S0001B1145A01955 JKL:JB 06/04/13 #90 A01955







Printer's No. 1145


1Amend Bill, page 1, line 5, by inserting after
2"contributions; "

3in administrative practice and procedure, further providing
4for minority and women-owned business participation;

5Amend Bill, page 1, line 10, by inserting after "for" where
6it occurs the second time

7 Alternative Energy Capital Investment Program and for

8Amend Bill, page 1, line 11, by inserting after "funding;"

9 in airport operation and zoning, further providing for the
10imposition of a rental car customer facility charge by a city of
11the first class, for the collection of the customer facility
12charge on behalf of the city by rental car companies leasing
13space or obtaining customers at an international airport, for
14use of the proceeds of the rental car customer facility charge
15for the development, maintenance and operation of a consolidated
16rental car facility to improve services to the public at the
17airport; for an agreement between a city of the first class and
18rental car companies relating to the development and use of the
19consolidated car rental facility and for the administration and
20enforcement of the rental car customer facility charge;

21Amend Bill, page 4, by inserting between lines 8 and 9

22(12) In furtherance of the Commonwealth's energy policy,
23which includes becoming independent from overreliance on
24foreign energy sources, programs must be established to
25promote reliance on or conversion to alternative energy
26sources, including the vast natural gas supply of this

28Amend Bill, page 4, line 9, by striking out "(12)" and


1Amend Bill, page 6, by inserting between lines 3 and 4

2Section 1.1. Section 303 of Title 74 is amended to read:

3§ 303. [Minority and women-owned] Diverse business

5(a) General rule.--In [administering] bidding and awarding 
6contracts for transportation projects funded pursuant to the
7provisions of this title or Title 75 (relating to vehicles), the
8department, the commission and any local transportation
9organization shall:

10(1) Be responsible for ensuring that all competitive
11contract opportunities issued by the department, the 
12commission or local transportation organization seek to
13maximize participation by [minority-owned and women-owned
14businesses and other disadvantaged] diverse businesses.

15(1.1) Include in information and bid documents released
16for bidding or solicitation on all competitive contracting
17opportunities notice to the bidder that:

18(i) A prime contractor is required to document and
19submit all good faith efforts to solicit subcontractors
20from diverse businesses during the prebid and bidding
21process, which shall be evaluated by contracting

23(ii) The prime contractor must include in the bid
24the name and business address of each subcontractor
25certified as a diverse business that will perform work or
26labor, or render services to the prime contractor in
27connection with the performance of the contract.

28(2) [Give] Encourage contractors to utilize and give
29consideration[, when possible and cost effective,] to
30contractors offering to utilize [minority-owned and women-
31owned businesses and disadvantaged] diverse businesses in the
32selection and award of contracts.

33(3) Ensure that the department's, the commission's and
34local transportation organizations' commitment to [the
35minority-owned and women-owned business program]
36participation by diverse businesses is clearly understood and
37appropriately implemented and enforced by all applicable
38department, commission and local transportation organization

40(4) Designate a responsible official to supervise the
41department, the commission and local transportation
42organization [minority-owned and women-owned] diverse
43business program and ensure compliance within the department, 
44the commission or local transportation organization.

45(5) [Furnish the Department of General Services, upon
46request, all requested information or assistance.]

48(6) [Recommend sanctions to the Secretary of General
49Services,] Impose sanctions as may be appropriate under 62

1Pa.C.S. Pt. I (relating to Commonwealth Procurement Code),
2against businesses that fail to comply with this section or
3the policies of the Commonwealth [minority-owned and women-
4owned] diverse business [program] programs. This paragraph
5shall not apply to a local transportation organization.

6(a.1) Additional duties of department.--The department, with
7the assistance of the Disadvantage Business Enterprise
8Supportive Services Center, shall have the following duties:

9(1) Conduct the necessary and appropriate outreach,
10including using the database available on the Internet
11website of the Department of General Services, for purposes
12of identifying diverse businesses in general construction
13capable of performing contracts subject to this section.

14(2) By October 1, 2014, and each October 1 thereafter,
15submit a report to the chairman and minority chairman of the
16Transportation Committee of the Senate and the chairman and
17minority chairman of the Transportation Committee of the
18House of Representatives summarizing the participation level
19of diverse businesses in all competitive contract
20opportunities issued by the department, the commission or
21local transportation organization. The commission or local
22transportation organization shall cooperate with the
23department to complete the report. The report shall include:

24(i) The percentage of participation by diverse

26(ii) The total value of all contracts or
27subcontracts or other procurement contracts executed by
28diverse businesses pursuant to this section in the prior

30(iii) The number of businesses penalized for
31violating this section.

32(3) Transmit the report under paragraph (2) to the
33Minority Business Development Authority, established under
34the act of July 22, 1974 (P.L.598, No.206), known as the 
35"Pennsylvania Minority Business Development Authority Act." 
36The authority shall review the report to assess the 
37effectiveness in advancing this section and to make any 
38recommendations for changes in this section deemed necessary 
39or desirable to the secretary and the chairman and minority 
40chairman of the Transportation Committee of the Senate and
41the chairman and minority chairman of the Transportation 
42Committee of the House of Representatives.

43(a.2) Applicability.--The following shall apply to
44contractors and contracts subject to subsection (a):

45(1) The provisions of 62 Pa.C.S. § 2108 (relating to
46compliance with Federal requirements).

47(2) Prompt payment policies between a contractor and
48subcontractor adopted by the Department of General Services
49pursuant to 62 Pa.C.S. Pt. I.

50(b) Definitions.--As used in this section, the following
51words and phrases shall have the meanings given to them in this


2"Commission." As defined in section 8102 (relating to

4"Disadvantaged business." A business that is owned or
5controlled by a majority of persons, not limited to members of
6minority groups, who are subject to racial or ethnic prejudice
7or cultural bias.

8"Diverse business." A disadvantaged business, minority-owned
9or women-owned business or service-disabled veteran-owned or
10veteran-owned small business.

11"Local transportation organization." Any of the following:

12(1) A political subdivision or a public transportation
13authority, port authority or redevelopment authority
14organized under the laws of this Commonwealth or pursuant to
15an interstate compact or otherwise empowered to render,
16contract for the rendering of or assist in the rendering of
17transportation service in a limited area in this
18Commonwealth, even though it may also render or assist in
19rendering transportation service in adjacent states.

20(2) A nonprofit association that directly or indirectly
21provides public transportation service.

22(3) A nonprofit association of public transportation
23providers operating within this Commonwealth.

24"Minority-owned business." A business owned and controlled
25by a majority of individuals who are African Americans, Hispanic
26Americans, Native Americans, Asian Americans, Alaskans or
27Pacific Islanders.

28"Service-disabled veteran-owned small business." As defined
29in 51 Pa.C.S. § 9601 (relating to definitions).

30"Veteran-owned small business." As defined in 51 Pa.C.S. §
319601 (relating to definitions).

32"Women-owned business." A business owned and controlled by a
33majority of individuals who are women.

34Amend Bill, page 6, line 17, by inserting after "assistance"

35, including the funds received under section 1517.1
36(relating to Alternative Energy Capital Investment

38Amend Bill, page 8, by inserting between lines 20 and 21

39(5.1) If, by July 1, 2021, legislation is not enacted to
40replace the revenue deposited in the fund under subsection
41(b)(1), in fiscal year 2021-2022 and in each fiscal year
42thereafter, the following shall apply:

43(i) An amount equal to that revenue shall be
44deposited in the fund.

45(ii) Notwithstanding any other provision of law,
46the source of the revenue deposited in the fund under 
47this paragraph shall be the receipts from the tax 
48collected under section 238 of the Tax Reform Code on

1motor vehicles, trailers and semi-trailers.

2Amend Bill, page 11, by inserting between lines 29 and 30

3(5) For the program established under section 1517.1
4(relating to Alternative Energy Capital Investments Program),
5no more than $60 million of the revenues deposited in the
6fund under subsection (c) may be allocated from the fund.

7Amend Bill, page 21, by inserting between lines 3 and 4

8Section 8.1. Title 74 is amended by adding a section to

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 to an alternative energy
15source, including compressed natural gas.

16(b) Criteria.--The department shall establish criteria for
17awarding grants under this section. Criteria shall, at a
18minimum, include feasibility, cost/benefit analysis and project

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 transit organization's base operating
24allocation under section 1513 (relating to operating program) if
25necessary to stabilize an operating budget and ensure that
26efficient services may be sustained to support economic
27development and job creation and retention.

28Amend Bill, page 21, line 29, by striking out "$20,000,000"
29and inserting

30the amount allocated

31Amend Bill, page 22, line 7, by striking out "Money" and

33 Upon agreement of a majority among the chairman and minority
34chairman of the Transportation Committee of the Senate and of
35the chairman and minority chairman of the Transportation
36Committee of the House of Representatives, money

37Amend Bill, page 22, line 22, by striking out "Six" and

39 Ten

40Amend Bill, page 22, line 24, by striking out "Four" and

1 Five and one-half

2Amend Bill, page 22, line 26, by striking out "Four" and


5Amend Bill, page 22, by inserting between lines 27 and 28

6(5) Two million dollars for programs related to bicycle
7and pedestrian facilities.

8(6) The department may provide grants from money
9available under paragraph (7) for the following:

10(i) Projects which coordinate local land use with
11transportation assets to enhance existing communities.

12(ii) Streetscape, lighting, sidewalk enhancement,
13pedestrian safety and related projects.

14(iii) Projects improving connectivity or utilization
15of existing transportation assets.

16Amend Bill, page 22, line 28, by striking out "(5)" and

18 (7)

19Amend Bill, page 23, by inserting between lines 13 and 14

20Section 9.1. Chapter 59 of Title 74 is amended by adding a
21subchapter to read:




255931. Scope of subchapter.

265932. Definitions.

275933. Customer facility charge.

28§ 5931. Scope of subchapter.

29This subchapter relates to first class city consolidated
30rental car facilities.

31§ 5932. Definitions.

32The following words and phrases when used in this act shall
33have the meanings given to them in this section unless the
34context clearly indicates otherwise:

35"Airport." A public international airport located partially
36in a city of the first class and partially in an adjacent

38"Airport owner." Any of the following:

39(1) A city which owns and operates an airport.

40(2) An authority created by a city of the first class to
41own and operate an airport or any portion or activities of
42the airport.

43"Airport property." Property owned and operated by an
44airport owner, including property that is leased, licensed or

1available for use by the airport owner.

2"City." A city of the first class.

3"Concession agreement." A regulation, contract, permit,
4license or other agreement entered into between an airport owner
5and a vehicle rental company which includes the terms and
6conditions under which the company may transact its rental
7vehicle business at the airport or on airport property.

8"Customer facility charge." A fee assessed on each motor
9vehicle rental fee under this subchapter for the purpose of
10funding all or part of the cost of:

11(1) A rental facility.

12(2) A rental facility improvement.

13(3) The proportionate cost of a transportation system.

14(4) A rental facility operation and maintenance expense.

15"Motor vehicle." A private passenger motor vehicle that
16meets all of the following:

17(1) Is designed to transport not more than 15

19(2) Is rented for not more than 30 days without a

21(3) Is part of a fleet of at least five passenger
22vehicles used for the purpose under paragraph (2).

23(4) Is owned or leased by a vehicle rental company.

24"Rental facility." A consolidated facility for the use of a
25vehicle rental company to conduct business on airport property.

26"Rental facility agreement." An agreement entered into
27between an airport owner and a vehicle rental company which
28includes the following:

29(1) Location, scope of operations and general design of
30the rental facility, rental facility improvements and a
31transportation system which connects to a terminal or related

33(2) The manner in which the proceeds of the customer
34facility charge are to be used for the development,
35operation, maintenance and funding of a rental facility, a
36rental facility improvement, the proportionate cost of a
37transportation system and the cost of operations and

39(3) A procedure and requirement for a consultation
40regarding the implementation of this subchapter and the
41disclosure to vehicle rental companies of information
42relating to the collection and use of the customer facility

44(4) A methodology and procedure by which the amount of
45the customer facility charge will be calculated and adjusted.

46"Rental facility improvement." A facility or structure on
47airport property that is for the common use of vehicle rental
48companies. The term shall include planning, finance, design,
49construction, equipping or furnishing of the facility or

51"Rental facility operations and maintenance." The cost of

1operating and maintaining a rental facility, including the day-
2to-day cost.

3"Transportation system." A system which transports an
4arriving or departing vehicle rental customer between a terminal
5and related structure and the rental facility.

6"Vehicle rental company." A business entity which meets all
7of the following:

8(1) Is engaged in the business of renting a motor
9vehicle in this Commonwealth to a customer using airport

11(2) Operates from an on-airport or an off-airport

13§ 5933. Customer facility charge.

14(a) Imposition.--A city may impose a customer facility
15charge of not more than $8 per rental day on a customer renting
16a motor vehicle from a vehicle rental company doing business at
17an airport. A customer facility charge may:

18(1) be imposed notwithstanding the absence of authority
19in a regulation, on-airport concession agreement or off-
20airport concession agreement or permit; and

21(2) not affect the validity or enforceability of a
22concession agreement or permit.

23(b) Amendment.--The following shall apply:

24(1) After executing a rental facility agreement with
25each vehicle rental company, the following shall apply:

26(i) A city may increase or decrease the customer
27facility charge in an amount necessary to fund the costs
28as authorized under the rental facility agreement.

29(ii) The terms of the rental facility agreement may
30be amended upon agreement by the airport owner and each
31vehicle rental company no more than once per calendar

33(2) An amended rental facility agreement may authorize
34the increase or decrease of the amount of the customer
35facility charge to fund the current costs authorized under
36the rental facility agreement.

37(c) Enforcement.--The terms of a rental facility agreement
38may be interpreted and enforced by a court of competent
39jurisdiction through the imposition of a mandatory or
40prohibitive injunction. Monetary damages may not be awarded to a
41vehicle rental company or to a person required to pay the
42customer facility charge for a violation of the terms and
43conditions of the rental facility agreement.

44(d) Time limitation.--If a rental facility agreement is not
45executed within two years of the effective date of the
46implementation of the customer facility charge, a city may
47continue to impose and collect the customer facility charge
48authorized under subsection (a) or proceed, in consultation with
49the vehicle rental companies, to plan, design, finance and
50construct a facility to be used for the provision of vehicle
51rental service on airport property. The cost to a rental vehicle

1company of the facility and the proportionate cost of a
2transportation system under this subsection may not exceed the
3customer facility charge.

4(e) Additional cost.--A customer facility charge shall be in
5addition to other motor vehicle rental fees and taxes imposed
6under law, except that the customer facility charge may not
7constitute part of the purchase price of a motor vehicle rental
8imposed under any of the following:

9(1) Article II of the act of March 4, 1971 (P.L.6, 
10No.2), known as the Tax Reform Code of 1971.

11(2) The act of June 5, 1991 (P.L.9, No.6), known as the
12Pennsylvania Intergovernmental Cooperation Authority Act for
13Cities of the First Class.

14(3) A law similar to the statutes under paragraphs (1)
15and (2).

16(f) Collection.--The following shall apply:

17(1) A customer facility charge shall be:

18(i) collected from a customer by a vehicle rental
19company and held in a segregated trust fund for the
20benefit of the airport owner; and

21(ii) paid to an airport owner on or before the last
22day of the month following the month in which the
23customer facility charges are collected.

24(2) A customer facility charge may not constitute gross
25receipts or income of a vehicle rental company for the
26purpose of tax imposed by the Commonwealth, the city or a

28(3) Funds in a segregated trust fund under subsection
29(a) may not be pledged, subjected to a lien or encumbered by
30a vehicle rental company.

31(g) Use.--Proceeds of the customer facility charge shall be
32deposited by the airport owner into a segregated account to be
33used solely for:

34(1) The planning, development, financing, construction
35and operation of a rental facility.

36(2) A rental facility improvement.

37(3) The proportionate cost of a transportation system.

38(4) A rental facility operation and maintenance.

39(h) Pledge.--An airport owner may pledge customer facility
40charge revenues for any of the following:

41(1) The planning and design of a rental facility.

42(2) The creation and maintenance of reasonable reserves
43and for the payment of debt service for the planning and
44design of a rental facility.

45(i) Administration.--An airport owner may do any of the

47(1) Require a vehicle rental company to provide periodic
48statements of account, file returns, authorize payments and
49maintain records, in accordance with the vehicle rental
50company's obligations under this subchapter.

51(2) Conduct an examination to ensure a vehicle rental

1company's compliance with its obligations under this
2subchapter and may do the following:

3(i) Collect an amount due.

4(ii) Impose a lien and file a suit to recover an
5amount due.

6(iii) Grant a refund.

7(iv) Require the payment of an authorized addition
8to a customer facility charge, interest and penalty.

9(v) Adopt rules and regulations to implement this

11(vi) Seek criminal penalties, as provided for a city
12of the first class for the collection of taxes, for
13failure to comply with the requirements of this

15Amend Bill, page 87, line 17, by striking out "In" and

17Notwithstanding 42 Pa.C.S. § 3733(a) (relating to
18deposits into account), in

19Amend Bill, page 91, by inserting between lines 3 and 4

20(5) If, by July 1, 2021, legislation is not enacted to
21replace the revenue distributed from the fund under
22subsection (b)(2) and (3), in fiscal year 2021-2022 and in
23each fiscal year thereafter, the following shall apply:

24(i) An amount equal to that revenue shall be
25deposited in the fund.

26(ii) Notwithstanding any other provision of law,
27the source of the revenue deposited in the fund under
28this paragraph shall be the receipts from the tax
29collected under section 238 of the act of March 4, 1971 
30(P.L.6, No.2), known as the Tax Reform Code of 1971, on
31motor vehicles, trailers and semi-trailers.

32Amend Bill, page 92, lines 5 and 6, by striking out ", 
339502(a) and 9511(b) and (g)" and inserting

34and 9502(a)

35Amend Bill, page 92, line 24, by striking out "$3,000,000"
36and inserting


38Amend Bill, page 92, line 27, by striking out "$12,000,000"
39and inserting


1Amend Bill, page 93, line 17, by striking out "$20,000,000"
2and inserting

3at the discretion of the secretary, a minimum of 
4$20,000,000 and a maximum of $35,000,000

5Amend Bill, page 97, by inserting between lines 9 and 10

6Section 29.1. Section 9511(b) and (g) of Title 75 are 
7amended and the section is amended by adding a subsection to 

9Amend Bill, page 99, by inserting between lines 27 and 28

10(i) Refund to Pennsylvania Fish and Boat Commission.--

11(1) When the tax imposed by this chapter has been paid 
12and the fuel on which the tax has been imposed has been 
13consumed in the operation of motorboats or watercraft upon 
14the waters of this Commonwealth, including waterways 
15bordering on this Commonwealth, the full amount of the tax 
16shall be refunded to the Boat Fund on petition to the board 
17in accordance with prescribed procedures.

18(2) In accordance with such procedures, the Pennsylvania 
19Fish and Boat Commission shall biannually calculate the 
20amount of liquid fuels consumed by the motorcraft and furnish 
21the information relating to its calculations and data as 
22required by the board. The board shall review the petition 
23and motorboat fuel consumption calculations of the 
24commission, determine the amount of liquid fuels tax paid and 
25certify to the State Treasurer to refund annually to the Boat 
26Fund the amount so determined. The department shall be 
27accorded the right to appear at the proceedings and make its 
28views known.

29(3) For the fiscal years commencing July 1, 2013, July 
301, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the 
31money under paragraph (2) shall be used by the commission 
32acting by itself or by agreement with other Federal and State 
33agencies only for the improvement of hazardous dams 
34impounding waters of this Commonwealth on which boating is 
35permitted, including the development and construction of 
36boating areas and the dredging and clearing of water areas 
37where boats can be used. For the fiscal year commencing July 
381, 2018, and for each fiscal year thereafter, this money 
39shall be used by the commission acting by itself or by 
40agreement with other Federal and State agencies only for the 
41improvement of the waters of this Commonwealth on which 
42motorboats are permitted to operate and may be used for the 
43development and construction of motorboat areas; the dredging 
44and clearing of water areas where motorboats can be used; the 
45placement and replacement of navigational aids; the purchase, 
46development and maintenance of public access sites and

1facilities to and on waters where motorboating is permitted; 
2the patrolling of motorboating waters; the publishing of 
3nautical charts in those areas of this Commonwealth not 
4covered by nautical charts published by the United States 
5Coast and Geodetic Survey or the United States Army Corps of 
6Engineers and the administrative expenses arising out of such 
7activities; and other similar purposes.

8Amend Bill, page 100, line 25, by striking out "in 60 days."
9and inserting

10 as follows:

11(1) The addition of 74 Pa.C.S. Ch. 59 Subch. C shall 
12take effect immediately.

13(2) This section shall take effect immediately.

14(3) The remainder of this act shall take effect in 60