law or

other means transferred, allocated or appropriated to the

fund.

(d)  Permitted uses.--

(1)  The fund shall be a separate trust fund to be

appropriated and used by the Transportation Commission, upon

majority vote thereof, solely for the operation and

development of transportation facilities wholly or partly

within this Commonwealth. Included as a permitted use of fund

moneys is the funding of regional mobility authorities

designated by the Transportation Commission.

(2)  Money may not be transferred, assigned or otherwise

removed from the fund except by the Transportation Commission

and not by the General Assembly or any other agency,

authority or other political subdivision of the Commonwealth.

(3)  Money in the fund at the end of the fiscal year

shall not revert to the General Fund.

§ 9115.  Regional mobility account, etc. (Reserved).

§ 9116.  Regional mobility authority.

A regional mobility authority shall be eligible to receive

transportation development revenues directly from the fund or

from a regional mobility fund. An existing local governmental

entity shall be eligible for designation as a regional mobility

authority upon application to the Transportation Commission.

§ 9117.  Turnpike lease restricted.

The Pennsylvania Turnpike, its additions and lease properties

may not be subject to a transfer of oversight responsibilities

through a lease, sale or other agreement unless specific

authority is granted through an act of law passed by a majority

of members of the General Assembly. This section shall not

restrict the ability of the Pennsylvania Turnpike Commission or

the Transportation Commission to consider and approve

partnership agreements which do not require a transfer of

operational oversight from the Pennsylvania Turnpike Commission.

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