AN ACT

 

1Requiring certain large mass transit agencies to purchase buses
2that meet certain criteria within a specific implementation 
3schedule; and providing for the powers and duties of the 
4Department of Transportation.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Public
9Transportation and Natural Gas Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Bus." A motor vehicle designed for carrying 15 or more
15passengers, exclusive of the driver, and used for the
16transportation of persons for compensation.

1"Department." The Department of Transportation of the
2Commonwealth.

3"Large mass transit agency." A mass transit agency in this
4Commonwealth that:

5(1) <-Exceeds exceeds 245,000 revenue vehicle hours for
6two consecutive years as defined in 74 Pa.C.S. § 1503
7(relating to definitions)<-.; and

8(2) <-Provides provides regularly scheduled transportation
9that is available to the general public and is provided
10according to published schedules along designated published
11routes with specified stopping points for the taking on and
12discharging of passengers, including public buses. The term
13does not include a commuter rail system, exclusive ride taxi
14service, charter or sightseeing service, nonpublic
15transportation, school bus or limousine service.

16"Natural gas." Gas issued from the Earth's crust through
17natural openings or bored wells and that is typically a
18combustible mixture of methane and other hydrocarbons used
19chiefly as a fuel and raw material. The term includes the
20compressed form and liquefied form of natural gas.

<-21Section 3. New bus requirements.

22(a) General rule.--When purchasing a new bus, a large mass
23transit agency must purchase a bus that:

24(1) Is manufactured in the United States of America.

25(2) Uses natural gas as its fuel source.

26(3) Complies with the implementation schedule stated in
27subsection (b).

28(b) Implementation schedule.--New bus purchases by a large
29mass transit agency under subsection (a) shall be made according
30to the following schedule:

1(1) In calendar years 2013 through 2017, inclusive, no
2less than 25% of all new buses purchased shall use natural
3gas as their fuel source.

4(2) In calendar years 2018 through 2022, inclusive, no
5less than 50% of all new buses purchased shall use natural
6gas as their fuel source.

7(3) In calendar years 2023 through 2027, inclusive, no
8less than 75% of all new buses purchased shall use natural
9gas as their fuel source.

10(4) In calendar year 2028 and each calendar year
11thereafter, 100% of all new buses purchased shall use natural
12gas as their fuel source.

13Section 4. Enforcement.

14The department shall investigate compliance with and enforce
15the provisions of this act.

<-16Section 3. Feasibility.

17(a) General rule.--

18(1) The department, as soon as practicable, upon the
19effective date of this section, shall complete a feasibility
20analysis, either independently or with a private or nonprofit
21entity or business or college or university, to determine the
22following:

23(i) A cost-benefit analysis to transition existing
24bus fleet, or a portion of existing bus fleet based upon
25existing facility and space constraints for fueling
26stations, to compressed or liquefied form of natural gas,
27or both.

28(ii) Infrastructure changes and costs associated
29with either the construction of new facilities or the
30retrofitting of existing facilities to appropriately fuel

1and store a compressed or liquefied form of natural gas
2buses, or both.

3(2) The department shall submit a copy of the final
4feasibility analysis to the chairman and minority chairman of
5the Transportation Committee of the Senate and the chairman
6and minority chairman of the Transportation Committee of the
7House of Representatives.

8(3) The department shall determine whether the
9feasibility analysis outlined in paragraph (1) shall study
10the potential transition to compressed natural gas, liquid
11natural gas or both forms of natural gas and the other
12material parameters for the feasibility analysis.

13(4) If the large mass transit agency, based upon the
14feasibility analysis as outlined in paragraphs (1) and (3),
15determines an effective transition to compressed or liquefied
16natural gas buses, in whole or in part, can be completed and
17it is determined that a dedicated funding source has been
18identified or secured to build the infrastructure for the
19large mass transit agency to safely utilize natural gas, the
20large mass transit agency shall then communicate with the
21department to develop, coordinate and initiate a reasonable
22and effective method and schedule to convert or purchase
23buses, in whole or in part, that utilize natural gas. If the
24mass transit agency, based upon the feasibility analysis
25outlined in paragraph (1), determines that it cannot
26effectively transition to compressed or liquefied natural gas
27buses, in whole or in part, due to a lack of a dedicated
28funding source necessary to build the infrastructure needs or
29for other legitimate and good faith reasons set forth in the
30analysis, the large mass transit agency shall not be

1obligated to convert or purchase buses, in whole or in part,
2that utilize natural gas.

3(b) Exceptions.--Nothing in this section shall require a
4large mass transit agency to transition to compressed or
5liquefied natural gas buses, in whole or in part, if any one of
6the following is met:

7(1) The large mass transit agency would have to obtain a
8bond, loan or incur other long-term debt to complete the
9transition, except for any loan specifically designed by law
10for this purpose, such as contained in the act of ,
11(P.L. , No. ), known as the Clean Transit Act, or
12other similar legislation.

13(2) The large mass transit agency would have to reduce
14its existing mass transit services or lay off existing
15employees to complete the transition.

16(3) The transition to compressed or liquefied natural
17gas buses would violate any Federal law, regulation or grant
18agreement with the Federal Transit Administration as a
19condition to receiving and continuing to receive Federal
20transit financial assistance, including, but not limited to,
21the applicable provisions of Title VI of the Civil Rights Act
22of 1964 (Public Law 88-352, 78 Stat. 241).

23(4) The transition to compressed or liquefied natural
24gas buses would violate any other State or local law,
25regulation or ordinance.

26(5) The large mass transit agency intends to design, 
27build, operate and maintain a combined heating and power 
28plant which would utilize a combustion turbine engine to burn 
29natural gas that produces electricity for a traction power 
30substation on a regional rail line and the combined heating 

1and power plant would utilize approximately 500,000 MMBtu per 
2year or the equivalent to the consumption of over 300 
3compressed natural gas buses.

4Section <-5 4. Regulations.

5The department shall promulgate rules and regulations as
6necessary to implement and administer the provisions of this
7act.

8Section <-6 20. Effective date.

9This act shall take effect in 60 days.

 

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