SENATE AMENDED PRIOR PRINTER'S NOS. 1971, 2088, 2170, PRINTER'S NO. 2342 2179
No. 1590 Session of 2007
INTRODUCED BY MARKOSEK, D. EVANS, McCALL AND DeWEESE, JUNE 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 14, 2007
AN ACT 1 Amending Titles 53 (Municipalities Generally), 74 2 (Transportation) and 75 (Vehicles) of the Pennsylvania 3 Consolidated Statutes, providing for minority and women-owned <-- 4 business participation, for public transportation assistance 5 and taxation and for income based on use of Commonwealth 6 highways; PROVIDING FOR MINORITY AND WOMEN-OWNED BUSINESS <-- 7 PARTICIPATION; authorizing local taxation for public 8 transportation assistance; repealing provisions relating to 9 public transportation assistance; providing for 10 transportation issues and for sustainable mobility options; 11 further providing, in metropolitan transportation <-- 12 authorities, for board members and for operation; 13 consolidating the Turnpike Organization, Extension and Toll 14 Road Conversion Act and further providing for the <-- 15 Pennsylvania Turnpike Commission; PROVIDING FOR TURNPIKE <-- 16 COMMISSION STANDARDS OF CONDUCT; in provisions on the 17 Pennsylvania Turnpike, further providing for definitions, for 18 authorizations and for conversion to toll roads and providing 19 for conversion of Interstate 80, for application and, for <-- 20 lease of Interstate 80, FOR PAYMENTS, FOR OTHER INTERSTATE <-- 21 HIGHWAYS, FOR FUND DISTRIBUTION, FOR IMPACT, FOR FINANCIAL 22 PLAN AND FOR NONPERFORMANCE; in taxes for highway maintenance 23 and construction, providing for definitions; further 24 providing for imposition and for allocation of proceeds; 25 providing for special revenue bonds, for expenses, for 26 application of proceeds of obligations, for trust indenture, 27 for exemption, for pledged revenues, for special revenue 28 refunding bonds, for remedies, for Motor License Fund 29 proceeds, for construction and for funding; and making 30 related repeals.
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Chapter 86 of Title 53 of the Pennsylvania <-- 4 Consolidated Statutes is amended to read: 5 CHAPTER 86 6 [(RESERVED)] 7 TAXATION FOR PUBLIC TRANSPORTATION 8 Sec. 9 8601. Declaration of policy. 10 8602. Local financial support. 11 § 8601. Declaration of policy. 12 The General Assembly finds and declares as follows: 13 (1) Programs under 74 Pa.C.S. Ch. 13A (relating to 14 sustainable mobility options) will require local funding. 15 (2) Local funding under paragraph (1) will require new 16 or additional taxes by political subdivisions. 17 § 8602. Local financial support. 18 (a) Imposition.--Notwithstanding any other provision of law, 19 a municipality may obtain financial support for transit systems 20 by imposing one or more of the taxes or surcharges under 21 subsection (b). Money obtained from the imposition shall be 22 deposited into a restricted account of the municipality. The 23 following apply: 24 (1) Money in the restricted account shall be used to 25 meet the requirements of 74 Pa.C.S. §§ 1513(d)(1) (relating 26 to operating program), 1514(c) (relating to asset improvement 27 program) and 1515(d) (relating to new initiatives program). 28 (2) Money in the restricted account beyond that 29 necessary under paragraph (1) shall be used for public 30 passenger transportation, as defined in 74 Pa.C.S. § 1503 20070H1590B2342 - 2 -
1 (relating to definitions) or for costs related to the 2 maintenance, repair, restoration or replacement of local 3 roads and bridges. 4 (b) Taxes.-- 5 (1) A county may, by ordinance, impose all of the 6 following taxes: 7 (i) A sales tax on each separate sale at retail of 8 tangible personal property or services within the county 9 of either 0.25% or 0.5% of the purchase price. The 10 Department of Revenue shall administer and collect the 11 tax under this subparagraph in accordance with Article II 12 of the act of March 4, 1971 (P.L.6, No.2), known as the 13 Tax Reform Code of 1971, and shall distribute the money 14 to the county. As used in this subparagraph, the terms 15 "purchase price," "sale at retail" and "tangible personal 16 property" shall have the meanings given to them under 17 section 201 of the Tax Reform Code of 1971. 18 (ii) A use tax on each use within the county of 19 tangible personal property purchased at retail and on 20 those services purchased at retail of either 0.25% or 21 0.5% of the purchase price. The ordinance shall provide 22 that the tax shall not be paid if the person has paid the 23 tax imposed under subparagraph (i) or has paid the tax 24 imposed under this subparagraph to the vendor with 25 respect to the use. The Department of Revenue shall 26 administer and collect the tax under this subparagraph in 27 accordance with Article II of the Tax Reform Code of 1971 28 and shall distribute the money to the county. As used in 29 this subparagraph, the terms "purchase price," "tangible 30 personal property" and "vendor" shall have the meanings 20070H1590B2342 - 3 -
1 given to them under section 201 of the Tax Reform Code of 2 1971. 3 (iii) An excise tax of either 0.25% or 0.5% of the 4 rent upon the occupancy of each hotel room in the county. 5 As used in this subparagraph, the terms "hotel," 6 "occupancy" and "rent" shall have the meanings given to 7 them under section 209(a) of the Tax Reform Code of 1971. 8 (2) A municipality other than a county may, by 9 ordinance, impose a tax on earned income, as defined under 10 section 13 of the act of December 31, 1965 (P.L.1257, 11 No.511), known as The Local Tax Enabling Act, of either 0.25% 12 or 0.5%. The tax under this paragraph shall be in addition to 13 the tax imposed under The Local Tax Enabling Act. 14 (3) A municipality may, by ordinance, impose a tax of up 15 to $2 per day on each rental vehicle. As used in this 16 paragraph, the term "rental vehicle" shall have the meaning 17 given it in section 1601-A of the Tax Reform Code of 1971. 18 (4) A county may impose, under the statutory authority 19 of the county to levy an excise tax on the price of a hotel 20 room rental, an additional excise tax of up to 1% on the 21 price of a hotel room rental. 22 Section 1.1. Title 74 is amended by adding a section to 23 read: 24 § 303. Minority and women-owned business participation. 25 (a) General rule.--In administering the provisions of this 26 title, the department and any local transportation organization 27 shall: 28 (1) Be responsible for ensuring that all competitive 29 contract opportunities issued by the department or local 30 transportation organization seek to maximize participation by 20070H1590B2342 - 4 -
1 minority and women-owned businesses and other disadvantaged 2 businesses. 3 (2) Give consideration, when possible and cost 4 effective, to contractors offering to utilize minority and 5 women-owned businesses and disadvantaged businesses in the 6 selection and award of contracts. 7 (3) Ensure that the department's and local 8 transportation organizations's commitment to the minority and 9 women-owned business program is clearly understood and 10 appropriately implemented and enforced by all department and 11 local transportation organization employees. 12 (4) Designate a responsible official to supervise the 13 department and local transportation organization minority and 14 women-owned business program and ensure compliance within the 15 department or local transportation organization. 16 (5) Furnish the Department of General Services, upon 17 request, all requested information or assistance. 18 (6) Recommend sanctions to the Secretary of General 19 Services, as may be appropriate, against businesses that fail 20 to comply with the policies of the Commonwealth minority and 21 women-owned business program. 22 (b) Definitions.--As used in this section, the following 23 words and phrases shall have the meanings given to them in this 24 subsection: 25 "Disadvantaged business." A business that is owned or 26 controlled by a majority of persons, not limited to members of 27 minority groups, who are subject to racial or ethnic prejudice 28 or cultural bias. 29 "Local transportation organization." Any of the following: 30 (1) A political subdivision or a public transportation 20070H1590B2342 - 5 -
1 port or redevelopment authority organized under the laws of 2 this Commonwealth or pursuant to an interstate compact or 3 otherwise empowered to render, contract for the rendering or 4 assist in the rendering of transportation service in a 5 limited area in this Commonwealth, even though it may also 6 render or assist in rendering transportation service in 7 adjacent states. 8 (2) A nonprofit association that directly or indirectly 9 provides public transportation service. 10 (3) A nonprofit association of public transportation 11 providers operating within this Commonwealth. 12 "Minority-owned business." A business owned and controlled 13 by a majority of persons who are African Americans, Hispanic 14 Americans, Native Americans, Asian Americans, Alaskans and 15 Pacific Islanders. 16 "Women-owned business." A business owned and controlled by a 17 majority of persons who are women. 18 Section 1.2. Chapter 13 of Title 74 is repealed: 19 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 20 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ: 21 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 22 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 23 § 303. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION. 24 (A) GENERAL RULE.--IN ADMINISTERING THE PROVISIONS OF THIS 25 TITLE, THE DEPARTMENT AND ANY LOCAL TRANSPORTATION ORGANIZATION 26 SHALL: 27 (1) BE RESPONSIBLE FOR ENSURING THAT ALL COMPETITIVE 28 CONTRACT OPPORTUNITIES ISSUED BY THE DEPARTMENT OR LOCAL 29 TRANSPORTATION ORGANIZATION SEEK TO MAXIMIZE PARTICIPATION BY 30 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES AND OTHER 20070H1590B2342 - 6 -
1 DISADVANTAGED BUSINESSES. 2 (2) GIVE CONSIDERATION, WHEN POSSIBLE AND COST 3 EFFECTIVE, TO CONTRACTORS OFFERING TO UTILIZE MINORITY-OWNED 4 AND WOMEN-OWNED BUSINESSES AND DISADVANTAGED BUSINESSES IN 5 THE SELECTION AND AWARD OF CONTRACTS. 6 (3) ENSURE THAT THE DEPARTMENT'S AND LOCAL 7 TRANSPORTATION ORGANIZATIONS'S COMMITMENT TO THE MINORITY- 8 OWNED AND WOMEN-OWNED BUSINESS PROGRAM IS CLEARLY UNDERSTOOD 9 AND APPROPRIATELY IMPLEMENTED AND ENFORCED BY ALL DEPARTMENT 10 AND LOCAL TRANSPORTATION ORGANIZATION EMPLOYEES. 11 (4) DESIGNATE A RESPONSIBLE OFFICIAL TO SUPERVISE THE 12 DEPARTMENT AND LOCAL TRANSPORTATION ORGANIZATION MINORITY- 13 OWNED AND WOMEN-OWNED BUSINESS PROGRAM AND ENSURE COMPLIANCE 14 WITHIN THE DEPARTMENT OR LOCAL TRANSPORTATION ORGANIZATION. 15 (5) FURNISH THE DEPARTMENT OF GENERAL SERVICES, UPON 16 REQUEST, ALL REQUESTED INFORMATION OR ASSISTANCE. 17 (6) RECOMMEND SANCTIONS TO THE SECRETARY OF GENERAL 18 SERVICES, AS MAY BE APPROPRIATE, AGAINST BUSINESSES THAT FAIL 19 TO COMPLY WITH THE POLICIES OF THE COMMONWEALTH MINORITY- 20 OWNED AND WOMEN-OWNED BUSINESS PROGRAM. 21 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 22 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 23 SUBSECTION: 24 "DISADVANTAGED BUSINESS." A BUSINESS THAT IS OWNED OR 25 CONTROLLED BY A MAJORITY OF PERSONS, NOT LIMITED TO MEMBERS OF 26 MINORITY GROUPS, WHO ARE SUBJECT TO RACIAL OR ETHNIC PREJUDICE 27 OR CULTURAL BIAS. 28 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 29 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 30 PORT OR REDEVELOPMENT AUTHORITY ORGANIZED UNDER THE LAWS OF 20070H1590B2342 - 7 -
1 THIS COMMONWEALTH OR PURSUANT TO AN INTERSTATE COMPACT OR 2 OTHERWISE EMPOWERED TO RENDER, CONTRACT FOR THE RENDERING OF 3 OR ASSIST IN THE RENDERING OF TRANSPORTATION SERVICE IN A 4 LIMITED AREA IN THIS COMMONWEALTH, EVEN THOUGH IT MAY ALSO 5 RENDER OR ASSIST IN RENDERING TRANSPORTATION SERVICE IN 6 ADJACENT STATES. 7 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 8 PROVIDES PUBLIC TRANSPORTATION SERVICE. 9 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 10 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 11 "MINORITY-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED 12 BY A MAJORITY OF INDIVIDUALS WHO ARE AFRICAN AMERICANS, HISPANIC 13 AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS, ALASKANS OR 14 PACIFIC ISLANDERS. 15 "WOMEN-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED BY A 16 MAJORITY OF INDIVIDUALS WHO ARE WOMEN. 17 SECTION 1.1. TITLE 53 IS AMENDED BY ADDING A CHAPTER TO 18 READ: 19 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED STATUTES <-- 20 IS AMENDED BY ADDING A CHAPTER TO READ: 21 CHAPTER 86 22 TAXATION FOR PUBLIC TRANSPORTATION 23 SEC. 24 8601. SCOPE. 25 8602. LOCAL FINANCIAL SUPPORT. 26 § 8601. SCOPE. 27 THIS CHAPTER RELATES TO LOCAL FUNDING FOR SUSTAINABLE 28 MOBILITY OPTIONS. 29 § 8602. LOCAL FINANCIAL SUPPORT. 30 (A) IMPOSITION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 20070H1590B2342 - 8 -
1 A COUNTY OF THE SECOND CLASS MAY OBTAIN FINANCIAL SUPPORT FOR 2 TRANSIT SYSTEMS BY IMPOSING ONE OR MORE OF THE TAXES UNDER 3 SUBSECTION (B). MONEY OBTAINED FROM THE IMPOSITION SHALL BE 4 DEPOSITED INTO A RESTRICTED ACCOUNT OF THE MUNICIPALITY COUNTY. <-- 5 (B) TAXES.-- 6 (1) A COUNTY OF THE SECOND CLASS MAY, BY ORDINANCE, 7 IMPOSE ALL ANY OF THE FOLLOWING TAXES: <-- 8 (I) A TAX ON THE SALE AT RETAIL OF LIQUOR AND MALT 9 AND BREWED BEVERAGES WITHIN THE COUNTY. THE ORDINANCE 10 SHALL BE MODELED ON THE ACT OF JUNE 10, 1971 (P.L.153, 11 NO.7), KNOWN AS THE FIRST CLASS SCHOOL DISTRICT LIQUOR 12 SALES TAX ACT OF 1971; AND THE RATE OF TAX AUTHORIZED 13 UNDER THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE 14 ESTABLISHED UNDER THAT ACT. 15 (II) AN EXCISE TAX ON EACH RENTING OF A RENTAL 16 VEHICLE IN THE COUNTY. THE RATE OF TAX AUTHORIZED UNDER 17 THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE ESTABLISHED 18 UNDER SECTION 2301(E) OF THE ACT OF MARCH 4, 1971 (P.L.6, 19 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. AS USED IN 20 THIS SUBPARAGRAPH, THE TERM "RENTAL VEHICLE" HAS THE 21 MEANING GIVEN TO IT IN SECTION 1601-A OF THE TAX REFORM 22 CODE OF 1971. 23 (2) (RESERVED). 24 (C) DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM <-- 25 "COUNTY OF THE SECOND CLASS" SHALL NOT INCLUDE A COUNTY OF THE 26 SECOND CLASS A. 27 SECTION 1.1. TITLE 74 IS AMENDED BY ADDING A SECTION TO <-- 28 READ: 29 § 303. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION. 30 (A) GENERAL RULE.--IN ADMINISTERING THE PROVISIONS OF THIS 20070H1590B2342 - 9 -
1 TITLE, THE DEPARTMENT AND ANY LOCAL TRANSPORTATION ORGANIZATION 2 SHALL: 3 (1) BE RESPONSIBLE FOR ENSURING THAT ALL COMPETITIVE 4 CONTRACT OPPORTUNITIES ISSUED BY THE DEPARTMENT OR LOCAL 5 TRANSPORTATION ORGANIZATION SEEK TO MAXIMIZE PARTICIPATION BY 6 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES AND OTHER 7 DISADVANTAGED BUSINESSES. 8 (2) GIVE CONSIDERATION, WHEN POSSIBLE AND COST 9 EFFECTIVE, TO CONTRACTORS OFFERING TO UTILIZE MINORITY-OWNED 10 AND WOMEN-OWNED BUSINESSES AND DISADVANTAGED BUSINESSES IN 11 THE SELECTION AND AWARD OF CONTRACTS. 12 (3) ENSURE THAT THE DEPARTMENT'S AND LOCAL 13 TRANSPORTATION ORGANIZATIONS'S COMMITMENT TO THE MINORITY- 14 OWNED AND WOMEN-OWNED BUSINESS PROGRAM IS CLEARLY UNDERSTOOD 15 AND APPROPRIATELY IMPLEMENTED AND ENFORCED BY ALL DEPARTMENT 16 AND LOCAL TRANSPORTATION ORGANIZATION EMPLOYEES. 17 (4) DESIGNATE A RESPONSIBLE OFFICIAL TO SUPERVISE THE 18 DEPARTMENT AND LOCAL TRANSPORTATION ORGANIZATION MINORITY- 19 OWNED AND WOMEN-OWNED BUSINESS PROGRAM AND ENSURE COMPLIANCE 20 WITHIN THE DEPARTMENT OR LOCAL TRANSPORTATION ORGANIZATION. 21 (5) FURNISH THE DEPARTMENT OF GENERAL SERVICES, UPON 22 REQUEST, ALL REQUESTED INFORMATION OR ASSISTANCE. 23 (6) RECOMMEND SANCTIONS TO THE SECRETARY OF GENERAL 24 SERVICES, AS MAY BE APPROPRIATE, AGAINST BUSINESSES THAT FAIL 25 TO COMPLY WITH THE POLICIES OF THE COMMONWEALTH MINORITY- 26 OWNED AND WOMEN-OWNED BUSINESS PROGRAM. THIS PARAGRAPH SHALL 27 NOT APPLY TO A LOCAL TRANSPORTATION ORGANIZATION. 28 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 30 SUBSECTION: 20070H1590B2342 - 10 -
1 "DISADVANTAGED BUSINESS." A BUSINESS THAT IS OWNED OR 2 CONTROLLED BY A MAJORITY OF PERSONS, NOT LIMITED TO MEMBERS OF 3 MINORITY GROUPS, WHO ARE SUBJECT TO RACIAL OR ETHNIC PREJUDICE 4 OR CULTURAL BIAS. 5 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 6 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 7 AUTHORITY, PORT AUTHORITY OR REDEVELOPMENT AUTHORITY 8 ORGANIZED UNDER THE LAWS OF THIS COMMONWEALTH OR PURSUANT TO 9 AN INTERSTATE COMPACT OR OTHERWISE EMPOWERED TO RENDER, 10 CONTRACT FOR THE RENDERING OF OR ASSIST IN THE RENDERING OF 11 TRANSPORTATION SERVICE IN A LIMITED AREA IN THIS 12 COMMONWEALTH, EVEN THOUGH IT MAY ALSO RENDER OR ASSIST IN 13 RENDERING TRANSPORTATION SERVICE IN ADJACENT STATES. 14 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 15 PROVIDES PUBLIC TRANSPORTATION SERVICE. 16 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 17 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 18 "MINORITY-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED 19 BY A MAJORITY OF INDIVIDUALS WHO ARE AFRICAN AMERICANS, HISPANIC 20 AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS, ALASKANS OR 21 PACIFIC ISLANDERS. 22 "WOMEN-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED BY A 23 MAJORITY OF INDIVIDUALS WHO ARE WOMEN. 24 SECTION 2. SUBJECT TO SECTION 13.1 9 OF THIS ACT, CHAPTER 13 <-- 25 OF TITLE 74 IS REPEALED: 26 [CHAPTER 13 27 PUBLIC TRANSPORTATION ASSISTANCE 28 29 § 1301. Definitions. 30 The following words and phrases when used in this chapter 20070H1590B2342 - 11 -
1 shall have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "Asset maintenance costs." All vehicle maintenance expenses, 4 nonvehicle maintenance expenses and materials and supplies used 5 in the operation of local transportation organizations and 6 transportation companies. 7 "Average fare." Total passenger revenue divided by the total 8 number of fare-paying passengers. With regard to the calculation 9 of average fare or base fare for the reimbursement of losses 10 resulting from free service to senior citizens authorized by 11 this part, the Department of Transportation shall not 12 differentiate between bus services provided within an operating 13 unit or division of any transit agency for any reason. Services 14 funded under either the State urban or rural operating 15 assistance programs will be considered separate operating units. 16 "Bus." A motor vehicle designed for carrying 15 or more 17 passengers, exclusive of the driver, and used for the 18 transportation of persons, and a motor vehicle, other than a 19 taxicab, designed and used for the transportation of persons for 20 compensation. 21 "Capital project." Any system of public passenger or public 22 passenger and rail transportation, including, but not limited 23 to, any railway, street railway, subway, elevated and monorail 24 passenger or passenger and rail rolling stock, including self- 25 propelled and gallery cars, locomotives, passenger buses and 26 wires, poles and equipment for the electrification of any of the 27 foregoing, rails, tracks, roadbeds, guideways, elevated 28 structures, buildings, stations, terminals, docks, shelters, 29 airports and parking areas for use in connection with public 30 passenger or public passenger and rail transportation systems, 20070H1590B2342 - 12 -
1 interconnecting lines and tunnels to provide passenger or 2 passenger and rail service connections between transportation 3 systems, transportation routes, corridors, and rights-of-way for 4 any thereof (but not for public highways), signal and 5 communication systems necessary or desirable for the 6 construction, operation or improvement of the public passenger 7 or passenger and rail transportation system involved, or any 8 improvement of or overhaul of any vehicle, equipment or 9 furnishings for any of the foregoing or any part, or fractional 10 and undivided co-ownership or leasehold interest in any one or 11 combination of any of the foregoing, that may be designated as a 12 capital project by the secretary. 13 "Class 1 transit entity." A local transportation 14 organization or transportation company operating 1,000 or more 15 transit vehicles in the peak period. 16 "Class 2 transit entity." A local transportation 17 organization or transportation company operating more than 300 18 but less than 1,000 transit vehicles in the peak period. 19 "Class 3 transit entity." A local transportation 20 organization or transportation company operating 300 or less 21 fixed-route transit vehicles in the peak period serving an 22 urbanized area. 23 "Class 4 transit entity." Any local transportation 24 organization or transportation company which serves a 25 nonurbanized area and, during the 1990-1991 fiscal year, 26 received or was approved to receive funding under the act of 27 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania 28 Rural and Intercity Common Carrier Surface Transportation 29 Assistance Act. 30 "Class 4 transit entity adjusted base grant." The State 20070H1590B2342 - 13 -
1 subsidy for operating expenses a Class 4 transit entity received 2 during the 1990-1991 fiscal year, including any funds 3 appropriated under the act of February 11, 1976 (P.L.14, No.10), 4 known as the Pennsylvania Rural and Intercity Common Carrier 5 Surface Transportation Assistance Act; adjusted for factors 6 which, in the judgment of the department, caused significant 7 increases or decreases in the amount of State subsidy to a Class 8 4 transit entity during the 1990-1991 fiscal year; and further 9 adjusted, with respect to any Class 4 transit entity which 10 received a State subsidy for less than the entire 1990-1991 11 fiscal year, to reflect the annual subsidy that Class 4 transit 12 entity would have received during that fiscal year if it had 13 received a State subsidy for that entire fiscal year. 14 "Community transportation programs." Programs eligible to be 15 funded pursuant to section 1312 (relating to community 16 transportation programs). 17 "Construction." The term includes acquisition as well as 18 construction. 19 "Counties." The term includes any county. 20 "County transportation system." Buses, vans or other transit 21 vehicles purchased, maintained and operated by any county and 22 used to provide free or reduced rate transportation within the 23 county to persons 65 years of age or older. 24 "Department." The Department of Transportation of the 25 Commonwealth. 26 "Equipment" and "furnishings." Any equipment and furnishings 27 whatsoever as may be deemed desirable and required for a capital 28 project and approved by the Department of Transportation for the 29 use and occupancy of that capital project. The terms include the 30 installation of such equipment and furnishings. 20070H1590B2342 - 14 -
1 "Federal agency." The United States of America, the 2 President of the United States of America and any department of, 3 or corporation, agency or instrumentality heretofore or 4 hereafter created, designated or established by, the United 5 States of America. 6 "Fixed-route public transportation services." Regularly 7 scheduled transportation that is available to the general public 8 and is provided according to published schedules along 9 designated published routes with specified stopping points for 10 the taking on and discharging of passengers, including public 11 bus and commuter rail systems. The term does not include 12 exclusive ride taxi service, charter or sightseeing services, 13 nonpublic transportation or school bus or limousine services. 14 "Fund." The Public Transportation Assistance Fund. 15 "Improvement." Any extension, enlargement, equipping, 16 furnishing, as well as any improvement. 17 "Local transportation organization." Any political 18 subdivision or any mass transportation, port, redevelopment or 19 airport authority now or hereafter organized under the Laws of 20 Pennsylvania or pursuant to an interstate compact or otherwise 21 empowered to render, contract for the rendering or assist in the 22 rendering of transportation service in a limited area in the 23 Commonwealth of Pennsylvania, even though it may also render or 24 assist in rendering transportation service in adjacent states, 25 or any nonprofit association of public transportation providers 26 within this Commonwealth. 27 "Materials and supplies." Those categories of expenses 28 contained in object class code 504 as specified in the National 29 Urban Mass Transportation Statistics, 1989 Section 15 Annual 30 Report, Report No. UMTA-IT-06-0352-90-1. 20070H1590B2342 - 15 -
1 "Municipality." Includes any city, borough, incorporated 2 town or township. 3 "Nonurbanized area." Any area in this Commonwealth which 4 does not fall within an area classified as "urbanized" by the 5 United States Bureau of the Census of the United States 6 Department of Commerce in the 1990 Census of Population or any 7 area in this Commonwealth not classified as "urbanized" in any 8 future decennial census of the United States. 9 "Nonvehicle maintenance expenses." The categories of costs 10 associated with the inspection, maintenance and repair of assets 11 other than vehicles, as specified in the National Urban Mass 12 Transportation Statistics, 1989 Section 15 Annual Report, Report 13 No. UMTA-IT-06-0352-90-1. 14 "Pennsylvania Mass Transit Statistical Report." The summary 15 of selected financial and operating data concerning local 16 transportation organizations and transportation companies for 17 services in urbanized areas published annually by the Department 18 of Transportation since the 1973-1974 fiscal year. The 19 department shall publish the Pennsylvania Mass Transit 20 Statistical Report on an annual basis, which report shall 21 contain statistics with respect to the prior fiscal year, 22 including those statistics needed for the department to make the 23 calculations required pursuant to sections 1303 (relating to 24 annual appropriation and computation of subsidy) and 1310 25 (relating to distribution of funding), and such other material 26 as the department shall determine. 27 "Pennsylvania Rural and Small Urban Public Transportation 28 Program Statistical Report." The summary of selected financial 29 and operating data concerning rural and small urban local 30 transportation organizations and transportation companies for 20070H1590B2342 - 16 -
1 services in nonurbanized areas published by the Department of 2 Transportation. The department shall publish the Pennsylvania 3 Rural and Small Urban Public Transportation Program Statistical 4 Report on an annual basis, which report shall contain statistics 5 with respect to the prior fiscal year, including those 6 statistics needed for the department to make the calculations 7 required pursuant to sections 1303 (relating to annual 8 appropriation and computation of subsidy) and 1310 (relating to 9 distribution of funding), and such other material as the 10 department shall determine. 11 "Person." The term includes natural persons, firms, 12 associations, corporations, business trusts, partnerships and 13 public bodies, including local transportation organizations. 14 "Planning, development, research, rural expansion and 15 department-initiated programs." Any program eligible to be 16 funded pursuant to section 1313 (relating to additional 17 programs). 18 "Project grant." The Commonwealth's share of the cost of 19 carrying out the particular project, which cost may include 20 costs incurred prior to the effective date of this part and 21 which cost shall include an appropriate allowance for the 22 administrative expenses involved in carrying out the project. 23 "Property." All property, real, personal or mixed, tangible 24 or intangible, or any interest therein, including fractional and 25 undivided co-ownership interests. 26 "Public highway." Every way or place, of whatever nature, 27 open to the use of the public as a matter of right for purposes 28 of vehicular travel. Solely for the purpose of administering 29 this part, the term shall not be deemed to include a bridge 30 located wholly within this Commonwealth which is open to the use 20070H1590B2342 - 17 -
1 of the public for the purpose of vehicular traffic but which on 2 March 15, 1964, was owned and maintained by a mass 3 transportation or port authority and which comprises a part of 4 the transportation system of the mass transportation or port 5 authority. 6 "Revenue hours." The total amount of time, calculated in 7 hours, during which vehicles of a Class 4 transit entity are in 8 service and available for public use as reported with respect to 9 the most recent fiscal year in the most recently issued 10 Pennsylvania Rural and Small Urban Public Transportation 11 Statistical Report. 12 "Revenue miles." The total number of in-service miles 13 traveled by vehicles of a Class 4 transit entity as reported 14 with respect to the most recent fiscal year in the most recently 15 issued Pennsylvania Rural and Small Urban Public Transportation 16 Statistical Report. 17 "Secretary." The Secretary of Transportation of the 18 Commonwealth. 19 "Shared-ride public transportation services." Demand- 20 responsive transportation that is available to the general 21 public, operates on a nonfixed route basis and charges a fare to 22 all riders. For transportation to be included in this definition 23 the first fare-paying passengers to enter the public 24 transportation vehicle must not refuse to share the vehicle with 25 other passengers during a given trip. Services excluded under 26 this definition are: exclusive ride taxi service; charter and 27 sightseeing services; nonpublic transportation; school bus or 28 limousine services. 29 "Transit vehicle." A self-propelled or electrically 30 propelled vehicle designed for carrying 15 or more passengers, 20070H1590B2342 - 18 -
1 exclusive of the driver, other than a taxicab, designed and used 2 for the transportation of persons for compensation, including, 3 but not limited to, subway cars, trolleys, trackless trolleys 4 and railroad passenger cars. 5 "Transportation company." Any person, firm or corporation 6 rendering public passenger or public passenger and rail 7 transportation service, with or without the rendering of other 8 service, in this Commonwealth pursuant to common carrier 9 authorization from the Pennsylvania Public Utility Commission or 10 the Interstate Commerce Commission. 11 "Urban common carrier mass transportation." Transportation 12 within an area that includes a municipality or other built-up 13 place which is appropriate, in the judgment of the Department of 14 Transportation, for a common carrier transportation system to 15 serve commuters or others in the locality, taking into 16 consideration the local patterns and trends of urban growth, by 17 bus or rail or other conveyance, either publicly or privately 18 owned, serving the general public. The term does not include 19 school buses or charter or sightseeing service. 20 "Urban Mass Transportation Act of 1964." Public Law 88-365, 21 49 U.S.C. § 1601 et seq. 22 "Urbanized area." A portion of this Commonwealth classified 23 as "urbanized" by the United States Bureau of the Census of the 24 United States Department of Commerce in the 1990 Census of 25 Population or any area in this Commonwealth classified as 26 "urbanized" in any future decennial census of the United States. 27 "Vehicle hours." The total amount of time, calculated in 28 hours, during which vehicles of a local transportation 29 organization or transportation company are in service and 30 available for public use, listed with respect to the most recent 20070H1590B2342 - 19 -
1 fiscal year reported in the most recently issued Pennsylvania 2 Mass Transit Statistical Report. 3 "Vehicle maintenance expenses." The categories of costs 4 associated with the inspection, maintenance and repair of 5 vehicles as specified in the National Urban Mass Transportation 6 Statistics, 1989 Section 15 Annual Report, Report No. UMTA-IT- 7 06-0352-90-1. 8 "Vehicle miles." The total distance, calculated in miles, 9 which is funded in whole or in part by this part, traveled by 10 vehicles of a local transportation organization or 11 transportation company listed with respect to the most recent 12 fiscal year reported in the most recently issued Pennsylvania 13 Mass Transit Statistical Report. 14 § 1302. Program authorizations. 15 The department is hereby authorized, within the limitations 16 hereinafter provided, and is required where the provisions of 17 section 1303 (relating to annual appropriation and computation 18 of subsidy) apply: 19 (1) To undertake and to provide financial support for 20 research, by contract or otherwise, concerning urban common 21 carrier mass transportation. 22 (2) To make grants to municipalities, counties, or their 23 instrumentalities, and to agencies and instrumentalities of 24 the Commonwealth to supplement Federal or local or Federal 25 and local funds for use: 26 (i) For the purpose of studies, analysis, planning 27 and development of programs for urban common carrier mass 28 transportation service and facilities, and for the 29 purpose of activities related to the planning, 30 engineering and designing of specific projects which are 20070H1590B2342 - 20 -
1 a part of a comprehensive program, including, but not 2 limited to, activities such as studies related to 3 management, operations, capital requirements and economic 4 feasibility, to the preparation of engineering and 5 architectural surveys, plans and specifications and to 6 other similar or related activities preliminary to and in 7 preparation for the construction, acquisition or improved 8 operation of urban common carrier mass transportation 9 systems, facilities and equipment. State funding under 10 this subparagraph shall not exceed five-sixths of the 11 non-Federal share of the project costs. 12 (ii) To provide for research, development and 13 demonstration projects in all phases of urban common 14 carrier mass transportation, including the development, 15 testing and demonstration of new facilities, equipment, 16 techniques and methods, to assist in the solution of 17 urban transportation problems, in the improvement of mass 18 transportation service and the contribution of such 19 service toward meeting total urban transportation needs 20 at minimum cost. State funding under this subparagraph 21 shall not exceed five-sixths of the non-Federal share of 22 the project costs. 23 (iii) To assist in providing grants to continue 24 necessary service to the public, to permit needed 25 improvements in service which are not self-supporting, to 26 permit service which may be socially desirable but 27 economically unjustified, and otherwise for any purpose 28 in furtherance of urban common carrier mass 29 transportation. The methodology for calculating the 30 amount of the grant under this subparagraph shall be 20070H1590B2342 - 21 -
1 determined in accordance with section 1303. Each grant to 2 a Class 1 transit entity, to a Class 2 transit entity or 3 to a Class 3 transit entity made pursuant to this 4 paragraph shall be matched by local or private funding in 5 an amount not less than one-third of the total State 6 grant made pursuant to section 1303(b). Any grants to 7 Class 3 transit entities may, however, be matched by an 8 amount not less than the amount of local or private 9 funding which is specified in the State contract for the 10 1990-1991 fiscal year if the department shall have 11 received a certification from such Class 3 transit entity 12 that such lower level of local or private funding is 13 adequate to prevent significant service reductions or 14 passenger fare increases. 15 (3) To make grants to any transportation company or 16 companies for use in providing necessary service to the 17 public, to permit needed improvements in services which are 18 not self-supporting, to permit services which may be socially 19 desirable but economically unjustified, and otherwise for any 20 purpose in furtherance of urban common carrier mass 21 transportation. In view of the particular sensitivity of 22 special instrumentalities and agencies of the Commonwealth 23 created to serve or coordinate the local transportation needs 24 of substantial metropolitan areas, no grant moneys may be 25 used exclusively or principally in the local service area of 26 any such agency or instrumentality in which a city or county 27 of the first or second class has membership, except in 28 accordance with a system of priorities agreed upon by the 29 department and such agency or instrumentality. In the case of 30 a grant where the moneys granted will be used for an activity 20070H1590B2342 - 22 -
1 to be conducted exclusively or principally within the local 2 service areas of such agency or instrumentality, no grant 3 moneys may be used except in accordance with agreements by 4 the department and such agency or instrumentality with 5 respect to such use. In the case of a grant not falling 6 within the scope of the preceding sentence but where moneys 7 granted will be used both within and without the local 8 service area of such agency or instrumentality, the grant 9 shall require that the routes, schedules and fares applicable 10 only within such service areas shall be those mutually agreed 11 upon by the department and such agency or instrumentality. No 12 agreement referred to in this paragraph shall impair, 13 suspend, reduce, enlarge or extend or affect in any manner 14 the powers of the Pennsylvania Public Utility Commission or 15 the Interstate Commerce Commission otherwise applicable by 16 law. Each grant to a Class 1 transit entity, to a Class 2 17 transit entity or to a Class 3 transit entity made pursuant 18 to this paragraph shall be matched by local or private 19 funding in an amount not less than one-third of the total 20 State grant made pursuant to section 1303(b). Any grants to 21 Class 3 transit entities may, however, be matched by an 22 amount not less than the amount of local or private funding 23 which is specified in the State contract for the 1990-1991 24 fiscal year if the department shall have received a 25 certification from such Class 3 transit entity that such 26 lower level of local or private funding is adequate to 27 prevent significant service reductions and/or passenger fare 28 increases. 29 (4) In connection with privately or locally assisted 30 capital projects or capital projects financed with private or 20070H1590B2342 - 23 -
1 local and Federal funds, to make grants for approved capital 2 projects to a local transportation organization or a 3 transportation company, including the acquisition, 4 construction, reconstruction and improvement of facilities 5 and equipment, buses and other rolling stock, and other real 6 or personal property, including land (but not public 7 highways), needed for an efficient and coordinated mass 8 transportation system for use, by operation, lease or 9 otherwise, in urban common carrier mass transportation 10 service and in coordinating such service with highway and 11 other transportation. No capital project grant shall be made 12 for the purpose of financing, directly or indirectly, the 13 acquisition of any interest in, or the purchase of any 14 facilities or other property of, a private urban common 15 carrier mass transportation company. Each capital project 16 shall be based on a program or plan approved by the 17 department. No capital project grant shall exceed five-sixths 18 of the non-Federal share, subject, however, to the following 19 specific exceptions: 20 (i) If two or more capital projects are combined for 21 financing purposes, the amount of department funds used 22 for any one of such projects may exceed five-sixths of 23 the non-Federal share, provided that the total amount of 24 department funds provided for all the projects so 25 combined does not exceed five-sixths of the total non- 26 Federal share of all of the projects so combined. 27 (ii) If a capital project is eligible to receive 28 Federal financial assistance under the Urban Mass 29 Transportation Act of 1964 and if the project application 30 for such Federal financial assistance has been rejected 20070H1590B2342 - 24 -
1 or delayed because of a lack of Federal funds or if the 2 normal amount of Federal grant cannot be provided because 3 of a lack of Federal funds and if the department has 4 determined that the capital project is essential and 5 should proceed without delay, department funds for such 6 capital project may be increased temporarily to finance 7 the entire net project cost, with the requirement that, 8 upon the availability of additional Federal funds and the 9 making to the capital project of a new or an additional 10 Federal grant, the amount of department funds in excess 11 of five-sixths of the non-Federal share be refunded to 12 the department or be applied as the department may direct 13 to help meet the department's share of the cost of 14 another project in which the department is a participant. 15 (iii) If a project is ineligible to receive Federal 16 financial assistance under the Urban Mass Transportation 17 Act of 1964 and if the department has determined that the 18 project is essential and should proceed without delay, 19 the amount of department funds for such project shall be 20 limited to an amount not to exceed one-half of the net 21 project cost. 22 (5) To make grants from the State Lottery Fund in 23 accordance with Chapter 7 of the act of August 14, 1991 24 (P.L.342, No.36), known as the Lottery Fund Preservation Act. 25 (6) To participate in a pooled bus acquisition program 26 with transportation companies or local transportation 27 organizations and the Federal Government for the purpose of 28 making buses available to transportation companies or local 29 transportation organizations for use in urban common carrier 30 mass transportation service, in accordance with the following 20070H1590B2342 - 25 -
1 procedures: 2 (i) The department may apply to the Urban Mass 3 Transportation Administration of the United States 4 Department of Transportation for the Federal share of any 5 pooled-bus acquisition project. 6 (ii) The department may, with the assistance of the 7 Department of General Services or a special group 8 comprised of representatives of the transportation 9 companies or local transportation organizations within 10 the Commonwealth, write specifications for and order 11 buses on behalf of any number of transportation companies 12 or local transportation organizations desiring bus 13 acquisition under this program. 14 (iii) Before any order for buses is placed by the 15 department with a manufacturer, the department shall 16 secure written assurance from the Federal Government of 17 the availability of Federal financial assistance for such 18 bus acquisitions. The department shall also secure 19 written obligations by the transportation companies or 20 local transportation organizations participating in such 21 bus acquisitions that they will accept delivery of such 22 buses at the appropriate time and will supply local 23 funding in accordance with subparagraph (iv). 24 (iv) Funding for this program shall be: four-fifths 25 Federal, one-sixth State and one-thirtieth from local 26 sources; however, the local share of program costs may be 27 advanced to the manufacturer by the Commonwealth at the 28 time of purchase. Repayments to the Commonwealth of such 29 advancements shall be considered as augmentations to the 30 fund from which the funds were advanced. No part of the 20070H1590B2342 - 26 -
1 Federal share shall be advanced by the Commonwealth in 2 anticipation of reimbursement. 3 (v) The Commonwealth may take title to and delivery 4 of vehicles acquired pursuant to this program for 5 eventual transfer to transportation companies or local 6 transportation organizations. 7 (vi) All bus acquisitions under this program shall 8 be made in accordance with a system of competitive 9 bidding. 10 (vii) At its discretion, the department may organize 11 and fund, with Commonwealth funds, postacquisition 12 studies reasonably related to any pooled-bus acquisition 13 made pursuant to this section, including, but not limited 14 to, a vehicle inspection study at an appropriate interval 15 or intervals following acquisition in order to monitor 16 the condition of any vehicle purchased pursuant to this 17 section. 18 § 1303. Annual appropriation and computation of subsidy. 19 (a) General rule.--Beginning with the 1991-1992 fiscal year, 20 the Commonwealth shall annually determine the level of 21 appropriation for public transportation assistance, using the 22 standards contained in this section, to sufficiently fund and to 23 make fully operative section 1302(2)(iii) and (3) (relating to 24 program authorizations). 25 (b) Distribution as grants.--The General Assembly shall 26 annually make an appropriation to the department for 27 distribution as grants to local transportation organizations and 28 transportation companies. The total amount of moneys 29 appropriated shall be distributed by the department as grants to 30 local transportation organizations and transportation companies 20070H1590B2342 - 27 -
1 in accordance with the provisions of this section. 2 (c) Distribution formula.--The department shall distribute 3 the total amount appropriated under subsection (b) in the 4 following manner: 5 (1) The department shall calculate the Class 4 transit 6 entity share for the fiscal year. 7 (2) The department shall then calculate the amount of 8 grant due to each Class 4 transit entity as follows: 9 (i) From the Class 4 transit entity share, each 10 Class 4 transit entity shall first receive an amount 11 equal to 100% of its Class 4 transit entity adjusted base 12 grant. 13 (ii) With respect to any portion of the Class 4 14 transit entity share remaining after each Class 4 transit 15 entity receives an amount equal to 100% of its Class 4 16 transit entity adjusted base grant: 17 (A) Fifty percent of such excess shall be 18 distributed to Class 4 transit entities based upon 19 the percentage of the total amount of all Class 4 20 transit entity adjusted base grants given to Class 4 21 transit entities which a particular Class 4 transit 22 entity received. 23 (B) Twenty-five percent of such excess shall be 24 distributed to Class 4 transit entities based upon 25 each transit entity's Class 4 revenue mile 26 percentage. The actual amount received by each Class 27 4 transit entity under this clause shall be 28 determined by multiplying a particular Class 4 29 transit entity's Class 4 revenue mile percentage 30 times 25% of such excess of the Class 4 transit 20070H1590B2342 - 28 -
1 entity share. 2 (C) Twenty-five percent of such excess shall be 3 distributed to Class 4 transit entities based upon 4 each transit entity's Class 4 revenue hour 5 percentage. The actual amount received by each Class 6 4 transit entity under this clause shall be 7 determined by multiplying a particular Class 4 8 transit entity's Class 4 revenue hour percentage 9 times 25% of such excess of the Class 4 transit 10 entity share. 11 (3) All Class 4 transit entities may utilize all of the 12 funds received pursuant to this section for any purpose in 13 furtherance of public transportation. Each grant made to a 14 Class 4 transit entity pursuant to this section shall, 15 however, be matched by local or private funding in an amount 16 not less than one-third of the total State grant made 17 pursuant to subsection (c). Additionally, any grants to Class 18 4 transit entities may be matched by an amount not less than 19 the amount of local or private funding which is specified in 20 the State contract for the 1990-1991 fiscal year if the 21 department shall have received a certification from such 22 Class 4 transit entity that such lower level of local or 23 private funding is adequate to prevent significant service 24 reductions or passenger fare increases. 25 (4) The department shall calculate the Class 1 transit 26 entity share, the Class 2 transit entity share and the Class 27 3 transit entity share for the fiscal year. 28 (5) The department shall then calculate the amount of 29 grant due to each local transportation organization and 30 transportation company as follows: 20070H1590B2342 - 29 -
1 (i) Each Class 1 transit entity shall receive a 2 prorata share of the Class 1 transit entity share. If 3 there is only one Class 1 transit entity, it shall 4 receive the entire Class 1 transit entity share. 5 (ii) Each Class 2 transit entity shall receive a 6 prorata share of the Class 2 transit entity share. If 7 there is only one Class 2 transit entity, it shall 8 receive the entire Class 2 transit entity share. 9 (iii) Each Class 3 transit entity shall receive a 10 portion of the Class 3 transit entity share calculated as 11 follows: 12 (A) From the Class 3 transit entity share, each 13 Class 3 transit entity shall first receive an amount 14 equal to 100% of its Class 3 transit entity adjusted 15 base grant. 16 (B) With respect to any portion of the Class 3 17 transit entity share remaining after each Class 3 18 transit entity receives an amount equal to 100% of 19 its Class 3 transit entity adjusted base grant: 20 (I) Fifty percent of such excess shall be 21 distributed to Class 3 transit entities based 22 upon the percentage of all Class 3 transit entity 23 adjusted base grants given to Class 3 transit 24 entities which a particular Class 3 transit 25 entity received. 26 (II) Twenty-five percent of such excess 27 shall be distributed to Class 3 transit entities 28 based upon each transit entity's Class 3 vehicle 29 mile percentage. The actual amount received by 30 each Class 3 transit entity under this subclause 20070H1590B2342 - 30 -
1 shall be determined by multiplying a particular 2 Class 3 transit entity's Class 3 vehicle mile 3 percentage times 25% of such excess of the Class 4 3 transit entity share. 5 (III) Twenty-five percent of such excess 6 shall be distributed to Class 3 transit entities 7 based upon each Class 3 transit entity's Class 3 8 operating revenue percentage. The actual amount 9 received by each Class 3 transit entity under 10 this subclause shall be determined by multiplying 11 a particular Class 3 transit entity's Class 3 12 operating revenue percentage times 25% of such 13 excess of the Class 3 transit entity share. 14 (6) On or about each July 1, October 1, January 1 and 15 April 1 of each year commencing July 1, 1987, the department 16 shall disburse 25% of the total annual amount due to each 17 local transportation organization or transportation company 18 calculated in accordance with this section. 19 (d) New organizations.--Should a new local transportation 20 organization or transportation company be established and meet 21 the criteria of a Class 1 transit entity, Class 2 transit 22 entity, Class 3 transit entity or Class 4 transit entity as such 23 criteria are set forth in section 1301 (relating to 24 definitions), the department shall make an appropriate 25 determination as to the level of grant to which such local 26 transportation organization or transportation company shall be 27 entitled. This determination shall include, but shall not be 28 limited to, a determination as to an appropriate adjusted base 29 grant for that local transportation organization or 30 transportation company and a determination of appropriate 20070H1590B2342 - 31 -
1 adjustments to class percentages or transit entity shares. 2 (e) Change to different entity class.--If, during any fiscal 3 year, either the number of vehicles operated by a local 4 transportation organization or transportation company or the 5 area served by such a local transportation organization or 6 transportation company changes so that the local transportation 7 organization or transportation company meets the criteria for a 8 different transit entity class, as such criteria are set forth 9 in section 1301, on or before July 15 of the fiscal year which 10 follows such a change and in each fiscal year thereafter, the 11 department shall reflect any change in the transit entity class 12 of such a local transportation organization or transportation 13 company in its calculation of the transit entity shares for each 14 transit entity class for that and subsequent fiscal years. In 15 its calculation of the transit entity shares for each transit 16 entity class required by this section, for the fiscal year 17 following the change in a local transportation organization or 18 transportation company's transit entity class and thereafter, 19 the department shall include the amount of the transit entity 20 share allocated to such a local transportation organization or 21 transportation company for the fiscal year prior to the change 22 in the transit entity class, in the transit entity share for the 23 new transit entity class of such a local transportation 24 organization or transportation company, and shall delete an 25 equal amount from the transit entity share for the transit 26 entity class for which such a local transportation organization 27 or transportation company no longer meets the criteria in the 28 new fiscal year or thereafter. 29 (f) Rates, fares and charges.-- 30 (1) Each local transportation organization or 20070H1590B2342 - 32 -
1 transportation company receiving moneys pursuant to this 2 section shall annually fix such rates, fares and charges in 3 such manner that they shall be at all times sufficient in the 4 aggregate, and in conjunction with any moneys received from 5 Federal or other sources, and any other income available to 6 such organization or company, to provide funds for the 7 payment of all operating costs and expenses which shall be 8 incurred by such organization or company. 9 (2) In order to be eligible for the moneys described in 10 paragraph (1), each local transportation organization or 11 transportation company shall adopt an annual operating budget 12 for each fiscal year no later than the last day of the 13 preceding fiscal year. A copy of this operating budget shall 14 be submitted to the department within ten days after its 15 approval, along with a certification by the local 16 transportation organization or transportation company that 17 adequate revenues (including subsidies) are provided to 18 support operating costs and expenses. 19 (g) Standards and measures.-- 20 (1) Within one year after the effective date of this 21 part and every year thereafter, each local transportation 22 organization or transportation company receiving moneys 23 pursuant to this section shall adopt a series of service 24 standards and performance evaluation measures. Such standards 25 and measures shall be in addition to the performance audits 26 required by section 1315 (relating to public transportation 27 grants management accountability) and shall consist of 28 objectives and specific numeric performance levels to be 29 achieved in meeting these standards and objectives. Those 30 standards and measures adopted shall include the following, 20070H1590B2342 - 33 -
1 in addition to others deemed appropriate by the local 2 transportation organization or transportation company: 3 (i) An automatic mechanism to review the utilization 4 of routes. 5 (ii) Staffing ratios (ratio of administrative 6 employees to operating employees; number of vehicles per 7 mechanic). 8 (iii) Productivity measures (vehicle miles per 9 employee; passenger and employee accidents per 100,000 10 vehicle miles; on-time performance; miles between road 11 calls). 12 (iv) Fiscal indicators (operating cost per 13 passenger; subsidy per passenger and operating ratio). 14 (iv.1) Reasonable minimum prequalification standards 15 for prospective transit service subcontractors. 16 (v) Any other matter desired by the governing body 17 of such local transportation organization or 18 transportation company. 19 (2) The service standards and performance evaluation 20 measures shall be established by formal action of the 21 governing body of such local transportation organization or 22 transportation company following an opportunity for comment 23 by the public and the department. Upon submission, the 24 department will review and may make recommendations to the 25 local transportation organization or transportation company 26 concerning the service standards and performance evaluation 27 measures. 28 (3) In the discretion of such governing body, the 29 service standards and performance evaluation measures may be 30 systemwide or based on a sampling. 20070H1590B2342 - 34 -
1 (4) The service standards and performance evaluation 2 measures shall only constitute goals for such local 3 transportation organization or transportation company in 4 providing service in the year following their adoption. At 5 the end of such year, fiscal or calendar, as the case may be, 6 a report shall be transmitted to the department for its 7 consideration indicating the projected performance levels and 8 the performance levels actually achieved. Upon submission, 9 the department will review the report and may make 10 recommendations to such local transportation organization or 11 transportation company concerning the performance levels 12 actually achieved. Such report shall be released to the 13 public at the time of issuance. 14 (5) The department may suspend the eligibility for 15 future discretionary transit grant funds of any transit 16 entity which fails to comply with the provisions of this 17 section. The department shall restore the discretionary 18 funding eligibility of a suspended transit entity at such 19 time as the requirements of this section are met in an 20 amended application received by the department. 21 (h) Reduction of certain grants.--With respect to grants to 22 Class 1 transit entities and Class 2 transit entities in any 23 fiscal year, the department shall reduce the grant amount due to 24 such local transportation organization or transportation company 25 by an amount equal to 1% of such grant moneys otherwise due to 26 such local transportation organization or transportation company 27 for each percentage point such local transportation 28 organization's or transportation company's operating ratio is 29 less than 50% in the case of a Class 1 transit entity or less 30 than 46% in the case of a Class 2 transit entity. 20070H1590B2342 - 35 -
1 (i) Audits.--The department is authorized to perform 2 independent financial audits of the financial statements of each 3 local transportation organization or transportation company 4 receiving moneys pursuant to this section. Such audits shall be 5 conducted in accordance with generally accepted auditing 6 standards. Any financial statements subject to such audit or 7 reports resulting from such audit shall be prepared and 8 presented in accordance with generally accepted accounting 9 principles, consistently applied with previous statements 10 rendered for or on behalf of such organization or company. The 11 department may coordinate such audits in conjunction with audits 12 undertaken by the Auditor General. 13 (j) Definitions.--As used in this section, the following 14 words and phrases shall have the meanings given to them in this 15 subsection: 16 "Class 1 percentage." Seventy percent. 17 "Class 2 percentage." Twenty-five and three-tenths percent. 18 "Class 3 percentage." Four and seven-tenths percent. 19 "Class 1 to 3 allocation." The total amount appropriated 20 under subsection (b) less the Class 4 transit entity share. 21 "Class 1 transit entity share." The product of the Class 1 22 percentage times the Class 1 to 3 allocation in a particular 23 fiscal year. 24 "Class 2 transit entity share." The product of the Class 2 25 percentage times the Class 1 to 3 allocation in a particular 26 fiscal year. 27 "Class 3 transit entity adjusted base grant." The State 28 subsidy which a Class 3 transit entity received during the 1990- 29 1991 fiscal year, including Federal funds transferred from other 30 local transportation organizations and transportation companies 20070H1590B2342 - 36 -
1 from the Federal fiscal year 1989-1990 pursuant to the 2 Governor's apportionment allocation contained in the Urban Mass 3 Transportation Act of 1964. 4 "Class 3 transit entity share." The product of the Class 3 5 percentage times the Class 1 to 3 allocation in a particular 6 fiscal year. 7 "Class 3 vehicle mile percentage." The percentage determined 8 by dividing the vehicle miles of a Class 3 transit entity with 9 respect to the most recent fiscal year as reported in the most 10 recently issued Pennsylvania Mass Transit Statistical Report by 11 the total number of vehicle miles of all Class 3 transit 12 entities with respect to the most recent fiscal year as reported 13 in the most recently issued Pennsylvania Mass Transit 14 Statistical Report. 15 "Class 4 revenue hour percentage." The percentage determined 16 by dividing the revenue hours of a Class 4 transit entity as 17 reported with respect to the most recent fiscal year in the most 18 recently issued Pennsylvania Rural and Small Urban Public 19 Transportation Statistical Report by the total number of revenue 20 hours of all Class 4 transit entities as reported with respect 21 to the most recent fiscal year reported in the most recently 22 issued Pennsylvania Rural and Small Urban Public Transportation 23 Statistical Report. 24 "Class 4 revenue mile percentage." The percentage determined 25 by dividing the revenue miles of a Class 4 transit entity as 26 reported with respect to the most recent fiscal year in the most 27 recently issued Pennsylvania Rural and Small Urban Public 28 Transportation Statistical Report by the total revenue miles of 29 all Class 4 transit entities as reported with respect to the 30 most recent fiscal year reported in the most recently issued 20070H1590B2342 - 37 -
1 Pennsylvania Rural and Small Urban Public Transportation 2 Statistical Report. 3 "Class 4 transit entity share." Two million three hundred 4 thirty-five thousand dollars for the 1991-1992 fiscal year and, 5 during the 1992-1993 fiscal year and each fiscal year 6 thereafter, shall mean the Class 4 transit entity share for the 7 prior fiscal year plus (or minus) the product of the Class 4 8 transit entity share for the prior fiscal year times the 9 percentage increase or decrease in the total operating 10 assistance made available to local transportation organizations 11 and transportation companies for that fiscal year as compared 12 with the most recently completed fiscal year. 13 "Operating ratio." The proportion of total operating revenue 14 (which shall include all passenger, charter and advertising 15 revenue, fare reimbursement received from the State Lottery Fund 16 and all other receipts associated with the delivery of transit 17 services, but shall exclude Federal grants provided to cover 18 operating losses and State grants made pursuant to subsection 19 (b)) divided by total operating expenses associated with day-to- 20 day operation of the system (but excluding depreciation of 21 capital assets). 22 "Operating revenue." The total revenue earned by a local 23 transportation organization or transportation company through 24 its transit operations, including, but not limited to, passenger 25 revenue, senior citizen grant, charter revenue, school contract 26 revenue, advertising and other revenue listed with respect to 27 the most recent fiscal year reported in the most recently issued 28 Pennsylvania Mass Transit Statistical Report. 29 "Operating revenue percentage." The percentage determined by 30 dividing the operating revenues of a local transportation 20070H1590B2342 - 38 -
1 organization or transportation company as reported in the most 2 recently issued Pennsylvania Mass Transit Statistical Report by 3 the total operating revenue of all local transportation 4 organizations or transportation companies as reported in the 5 most recently issued Pennsylvania Mass Transit Statistical 6 Report. 7 § 1304. Grant proposals. 8 (a) General rule.--Grants may be made hereunder with 9 reference to any appropriate project irrespective of when it was 10 first commenced or considered and regardless of whether costs 11 with respect thereto shall have been incurred prior to the time 12 the grant is applied for or made. 13 (b) Applications.--The governing bodies of municipalities, 14 counties or their instrumentalities, and agencies and 15 instrumentalities of the Commonwealth may, by formal resolution, 16 apply and transportation companies by application may apply to 17 the department for State grant funds provided by this chapter. 18 If the action is taken by a governing body, a certified copy of 19 the resolution and, in the case of transportation companies, an 20 application shall be forwarded to the department with a proposal 21 of the governing body or company, which shall set forth the use 22 to be made of State grant funds and the amount of funds required 23 or, in the case of grants under section 1303 (relating to annual 24 appropriation and computation of subsidy), which shall set forth 25 a request that the grant provided for under section 1303 be 26 made. 27 (c) Preference for coordinated systems.--The department 28 shall give preference to any proposal which will assist in 29 carrying out a plan, meeting criteria established by the 30 department, for a unified or officially coordinated urban 20070H1590B2342 - 39 -
1 transportation system as a part of the comprehensively planned 2 development of the urban area, which is necessary for the sound, 3 economic and desirable development of such area and which shall 4 encourage to the maximum extent feasible the participation of 5 private enterprise. This subsection shall not apply to grants 6 made pursuant to section 1303. 7 (d) Use of grants.--The use of the State grant funds shall 8 be for the purposes set forth in section 1302 (relating to 9 program authorizations) and, without limiting the generality of 10 the foregoing, may be used for local contributions required by 11 the Urban Mass Transportation Act of 1964 or other Federal law 12 concerning common carrier mass transportation. 13 (e) Grant agreement.-- 14 (1) The department shall review the proposal and, if 15 satisfied that the proposal is in accordance with the 16 purposes of this chapter, shall enter into a grant agreement 17 subject to the condition that the grant be used in accordance 18 with the terms of the proposal. With respect to grants made 19 pursuant to section 1303, the department shall make such 20 grants subject to the condition that the grants be used for 21 the purposes set forth in section 1302 and, where applicable, 22 only after the certification required in section 1302(2)(iii) 23 and (3) shall have been made. 24 (2) The time of payment of the grant and any conditions 25 concerning such payment shall be set forth in the grant 26 agreement. 27 § 1305. Rules and regulations. 28 In order to effectuate and enforce the provisions of this 29 chapter, the department is authorized to promulgate necessary 30 rules and regulations and prescribe conditions and procedures in 20070H1590B2342 - 40 -
1 order to assure compliance in carrying out the purposes for 2 which grants may be made hereunder. 3 § 1306. Cooperation with other governments and private 4 interests. 5 (a) General rule.--The department is directed to administer 6 this program with such flexibility as to permit full cooperation 7 between Federal, State and local governments, agencies and 8 instrumentalities, as well as private interests, so as to result 9 in as effective and economical a program as possible. 10 (b) Agreements.--The department is hereby authorized to 11 enter into agreements providing for mutual cooperation between 12 or among it and any Federal agency, local transportation 13 organization or transportation company concerning any or all 14 projects, including joint applications for Federal grants. 15 § 1307. General authority of department. 16 It is the purpose and intent of this chapter to authorize the 17 department to do any and all other things necessary or desirable 18 to secure the financial aid or cooperation of any Federal agency 19 in any of the department's projects and to do and perform all 20 things which may be required by any statute of the United States 21 of America or by the lawful requirements of any Federal agency 22 authorized to administer any program of Federal aid to 23 transportation. The department is expressly permitted to enter 24 into protective agreements with labor to the extent required 25 under 49 U.S.C. § 5333 (relating to labor standards) in order to 26 obtain Federal grant moneys for transportation assistance. Such 27 protective agreements shall be narrowly drawn and strictly 28 construed to provide no more than the minimum protections 29 required by the United States Department of Labor for such 30 agreements. 20070H1590B2342 - 41 -
1 § 1308. Grants by counties or municipalities. 2 Any county or municipality in any metropolitan area which is 3 a member of a local transportation organization is authorized to 4 make annual grants from current revenues to local transportation 5 organizations to assist in defraying the costs of operations, 6 maintenance and debt service of local transportation 7 organization or of a particular mass transportation project of a 8 local transportation organization and to enter into long-term 9 agreements providing for the payment of the same. The obligation 10 of a municipality or county under any such agreement shall not 11 be considered to be a part of its indebtedness, nor shall such 12 obligation be deemed to impair the status of any indebtedness of 13 such municipality or county which would otherwise be considered 14 as self-sustaining. 15 § 1309. Limitation on decisions, findings and regulations of 16 department. 17 All decisions, findings and regulations made by the 18 department pursuant to this chapter shall be for the purposes of 19 this chapter only and shall not constitute evidence before any 20 regulatory body of this Commonwealth or any other jurisdiction. 21 § 1310. Distribution of funding. 22 (a) General rule.--All moneys made available and required to 23 be used for capital projects, asset maintenance and other 24 programs specified in this section shall be distributed in 25 accordance with the formula specified in this section and used 26 strictly in accordance with section 1311 (relating to use of 27 funds distributed). 28 (b) Distribution procedure.--During each fiscal year, 29 capital project, asset maintenance and other program funds shall 30 be distributed as follows: 20070H1590B2342 - 42 -
1 (1) On or before the fifth day of each month, the 2 Treasury Department shall certify to the department the total 3 amount then available for distribution, and the department 4 shall make distribution of payments required under this 5 subsection on or before the 20th day of each month. 6 (2) Beginning in the 1991-1992 fiscal year, each month, 7 the Treasury Department shall pay one-twelfth of the 8 Department of Transportation project management oversight 9 share for that fiscal year into the General Fund. The moneys 10 so transferred are hereby appropriated to the Department of 11 Transportation for use by that department for expenses 12 related to project management and oversight of capital and 13 asset maintenance projects funded pursuant to this section. 14 (3) Each month, the Treasury Department shall pay one- 15 twelfth of the community transportation program section 1310 16 share for that fiscal year into the General Fund. The funds 17 so transferred are hereby appropriated to the Department of 18 Transportation to make grants to counties, pursuant to 19 section 1312 (relating to community transportation programs), 20 for the purpose of funding capital projects of community 21 transportation programs. 22 (4) Each month, the Treasury Department shall pay the 23 planning, development, research, rural expansion and 24 department-initiated programs section 1310 share for that 25 month into the General Fund. The funds so transferred are 26 hereby appropriated to the Department of Transportation to 27 incur costs directly or to make grants to local 28 transportation organizations or transportation companies, or 29 entities which seek to become local transportation 30 organizations or transportation companies, pursuant to 20070H1590B2342 - 43 -
1 section 1312, for the purpose of funding planning, 2 development, research, rural expansion and department- 3 initiated programs. 4 (5) Each month, the department shall distribute one- 5 twelfth of the Class 4 transit entity section 1310 share to 6 Class 4 transit entities in the manner provided in this 7 paragraph. Each Class 4 transit entity shall receive a 8 portion of each monthly distribution of the Class 4 transit 9 entity section 1310 share as follows: 10 (i) Fifty percent of the monthly distribution of the 11 Class 4 transit entity section 1310 share shall be 12 distributed to Class 4 transit entities based upon each 13 transit entity's Class 4 operating assistance grant 14 section 1310 percentage. The actual amount received by 15 each Class 4 transit entity under this subparagraph shall 16 be determined by multiplying a particular Class 4 transit 17 entity's Class 4 operating assistance grant section 1310 18 percentage times the total amount available for 19 distribution under this subparagraph. 20 (ii) Twenty-five percent of the monthly distribution 21 of the Class 4 transit entity section 1310 share shall be 22 distributed to Class 4 transit entities based upon each 23 transit entity's Class 4 revenue mile section 1310 24 percentage. The actual amount received by each Class 4 25 transit entity under this subparagraph shall be 26 determined by multiplying a particular Class 4 transit 27 entity's Class 4 revenue mile section 1310 percentage 28 times the total amount available for distribution under 29 this subparagraph. 30 (iii) Twenty-five percent of the monthly 20070H1590B2342 - 44 -
1 distribution of the Class 4 transit entity section 1310 2 share shall be distributed to Class 4 transit entities 3 based upon each transit entity's Class 4 revenue hour 4 section 1310 percentage. The actual amount received by 5 each Class 4 transit entity under this subparagraph shall 6 be determined by multiplying a particular Class 4 transit 7 entity's Class 4 transit entity revenue hour section 1310 8 percentage times the total amount available for 9 distribution under this subparagraph. 10 (6) Each month, after providing for payment of the 11 portion of the Department of Transportation project 12 management oversight share, the community transportation 13 program section 1310 share, the planning, development, 14 research, rural expansion and department-initiated programs 15 section 1310 shares and the Class 4 transit entity section 16 1310 share to be distributed that month, the department shall 17 distribute all remaining capital project, asset maintenance 18 and other program funds as follows: 19 (i) Each Class 1 transit entity shall receive a 20 prorata share of the Class 1 transit entity section 1310 21 share. If there is only one Class 1 transit entity, it 22 shall receive the entire Class 1 transit entity section 23 1310 share. 24 (ii) Each Class 2 transit entity shall receive a 25 prorata share of the Class 2 transit entity section 1310 26 share. If there is only one Class 2 transit entity, it 27 shall receive the entire Class 2 transit entity section 28 1310 share. 29 (iii) Each Class 3 transit entity shall receive a 30 portion of the Class 3 transit entity section 1310 share 20070H1590B2342 - 45 -
1 as follows: 2 (A) Sixteen and sixty-seven hundredths percent 3 of the Class 3 transit entity section 1310 share 4 shall be distributed to Class 3 transit entities 5 based upon each transit entity's Class 3 vehicle mile 6 section 1310 percentage. The actual amount received 7 by each Class 3 transit entity under this clause 8 shall be determined by multiplying a particular Class 9 3 transit entity's Class 3 vehicle mile section 1310 10 percentage times the total amount available for 11 distribution under this clause. 12 (B) Sixteen and sixty-seven hundredths percent 13 of the Class 3 transit entity section 1310 share 14 shall be distributed to Class 3 transit entities 15 based upon each transit entity's Class 3 vehicle hour 16 section 1310 percentage. The actual amount received 17 by each Class 3 transit entity under this clause 18 shall be determined by multiplying a particular Class 19 3 transit entity's Class 3 vehicle hour section 1310 20 percentage times the total amount available for 21 distribution under this clause. 22 (C) Sixteen and sixty-six hundredths percent of 23 the Class 3 transit entity section 1310 share shall 24 be distributed to Class 3 transit entities based upon 25 each transit entity's Class 3 total passenger section 26 1310 percentage. The actual amount received by each 27 Class 3 transit entity under this clause shall be 28 determined by multiplying a particular Class 3 29 transit entity's Class 3 total passenger section 1310 30 percentage times the total amount available for 20070H1590B2342 - 46 -
1 distribution under this clause. 2 (D) Twenty-five percent of the Class 3 transit 3 entity section 1310 share shall be distributed to 4 Class 3 transit entities based upon each transit 5 entity's Class 3 Federal operating cap percentage. 6 The actual amount received by each Class 3 transit 7 entity under this clause shall be determined by 8 multiplying a particular Class 3 transit entity's 9 Class 3 Federal operating cap percentage times the 10 total amount available for distribution under this 11 clause. 12 (E) Twenty-five percent of the Class 3 transit 13 entity section 1310 share shall be distributed to 14 Class 3 transit entities based upon each transit 15 entity's Class 3 State operating grant percentage. 16 The actual amount received by each Class 3 transit 17 entity under this clause shall be determined by 18 multiplying a particular Class 3 transit entity's 19 Class 3 State operating grant percentage times the 20 total amount available for distribution under this 21 clause. 22 (c) Change of classification.--If, during any fiscal year, 23 either the number of vehicles operated by a local transportation 24 organization or transportation company or the area served by 25 such a local transportation organization or transportation 26 company changes so that the local transportation organization or 27 transportation company meets the criteria for a different 28 transit entity class, as such criteria are set forth in section 29 1301 (relating to definitions), on or before July 15 of the 30 fiscal year which follows such a change and in each fiscal year 20070H1590B2342 - 47 -
1 thereafter, the department shall reflect any change in the 2 transit entity class of such a local transportation organization 3 or transportation company in the Department of Transportation 4 certification for that and subsequent fiscal years. In its 5 calculation of the transit entity section 1310 shares for each 6 transit entity class required by subsection (g)(1) and the 7 transit entity section 1310.1 shares for each transit entity 8 class required by subsection (g)(1) for the fiscal year 9 following the change in a local transportation organization or 10 transportation company's transit entity class and thereafter, 11 the department shall include the amount of the transit entity 12 sections 1310 and 1310.1 shares allocated to such a local 13 transportation organization or transportation company for the 14 fiscal year prior to the change in the transit entity class, in 15 the transit entity sections 1310 and 1310.1 shares for the new 16 transit entity class of such a local transportation organization 17 or transportation company, and shall delete an equal amount from 18 the transit entity sections 1310 and 1310.1 shares for the 19 transit entity class for which such a local transportation 20 organization or transportation company no longer meets the 21 criteria in the new fiscal year. No local transportation 22 organization or transportation company which has changed from 23 one transit entity class to another due to either an increase in 24 the number of vehicles operated or the United States Census 25 Bureau's declaring its service area an urbanized area shall 26 receive less than the amount transferred on its account by the 27 department pursuant to this section. 28 (d) Oversight.--The department shall initiate and maintain a 29 program of review and oversight for any projects receiving funds 30 distributed pursuant to this section and section 1310.1 20070H1590B2342 - 48 -
1 (relating to supplemental public transportation assistance 2 funding). The department is authorized to perform independent 3 financial audits of the financial statements of each local 4 transportation organization, transportation company or community 5 transportation program receiving moneys pursuant to this 6 section. These audits shall be conducted in accordance with 7 generally accepted auditing standards. Any financial statements 8 subject to the audit or reports resulting from the audit shall 9 be prepared and presented in accordance with generally accepted 10 accounting principles, consistently applied with previous 11 statements rendered for or on behalf of such organization or 12 company. The department may coordinate such audits in 13 conjunction with audits undertaken by the Auditor General. 14 (e) Fiscal year and capital budget.-- 15 (1) The governing body of each local transportation 16 organization or transportation company shall establish a 17 fiscal year for capital programs. No later than the last day 18 of each fiscal year for capital programs, each local 19 transportation organization or transportation company 20 receiving moneys pursuant to this section shall adopt a 21 capital budget and an asset maintenance spending plan for 22 submission to the department. 23 (2) The capital budget shall include the following: 24 (i) A description of any such project. 25 (ii) The projected cost of any project to be 26 undertaken, including supporting cash flow. 27 (iii) The duration of any such project, including 28 the projected starting date, completion date and 29 projected useful life of the project. 30 (iv) The proposed funding sources for any project. 20070H1590B2342 - 49 -
1 (v) A description of projects completed in the prior 2 fiscal year and their impact on operations. 3 (vi) A description of progress to date on projects 4 initiated in the prior fiscal year but not yet completed. 5 (vii) An explanation of any significant project 6 delays. 7 (viii) The use of funds under this section in the 8 prior fiscal year, including projects for which they were 9 used. 10 (ix) A multiyear plan for future use of funds 11 received under this section for a period of not less than 12 five years. 13 (x) Any other matter desired by the governing body 14 of such local transportation organization or 15 transportation company. 16 (3) The asset maintenance spending plan shall include: 17 (i) The amount of moneys expended for asset 18 maintenance costs. 19 (ii) The purposes for which such funds were 20 expended. 21 (iii) Those asset maintenance costs which are 22 projected to be funded during the subsequent twelve 23 months by the local transportation organization or 24 transportation company. 25 (iv) A multiyear plan for future use of funds 26 received under this section for a period of not less than 27 five years. 28 (4) The capital budget and the asset maintenance 29 spending plan shall be established by formal action of the 30 governing body of such local transportation organization or 20070H1590B2342 - 50 -
1 transportation company following an opportunity for comment 2 by the public and the department. Upon submission, the 3 department will review and may make recommendations to the 4 local transportation organization or transportation company 5 concerning the capital budget and asset maintenance spending 6 plan. 7 (5) The capital budget and the asset maintenance 8 spending plan may be amended by formal action of the 9 governing body of such local transportation organization or 10 transportation company from time to time. Any amendments to 11 the capital budget and the asset maintenance spending plan 12 shall be transmitted to the department for its review, and 13 the department may make recommendations to the local 14 transportation organization or transportation company 15 concerning any amendments to the capital budget and the asset 16 maintenance spending plan. 17 (f) Definitions.--As used in this section, the following 18 words and phrases shall have the meanings given to them in this 19 subsection: 20 "Capital project, asset maintenance and other program funds." 21 Moneys made available to finance capital projects and asset 22 maintenance costs of local transportation organizations, 23 transportation companies or community transportation programs or 24 to fund other programs specified in this section from: 25 (1) any fund of the Commonwealth where the legislation 26 creating such fund references this part and states that some 27 or all of the moneys in such fund are to be used to finance 28 capital projects and asset maintenance costs of local 29 transportation organizations, transportation companies or 30 community transportation programs and to fund certain other 20070H1590B2342 - 51 -
1 programs; or 2 (2) any other source, where such moneys are made 3 available specifically to finance capital projects and asset 4 maintenance costs of local transportation organizations, 5 transportation companies or community transportation programs 6 in accordance with this section. 7 "Class 1 section 1310 percentage." Seventy and three-tenths 8 percent. 9 "Class 2 section 1310 percentage." Twenty-five and four- 10 tenths percent. 11 "Class 3 section 1310 percentage." Four and three-tenths 12 percent. 13 "Class 1 to 3 section 1310 allocation." The total amount of 14 capital project, asset maintenance and other program funds 15 available for distribution by the Treasury Department during a 16 particular month, less: 17 (1) the amount of the Department of Transportation 18 project management oversight share to be paid each month 19 under subsection (b)(2); 20 (2) the amount of the community transportation program 21 section 1310 share to be paid each month under subsection 22 (b)(3); 23 (3) the amount of the planning, development, research, 24 rural expansion and department-initiated programs section 25 1310 share; and 26 (4) the amount of the Class 4 transit entity section 27 1310 share to be paid each month under subsection (b)(5). 28 "Class 1 transit entity section 1310 share." The product of 29 the Class 1 section 1310 percentage times the Class 1 to 3 30 section 1310 allocation. 20070H1590B2342 - 52 -
1 "Class 2 transit entity section 1310 share." The product of 2 the Class 2 section 1310 percentage times the monthly Class 1 to 3 3 allocation. 4 "Class 3 transit entity section 1310 share." The product of 5 the Class 3 section 1310 percentage times the monthly Class 1 to 6 3 allocation. 7 "Class 4 transit entity section 1310 share." Four million 8 dollars during the 1991-1992 fiscal year and $4,160,000 during 9 the 1992-1993 fiscal year. During the 1993-1994 through 1996- 10 1997 fiscal years, the term shall mean the Class 4 transit 11 entity section 1310 share for the prior fiscal year plus (or 12 minus) the product of the Class 4 transit entity section 1310 13 share for the prior fiscal year times the percentage increase or 14 decrease in the total funds available for distribution pursuant 15 to this section received by the Treasury Department in the most 16 recently completed fiscal year as compared with the prior fiscal 17 year. For the 1997-1998 fiscal year and each fiscal year 18 thereafter, the term shall mean 2.8% of the total amount of 19 capital project, asset maintenance and other program funds 20 projected by the department to be available under this section 21 for distribution during the subject fiscal year. 22 "Class 3 Federal operating cap percentage." The percentage 23 determined by dividing the Federal operating ceiling for a Class 24 3 transit entity by the total Federal operating ceilings for all 25 Class 3 transit entities. 26 "Class 3 State operating grant percentage." The percentage 27 determined by dividing the State subsidy received pursuant to 28 section 1303 (relating to annual appropriation and computation 29 of subsidy) during fiscal year 1990-1991 by a Class 3 transit 30 entity as stated in the latest Department of Transportation 20070H1590B2342 - 53 -
1 certification by the total State subsidies received pursuant to 2 section 1303 during fiscal year 1990-1991 by all Class 3 transit 3 entities as stated in the latest Department of Transportation 4 certification. For purposes of calculating the amount received 5 by a Class 3 transit entity pursuant to section 1303, any 6 Federal funds transferred from other local transportation 7 organizations and transportation companies from the Federal 8 fiscal year 1990-1991 Governor's apportionment allocation, 9 contained in the Urban Mass Transportation Act of 1964, shall be 10 considered to be amounts received pursuant to section 1303. 11 "Class 3 total passenger section 1310 percentage." The 12 percentage determined by dividing the total passengers 13 transported by a Class 3 transit entity as stated in the latest 14 Department of Transportation certification by the total number 15 of passengers transported by all Class 3 transit entities as 16 stated in the latest Department of Transportation certification. 17 "Class 3 vehicle hour section 1310 percentage." The 18 percentage determined by dividing the vehicle hours of a Class 3 19 transit entity as stated in the latest Department of 20 Transportation certification by the total number of vehicle 21 hours of all Class 3 transit entities as stated in the latest 22 Department of Transportation certification. 23 "Class 3 vehicle mile section 1310 percentage." The 24 percentage determined by dividing the vehicle miles of a Class 3 25 transit entity as stated in the latest Department of 26 Transportation certification by the total number of vehicle 27 miles of all Class 3 transit entities as stated in the latest 28 Department of Transportation certification. 29 "Class 4 operating assistance grant section 1310 percentage." 30 The percentage determined by dividing the Class 4 transit entity 20070H1590B2342 - 54 -
1 adjusted base grant received by a Class 4 transit entity by the 2 total Class 4 transit entity adjusted base grants received 3 pursuant to such act by all Class 4 transit entities during 4 fiscal year 1990-1991 as stated in the Department of 5 Transportation certification. 6 "Class 4 revenue hour section 1310 percentage." The 7 percentage determined by dividing the revenue hours of a Class 4 8 transit entity as stated in the latest Department of 9 Transportation certification by the total number of revenue 10 hours of all Class 4 transit entities as stated in the latest 11 Department of Transportation certification. 12 "Class 4 revenue mile section 1310 percentage." The 13 percentage determined by dividing the revenue miles of a Class 4 14 transit entity as stated in the latest Department of 15 Transportation certification by the total number of revenue 16 miles of all Class 4 transit entities as stated in the latest 17 Department of Transportation certification. 18 "Community transportation program section 1310 share." One 19 million seven hundred thousand dollars during the 1991-1992 20 fiscal year, $1,768,000 during the 1992-1993 fiscal year and, 21 during the 1993-1994 fiscal year and each fiscal year 22 thereafter, shall mean the community transportation program 23 section 1310 share for the prior fiscal year plus (or minus) the 24 product of the community transportation program section 1310 25 share for the prior fiscal year times the percentage increase or 26 decrease in the total funds available for distribution pursuant 27 to this section received by the Treasury Department in the most 28 recently completed fiscal year as compared with the prior fiscal 29 year. However, in any fiscal year in which the total funds 30 authorized to be expended from the State Lottery Fund for 20070H1590B2342 - 55 -
1 purposes enumerated in section 1312 (relating to community 2 transportation programs) is less than $600,000, the community 3 transportation program section 1310 share shall be increased so 4 that the sum of the community transportation program section 5 1310 share plus the total amount of such moneys paid from the 6 State Lottery Fund for purposes enumerated in section 1312 shall 7 equal $2,300,000. The combined funding to any county for 8 community transportation under sections 1310 and 1312 shall not 9 exceed $250,000 in any fiscal year. 10 "Department of Transportation project management oversight 11 share." One million dollars during the 1991-1992 fiscal year 12 and, during the 1992-1993 fiscal year and each fiscal year 13 thereafter, shall mean $1,000,000 or 0.25% of the total amount 14 of capital project, asset maintenance and other program funds 15 available for distribution pursuant to this section received by 16 the Treasury Department during the prior fiscal year, whichever 17 is greater. 18 "Department of Transportation certification." The 19 certification by the Department of Transportation to the 20 Treasury Department under subsection (g). 21 "Department-initiated programs." Mass transportation 22 programs with a regional or Statewide application, including, 23 without limitation, capital projects in support of intercity 24 rail passenger service, capital projects in support of intercity 25 bus service, transit safety initiatives, public-private 26 transportation partnerships, ridersharing incentive programs, 27 transportation management associations and other multimodal 28 transportation management projects. 29 "Federal operating ceiling." The maximum amount of Federal 30 funds permitted to be used by a Class 3 transit entity to 20070H1590B2342 - 56 -
1 subsidize transit operations, as published in the November 23, 2 1990, Federal Register (or, where there is more than one transit 3 entity in a region, the maximum amount of Federal funds which 4 such Class 3 transit entity could have utilized to subsidize 5 transit operations pursuant to the subregional allocation as 6 specified in the applicable transportation improvement program) 7 for fiscal year 1990-1991. 8 "Planning, development, research, rural expansion and 9 department-initiated programs section 1310 shares." The sum of 10 $83,333.33 plus 0.25% of the total capital project, asset 11 maintenance and other program funds available for distribution 12 by the Treasury Department during a particular month. 13 "Total passengers." The total of all revenue passengers plus 14 transfer passengers on second and successive rides of a local 15 transportation organization or transportation company, which are 16 funded in whole or in part by this part, with respect to the 17 most recent fiscal year reported in the most recently issued 18 Pennsylvania Mass Transit Statistical Report. 19 "Treasury Department." The State Treasurer and the Treasury 20 Department of the Commonwealth. 21 (g) Certification to Treasury Department.--On or before July 22 15 of each fiscal year, the Department of Transportation shall 23 calculate and certify to the Treasury Department the following: 24 (1) The Department of Transportation project management 25 oversight share, the community transportation program 26 sections 1310 and 1310.1 shares, the Class 1 transit entity 27 sections 1310 and 1310.1 shares, the Class 2 transit entity 28 sections 1310 and 1310.1 shares, the Class 3 transit entity 29 sections 1310 and 1310.1 shares and the Class 4 transit 30 entity sections 1310 and 1310.1 shares and the planning, 20070H1590B2342 - 57 -
1 development, research, rural expansion and department- 2 initiated programs sections 1310 and 1310.1 shares. 3 (2) The names and addresses of each Class 1 transit 4 entity, Class 2 transit entity, Class 3 transit entity and 5 Class 4 transit entity and whether such program or entity is 6 a Class 1 transit entity, Class 2 transit entity, Class 3 7 transit entity or Class 4 transit entity. 8 (3) The vehicle miles of each Class 3 transit entity, 9 the total vehicle miles of all Class 3 transit entities, the 10 Class 3 vehicle mile sections 1310 and 1310.1 percentages for 11 each Class 3 transit entity, the vehicle hours of each Class 12 3 transit entity, total vehicle hours of all Class 3 transit 13 entities, the Class 3 vehicle hour sections 1310 and 1310.1 14 percentages for each Class 3 transit entity, total passengers 15 for each Class 3 transit entity, the total passengers for all 16 Class 3 transit entities, the Class 3 total passenger 17 sections 1310 and 1310.1 percentages for each Class 3 transit 18 entity, the Federal operating ceiling for each Class 3 19 transit entity, the Federal operating ceiling for all Class 3 20 transit entities, the Federal operating cap percentage for 21 each Class 3 transit entity, the State subsidy received 22 pursuant to section 1303 (relating to annual appropriation 23 and computation of subsidy) as described in the definition of 24 "Class 3 State operating grant percentage" for each Class 3 25 transit entity, the State subsidy received pursuant to 26 section 1303 as described in the definition of "Class 3 State 27 operating grant percentage" for all Class 3 transit entities, 28 and the Class 3 State grant percentage for each Class 3 29 transit entity. 30 (4) The operating assistance grant received by each 20070H1590B2342 - 58 -
1 Class 4 transit entity during fiscal year 1990-1991 pursuant 2 to the act of February 11, 1976 (P.L.14, No.10), known as the 3 Pennsylvania Rural and Intercity Common Carrier Surface 4 Transportation Assistance Act, the operating assistance grant 5 received by all Class 4 transit entities during fiscal year 6 1990-1991 pursuant to that act, the Class 4 operating 7 assistance grant sections 1310 and 1310.1 percentages for 8 each Class 4 transit entity, the revenue miles of each Class 9 4 transit entity, the revenue miles of all Class 4 transit 10 entities, the Class 4 revenue mile sections 1310 and 1310.1 11 percentages of each Class 4 transit entity, the revenue hours 12 for each Class 4 transit entity, the revenue hours for all 13 Class 4 transit entities and the Class 4 revenue hour 14 sections 1310 and 1310.1 percentages for each Class 4 transit 15 entity. 16 § 1310.1. Supplemental public transportation assistance 17 funding. 18 (a) General rule.--Beginning July 1, 1997, 1.22% of the 19 money collected from the tax imposed under Article II of the act 20 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 21 1971, up to a maximum of $75,000,000, shall be deposited in the 22 Supplemental Public Transportation Account, which is established 23 in the State Treasury. Within 30 days of the close of a calendar 24 month, 1.22% of the taxes received in the prior calendar month 25 shall be transferred to the account. No funds in excess of 26 $75,000,000 may be transferred to the account in any one fiscal 27 year. The money in the account shall be used by the department 28 for supplemental public transportation assistance, to be 29 distributed under this section. Transit entities may use 30 supplemental assistance moneys for any of the purposes 20070H1590B2342 - 59 -
1 enumerated in section 1311 (relating to use of funds 2 distributed). In addition to those enumerated purposes, Class 1, 3 2 and 3 transit entities also may use the base supplemental 4 assistance share for general operations. Class 4 transit 5 entities may use all supplemental assistance moneys for general 6 operations. 7 (b) Distribution.--During each fiscal year, capital project, 8 asset maintenance and other program funds designated as 9 supplemental public transportation assistance funding to be 10 distributed pursuant to this section shall be distributed as 11 follows: 12 (1) On or before the fifth day of each month, the 13 Treasury Department shall certify to the department the total 14 amount of money then available for distribution, and the 15 department shall disburse the money on or before the 20th day 16 of each month. 17 (2) Each month the department shall distribute to each 18 local transportation organization or transportation company 19 1/12 of the base supplemental assistance share of that local 20 transportation organization or transportation company. 21 (3) Each month the Treasury Department shall pay 1/12 of 22 the community transportation program section 1310.1 share for 23 that fiscal year to the Department of Transportation to make 24 grants to counties pursuant to section 1312 (relating to 25 community transportation programs) for the purpose of funding 26 capital projects of community transportation programs. 27 (4) Each month the department shall distribute 1/12 of 28 the Class 4 transit entity section 1310.1 share to Class 4 29 transit entities according to the same formula as provided 30 for distribution of funds under section 1310(b)(5) (relating 20070H1590B2342 - 60 -
1 to distribution of funding), using the Class 4 transit entity 2 section 1310.1 share in place of the Class 4 transit entity 3 section 1310 share. 4 (5) Each month, after providing for payment of the 5 portion of the base supplemental assistance share, the 6 community transportation program section 1310.1 share and the 7 Class 4 transit entity section 1310.1 share to be distributed 8 that month, the department shall distribute all remaining 9 capital project, asset maintenance and other program funds 10 required to be distributed pursuant to this section according 11 to the same formula as provided for distribution of funds in 12 section 1310(b)(6), using the transit entity's section 1310.1 13 share in place of the transit entity's section 1310 share. 14 (c) Definitions.--As used in this section, the following 15 words and phrases shall have the meanings given to them in this 16 subsection. Any term used in this section but not defined in 17 this subsection shall have the meaning given in section 1310(f): 18 "Base supplemental assistance share." The P.L. 103-122 19 percentage for each local transportation organization or 20 transportation company multiplied by $54,616,000. 21 "Capital project, asset maintenance and other program funds." 22 Moneys made available under this section to finance capital 23 projects and asset maintenance costs of local transportation 24 organizations, transportation companies or community 25 transportation programs or to fund other programs specified in 26 this section. 27 "Class 1 section 1310.1 percentage." 70.3%. 28 "Class 2 section 1310.1 percentage." 25.4%. 29 "Class 3 section 1310.1 percentage." 4.3%. 30 "Class 1 to 3 section 1310.1 allocation." The total amount 20070H1590B2342 - 61 -
1 of capital project, asset maintenance and other program funds 2 available for distribution by the Treasury Department during a 3 particular month less: 4 (1) the amount of the base supplemental assistance share 5 to be paid each month under subsection (b)(2); 6 (2) the amount of the community transportation program 7 section 1310.1 share to be paid each month under subsection 8 (b)(3); and 9 (3) the amount of the Class 4 transit entity section 10 1310.1 share to be paid each month under subsection (b)(4). 11 "Class 1 transit entity section 1310.1 share." The product 12 of the Class 1 section 1310.1 percentage times the Class 1 to 3 13 section 1310.1 allocation. 14 "Class 2 transit entity section 1310.1 share." The product 15 of the Class 2 section 1310.1 percentage times the monthly Class 16 1 to 3 allocation. 17 "Class 3 transit entity section 1310.1 share." The product 18 of the Class 3 section 1310.1 percentage times the monthly Class 19 1 to 3 allocation. 20 "Class 4 transit entity section 1310.1 share." For each 21 fiscal year, the total amount projected by the department to be 22 available for distribution in the fiscal year in accordance with 23 this section, less $54,616,000, times 2.8%. 24 "Class 3 Federal operating cap percentage." The percentage 25 determined by dividing the Federal operating ceiling for a Class 26 3 transit entity by the total of all Federal operating ceilings 27 for Class 3 transit entities. 28 "Class 3 total passenger section 1310.1 percentage." The 29 percentage determined by dividing the total passengers 30 transported by a Class 3 transit entity, as stated in the latest 20070H1590B2342 - 62 -
1 Department of Transportation certification, by the total number 2 of passengers transported by all Class 3 transit entities, as 3 stated in the latest Department of Transportation certification. 4 "Class 3 vehicle hour section 1310.1 percentage." The 5 percentage determined by dividing the vehicle hours of a Class 3 6 transit entity, as stated in the latest Department of 7 Transportation certification, by the total number of vehicle 8 hours of all Class 3 transit entities, as stated in the latest 9 Department of Transportation certification. 10 "Class 3 vehicle mile section 1310.1 percentage." The 11 percentage determined by dividing the vehicle miles of a Class 3 12 transit entity, as stated in the latest Department of 13 Transportation certification, by the total number of vehicle 14 miles of all Class 3 transit entities, as stated in the latest 15 Department of Transportation certification. 16 "Class 4 operating assistance grant section 1310.1 17 percentage." The percentage determined by dividing the Class 4 18 transit entity adjusted base grant received by a Class 4 transit 19 entity, as stated in the latest Department of Transportation 20 certification, by the total Class 4 transit entity adjusted base 21 grants received by all Class 4 transit entities during fiscal 22 year 1990-1991, as stated in the latest Department of 23 Transportation certification. 24 "Class 4 revenue hour section 1310.1 percentage." The 25 percentage determined by dividing the revenue hours of a Class 4 26 transit entity, as stated in the latest Department of 27 Transportation certification, by the total number of revenue 28 hours of all Class 4 transit entities, as stated in the latest 29 Department of Transportation certification. 30 "Class 4 revenue mile section 1310.1 percentage." The 20070H1590B2342 - 63 -
1 percentage determined by dividing the revenue miles of a Class 4 2 transit entity, as stated in the latest Department of 3 Transportation certification, by the total number of revenue 4 miles of all Class 4 transit entities, as stated in the latest 5 Department of Transportation certification. 6 "Community transportation program section 1310.1 share." The 7 greater of: 8 (1) $1,200,000; or 9 (2) the total amount projected by the Department of 10 Transportation to be available for distribution in the 11 subject fiscal year in accordance with this section, less 12 $54,616,000, times 2.5%. 13 "P.L. 103-122 percentage." The percentage determined by 14 dividing the operating assistance grant or operating assistance 15 limitation, whichever is greater, but not to exceed the total 16 apportionment of funds made available to a particular local 17 transportation organization or transportation company in this 18 Commonwealth for each Class 1 transit entity, Class 2 transit 19 entity and Class 3 transit entity and the base grants approved 20 for each Class 4 transit entity pursuant to Public Law 103-122, 21 107 Stat. 1199, for the Federal fiscal year ending September 30, 22 1994, by the total of such amounts for all Commonwealth local 23 transportation organizations and transportation companies 24 pursuant to Public Law 103-122 for the fiscal year as determined 25 by the Department of Transportation. 26 § 1311. Use of funds distributed. 27 (a) Approval of department.-- 28 (1) No money made available pursuant to section 1310 29 (relating to distribution of funding) shall be expended on 30 any capital project by any local transportation organization 20070H1590B2342 - 64 -
1 or transportation company until after the local 2 transportation organization or transportation company submits 3 the project to the department for approval and the department 4 approves the project. At the option of the local 5 transportation organization or transportation company, 6 capital projects may be submitted to the department on an 7 annual basis at the time the local transportation 8 organization or transportation company submits its capital 9 budget to the department or at another time chosen by the 10 local transportation organization or transportation company. 11 (2) The department shall establish criteria for approval 12 of capital projects pursuant to this subsection, including, 13 but not limited to, consideration of estimated useful life, 14 demonstration of need and reasonableness of cost. 15 (3) Amendments to capital projects may be submitted at 16 any time to the department for its review and approval in 17 accordance with the procedures specified by the department. 18 (4) The department shall prescribe, under the authority 19 of this chapter, reasonable procedures, including deadlines, 20 for the department to review, comment and approve the capital 21 project or projects submitted by a local transportation 22 organization or transportation company. 23 (b) Funding purposes enumerated.--Moneys distributed 24 pursuant to section 1310 shall be used by local transportation 25 organizations and transportation companies for purposes of 26 paying: 27 (1) all costs of capital projects, including, without 28 limitation, the costs of acquisition, construction, 29 installation, start-up costs of operations, improvement and 30 all work and materials incident thereto, provided that funds 20070H1590B2342 - 65 -
1 expended for capital projects pursuant to section 1310 shall 2 be matched by local or private funding in an amount equal to 3 at least one-thirtieth of the project cost; 4 (2) debt service and the cost of issuance of bonds, 5 notes and other evidences of indebtedness which a local 6 transportation organization or transportation company is 7 permitted to issue under any law of this Commonwealth; and 8 (3) to the extent permitted by this section, asset 9 maintenance costs. Community transportation programs shall 10 use moneys distributed pursuant to this section only for 11 purposes enumerated in section 1312 (relating to community 12 transportation programs). 13 (c) Certain capital projects.--Notwithstanding any other 14 provision of law, each local transportation organization or 15 transportation company receiving moneys pursuant to section 1310 16 may use such moneys, in the discretion of such local 17 transportation organization or transportation company, to fund 18 all or a portion of capital projects listed in the program 19 prepared pursuant to section 2002(a)(13) of the act of April 9, 20 1929 (P.L.177, No.175), known as The Administrative Code of 21 1929. 22 (d) Management of funds.-- 23 (1) Each local transportation organization or 24 transportation company receiving moneys pursuant to sections 25 1310 and 1310.1 (relating to supplemental public 26 transportation assistance funding) shall hold such moneys in 27 an account separate from other funds of the local 28 transportation organization or transportation company and 29 shall invest such moneys until such funds are used in 30 accordance with this section, with such funds being invested 20070H1590B2342 - 66 -
1 in accordance with the limits on investment of the local 2 transportation organization or transportation company. 3 Notwithstanding any other provisions of this chapter, any 4 interest earned shall be used for capital projects and asset 5 maintenance costs during any period as determined by the 6 local transportation organization or transportation company. 7 (2) All moneys distributed pursuant to section 1310 and 8 utilized for asset maintenance under subsection (e) shall be 9 matched by local or private funding in an amount equal to at 10 least 1/30 of the amount expended for such purposes, except 11 that, in the case of Class 3 and 4 transit entities, no 12 matching funds shall be required if the department shall have 13 received from the local governmental funding source which 14 would otherwise provide the matching funds a certification 15 that compliance with the matching requirement would create an 16 undue financial burden upon the local governmental funding 17 source such that a curtailment of government services 18 endangering public health and safety would ensue. 19 (3) All moneys distributed pursuant to section 1310.1 20 and utilized under this section shall be matched by local or 21 private funding in an amount equal to at least 1/30 of the 22 amount expended for such purposes, except that, in the case 23 of Class 3 and 4 transit entities, no funds utilized for 24 asset maintenance under subsection (e) shall require a local 25 match if the department shall have received from the local 26 governmental funding source which would otherwise provide the 27 matching funds a certification that compliance with the 28 matching requirement would create an undue financial burden 29 upon the local governmental funding source such that a 30 curtailment of government services endangering public health 20070H1590B2342 - 67 -
1 and safety would ensue. 2 (e) Asset maintenance.-- 3 (1) Each local transportation organization or 4 transportation company may expend moneys distributed pursuant 5 to sections 1310 and 1310.1 shares to fund asset maintenance 6 costs as provided in this subsection. 7 (2) Moneys distributed pursuant to sections 1310 and 8 1310.1 may only be used to fund asset maintenance costs 9 incurred during the fiscal year in which such moneys are 10 allocated. Thereafter, such funds may only be used to fund 11 capital projects. 12 (3) On or before March 1 of each year, the department 13 shall certify to each local transportation organization or 14 transportation company the amount of capital project, asset 15 maintenance, base supplemental assistance and other program 16 funds which the department estimates each local 17 transportation organization or transportation company will be 18 entitled to receive during the ensuing fiscal year. Each 19 local transportation organization or transportation company 20 may expend moneys distributed pursuant to sections 1310 and 21 1310.1 shares to fund asset maintenance costs up to the 22 following maximum percentages of the estimate from the 23 department, including accrued interest, the amount received 24 during the prior fiscal year or the amount actually received 25 in the current fiscal year, whichever is greater: 26 (i) Class 1 transit entities may utilize for asset 27 maintenance costs up to a maximum of 30% of the funds 28 received pursuant to sections 1310 and 1310.1 shares. 29 (ii) Class 2 and 3 transit entities may utilize for 30 asset maintenance costs up to a maximum of 50% of the 20070H1590B2342 - 68 -
1 funds received pursuant to sections 1310 and 1310.1. 2 (iii) (Deleted by amendment). 3 (iv) Class 4 transit entities may utilize for asset 4 maintenance costs up to a maximum of 50% of the funds 5 received pursuant to sections 1310 and 1310.1. 6 (f) Eligible projects.--Notwithstanding any other provision 7 of this chapter, moneys provided under section 1310 to community 8 transportation programs may be expended only in accordance with 9 section 1312 and only to fund all or a portion of eligible 10 projects of such entities as enumerated in section 1312. 11 (g) Matching funds.--The moneys provided to local 12 transportation organizations, transportation companies or 13 community transportation programs pursuant to section 1310 may 14 be used as matching funds to obtain Federal aid for capital 15 projects. 16 (h) Use by department.--Funds appropriated to the department 17 pursuant to section 1310(b)(2) and (4) may be utilized by the 18 department for the purposes provided in either of such 19 paragraphs. 20 (i) Accounting.--Within 120 days after the end of each 21 fiscal year for capital programs established by the local 22 transportation organization or transportation company pursuant 23 to section 1310(e), each local transportation organization and 24 transportation company receiving moneys pursuant to sections 25 1310 and 1310.1 shares shall transmit to the department an 26 accounting of all funds received pursuant to sections 1310 and 27 1310.1 shares in that fiscal year. The accounting shall be in a 28 form prescribed by the department and shall include a listing of 29 all expenditures on a project by project basis and the status of 30 all unspent funds. The local transportation organization or 20070H1590B2342 - 69 -
1 transportation company shall grant access to the department or 2 its duly authorized representatives to any and all records 3 pertaining to funds received pursuant to sections 1310 and 4 1310.1 shares. 5 (j) Limit on certain amounts expended.--Notwithstanding any 6 law to the contrary and except as provided in subsection (a) for 7 Class 4 transit entities, local transportation organizations and 8 transportation companies are authorized to expend moneys 9 distributed pursuant to sections 1310 and 1310.1 shares for 10 asset maintenance costs in an amount not to exceed the greater 11 of: 12 (1) the maximum amount of asset maintenance expenditures 13 which could have been approved by the department for 14 expenditure by that local transportation organization or 15 transportation company for the 1991-1992 fiscal year pursuant 16 to section 17(a) of the act of August 5, 1991 (P.L.238, 17 No.26), entitled "An act amending Titles 74 (Transportation) 18 and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, 19 codifying provisions relating to public transportation; 20 imposing certain fees and taxes; further providing for 21 certain Pennsylvania Turnpike projects; defining 'farm 22 equipment'; further providing for the responsibilities of 23 vehicle transferees, for exemptions from registration and 24 certificates of title and for the use of dealer plates, 25 multipurpose dealer plates and farm equipment plates; further 26 providing for funeral processions; further providing for a 27 restricted receipts fund and for registration for snowmobiles 28 and ATV's; establishing the Snowmobile Trail Advisory 29 Committee; further providing for the highway maintenance and 30 construction tax; and making repeals," based upon a 20070H1590B2342 - 70 -
1 projection of $200,000,000 in total dedicated capital 2 assistance funds plus estimated amounts of supplemental 3 public transportation assistance funding available for 4 distribution pursuant to section 1310.1 in that fiscal year, 5 which estimate shall not be less than $75,000,000 in any 6 fiscal year; or 7 (2) the amount permitted to be expended for such 8 purposes under subsection (e). 9 § 1312. Community transportation programs. 10 (a) Grants from lottery fund.--All counties except counties 11 of the first and second class shall be entitled to grants from 12 the State Lottery Fund for the purpose of adding, replacing, 13 upgrading and overhauling equipment and purchasing, constructing 14 or renovating facilities to serve as office and maintenance 15 sites for the provision of reduced fare demand-response service. 16 Equipment that may be purchased shall include, but shall not be 17 limited to, vehicles, vehicle rehabilitation, major drivetrain 18 components, communication equipment, computer equipment and 19 software and office equipment and furnishings. The amount 20 entitled to all counties and to be granted by the department 21 shall not exceed $2,300,000. The department may require the 22 counties to coordinate the acquisition of equipment through a 23 Statewide purchase program should the department find such a 24 program to be cost efficient. 25 (b) Procedure.-- 26 (1) The department is hereby authorized to make grants 27 to all counties, except those of the first and second class, 28 or to entities designated by such counties to coordinate 29 services under this section in such county, for the purpose 30 of adding, replacing, upgrading and overhauling equipment for 20070H1590B2342 - 71 -
1 the provision of shared-ride transit services responsive to 2 and accessible by the general public as well as the elderly 3 and disabled. If sufficient funds remain after all department 4 approvals for such equipment projects have been fully funded, 5 the department is hereby authorized to make grants for the 6 purchase, construction or renovation of facilities to serve 7 as office and maintenance sites for the provision of shared- 8 ride transit services responsive to and accessible by the 9 general public as well as the elderly and disabled. Equipment 10 that may be purchased shall include, but shall not be limited 11 to, vehicles, vehicle rehabilitation, major drivetrain 12 components, communication equipment, computer equipment and 13 software and office equipment and furnishings. 14 (2) Counties other than counties of the first and second 15 class may obtain grants pursuant to this subsection by filing 16 with the department an application in a form prescribed by 17 it. The department shall require with such application a 18 transportation plan plus such other information as the 19 department may require. 20 (3) The applicant shall certify that all efforts 21 possible have been made to coordinate local service for the 22 elderly and disabled and the services to be offered with 23 these capital assets do not duplicate existing fixed route 24 services, as provided under the act of February 11, 1976 25 (P.L.14, No.10), known as the Pennsylvania Rural and 26 Intercity Common Carrier Surface Transportation Assistance 27 Act, and under other provisions of this part. The applicant 28 shall solicit comments from the local public body fixed route 29 provider and include any such comments as part of the 30 application. 20070H1590B2342 - 72 -
1 (4) All purchases pursuant to this subsection shall be 2 made in accordance with bidding procedures established under 3 the act of May 2, 1945 (P.L.382, No.164), known as the 4 Municipality Authorities Act of 1945, or the act of August 9, 5 1955 (P.L.323, No.130), known as The County Code, whichever 6 is applicable. 7 (c) Availability of funds.--Funds not expended under this 8 section in the fiscal year in which they were made available 9 shall not lapse and shall be available for use pursuant to this 10 section in the next succeeding fiscal years. 11 § 1313. Additional programs. 12 (a) Projects and programs enumerated.--The department is 13 hereby authorized to incur costs directly or to make grants, 14 undertake and provide financial support: 15 (1) To new rural transportation systems for the purpose 16 of funding capital, asset maintenance and operating costs of 17 new rural transportation systems. New rural transportation 18 systems may obtain grants under this section by filing for 19 each fiscal year with the department an application in a form 20 prescribed by it. The department shall require with the 21 application a transportation plan plus such other information 22 as the department may require to establish to the 23 satisfaction of the department that the new rural 24 transportation system is deserving of a grant under this 25 section. 26 (2) For the purpose of funding studies, analysis, 27 planning and development of programs for public 28 transportation assistance, services and facilities. 29 (3) To incur costs directly or to make grants for 30 department-initiated programs. 20070H1590B2342 - 73 -
1 (4) To make grants to Class 4 transit entities for the 2 significant expansion of services by such entities from funds 3 remaining in the development, planning and rural expansion 4 share after all grants have been made for the fiscal year 5 pursuant to paragraphs (1) and (2). Grants from the 6 development, planning and rural expansion share shall be used 7 by the Class 4 transit entity for the construction, 8 acquisition, capital projects, asset maintenance and 9 operating costs of the expansion of such entity. Class 4 10 transit entities may obtain grants by filing for each fiscal 11 year with the department an application in a form prescribed 12 by it. The department shall require with the application a 13 transportation plan plus such other information as the 14 department may require to establish to the satisfaction of 15 the department that the Class 4 transit entity is deserving 16 of a grant under this section. 17 (b) Availability of funds.--Funds not expended under this 18 section in the fiscal year in which they were made available 19 shall not lapse and shall be available for use pursuant to this 20 section in the next succeeding fiscal years. 21 § 1315. Public transportation grants management accountability. 22 (a) Performance audits.--All classes of transit entities 23 shall complete periodic management performance audits which 24 shall encompass all public transportation programs and services 25 financed in whole or in part by grants provided by the 26 department as follows: 27 (1) The department shall establish criteria to be 28 included in a performance audit performed pursuant to this 29 section. The criteria shall be published in the Pennsylvania 30 Bulletin. Separate criteria may be established for each class 20070H1590B2342 - 74 -
1 of transit entity. 2 (2) Management performance audits shall be completed 3 within ten months of their initiation and shall be performed 4 as follows: 5 (i) Class 1 transit entities shall begin the initial 6 management performance audit required pursuant to this 7 section no later than July 1, 1999, or, with the written 8 approval of the department, within five years of the 9 completion of the most recent performance audit. 10 Thereafter, Class 1 transit entities shall complete a 11 management performance audit at least once every five 12 years. 13 (ii) Class 2 transit entities shall begin the 14 initial management performance audit required by this 15 section no later than July 1, 2000, or, with the written 16 approval of the department, within five years of the most 17 recent performance audit. The department may extend the 18 initiation date for a period of up to five years. 19 Thereafter, Class 1 transit entities shall complete a 20 management performance audit at least once every five 21 years. 22 (iii) Class 3 transit entities in urbanized areas 23 with a population of 200,000 or greater shall begin the 24 initial management performance audit required by this 25 section no later than July 1, 2001. Class 3 transit 26 entities in urbanized areas with a population of less 27 than 200,000 shall begin the first management performance 28 audit required by this section no later than July 1, 29 2002. Thereafter, Class 3 transit entities shall perform 30 a management performance audit at least once every seven 20070H1590B2342 - 75 -
1 years. 2 (iv) Class 4 transit entities shall begin the first 3 initial management performance audit required by this 4 section no later than July 1, 2002. Thereafter, Class 4 5 transit entities shall perform a management performance 6 audit at least once every ten years. The department shall 7 perform management performance audits for Class 4 8 entities through qualified independent contractors unless 9 written notice is provided to the department by the Class 10 4 transit entity that the transit entity wishes to 11 perform its own audit. The notice shall be provided no 12 later than one year prior to the initiation date of the 13 next scheduled audit. 14 (3) Class 1, 2 and 3 transit entities shall bear all 15 costs of performing management performance audits pursuant to 16 this section. The cost of such management performance audits 17 for Class 4 transit entities shall be paid by the department 18 from funds made available under section 1310(d) (relating to 19 distribution of funding). 20 (4) For Class 1, 2 and 3 transit entities, the 21 management performance audit shall be conducted by a 22 qualified independent auditor selected by competitive 23 procurement. Procurement documents shall specify the scope of 24 the audit, comply with department criteria and be submitted 25 to the department for written approval prior to procurement. 26 (b) Submission of audit report; transit entity response.-- 27 (1) Upon receipt of a final audit report from the 28 auditor or, in the case of Class 4 transit entities, from the 29 department, each transit entity shall prepare an action plan 30 addressing the findings and recommendations of the audit 20070H1590B2342 - 76 -
1 report. The action plan shall be completed and approved by 2 the transit entity's governing body within two months of 3 receipt of the final audit report. The transit entity shall 4 implement its action plan in accordance with the time frames 5 specified in the plan. 6 (2) Upon approval of the action plan by the entity's 7 governing body, the transit entity shall submit the plan and 8 the auditor's report to the department. Class 1 and 2 transit 9 entities shall also submit their action plans to the 10 Legislative Budget and Finance Committee, the chairman and 11 minority chairman of the Transportation Committee of the 12 Senate and the chairman and minority chairman of the 13 Transportation Committee of the House of Representatives. 14 (c) Customer satisfaction surveys.--Customer satisfaction 15 surveys shall be conducted as follows: 16 (1) All Class 1 and 2 entities shall conduct customer 17 satisfaction surveys at least once every two years. Class 3 18 and 4 transit entities shall conduct customer satisfaction 19 surveys at least once every three years. An initial customer 20 satisfaction survey for each transit entity shall be 21 completed and submitted to the department no later than 22 December 31, 1998. 23 (2) The department shall provide guidelines regarding 24 the scope of the surveys and suggested questions which may be 25 included in the surveys. 26 (3) Upon completion of the survey, the transit entity 27 shall submit a report to the department containing survey 28 methodology, survey results, relevant trends in the level of 29 customer satisfaction and actions taken or planned to improve 30 customer satisfaction. 20070H1590B2342 - 77 -
1 (d) Suspension of grant funds.--The department may suspend 2 eligibility for grants under section 1303 (relating to annual 3 appropriation and computation of subsidy) for any transit entity 4 which fails to comply with any of the provisions of this 5 section. 6 (e) Restoration or continuation of funding.--The department 7 shall continue eligibility of a transit entity for grants under 8 section 1303 if the entity has initiated its audit or survey in 9 a timely manner and the delay in completion of the audit or 10 survey is not the fault of the transit entity. The department 11 shall restore eligibility of a suspended transit entity at such 12 time as the audit or survey is completed in accordance with the 13 requirements of this section. 14 (f) Cost reduction and productivity improvement.--As part of 15 its annual application for funding under section 1303, Class 1, 16 2, 3 and 4 transit entities shall include a report outlining 17 initiatives it has undertaken to reduce costs and improve 18 productivity.] 19 Section 2. Title 74 is amended by adding chapters to read: <-- 20 CHAPTER 13A 21 TRANSPORTATION ISSUES 22 Sec. 23 13A01. Declaration of policy. 24 § 13A01. Declaration of policy. 25 The General Assembly finds and declares as follows: 26 (1) This Commonwealth and the nation are facing serious 27 transportation funding problems related to gasoline and 28 energy. 29 (2) Public transportation is a major component of 30 solving the problems referred to in paragraph (1). 20070H1590B2342 - 78 -
1 (3) It is necessary to reconsider public transportation 2 options in this Commonwealth. 3 CHAPTER 15 4 SUSTAINABLE MOBILITY OPTIONS 5 Sec. 6 1501. Scope of chapter. 7 1502. (Reserved). 8 1503. Definitions. 9 1504. Program authorization. 10 1505. Regulations. 11 1506. Fund. 12 1507. Application and approval process. 13 1508. Federal funding. 14 1509. Limitation on decisions, findings and regulations of 15 department. 16 1510. Program oversight and administration. 17 1511. Report to Governor and General Assembly. 18 1512. Coordination. 19 1513. Operating program. 20 1514. Asset improvement program. 21 1515. New initiatives program. 22 1516. Programs of Statewide significance. 23 1517. Program oversight and administration. 24 1518. Retroactive authority. 25 § 1501. Scope of chapter. 26 This chapter relates to sustainable mobility options. 27 § 1502. (Reserved). 28 § 1503. Definitions. 29 The following words and phrases when used in this chapter 30 shall have the meanings given to them in this section unless the 20070H1590B2342 - 79 -
1 context clearly indicates otherwise: 2 "Access to jobs project." A project relating to the 3 development and maintenance of transportation services designed 4 to transport welfare recipients and eligible low-income 5 individuals to and from jobs and activities related to their 6 employment as defined under 49 U.S.C. § 5316 (relating to job 7 access and reverse commute formula grants). 8 "Americans with Disabilities Act." The Americans with 9 Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327). 10 "Asset maintenance costs." All vehicle maintenance expenses, 11 nonvehicle maintenance and materials expenses and the cost of 12 supplies used in the operation of local transportation 13 organizations and transportation companies. 14 "Award recipient." A recipient of financial assistance under 15 this chapter. 16 "Capital expenditures." All costs of capital projects, 17 including, but not limited to, the costs of acquisition, 18 construction, installation, start-up of operations, improvements 19 and all work and materials incident thereto. 20 "Capital project." 21 (1) A system of public passenger transportation, 22 including rail transportation facilities used for public 23 passenger transportation, which facilities may include the 24 following: 25 (i) railway, street railway, subway, elevated and 26 monorail passenger or passenger and rail rolling stock, 27 including self-propelled and gallery cars, locomotives, 28 passenger buses and wires, poles and equipment for the 29 electrification of any of such rails, tracks and 30 roadbeds, guideways, elevated structures, buildings, 20070H1590B2342 - 80 -
1 stations, terminals, docks, shelters and parking areas 2 for use in connection with the rail transportation 3 systems, interconnecting lines and tunnels to provide 4 passenger or passenger and rail service connections 5 between transportation systems, transportation routes, 6 corridors and rights-of-way therefor, but not for public 7 highways; 8 (ii) signal and communication systems necessary or 9 desirable for the construction, operation or improvement 10 of a public passenger system; or 11 (iii) any improvement or overhaul of any vehicle 12 equipment or furnishings of any of the items specified 13 under subparagraphs (i) and (ii) or any part or 14 fractional and undivided co-ownership or leasehold 15 interest in any one or combination of any of the items 16 specified under subparagraphs (i) and (ii) that may be 17 designated as a capital project by the Secretary of 18 Transportation. 19 (2) The term shall include the acquisition of land 20 necessary for the construction of a new project and debt 21 service and the cost of issuance of bond notes and other 22 evidences of indebtedness which a local transportation 23 organization or transportation company is permitted to issue 24 under any law of this Commonwealth. 25 "Commonwealth capital bonds." Evidence of debt incurred by 26 the Commonwealth under the act of February 9, 1999 (P.L.1, 27 No.1), known as the Capital Facilities Debt Enabling Act. 28 "Community transportation service" or "shared ride service." 29 Door-to-door demand transportation that is available to the 30 general public on a nonexclusive basis, operates on a nonfixed 20070H1590B2342 - 81 -
1 route basis and charges a fare to all riders. The term does not 2 include exclusive ride taxi service, charter and sightseeing 3 service, nonpublic transportation, school bus and limousine 4 service. 5 "Community transportation system." A person that provides 6 community transportation service and contracts with the 7 Department of Transportation to receive revenue replacement 8 funds. 9 "Department." The Department of Transportation of the 10 Commonwealth. 11 "Financial assistance." Grants or other types of financial 12 support provided by the Department of Transportation under this 13 chapter. 14 "Fixed guideway system." A fixed-route public transportation 15 service that uses and occupies a separate right-of-way or rail 16 line for the exclusive use of public transportation and other 17 high occupancy vehicles or uses a fixed catenary system and a 18 right-of-way usable by other forms of transportation. The term 19 includes light rail, commuter rail, automated guideway transit, 20 people movers, ferry boat service and fixed guideway facilities 21 for buses such as bus rapid transit and high occupancy vehicles. 22 "Fixed-route public transportation service." Regularly 23 scheduled general public transportation that is provided 24 according to published schedules along designated routes, but 25 that allows for route deviation within the published schedule, 26 with specified stopping points for the taking on and discharging 27 of passengers, including public bus and commuter rail systems 28 and other department-approved service. The term does not include 29 exclusive ride taxi service, charter or sightseeing service, 30 nonpublic transportation, school bus and limousine service. 20070H1590B2342 - 82 -
1 "Fund." The Public Transportation Trust Fund established 2 under section 1506 (relating to fund). 3 "Inflation index." An index established by the Department of 4 Transportation that is inflation sensitive. 5 "Intercity bus service." Passenger bus service of 35 miles 6 or more in length that is provided with an over the road bus and 7 operated between two noncontiguous urbanized areas, between an 8 urbanized area located in one county and rural communities 9 located in another county or between rural communities located 10 in different counties and contains all of the following 11 elements: 12 (1) Service that is operated for a fare on a regularly 13 scheduled fixed-route basis. 14 (2) Service that is offered to and utilized by the 15 general public without preconditions of advance reservation 16 or membership in a particular organization. 17 "Intercity passenger rail service." Passenger railroad 18 service that connects two or more urbanized areas and is 19 determined by the Department of Transportation to qualify as 20 intercity service, including commuter rail service. 21 "Job access and reverse commute project." A project funded 22 by the Federal Transit Administration under Federal law. 23 "Local transportation organization." Any of the following: 24 (1) A political subdivision or a public transportation 25 port or redevelopment authority organized under the laws of 26 this Commonwealth or pursuant to an interstate compact or 27 otherwise empowered to render, contract for the rendering or 28 assist in the rendering of transportation service in a 29 limited area in this Commonwealth, even though it may also 30 render or assist in rendering transportation service in 20070H1590B2342 - 83 -
1 adjacent states. 2 (2) A nonprofit association that directly or indirectly 3 provides public transportation service. 4 (3) A nonprofit association of public transportation 5 providers operating within this Commonwealth. 6 "Materials and supplies." Those categories of expenses as 7 specified in Uniform System of Accounts expense object class 8 504, National Transit Database operating expenses form F 30, 9 National Transit Database, Final Rule, Federal Transit 10 Administration, dated January 15, 1993, or any successor. 11 "Municipality." A city, borough, incorporated town or 12 township. 13 "New fixed guideway system." A newly-constructed fixed 14 guideway system in a corridor or alignment where no such system 15 previously existed. 16 "New freedom program." A public transportation program 17 designed to provide funds to recipients for new public 18 transportation services and public transportation alternatives 19 beyond those required by the Americans with Disabilities Act of 20 1990 (Public Law 101-336, 104 Stat. 327) that assist individuals 21 with disabilities with transportation, including transportation 22 to and from jobs and employment support services administered 23 under the provisions of 49 U.S.C. § 5317 (relating to new 24 freedom program.) 25 "New start." The term shall have the same meaning given it 26 in 49 CFR § 611.5 (relating to definitions). 27 "Nonurbanized area." An area within this Commonwealth that 28 does not fall within an area classified as "urbanized" by the 29 United States Bureau of the Census of the United States 30 Department of Commerce in the most recent Census of Population. 20070H1590B2342 - 84 -
1 "Nonvehicle maintenance expenses." The categories of costs 2 associated with the inspection, maintenance and repair of 3 assets, other than vehicles, as specified in Uniform System of 4 Accounts, expense function 042, National Transit Database 5 operating expenses form, F 30, National Transit Database, Final 6 Rule, Federal Transit Administration, dated January 15, 1993, or 7 any successor. 8 "Operating expenses." Total expenses required to continue 9 service to the public and to permit needed improvements in 10 service which are not self-supporting and otherwise for any 11 purpose in furtherance of public passenger transportation, 12 including all State asset maintenance costs. The term does not 13 include expenditures for capital projects unless specific 14 approval is provided by the Department of Transportation. 15 "Operating revenue." The total revenue earned by a local 16 transportation organization or a transportation company through 17 its transit operations. The term includes all of the following: 18 (1) Passenger fares. 19 (2) Reimbursements provided in lieu of fares for senior 20 passengers. 21 (3) Charter, school bus and advertising revenue. 22 (4) Other miscellaneous revenue such as public and 23 private route guarantee funds. 24 "Paratransit service." Transit service operating on a 25 nonfixed-route basis in order to provide complementary 26 transportation service to persons who are functionally unable to 27 use fixed-route transportation, as required by the Americans 28 with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 29 327). 30 "Passengers." The total of all originating passengers plus 20070H1590B2342 - 85 -
1 transfer passengers carried on fixed-route service and 2 paratransit service. 3 "Public passenger transportation." Transportation within an 4 area that includes a municipality or other built-up place that 5 is appropriate in the judgment of the Department of 6 Transportation to serve commuters or others in the locality, 7 taking into consideration the local patterns and trends of 8 growth by bus or rail or other conveyance, either publicly or 9 privately owned, serving the general public. The term does not 10 include school buses, charter or sightseeing services. 11 "Revenue replacement funds." Payments made to local 12 transportation organizations and transportation companies to 13 offset or partially offset fares. 14 "Revenue vehicle hours." The total amount of time calculated 15 in hours during which vehicles are in service and available for 16 public use in fixed-route service or paratransit service. The 17 term does not include deadhead hours. 18 "Revenue vehicle miles." The total amount of distance 19 calculated in miles during which vehicles are in service and 20 available for public use in fixed-route service or paratransit 21 service. The term does not include deadhead miles. 22 "Reverse commute project." A public transportation project 23 designed to transport residents of urbanized and nonurbanized 24 areas to suburban employment opportunities as defined under 49 25 U.S.C. § 5316 (relating to job access and reverse commute 26 formula grants). 27 "Secretary." The Secretary of Transportation of the 28 Commonwealth. 29 "Senior citizen." A person who is at least 65 years of age. 30 "Senior passenger." A senior citizen who rides on fixed 20070H1590B2342 - 86 -
1 route service. 2 "Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), 3 known as the Tax Reform Code of 1971. 4 "Transportation company." A person that renders public 5 passenger transportation service. 6 "Urbanized area." A portion of this Commonwealth classified 7 as urbanized by the United States Bureau of the Census of the 8 United States Department of Commerce in the most recent Census 9 of Population. 10 "Vehicle maintenance expenses." The categories of costs 11 associated with the inspection, maintenance and repair of 12 vehicles as specified in Uniform System of Accounts, expense 13 function 041, National Transit Database operating expenses form 14 F 30, National Transit Database, Final Rule, Federal Transit 15 Administration, dated January 15, 1993, or any successor. 16 "Welfare-to-work." Any Federal or State program designed to 17 move individuals from dependency on public welfare programs to 18 self-sufficiency through paid work. 19 § 1504. Program authorization. 20 (a) General.--The department may, within the limitations 21 provided in this chapter, incur costs directly or otherwise 22 provide financial assistance for the purposes and activities 23 enumerated in this chapter. 24 (b) Supplementation of Federal and local funds.--The 25 authority conferred on the department by this section includes, 26 but is not limited to, providing financial assistance for public 27 passenger transportation purposes and to supplement Federal 28 funding, local funding, or both. 29 § 1505. Regulations. 30 (a) General rule.--To effectuate and enforce the provisions 20070H1590B2342 - 87 -
1 of this chapter, the department shall promulgate necessary rules 2 and regulations and prescribe conditions and procedures in order 3 to assure compliance in carrying out the purposes for which 4 financial assistance may be made under this chapter. 5 (b) Temporary regulations.--During the two-year period 6 following the effective date of this section, the department 7 shall promulgate temporary regulations, which regulations shall 8 be exempt from the following: 9 (1) The act of October 15, 1980 (P.L.950, No.164), known 10 as the Commonwealth Attorneys Act. 11 (2) Section 205 of the act of July 31, 1968 (P.L.769, 12 No.240), referred to as the Commonwealth Documents Law. 13 (3) The act of June 25, 1982 (P.L.633, No.181), known as 14 the Regulatory Review Act. 15 Temporary regulations promulgated by the department under this 16 subsection shall expire four years following the effective date 17 of this section. 18 § 1506. Fund. 19 (a) Establishment and deposits.--A special fund is 20 established within the State Treasury to be known as the Public 21 Transportation Trust Fund. The following shall be deposited into 22 the fund annually: 23 (1) Funds under 75 Pa.C.S. § 8915.3(8) (relating to 24 lease of Interstate 80). 25 (2) The amounts made available to the department as an 26 executive authorization and an appropriation for the 2007- 27 2008 fiscal year and each fiscal year thereafter from the 28 State Lottery Fund for the Free Transit Program for Senior 29 Citizens established under the act of August 26, 1971 30 (P.L.351, No.91), known as the State Lottery Law. These 20070H1590B2342 - 88 -
1 revenues shall be used to provide free public transportation 2 service to senior citizens when passage is on fixed-route 3 public transportation services, as authorized by Chapter 9 of 4 the State Lottery Law and the free service shall be available 5 to senior citizens at any time during the service provider's 6 regular hours of service. With regard to passage on commuter 7 rail service provided to senior citizens, the fare shall 8 continue to be limited to $1 per trip as provided under 9 Chapter 9 of the State Lottery Law, but the limitation shall 10 be extended to all hours of commuter rail service. 11 (3) Commencing July 1, 2007, 1.22% of the money 12 collected from the tax imposed under Article II of the Tax 13 Reform Code, up to a maximum of $75,000,000. 14 (4) Commencing July 1, 2007, revenues deposited into the 15 Public Transportation Assistance Fund established under 16 Article XXIII of the Tax Reform Code to be used in accordance 17 with subsection (b). 18 (5) Commencing July 1, 2007, 3.03% of the money 19 collected from the tax imposed under Article III of the Tax 20 Reform Code. Within 30 days of the close of a calendar month, 21 3.03% of the taxes received under Article III of the Tax 22 Reform Code in the prior calendar month shall be transferred 23 to the fund. 24 (6) Any other appropriations to the fund. 25 (b) Use of revenues.-- 26 (1) Money in the fund shall be used by the department to 27 provide financial assistance to local transportation 28 organizations, transportation companies and agencies and 29 instrumentalities of the Commonwealth under this chapter, for 30 costs incurred directly by the department in the 20070H1590B2342 - 89 -
1 administration of public passenger transportation programs, 2 including under this chapter, and for all other purposes 3 enumerated in this chapter. 4 (2) Money in the fund is appropriated on a continuing 5 basis, upon approval of the Governor, to the department to be 6 used as provided in this chapter. Money in the fund shall not 7 lapse. 8 (c) Programs.--The fund is authorized to provide the 9 following: 10 (1) Financial assistance related to operating expenses 11 to be known as the "operating program." To the extent funds 12 are available, an amount not less than $810,000,000 of the 13 fund shall be allocated to this program in the first fiscal 14 year following the effective date of this section. Money in 15 the fund allocated to the operating program shall not be 16 increased by more than the inflation index in any year. 17 (2) Financial assistance for improvements to capital 18 assets, replacement of capital assets and expansion of 19 capital assets to be known as the "asset improvement 20 program." An amount equal to the remaining money in the fund, 21 less the allocations under paragraphs (1), (3) and (4) shall 22 be allocated to this program in the first fiscal year 23 following the effective date of this section. Money in the 24 fund for this program may include proceeds of Commonwealth 25 capital bonds. 26 (3) Financial assistance to fund new or expansions of 27 fixed guideway systems, to be known as the "new initiatives 28 program." An amount not greater than $50,000,000 of the fund 29 shall be allocated to this program in the first fiscal year 30 following the effective date of this section. 20070H1590B2342 - 90 -
1 (4) Financial assistance related to programs of 2 Statewide significance as described in section 1516 (relating 3 to programs of Statewide significance) to be known as the 4 "programs of Statewide significance program." To the extent 5 funds are available, an amount not less than $52,000,000 of 6 the fund shall be allocated to this program in the first 7 fiscal year following the effective date of this section. 8 § 1507. Application and approval process. 9 (a) Application.--An eligible applicant that wishes to 10 receive financial assistance under this chapter shall submit a 11 written application to the department, on a form developed by 12 the department, which shall include the following: 13 (1) The name and address of the applicant. 14 (2) The name and telephone number of a contact person 15 for the applicant. 16 (3) The amount and type of financial assistance 17 requested and the proposed use of the funds. 18 (4) A statement as to the particular need for the 19 financial assistance. 20 (5) A certified copy of a current resolution authorizing 21 submission of the application if the applicant is a governing 22 body. 23 (6) Evidence satisfactory to the department of the 24 commitment for matching funds required under this chapter 25 sufficient to match the projected financial assistance 26 payments at the same times that the financial assistance 27 payments are to be provided. 28 (7) Any other information the department deems necessary 29 or desirable. 30 (b) Approval and award.--Upon determining that an applicant 20070H1590B2342 - 91 -
1 has complied with this chapter, applicable rules and regulations 2 and any other requirement with respect to the financial 3 assistance requested, the department may award financial 4 assistance to the applicant, in which case the department and 5 the applicant shall enter into a financial assistance agreement 6 setting forth the terms and conditions upon which the financial 7 assistance shall be used and the timing of payment of the funds. 8 (c) Restriction on use of funds.--Financial assistance under 9 this chapter shall be used only for activities authorized 10 originally unless the department grants a waiver to the award 11 recipient for a different use of the funds. The department's 12 regulations shall describe circumstances under which it will 13 consider the waivers and information to be included in a request 14 for a waiver. The maximum duration of a waiver shall be one 15 year, and a request for a waiver shall include a plan of 16 corrective action to demonstrate that the award recipient does 17 not have an ongoing need to use financial assistance funds for 18 activities other than those for which funds were originally 19 awarded. 20 § 1508. Federal funding. 21 (a) General rule.--The department shall administer the 22 program in this chapter with such flexibility as to permit full 23 cooperation between Federal, State and local governments, 24 agencies and instrumentalities, local transportation 25 organizations and private interests, so as to result in as 26 effective and economical a program as possible. 27 (b) Agreements.--The department may enter into agreements 28 for mutual cooperation between or among the department and a 29 Federal agency, local transportation organization or 30 transportation company concerning a project to be funded with 20070H1590B2342 - 92 -
1 financial assistance under this chapter, including joint 2 applications for Federal grants. 3 (c) General authority of department.--The department may do 4 anything necessary or desirable to secure financial aid or 5 cooperation of a Federal agency in a project funded with 6 financial assistance under this chapter and to comply with a 7 Federal statute or lawful requirement of a Federal agency 8 authorized to administer a program of Federal aid to 9 transportation. The department may enter into a protective 10 agreement with organized labor to the extent required under 49 11 U.S.C. § 5333 (relating to labor standards) in order to obtain 12 Federal grant money for transportation assistance. Protective 13 agreements shall be narrowly drawn and strictly construed to 14 provide no more than the minimum protections required by the 15 United States Department of Labor for the agreements. 16 (d) Direct recipients.--Local transportation organizations 17 that are direct recipients of Federal funding shall be under no 18 obligation to enter into contracts with the department for 19 expenditure of those funds, except that the department may 20 require a contract for expenditure of the State portion of the 21 project assisted by those Federal funds. 22 § 1509. Limitation on decisions, findings and regulations of 23 department. 24 All decisions, findings and regulations made by the 25 department pursuant to this chapter shall be for the purposes of 26 this chapter only and shall not constitute evidence before a 27 regulatory body of this Commonwealth or any other jurisdiction. 28 § 1510. Program oversight and administration. 29 (a) Review and oversight.--The department shall initiate and 30 maintain a program of financial and performance review and 20070H1590B2342 - 93 -
1 oversight for all public transportation programs receiving 2 financial assistance under this chapter. The department may 3 perform independent financial audits of each award recipient. 4 Audits shall be conducted in accordance with generally accepted 5 auditing standards and shall ensure compliance by award 6 recipients with this chapter, department regulations and 7 policies and financial assistance agreements. 8 (b) State Rail Transit Safety Inspection Program.--The 9 department may conduct a State Rail Transit Safety Inspection 10 Program, as may be defined from time to time by the Federal 11 Transit Administration, to meet oversight requirements of the 12 Federal Transit Administration. The public transportation modes 13 covered shall include heavy rail, light rail, trackless trolley 14 bus and inclined plane services and related facilities. 15 § 1511. Report to Governor and General Assembly. 16 The department shall file a public passenger transportation 17 performance report with the Governor and the General Assembly by 18 April 30 of each year, covering the prior fiscal year. 19 § 1512. Coordination. 20 Coordination is required in regions where two or more award 21 recipients have services or activities for which financial 22 assistance is being provided under this chapter to assure that 23 the services or activities are provided efficiently and 24 effectively. 25 § 1513. Operating program. 26 (a) Eligible applicants.--The governing body of a 27 municipality, county or instrumentality of either, a 28 Commonwealth agency or instrumentality or a local transportation 29 organization may apply for financial assistance under the 30 operating program. 20070H1590B2342 - 94 -
1 (b) Applications.--In addition to information required under 2 section 1507 (relating to application and approval process), an 3 application for financial assistance under this section shall 4 include the applicant's reasonable estimates of operating 5 revenue and government subsidies sufficient to cover all 6 projected operating expenses. 7 (c) Distribution formula.--The following distribution 8 formula shall be applied by the department with respect to the 9 award of an operating grant: 10 (1) Twenty-five percent of the award amount shall be 11 based on passengers; 12 (2) Ten percent of the award amount shall be based on 13 senior passengers to offset free fares for senior passengers; 14 (3) Thirty-five percent of the award amount shall be 15 based on revenue vehicle hours; 16 (4) Thirty percent of the award amount shall be based on 17 revenue vehicle miles. 18 (d) Local match requirements.-- 19 (1) Local or private cash funding shall be provided as a 20 match in the amount of 20% of the financial assistance being 21 provided. The following apply: 22 (i) For the Fiscal Year 2007-2008, the minimum of 23 local or private cash funding required under this 24 paragraph shall be: 25 (A) the match required for Fiscal Year 2006- 26 2007; and 27 (B) 5% of the amount under clause (A). 28 (ii) For each fiscal year after Fiscal Year 2007- 29 2008 until the match required under this paragraph is 30 reached, the minimum of local or private cash funding 20070H1590B2342 - 95 -
1 required under this paragraph shall be: 2 (A) the match required for the immediately 3 preceding fiscal year; and 4 (B) 5% of the amount under clause (A). 5 (iii) There is no maximum on the local or private 6 cash funding required under this paragraph. 7 (2) For financial assistance to a local transportation 8 organization, eligible local matching funds shall consist 9 only of cash contributions provided by one or more 10 municipalities or counties that are members of the local 11 transportation organization. The amount of the match and the 12 time period during which the match must continue to be 13 available shall be specified in the financial assistance 14 agreement. Funding provided by local and private entities, 15 including advertising or naming rights, may be eligible for 16 the match to the extent they provide for the cost of transit 17 service that is open to the public. The following shall not 18 be eligible for a local match: 19 (i) Any form of transit operating revenue or other 20 forms of transit income provided by the local 21 transportation organization. 22 (ii) Funds used to replace fares. 23 (3) A county or municipality in a metropolitan area 24 which is a member of a local transportation organization is 25 authorized to provide annual financial assistance from 26 current revenues to the local transportation organization of 27 which it is a member or enter into a long-term agreement for 28 payment of money to assist in defraying the costs of 29 operation, maintenance and debt service of the local 30 transportation organization or of a particular public 20070H1590B2342 - 96 -
1 transportation project of a local transportation 2 organization. The obligation of a municipality or county 3 under an agreement pursuant to this paragraph shall not be 4 considered to be a part of the indebtedness of the county or 5 municipality, nor shall the obligation be deemed to impair 6 the status of any indebtedness of the county or municipality 7 which would otherwise be considered self-sustaining. 8 (4) The following shall apply to the Southeastern 9 Pennsylvania Transportation Authority: 10 (i) The local match provided by each jurisdiction 11 shall be calculated by multiplying the total match 12 required for State funding by the total of route miles 13 provided in that jurisdiction as a percentage of the 14 total route miles operated in all jurisdictions. Where 15 appropriate, a transportation system may calculate the 16 local match by mode or division, or both. 17 (ii) The department shall suspend funding of any 18 capital project within any county that fails to meet its 19 required matching funds requirement under this 20 subsection, and a transportation system shall not expand 21 service into any county that fails to meet its required 22 matching funds under this subsection. During any time in 23 which a county fails to meet its required matching funds 24 under this subsection the county's representative on the 25 governing body of the transporting organization shall 26 become a nonvoting member of the governing body until 27 such time that the county meets its local matching 28 requirements. 29 (e) Performance reviews.-- 30 (1) The department may conduct performance reviews of an 20070H1590B2342 - 97 -
1 award recipient that receives financial assistance under this 2 section to determine the efficiency and effectiveness of the 3 financial assistance. Reviews shall be conducted at regular 4 intervals as established by the department in consultation 5 with the management of the award recipient. After completion 6 of a review, the department shall issue a report that: 7 (i) highlights exceptional performance and 8 identifies any problems that need to be resolved; 9 (ii) assesses performance, efficiency and 10 effectiveness of the use of the funds; 11 (iii) makes recommendations on what follow-up 12 actions are required to remedy each problem; and 13 (iv) provides an action plan documenting who should 14 perform the recommended actions and a time frame within 15 which they should be performed. 16 (2) The department shall deliver the report to the 17 Governor, to the Transportation Committee of the Senate and 18 to the Transportation Committee of the House of 19 Representatives. The department's regulations shall contain a 20 description of the impact on both the amount of, and future 21 eligibility for, receipt of financial assistance under this 22 chapter based upon the degree to which the local 23 transportation organization complies with the recommendations 24 in the report. The department shall develop a list of best 25 practices revealed by the reports issued under this 26 subsection and shall post them on the department's Internet 27 website. 28 (f) Performance criteria.--Criteria used for the reviews 29 conducted under subsection (e) shall consist of passengers per 30 revenue vehicle hour, operating costs per revenue vehicle hour, 20070H1590B2342 - 98 -
1 operating revenue per revenue vehicle hour, operating costs per 2 passenger and other items as the department may establish. The 3 department's regulations shall set forth the minimum system 4 performance criteria that an award recipient must satisfy. 5 (g) Failure to satisfy minimum performance criteria.--If a 6 performance review conducted under subsection (e) reveals: 7 (1) that the performance of an award recipient's 8 transportation system has decreased compared to performance 9 determined through a prior review, the department may, upon 10 the written request of an award recipient, waive any 11 requirement for a reduction in the amount of financial 12 assistance to be awarded under this section for a reasonable 13 time period to allow the award recipient to bring the system 14 back to the required performance level. The award recipient 15 shall provide written justification for providing a time 16 period longer than two years. In order to obtain the waiver 17 for the period requested, the award recipient must do all of 18 the following: 19 (i) Develop an action plan to improve system 20 performance that contains key measurable milestones. The 21 action plan must be acceptable to the department and must 22 be approved by the department in writing. 23 (ii) Submit quarterly progress reports on the action 24 plan to the department. 25 (2) The department shall review and evaluate the award 26 recipient's progress to determine if the system has improved. 27 If the system has improved, funding will be determined by the 28 formula under subsection (c), and the award recipient will be 29 eligible for full formula funding. If the system has not 30 improved at the end of the time period established for 20070H1590B2342 - 99 -
1 improvement, the waiver will be withdrawn. Expenses incurred 2 by the award recipient as a result of the failure of the 3 award recipient's system to meet the minimum performance 4 criteria shall be borne by the award recipient. 5 (h) Adjustments to minimum performance criteria.--Upon 6 written request of a recipient of financial assistance under 7 this section, the department may approve adjustments to the 8 minimum performance criteria described in subsection (g) in a 9 given year if situations arise that affect performance of the 10 award recipient's system and are out of the award recipient's 11 control. Examples are labor strikes, infrastructure failures and 12 natural disasters. The request must include the award 13 recipient's justification for the adjustment. 14 (i) Periodic review of formula.--The department, in 15 consultation with all award recipients, shall review the 16 distribution formula established under subsection (c) at least 17 once every three years and, prior to the start of the next 18 succeeding fiscal year, shall recommend adjustments it deems 19 appropriate. If an adjustment results in a change of five 20 percentage points or less in any category, the department shall 21 forward a notice of the change to the Legislative Reference 22 Bureau for publication in the Pennsylvania Bulletin, and the 23 change shall take effect at the commencement of the next fiscal 24 year. If an adjustment results in a change in excess of five 25 percentage points in any category, the change shall be 26 incorporated into the department's regulations by amendment and 27 shall take effect at the commencement of the next fiscal year 28 following promulgation of the amendment. 29 (j) Needs-based adjustment.--In order to allow an award 30 recipient that was receiving financial assistance under former 20070H1590B2342 - 100 -
1 Chapter 13 (relating to public transportation assistance) prior 2 to the effective date of this section to transition into the 3 funding formula established under subsection (c), the department 4 shall provide the award recipient, as part of the award under 5 this section, with a needs-based adjustment. The needs-based 6 adjustment shall be calculated by increasing the amount that the 7 award recipient received under Chapter 13 for operating expenses 8 and asset maintenance costs in the 2005-2006 fiscal year and 9 increasing the resulting amount by an adjustment factor to 10 assure a funding level consistent with the operating funding 11 needs as identified by the department. Funds remaining after the 12 needs-based adjustment is applied shall be set aside in an 13 operating reserve account to be used at the department's 14 discretion for short-term public passenger transportation needs. 15 The department's regulations shall establish the manner in which 16 the funds in the reserve account may be used. 17 (k) Growth caps.--Each fiscal year after the fiscal year in 18 which the department provides a needs-based adjustment under 19 subsection (i), the department shall determine the maximum 20 percentage increase that an award recipient shall be eligible to 21 receive for operating expenses in addition to an increase tied 22 to the inflation index amount. The maximum percentage increase 23 shall be capped at the inflation index rate of the award 24 recipient's transportation system's passengers per revenue hour, 25 or revenue per revenue vehicle hour performance, falls below 26 peer system average or if the operating cost per revenue hour or 27 operating cost per passenger exceeds the peer system average. 28 Notwithstanding the provisions of this subsection, money 29 available for financial assistance under this section shall at 30 all times be capped by the amount of money in the fund allocated 20070H1590B2342 - 101 -
1 for the operating program. 2 (l) Operating reserve.--The department may establish a 3 limitation on the amount of financial assistance awarded under 4 this section that may be carried over for use in subsequent 5 fiscal years. 6 (m) Certification.--The Commonwealth shall not provide 7 financial assistance to a municipality under this section unless 8 the municipality certifies the amount of its local match under 9 subsection (d). 10 § 1514. Asset improvement program. 11 (a) Eligible applicants.--A local transportation 12 organization, an agency or instrumentality of the Commonwealth, 13 an entity responsible for coordinating community transportation 14 program services, or any other person the department deems to be 15 eligible may apply to the department for financial assistance 16 under the asset improvement program. The department shall 17 develop and maintain four-year and twelve-year plans that 18 summarize the capital projects and financial assistance for 19 capital projects based upon cash flow and revenue projections 20 for the fund. 21 (b) Applications.--In addition to information required under 22 section 1507 (relating to application and approval process), an 23 application for financial assistance under this section shall 24 include the following: 25 (1) Evidence satisfactory to the department that the 26 proposed capital project is included in the first year of the 27 applicant's four-year capital program and its federally 28 approved Transportation Improvement Program. 29 (2) If an applicant is requesting financial assistance 30 for replacement of capital assets, evidence satisfactory to 20070H1590B2342 - 102 -
1 the department that the capital assets to be replaced have 2 exceeded the useful life criteria as defined by the 3 department. At its discretion, the department may approve 4 funding to replace capital assets that do not exceed the 5 useful life criteria if the applicant provides documentation 6 acceptable to the department to justify the early replacement 7 of the capital assets. 8 (3) If the applicant is requesting financial assistance 9 for expansion of capital assets, evidence satisfactory to the 10 department that the applicant will have sufficient future 11 annual operating funds to support the proposed expansion of 12 the assets. 13 (4) Any other information required by the department, 14 including a return on investment analysis or a life cycle 15 cost analysis, or both. 16 (c) Local match requirements.--Financial assistance under 17 this section shall be matched by local or private cash funding 18 in an amount not less than 20% of the amount of the financial 19 assistance. The source of funds for the local match shall be 20 subject to the requirements of section 1513(d) (relating to 21 operating program). Each capital project shall be based on the 22 plan approved by the department. 23 (d) Conditions for receipt of bond funding.--An applicant 24 may receive proceeds of Commonwealth capital bonds from the fund 25 for financial assistance under this section if all of the 26 following conditions are met: 27 (1) The applicant's project has been authorized by a 28 capital budget project itemization act. 29 (2) The applicant's project shall have been included in 30 the department's approved annual release request approving 20070H1590B2342 - 103 -
1 the use of the funds for the proposed capital project in the 2 fiscal year in which the funds are expected to be expended. 3 (3) The department shall have approved the underlying 4 application for the capital project. 5 (4) The project has a 20-year or longer useful life. 6 (e) Priorities.--The award of financial assistance under 7 this section shall be subject to the following set of priorities 8 in descending order of significance unless a compelling return 9 on investment analysis for a project in a lower significant 10 category is provided to and approved by the department: 11 (1) Funds required to support existing local bond issues 12 currently supported with State revenue sources, such as debt 13 service and asset leases. The Commonwealth pledges to and 14 agrees with any person, firm or corporation holding any bonds 15 previously issued by, or any other debt incurred by, a local 16 transportation organization, and secured in whole or part by 17 a pledge of the funds provided to the local transportation 18 organization from the Public Transportation Assistance Fund 19 established under Article XXIII of the Tax Reform Code, that 20 the Commonwealth will not limit or alter rights vested in a 21 local transportation organization in any manner inconsistent 22 with obligations of the local transportation organization to 23 the obligees of the local transportation organization until 24 all bonds previously issued or other debt incurred, together 25 with the interest thereon, is fully paid or provided for. 26 (2) Funds required to match federally approved capital 27 projects funded under 49 U.S.C. §§ 5307 (relating to 28 urbanized area formula grants) and 5309 (relating to capital 29 investment grants and loans) and other federally approved 30 capital projects. 20070H1590B2342 - 104 -
1 (3) Other non-Federal capital projects as determined by 2 the department, which shall be further subject to the 3 following set of priorities in descending order of 4 significance: 5 (i) Essential emergency asset improvement projects. 6 (ii) Standard replacement of existing assets that 7 have exceeded their useful life. 8 (iii) Asset improvement projects to extend the 9 useful life of the affected assets. 10 (iv) Acquisition of new assets and other acceptable 11 purposes, other than projects to be funded under the new 12 initiatives program, as determined by the department. 13 (f) Bonding by award recipients.--With the approval of the 14 department, an award recipient that is allowed by its enabling 15 statute to issue bonds may do so for the purpose of financing a 16 multiyear capital project. The bonds shall be issued in 17 accordance with the provisions of the award recipient's enabling 18 statute. The department shall enter into an agreement with the 19 award recipient providing that payments of the capital funds 20 sufficient to satisfy requirements of the bonds issued be made 21 directly to the trustee and bond holders until such time as the 22 bonds are retired. 23 (g) Certification.--The Commonwealth shall not provide 24 financial assistance to a municipality under this section unless 25 the municipality certifies the amount of its local match under 26 subsection (c). 27 § 1515. New initiatives program. 28 (a) Eligible applicants.--Persons eligible to apply for 29 financial assistance under the asset improvement program shall 30 also be eligible to apply for financial assistance under the new 20070H1590B2342 - 105 -
1 initiatives program. 2 (b) Applications.--In addition to the information required 3 under section 1507 (relating to application and approval 4 process), an application for financial assistance under this 5 section shall include all of the information required in an 6 application for financial assistance under section 1514 7 (relating to asset improvement program). If the application is 8 for a proposed expansion of a capital asset, the application 9 shall also contain evidence satisfactory to the department that 10 the applicant will have sufficient future annual operating funds 11 to support the proposed expansion. 12 (c) Limitation.--In making awards of financial assistance 13 under this section, the department shall give priority to 14 applicants that intend to use the funds in satisfaction of the 15 local matching portion of federally approved projects funded 16 pursuant to 49 U.S.C. § 5309 (relating to capital investment 17 grants and loans). The department may fund projects that do not 18 receive funding from the Federal New Starts Program if the 19 applicant can provide sufficient justification that the project 20 can meet all of the following requirements: 21 (1) Investments in existing service areas have been 22 optimized. 23 (2) An analysis reveals a reasonable return on 24 investment. 25 (3) Identification of the public benefit of the project. 26 (4) Required local funds are available to pay any 27 required local match for the project and ongoing operating 28 costs. 29 (5) There exists local technical ability and capacity to 30 manage, construct and operate the project. 20070H1590B2342 - 106 -
1 (6) The project is supported by the adoption of an 2 integrated land use plan by local municipalities. 3 (d) Local match requirements.--Financial assistance under 4 this section shall be matched by local or private cash funding 5 in an amount not less than 100% of the amount of the grant. The 6 source of funds for the local match shall be subject to the 7 requirements of section 1513(d) (relating to operating program). 8 (e) Certification.--The Commonwealth shall not provide 9 financial assistance to a municipality under this section unless 10 the municipality certifies the amount of its local match under 11 subsection (d). 12 § 1516. Programs of Statewide significance. 13 (a) General rule.--Money in the fund allocated for programs 14 of Statewide significance shall be used by the department to 15 support public transportation programs, activities and services 16 not otherwise fully funded through the operating program, 17 capital program or asset improvement program. These include the 18 following: 19 (1) The Persons with Disabilities Program. 20 (2) Intercity and commuter rail and bus services. 21 (3) Community transportation capital and service 22 stabilization. 23 (4) The Welfare to Work Program and matching funds for 24 Federal programs with similar intent. 25 (5) Demonstration and research projects. 26 (6) Technical assistance. 27 (7) (Reserved). 28 (8) (Reserved). 29 (9) (Reserved). 30 (10) (Reserved). 20070H1590B2342 - 107 -
1 (11) Other public passenger transportation programs 2 initiated by the department. 3 (b) Persons with disabilities.--The department shall 4 establish and administer a program providing reduced fares to 5 persons with disabilities on community transportation services 6 and to provide financial assistance for start-up, administrative 7 and capital expenses related to reduced fares for persons with 8 disabilities. All of the following shall apply: 9 (1) A community transportation system operating in the 10 Commonwealth other than in counties of the first and second 11 class may apply for financial assistance under this 12 subsection. 13 (2) The department may award financial assistance under 14 this subsection for program start-up and for continuing 15 capital expenses to offset administrative and capital 16 expenses. For community transportation trips made by eligible 17 persons with disabilities, financial assistance may be 18 awarded to an eligible community transportation system to 19 reimburse the system for up to 85% of the fare established 20 for the general public for each trip which is outside of a 21 fixed-route and paratransit service areas and not eligible 22 for funding from any other program or funding source. The 23 person making the trip or an approved third-party sponsor 24 shall contribute the greater of 15% of the fare established 25 for the general public or the Americans with Disabilities Act 26 complementary paratransit fare. 27 (c) Intercity transportation.--The department is authorized 28 to provide financial support for an efficient and coordinated 29 intercity common carrier surface transportation program, 30 consisting of both intercity rail and intercity bus 20070H1590B2342 - 108 -
1 transportation, with the intent of sustaining strong intercity 2 connections. All of the following shall apply: 3 (1) An intercity passenger rail service provider, a 4 local transportation organization, an agency or 5 instrumentality of the Commonwealth and a transportation 6 company that provides intercity public transportation service 7 may apply for financial assistance under this subsection. The 8 department is authorized to enter into joint service 9 agreements with a railroad company, any other agency or 10 instrumentality of the Commonwealth, a Federal agency or an 11 agency or instrumentality of any other jurisdiction relating 12 to property, buildings, structures, facilities, services, 13 rates, fares, classifications, dividends, allowances or 14 charges, including charges between intercity rail passenger 15 service facilities, or rules or regulations pertaining 16 thereto, for or in connection with or incidental to 17 transportation in whole or in part upon intercity rail 18 passenger service facilities. 19 (2) Operating assistance and capital assistance may be 20 provided for intercity bus and rail services as determined by 21 the department. 22 (3) For financial assistance to a transportation 23 company, eligible matching funds shall consist only of cash 24 income generated by the transportation company from its 25 activities, other than the provision of public passenger 26 transportation service, and contributed by the transportation 27 company in the amount and for the time period specified in 28 the financial assistance agreement. 29 (4) Local match requirements are as follows: 30 (i) For intercity bus operating and capital 20070H1590B2342 - 109 -
1 assistance, the department shall require a local match by 2 local or private cash funding in an amount equal to 100% 3 of the amount of the financial assistance being provided. 4 (ii) For intercity rail operating and capital 5 assistance, the department shall require a local match on 6 a case-by-case basis, taking into account the best 7 interests of the Commonwealth. 8 (5) For purposes of this subsection, "local match" is 9 defined as local revenue obtained from other nonsubsidized 10 services, such as charter, school bus or profits realized 11 from other intercity bus services. Local match shall not 12 include any funds received from Federal or State sources. 13 (d) Community transportation.-- 14 (1) The department is authorized to provide financial 15 assistance under this section for all of the following: 16 (i) Capital expenditures for the provision of 17 community transportation service. 18 (ii) To stabilize current service and fares. 19 (iii) To provide advice or technical assistance to 20 analyze and enhance community transportation system 21 resources and services. 22 (iv) To maximize available funding including Federal 23 dollars. 24 (v) To ensure equitable cost sharing. 25 (2) The governing body of a county, other than a county 26 of the first or second class, or a transportation company 27 designated by the governing body of the county as the 28 coordinator of community transportation service, and an 29 agency or instrumentality of the Commonwealth may apply for 30 financial assistance under this subsection subject to all of 20070H1590B2342 - 110 -
1 the following: 2 (i) An applicant for financial assistance for 3 capital expenditures for the provision of public 4 community transportation service shall certify to the 5 department that it has taken all reasonable steps to 6 coordinate local service for the elderly and persons with 7 disabilities and that the services to be offered with the 8 capital assets do not duplicate existing fixed-route 9 services. 10 (ii) The governing body of a county or the 11 coordinator described under this paragraph shall not be 12 eligible for financial assistance for service 13 stabilization if any of the following apply: 14 (A) The coordinator receives financial 15 assistance under the operating program established 16 under this chapter. 17 (B) The coordinator is a private for-profit 18 provider. 19 (3) Financial assistance for service stabilization may 20 only be provided for the following purposes: 21 (i) Short-term, long-term and strategic planning. 22 (ii) Technology investment. 23 (iii) Training programs designed to enhance 24 transportation management and staff expertise. 25 (iv) Offsetting operating expenses that cannot be 26 covered by fare revenue due to emergencies. 27 (v) Marketing activities. 28 (vi) Other stabilization purposes approved by the 29 department. 30 (4) The department shall give high priority to providing 20070H1590B2342 - 111 -
1 financial assistance under this subsection as match for 2 Federal funding to support capital projects for community 3 transportation systems. 4 (5) The department shall conduct a study to evaluate the 5 effectiveness and efficiency of community transportation 6 service delivery as it relates to human service programs. The 7 Department of Public Welfare, the Office of the Budget and 8 the Department of Aging and other appropriate Commonwealth 9 agencies identified by the department shall participate and 10 fully support the study to achieve the intended purposes. 11 Within two years following the effective date of this 12 section, these agencies shall make recommendations to the 13 Governor and the Majority and Minority chairpersons of the 14 Transportation Committee of the Senate and the Majority and 15 Minority chairpersons of the Transportation Committee of the 16 House of Representatives for improving coordination and 17 efficiency of human services and community transportation. 18 (e) Welfare-to-work and Federal programs match.--The 19 department is authorized to provide financial assistance under 20 this section to design and implement projects and services and 21 to reimburse award recipients for the expenses associated with 22 the projects and services that identify and address public 23 passenger transportation and related barriers preventing 24 individuals eligible for participation in the Federal welfare- 25 to-work program from securing and maintaining employment and 26 from accessing community services and facilities. All of the 27 following shall apply: 28 (1) A local transportation organization, a 29 transportation company designated by a county as the 30 coordinator of community transportation services and any 20070H1590B2342 - 112 -
1 other person approved by the department may apply to the 2 department for financial assistance under this subsection. 3 (2) Financial assistance awarded under this subsection 4 shall be used for any of the following purposes: 5 (i) Fixed-route service subsidy. 6 (ii) Contracted transportation services. 7 (iii) Fixed-route fare discounts. 8 (iv) Community transportation fare discounts. 9 (v) Taxi fare discounts. 10 (vi) Mileage reimbursement. 11 (vii) Vehicle purchase, insurance, maintenance and 12 repair. 13 (viii) Driver education classes. 14 (ix) Administrative expenses. 15 (x) Case management expenses. 16 (xi) Any other activities consistent with the 17 transportation related elements of the welfare-to-work 18 program. 19 (3) The department shall give high priority to providing 20 financial assistance under this subsection as match for 21 Federal funding to support projects with similar purposes and 22 eligible uses, including the Federal Job Access Reverse 23 Commute and New Freedoms programs. 24 (f) Technical assistance and demonstration.--The department 25 is authorized to provide financial assistance under this section 26 for technical assistance, research and short-term demonstration 27 projects. All of the following shall apply: 28 (1) A local transportation organization or an agency or 29 instrumentality of the Commonwealth may apply to the 30 department for financial assistance under this subsection. 20070H1590B2342 - 113 -
1 (2) Financial assistance provided under this subsection 2 may be used for reimbursement for any approved operating or 3 capital costs related to technical assistance and 4 demonstration program projects. Financial assistance for 5 short-term demonstration projects may be provided at the 6 department's discretion on an annual basis based on the level 7 of financial commitment provided by the award recipient to 8 provide ongoing future funding for the project as soon as the 9 project meets the criteria established by the department and 10 the award recipient. Financial assistance for this purpose 11 shall not be provided for more than three fiscal years. 12 Financial assistance may be provided to meet any short-term 13 emergency need that requires immediate attention and cannot 14 be funded through other sources. 15 (3) Financial assistance under this subsection provided 16 to a local transportation organization shall be matched by 17 local or private cash funding in an amount not less than 3 18 1/3% of the amount of the financial assistance being 19 provided. The sources of funds for the local match shall be 20 subject to the requirements of section 1513(d) (relating to 21 operating program). 22 § 1517. Program oversight and administration. 23 The department is authorized to use available money in the 24 fund to cover the costs incurred by the department in 25 administering all of its public passenger transportation funding 26 programs, including those established under this chapter, and 27 incurred in the carrying out of its responsibilities with 28 respect to the programs. 29 § 1518. Retroactive authority. 30 (a) Date of project.--Financial assistance may be awarded 20070H1590B2342 - 114 -
1 under this chapter by the department with reference to an 2 appropriate project irrespective of when it was first commenced 3 or considered and regardless of whether costs with respect to 4 the project were incurred prior to the time the financial 5 assistance is applied for or provided. 6 (b) Capital projects.-- 7 (1) For capital projects, the applicant must obtain 8 approval in writing from the department prior to incurring 9 any expenses for which the applicant may later seek 10 reimbursement. 11 (2) Notwithstanding paragraph (1), approval by the 12 department shall not constitute an approval of the 13 applicant's underlying request for financial assistance. 14 (3) By providing preapproval under this subsection, the 15 department may recognize any local funds already expended as 16 satisfying the local match requirement if and when the 17 applicant's application is approved. 18 Section 2.1. Sections 1713(a) and 1715(a) of Title 74 are 19 amended to read: 20 § 1713. Appointment of board members. 21 (a) Appointment.--Except as provided in subsection (d) with 22 respect to the continuation in office of members of the board of 23 any authority established under the former provisions of Article 24 III of the act of January 22, 1968 (P.L.42, No.8), known as the 25 Pennsylvania Urban Mass Transportation Law, or the former 26 provisions of Chapter 15 (relating to metropolitan 27 transportation authorities), at any time after the effective 28 date of this chapter: 29 (1) The Governor may appoint as a member of the board 30 one person who may be an ex officio appointee from among the 20070H1590B2342 - 115 -
1 various officials in this Commonwealth and whose term as a 2 board member shall run concurrently with that of his 3 Commonwealth position, if any, or the term of the appointing 4 Governor, whichever is shorter. 5 (2) The Majority Leader and the Minority Leader of the 6 Senate and the Majority Leader and the Minority Leader of the 7 House of Representatives may each appoint one person to serve 8 as a board member, whose term shall be concurrent with the 9 term and who shall serve at the pleasure of the appointing 10 legislative leader. 11 (3) The county commissioners or the county council in 12 each county and, in any county of the first class containing 13 a city of the first class, the mayor, with the approval of 14 the city council, may appoint [two] persons from each county 15 to serve as board members[.] as follows: 16 (i) Two members for counties which contribute less 17 than 7.5% of total local match required for State 18 operating financial assistance. 19 (ii) Three members for counties which contribute at 20 least 7.5% but less than 25% of total local match 21 required for State operating financial assistance. 22 (iii) Four members for counties which contribute at 23 least 25% of total local match required for State 24 operating financial assistance. 25 (4) On the effective date of this paragraph, any county 26 which has a member of the board in excess of the number 27 allotted under paragraph (3) will lose an appointment to the 28 board upon the expiration of the term of the member whose 29 term expires next, or if there is a vacancy, may not appoint 30 a person to fill the vacancy. 20070H1590B2342 - 116 -
1 (5) The Secretary of Budget shall be a nonvoting member. 2 (6) The Secretary of Transportation or his deputy 3 secretary shall be a nonvoting member. 4 (7) Each member appointed by a county shall have a 5 professional background expertise or substantial experience 6 in one or more of the following areas: 7 (i) Transportation. 8 (ii) Finance. 9 (iii) Law. 10 (iv) Tourism. 11 (v) Ridership community groups. 12 (vi) Land use and urban planning. 13 * * * 14 § 1715. Meetings, quorum, officers and records. 15 (a) Meetings.--Regular meetings of the board shall be held 16 in the metropolitan area at least once in each calendar month 17 except July or August, the time and place of the meetings to be 18 fixed by the board. A majority of the board shall constitute a 19 quorum for the transaction of business. All action of the board 20 shall be by resolution, and the affirmative vote of a majority 21 of all the members shall be necessary for the adoption of any 22 resolution. No action by the board to which an express objection 23 has been made, under this section, by a board member or members 24 representing a county or counties having one-third or more of 25 the population of the metropolitan area, as determined by the 26 most recent decennial census, shall be carried unless supported 27 at a subsequent regular meeting of the board by the votes of at 28 least [three-quarters] 70% of the voting membership of the 29 board. In case of disagreement between members representing the 30 same county, each member shall be deemed to represent [one-half] 20070H1590B2342 - 117 -
1 an equal proportion of the population of that county. 2 * * * 3 Section 2.2. Title 74 is amended by adding a chapter to 4 read: 5 CHAPTER 81 6 TURNPIKE 7 Sec. 8 8101. Scope of chapter. 9 8102. Definitions. 10 8103. (Reserved). 11 8104. Status of turnpike revenue bonds, notes or other 12 obligations. 13 8105. Commission. 14 8106. Exercise of commission powers. 15 8107. Commission powers and duties. 16 8108. Expenses and bonding of commission members. 17 8109. Acquisition of property rights by commission. 18 8110. Procedural requirements of acquisition. 19 8111. Entry and possession of property condemned. 20 8112. Issuance of turnpike revenue bonds or other 21 obligations. 22 8113. Obligation proceeds restricted and lien created. 23 8114. Trust indenture authorized. 24 8115. Commission and obligations tax exempt. 25 8116. Collection and disposition of tolls and other revenue. 26 8116.1. Electronic toll collection. 27 8117. Refunding bonds. 28 8118. Rights of obligation holders and trustees. 29 8119. Authority granted to secretary. 30 8120. Construction of chapter. 20070H1590B2342 - 118 -
1 § 8101. Scope of chapter. 2 This chapter relates to turnpike organization, extension and 3 toll road conversion. 4 § 8102. Definitions. 5 The following words and phrases when used in this chapter 6 shall have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Commission." The Pennsylvania Turnpike Commission. 9 "Cost of the turnpikes." The term includes the cost of: 10 (1) Constructing turnpikes, connecting roads, storm 11 water management systems, tunnels and bridges. 12 (2) Lands, property rights, rights-of-way, easements and 13 franchises acquired by purchase or other means deemed 14 necessary or convenient for construction. 15 (3) Machinery and equipment, financing charges and 16 interest prior to construction, during construction and for 17 one year after completion of construction. 18 (4) Traffic estimates, engineering and legal expenses, 19 plans, specifications, surveys, cost and revenue estimates, 20 other expenses necessary or incident to determining the 21 feasibility or practicability of the enterprise, 22 administrative and legal expense and other expenses as may be 23 necessary or incident to financing authorized in this 24 chapter. 25 (5) Condemnation or other means of acquisition of 26 property necessary for the construction and operation. 27 (6) An obligation or expense contracted for by the 28 commission with the department or with the United States or a 29 Federal agency for any of the following: 30 (i) Traffic surveys, preparation of plans and 20070H1590B2342 - 119 -
1 specifications, supervision of construction and other 2 engineering and administrative and legal services and 3 expenses in connection with the construction of the 4 turnpike or any of the connecting roads, storm water 5 management systems, tunnels and bridges. 6 (ii) Costs of reimbursing the Federal Government 7 pursuant to the mandates of the Federal law for Federal 8 funds expended for interstate or other highways which are 9 to be made part of the turnpike system pursuant to this 10 chapter. 11 "Department." The Department of Transportation of the 12 Commonwealth. 13 "Electronic toll collection." A system of collecting tolls 14 or charges that is capable of charging an account holder for the 15 prescribed toll by electronic transmission of information 16 between a device on a vehicle and a device in a toll lane at a 17 toll collection facility. 18 "Lessee." A person, corporation, firm, partnership, agency, 19 association or organization that rents, leases or contracts for 20 the use of a vehicle and has exclusive use of the vehicle for 21 any period of time. 22 "Lessor." A person, corporation, firm, partnership, agency, 23 association or organization engaged in the business of renting 24 or leasing vehicles to any lessee under a rental agreement, 25 lease or other agreement under which the lessee has the 26 exclusive use of the vehicle for any period of time. 27 "Operator." An individual that uses or operates a vehicle 28 with or without permission of the owner. 29 "Owner." Except as provided under section 8116.1(e) 30 (relating to electronic toll collection), an individual, 20070H1590B2342 - 120 -
1 copartnership, association or corporation having title or 2 interest in a property right, easement or franchise authorized 3 to be acquired under this chapter. 4 "Secretary." The Secretary of Transportation of the 5 Commonwealth. 6 "Toll road conversion." The inclusion within the turnpike 7 system and the imposition of tolls on the system of a highway 8 that is presently toll free. 9 "Turnpikes." Any of the following: 10 (1) The turnpike, turnpike extensions and turnpike 11 improvements. 12 (2) Toll-free roads to be converted to toll roads under 13 this chapter. 14 (3) Related storm water management systems, tunnels and 15 bridges, property rights, easements and franchises deemed 16 necessary or convenient for the construction or the operation 17 of the turnpike, turnpike extension, turnpike improvement and 18 toll-free roads. 19 "Vehicle." The term as it is defined under 75 Pa.C.S. § 102 20 (relating to definitions). 21 "Violation enforcement system." A vehicle sensor, placed in 22 a location to work in conjunction with a toll collection 23 facility, which automatically produces a videotape or 24 photograph, microphotograph or other recorded image of the rear 25 portion of each vehicle at the time the vehicle is used or 26 operated in violation of the toll collection regulations. The 27 term includes any other technology which identifies a vehicle by 28 photographic, electronic or other method. 29 § 8103. (Reserved). 30 § 8104. Status of turnpike revenue bonds, notes or other 20070H1590B2342 - 121 -
1 obligations. 2 (a) General rule.--The turnpike revenue bonds, notes or 3 other obligations issued under the provisions of this chapter 4 shall not be deemed to be a debt of the Commonwealth or a pledge 5 of the faith and credit of the Commonwealth, but bonds, notes or 6 other obligations shall be payable solely from the revenues of 7 the commission, including tolls, or from funds as may be 8 available to the commission for that purpose. 9 (b) Statement required.--All bonds, notes or other 10 obligations shall contain a statement on their face that the 11 Commonwealth is not obligated to pay the same or the interest 12 thereon except from revenues of the commission, including tolls, 13 or from funds as may be available to the commission for that 14 purpose and that the faith and credit of the Commonwealth is not 15 pledged to the payment of the principal or interest of the 16 bonds, notes or other obligations. 17 (c) Pledge of Commonwealth prohibited.--The issuance of 18 turnpike revenue bonds, notes or other obligations under the 19 provisions of this chapter shall not directly or indirectly or 20 contingently obligate the Commonwealth to levy or to pledge any 21 form of taxation or to make any appropriation for their payment. 22 § 8105. Commission. 23 (a) Members.-- 24 (1) Notwithstanding any other law to the contrary, 25 vacancies in the membership of the commission on or after the 26 effective date of this subsection shall be filled as follows: 27 (i) The first vacancy shall be filled by a member to 28 be appointed by the Majority Leader of the Senate. 29 (ii) The second vacancy shall be filled by a member 30 to be appointed by the Minority Leader of the Senate. 20070H1590B2342 - 122 -
1 (iii) The succeeding two vacancies shall be filled 2 by members to be appointed by the Governor. 3 (2) Paragraph (1) shall apply to a vacancy on the 4 commission which has occurred for any reason, but only as to 5 a member serving on the effective date of this subsection. 6 (3) Notwithstanding any other law to the contrary, the 7 Majority Leader of the House of Representatives and the 8 Minority Leader of the House of Representatives shall each 9 appoint one additional member to serve on the commission. 10 (4) A vacancy occurring during the term of a member 11 appointed in accordance with this subsection shall be filled 12 in a like manner only for the unexpired appointive term of 13 the member whose office has become vacant. 14 (5) Members appointed under the provisions of this 15 subsection shall serve for a term of four years. Upon the 16 expiration of this term, an appointed member may continue to 17 hold office for 90 days or until a successor shall be duly 18 appointed and qualified, whichever period is shorter, but 19 shall not continue to hold office thereafter unless 20 reappointed in accordance with law. 21 (6) Vacancies filled under paragraph (1) and subsequent 22 appointments made to the commission shall be without the 23 advice and consent of the Senate. 24 (a.1) Advisory committee.-- 25 (1) There is hereby established a Pennsylvania Turnpike 26 Advisory Committee, which shall be composed of the following 27 members: 28 (i) The Secretary of Community and Economic 29 Development. 30 (ii) The Secretary of Revenue. 20070H1590B2342 - 123 -
1 (iii) The State Treasurer. 2 (iv) The chairman and minority chairman of the 3 Transportation Committee of the Senate. 4 (v) The chairman and minority chairman of the 5 Transportation Committee of the House of Representatives. 6 (vi) Eight members of the public representing the 7 area of concern specified who shall have extensive 8 experience and knowledge of transportation activities 9 throughout this Commonwealth to be appointed by the 10 Governor as follows: 11 (A) Two representatives of the engineering 12 community who are licensed and registered pursuant to 13 the act of May 23, 1945 (P.L.913, No.367), known as 14 the Engineer, Land Surveyor and Geologist 15 Registration Law. 16 (B) Two representatives from the highway 17 construction industry who have at least five years of 18 highway construction and planning experience. 19 (C) Two representatives from organized labor 20 unions. 21 (D) One member who shall be a certified public 22 accountant. 23 (E) One member from the general public with at 24 least five years of experience in transportation 25 finance and infrastructure. 26 (2) Each of the members of the committee may designate a 27 representative to serve in his stead. A member who designates 28 a representative shall notify the chairman in writing of the 29 designation. 30 (3) The term of all members of the committee appointed 20070H1590B2342 - 124 -
1 by the Governor shall be for three years. Any member of the 2 committee may be reappointed for no more than two full 3 successive terms. Any person appointed to fill a vacancy 4 occurring prior to the expiration of the term to which his 5 predecessor was appointed shall serve only for the unexpired 6 term. Each member shall serve until the appointment of a 7 successor. 8 (4) (i) The committee shall meet at least four times 9 every 12 months, but may hold such additional meetings as 10 are called by the chairman. The chairman shall provide 11 notice at least 14 days in advance for regular meetings 12 and provide a minimum of three days' notice for special 13 meetings. A majority of the appointed members shall 14 constitute a quorum for the conduct of business. 15 (ii) Minutes of meetings shall be prepared by the 16 secretary and filed with the committee and distributed to 17 all members. All records shall be a matter of public 18 record. 19 (iii) The public members of the committee shall be 20 allowed reasonable per diem expenses as established and 21 paid for by the commission. The commission shall provide 22 appropriate staff support to enable the committee to 23 properly carry out its functions. 24 (5) The committee shall have the power and duty to 25 consult and advise the Pennsylvania Turnpike Commission in 26 assisting in developing, operating and financing tolled 27 interstate systems within this Commonwealth in a timely, 28 efficient and cost-effective manner. Specifically, the 29 committee shall have the authority to conduct a study on the 30 feasibility of instituting toll collections on major 20070H1590B2342 - 125 -
1 interstates that pass through the State. 2 (6) The committee shall submit an annual report of its 3 deliberations and conclusions to the Governor and members of 4 the General Assembly by November 30 of each year. 5 (7) The Governor shall appoint one member of the 6 committee as chairperson. The members of the committee shall 7 annually elect a vice chairperson, a secretary and a 8 treasurer from among the members appointed to the committee. 9 (b) Secretary of Transportation.--The provisions of 10 subsection (a.1) shall not apply to the appointment of the 11 secretary who shall continue to be appointed and to serve as a 12 member of the commission ex officio in accordance with law. 13 (c) Chairman.--A majority of the members of the commission 14 shall elect a member of the commission to serve as chairman. 15 Upon the appointment and qualification of any new member to 16 serve on the commission, the office of chairman, and the 17 positions of all other officers created by law, shall be deemed 18 vacant and a new chairman and other officers shall be elected by 19 a majority of the members of the commission. 20 (d) Actions by the commission.--Notwithstanding any other 21 law, court decision, precedent or practice to the contrary, any 22 and all actions by or on behalf of the commission shall be taken 23 solely upon the approval of a majority of the members to the 24 commission. A majority of the members of the commission shall 25 mean five members of the commission. The term "actions by or on 26 behalf of the commission" means any action whatsoever of the 27 commission, including, but not limited to, the hiring, 28 appointment, removal, transfer, promotion or demotion of any 29 officers and employees; the retention, use or remuneration of 30 any advisors, counsel, auditors, architects, engineers or 20070H1590B2342 - 126 -
1 consultants; the initiation of any legal action; the making of 2 any contracts, leases, agreements, bonds, notes or covenants; 3 the approval of requisitions, purchase orders, investments and 4 reinvestments; and the adoption, amendment, revision or 5 rescission of any rules and regulations, orders or other 6 directives. The chairman, vice chairman or any other officer or 7 employee of the commission may take no action by or on behalf of 8 the commission except as expressly authorized by a majority of 9 the members of the commission. 10 (e) Compensation.--The annual salary of the Chairman of the 11 Pennsylvania Turnpike Commission shall be $28,500, and the 12 annual salary of the remaining members of the Pennsylvania 13 Turnpike Commission shall be $26,000. These salaries shall be 14 paid in equal installments every other week. 15 § 8106. Exercise of commission powers. 16 The exercise by the commission of the powers conferred by 17 this chapter in the construction, operation and maintenance of 18 the turnpikes and in effecting toll road conversions shall be 19 deemed and held to be an essential governmental function of the 20 Commonwealth. 21 § 8107. Commission powers and duties. 22 (a) Powers and duties of commission.--The commission may: 23 (1) Maintain a principal office at a place designated by 24 the commission. 25 (2) Contract and be contracted within its own name. 26 (3) Sue and be sued in its own name, plead and be 27 impleaded. Any civil action against the commission shall be 28 brought only in the courts in which actions may be brought 29 against the Commonwealth. 30 (4) Have an official seal. 20070H1590B2342 - 127 -
1 (5) Make necessary rules and regulations for its own 2 government and in control of traffic. 3 (6) Acquire, hold, accept, own, use, hire, lease, 4 exchange, operate and dispose of personal property, real 5 property and interests in real property and make and enter 6 into all contracts and agreements necessary or incidental to 7 the performance of its duties and the execution of its powers 8 under this chapter and employ engineering, traffic, 9 architectural and construction experts and inspectors, 10 attorneys and other employees as may in its judgment be 11 necessary and fix their compensation. 12 (7) (i) Provide grade separations at its own expense 13 with respect to all public roads, State highways and 14 interstate highways intersected by the turnpikes and to 15 change and adjust the lines and grades thereof so as to 16 accommodate the same to the design for grade separation. 17 (ii) The damages incurred in changing and adjusting 18 the lines and grades of public roads, State highways and 19 interstate highways shall be ascertained and paid by the 20 commission in accordance with 26 Pa.C.S. (relating to 21 eminent domain). 22 (iii) If the commission shall find it necessary to 23 provide a grade separation or change the site of any 24 portion of any interstate highway, State highway or 25 public road, or vacate the same, the commission shall 26 cause it to be reconstructed and restored at the 27 commission's expense on the most favorable location and 28 in as satisfactory a manner as the original road or 29 vacate it as the case may be. 30 (iv) The method of acquiring the right-of-way and 20070H1590B2342 - 128 -
1 determining damages incurred in changing the location of 2 or vacating the road, State highway or interstate highway 3 shall be ascertained and paid for in accordance with 26 4 Pa.C.S. 5 (8) Petition the court of common pleas of the county in 6 which any public road or part thereof is located and affected 7 by the location of the turnpikes, for the vacation, 8 relocation or supply of the same or any part thereof with the 9 same force and effect as is now given by existing laws to the 10 inhabitants of any township or the county, and the 11 proceedings upon petition, whether for the appointment of 12 viewers or otherwise, shall be the same as provided by 13 existing law for similar proceedings upon the petitions. 14 (9) Have all of the powers and perform all the duties 15 prescribed by the act of May 21, 1937 (P.L.774, No.211), 16 referred to as the Pennsylvania Turnpike Commission Act. 17 (b) Maintenance to be paid out of tolls.-- 18 (1) The turnpike extensions and improvements and the 19 conversion of toll-free roads to toll roads when completed 20 and open to traffic shall be maintained and repaired by and 21 under the control of the commission. 22 (2) All charges and costs for the maintenance and 23 repairs actually expended by the commission shall be paid out 24 of tolls. 25 (3) The turnpike, the turnpike extensions and 26 improvements and the toll-free roads converted to toll roads 27 shall also be policed and operated by a force of police, toll 28 takers and other operating employees as the commission may in 29 its discretion employ. 30 § 8108. Expenses and bonding of commission members. 20070H1590B2342 - 129 -
1 (a) Payment of expenses.--All compensation and salaries and 2 all expenses incurred in carrying out the provisions of this 3 chapter shall be paid solely from funds provided under the 4 authority of this chapter, and no liability or obligation shall 5 be incurred under this chapter beyond the extent to which money 6 shall have been provided under the authority of this chapter. 7 (b) No additional bond required.--The issuance of any 8 turnpike revenue bonds, notes or other obligations under the 9 provisions of this chapter shall not cause any member of the 10 commission to be required to execute a bond that a member of the 11 commission is not otherwise required to execute. 12 § 8109. Acquisition of property rights by commission. 13 (a) Condemnation.--The commission may condemn, pursuant to 14 26 Pa.C.S. (relating to eminent domain), any lands, interests in 15 lands, property rights, rights-of-way, franchises, easements and 16 other property deemed necessary or convenient for the 17 construction and efficient operation of the turnpikes and the 18 toll road conversions or necessary in the restoration or 19 relocation of public or private property damaged or destroyed. 20 (b) Purchase.-- 21 (1) The commission may acquire by purchase, whenever it 22 shall deem the purchase expedient, or otherwise accept if 23 dedicated to it, any lands, interests in lands, property 24 rights, rights-of-way, franchises, easements and other 25 property deemed necessary or convenient for the construction 26 and efficient operation of the turnpikes and toll road 27 conversions or necessary in the restoration of public or 28 private property damaged or destroyed, whether the property 29 has been previously condemned or otherwise, upon terms and at 30 a price as may be considered by the commission to be 20070H1590B2342 - 130 -
1 reasonable and can be agreed upon between the commission and 2 the owner thereof and to take title thereto in the name of 3 the commission. 4 (2) The net proceeds of the purchase price payable to a 5 municipality or the department for any real property or 6 interest therein obtained by the commission pursuant to this 7 chapter, less the cost of retiring any bonded indebtedness on 8 the property or interest, shall be used exclusively, in the 9 case of a municipality, for road-related and bridge-related 10 expenses and, in the case of the department, for highway and 11 bridge construction, reconstruction and maintenance in the 12 same engineering and maintenance district in which the 13 property is located. 14 § 8110. Procedural requirements of acquisition. 15 (a) Title.--Title to any property condemned by the 16 commission shall be taken in the name of the commission. 17 (b) Entry.-- 18 (1) In addition to any others powers set forth in this 19 chapter, the commission and its authorized agents and 20 employees may enter upon any lands, waters and premises in 21 this Commonwealth for the purpose of making surveys, 22 soundings, drillings and examinations, as it may deem 23 necessary or convenient for the purpose of this chapter. 24 (2) The entry shall not be deemed a trespass, nor shall 25 an entry for the purposes be deemed an entry under any 26 condemnation proceedings which may be then pending. 27 (3) The commission shall make reimbursement for any 28 actual damages resulting to the lands, waters and premises as 29 a result of the activities. 30 (c) Restoration of property.--Any public or private property 20070H1590B2342 - 131 -
1 damaged or destroyed in carrying out the powers granted by this 2 chapter shall be restored or repaired and placed in its original 3 condition as nearly as practicable or adequate compensation made 4 for the property out of funds provided under the authority of 5 this chapter. 6 (d) Powers of public bodies.--Notwithstanding any other 7 provision of law to the contrary, a political subdivision and a 8 public agency and commission of the Commonwealth may lease, 9 lend, dedicate, grant, convey or otherwise transfer to the 10 commission, upon its request, upon terms and conditions as the 11 proper authorities of the political subdivisions or public 12 agencies and commissions of the Commonwealth may deem reasonable 13 and fair and without the necessity for any advertisement, order 14 of court or other action or formality, other than the regular 15 and formal action of the authorities concerned, any real 16 property which may be necessary or convenient to the 17 effectuation of the authorized purposes of the commission, 18 including public roads and other real property already devoted 19 to public use. 20 § 8111. Entry and possession of property condemned. 21 Whenever the commission has condemned any lands, rights, 22 rights-of-way, easements and franchises, or interests therein, 23 as provided in this chapter, the commission may proceed to 24 obtain possession in the manner provided by 26 Pa.C.S. (relating 25 to the eminent domain). 26 § 8112. Issuance of turnpike revenue bonds or other 27 obligations. 28 (a) Authorization.-- 29 (1) A bond must be authorized by resolution of the 30 commission. The resolution may specify all of the following: 20070H1590B2342 - 132 -
1 (i) Series. 2 (ii) Date of maturity not exceeding 40 years from 3 date of issue. 4 (iii) Interest. 5 (iv) Denomination. 6 (v) Form, either coupon or fully registered without 7 coupons. 8 (vi) Registration, exchangeability and 9 interchangeability privileges. 10 (vii) Medium of payment and place of payment. 11 (viii) Terms of redemption not exceeding 105% of the 12 principal amount of the bond. 13 (ix) Priorities in the revenues or receipts of the 14 commission. 15 (2) A bond must be signed by or shall bear the facsimile 16 signature of such officers as the commission determines. 17 Coupon bonds must have attached interest coupons bearing the 18 facsimile signature of the treasurer of the commission as 19 prescribed in the authorizing resolution. A bond may be 20 issued and delivered notwithstanding that one or more of the 21 signing officers or the treasurer has ceased to be an officer 22 when the bond is actually delivered. A bond must be 23 authenticated by an authenticating agent, a fiscal agent or a 24 trustee, if required by the authorizing resolution. 25 (3) A bond may be sold at public or private sale for a 26 price determined by the commission. 27 (4) Pending the preparation of a definitive bond, 28 interim receipts or temporary bonds with or without coupons 29 may be issued to the purchaser and may contain terms and 30 conditions as the commission determines. 20070H1590B2342 - 133 -
1 (b) Provisions.--A resolution authorizing a bond may contain 2 provisions which shall be part of the contract with the 3 bondholder as to the following: 4 (1) Pledging the full faith and credit of the commission 5 but not of the Commonwealth or any political subdivision for 6 the bond or restricting the obligation of the commission to 7 all or any of the revenue of the commission from all or any 8 projects or properties. 9 (2) The construction, financing, improvement, operation, 10 extension, enlargement, maintenance and repair for the 11 payment of the costs of the turnpikes and the toll road 12 conversions, including the reconstruction of the converted 13 roads as provided for in this chapter and the repayment to 14 the Federal Treasury of any funds so required to be repaid 15 pursuant to any special legislation passed by the Congress of 16 the United States authorizing the conversion of toll-free 17 roads to toll roads, the financing for insurance reserves and 18 the duties of the commission with reference to these matters. 19 (3) Terms and provisions of the bond. 20 (4) Limitations on the purposes to which the proceeds of 21 the bond or other financing may be applied. 22 (5) Rate of tolls and other charges for use of the 23 facilities of or for the services rendered by the commission. 24 (6) The setting aside, regulation and disposition of 25 reserves and sinking funds. 26 (7) Limitations on the issuance of additional bonds. 27 (8) Terms and provisions of any deed of trust or 28 indenture securing the bond or under which any deed of trust 29 or indenture may be issued. 30 (9) Other additional agreements with the holder of the 20070H1590B2342 - 134 -
1 bond. 2 (c) Deeds of trust.--The commission may enter into any deed 3 of trust, indenture or other agreement with any bank or trust 4 company or other person in the United States having power to 5 enter into such an arrangement, including any Federal agency, as 6 security for a bond and may assign and pledge all or any of the 7 revenues or receipts of the commission under such deed, 8 indenture or agreement. The deed of trust, indenture or other 9 agreement may contain provisions as may be customary in such 10 instruments or as the commission may authorize, including 11 provisions as to the following: 12 (1) Construction, financing, improvement, operation, 13 maintenance and repair for the payment of the costs of the 14 turnpikes and the toll road conversions, including the 15 reconstruction of the converted roads as provided for in this 16 chapter and the repayment to the Federal Treasury of any 17 funds so required to be repaid pursuant to any special 18 legislation passed by the Congress of the United States 19 authorizing the conversion of toll-free roads to toll roads, 20 financing for insurance reserves and the duties of the 21 commission with reference to these matters. 22 (2) Application of funds and the safeguarding of funds 23 on hand or on deposit. 24 (3) Rights and remedies of trustees and bondholders, 25 including restrictions upon the individual right of action of 26 a bondholder. 27 (4) Terms and provisions of the bond or the resolution 28 authorizing the issuance of the bond. 29 (d) Negotiability.--A bond shall have all the qualities of 30 negotiable instruments under 13 Pa.C.S. Div. 3 (relating to 20070H1590B2342 - 135 -
1 negotiable instruments). 2 § 8113. Obligation proceeds restricted and lien created. 3 All money received from any bonds, notes or other obligations 4 issued under this chapter shall be applied solely to the payment 5 of the cost of the turnpike, the turnpike extensions and 6 improvements and the toll road conversions, including the 7 reconstruction of the converted roads as provided for in this 8 chapter and the repayment to the Federal Treasury of any funds 9 so required to be repaid pursuant to any special legislation 10 passed by the Congress of the United States authorizing the 11 conversion of toll-free roads to toll roads or to the 12 appurtenant fund. There is created and granted a lien upon the 13 money, until so applied, in favor of holders of the bonds, notes 14 or other obligations or the trustee provided for in this chapter 15 in respect of the bonds, notes or other obligations. 16 § 8114. Trust indenture authorized. 17 (a) Security for bonds.--In the discretion of the 18 commission, the bonds, notes or other obligations may be secured 19 by a trust indenture by and between the commission and a 20 corporate trustee, which may be any trust company or bank having 21 the powers of a trust company, within this Commonwealth. The 22 trust indenture may pledge or assign tolls and revenue to be 23 received but shall not convey or mortgage the Pennsylvania 24 Turnpike System, including the turnpikes and toll road 25 conversions provided for by this chapter. 26 (b) Rights of bondholders.--Either the resolution providing 27 for the issuance of the bonds, notes or other obligations or the 28 trust indenture may contain provisions for protecting and 29 enforcing the rights and remedies of the bondholders or holders 30 of notes or other obligations as may be reasonable and proper 20070H1590B2342 - 136 -
1 and not in violation of law, including covenants setting forth 2 the duties of the commission in relation to the acquisition of 3 properties and the construction, maintenance, operation and 4 repair and insurance of the turnpikes, and the custody, 5 safeguarding and application of all money. It shall be lawful 6 for any bank or trust company incorporated under the laws of 7 this Commonwealth to act as a depository of the proceeds of 8 bonds, notes or other obligations or revenues and to furnish the 9 indemnity bonds or to pledge the securities as may be required 10 by the commission. The trust indenture may set forth the rights 11 and remedies of the bondholders or holders of notes or other 12 obligations and of the trustee and may restrict the individual 13 right of action of bondholders or holders of notes or other 14 obligations as is customary in trust indentures securing bonds, 15 debentures of corporations, notes or other obligations. In 16 addition to the foregoing, the trust indenture may contain other 17 provisions as the commission may deem reasonable and proper for 18 the security of bondholders or holders of notes or other 19 obligations. All expenses incurred in carrying out the trust 20 indenture may be treated as part of the cost of maintenance, 21 operation and repair of the turnpikes and toll road conversions 22 provided for by this chapter. 23 § 8115. Commission and obligations tax exempt. 24 The accomplishment by the commission of the authorized 25 purposes stated in this chapter being for the benefit of the 26 people of this Commonwealth and for the improvement of their 27 commerce and prosperity, in which accomplishment the commission 28 will be performing essential governmental functions, the 29 commission shall not be required to pay any taxes or assessments 30 on any property acquired or used by it for the purposes provided 20070H1590B2342 - 137 -
1 in this chapter, and the bonds, notes or other obligations 2 issued by the commission, their transfer and the income 3 therefrom, including any profits made on the sale thereof, shall 4 at all times be free from taxation within this Commonwealth. 5 § 8116. Collection and disposition of tolls and other revenue. 6 (a) Establishment and changes in toll amounts.--Subject to 7 the terms of any trust indenture entered into by the commission, 8 any resolution authorizing the issuance of any bonds, notes or 9 other obligations of the commission, the commission is 10 authorized: to fix and to revise tolls for the use of the 11 Pennsylvania Turnpike System and the different parts or sections 12 of the system, including the turnpike, the turnpike extensions 13 and improvements and the toll road conversions authorized by 14 this chapter: to charge and collect the tolls; to contract with 15 any person, partnership, association or corporation desiring the 16 use of any part thereof, including the right-of-way adjoining 17 the paved portion, for placing thereon telephone, telegraph, 18 electric light or power lines, gas stations, garages, stores, 19 hotels, restaurants and advertising signs, or for any other 20 purpose, except for tracks for railroad or railway use; and to 21 fix the terms, conditions, rents and rates of charges for use. 22 Tolls shall be fixed and adjusted as to provide funds at least 23 sufficient with other revenues of the Pennsylvania Turnpike 24 System, if any, to pay: 25 (1) the cost of constructing, maintaining, repairing and 26 operating the Pennsylvania Turnpike System and the different 27 parts and sections of the system; and 28 (2) any bonds, notes or other obligations and the 29 interest thereon of the commission, and all sinking fund 30 requirements of the commission, and other requirements 20070H1590B2342 - 138 -
1 provided for by any resolution authorizing the issuance of 2 the bonds, notes or other obligations by the commission, or 3 by any trust indenture to which the commission is a party, as 4 the same shall become due. 5 (b) Restrictions on toll revenue.--Tolls shall not be 6 subject to supervision or regulation by any other State 7 commission, board, bureau or agency. Subject to the terms of any 8 presently existing trust indenture entered into by the 9 commission and any presently existing resolution authorizing the 10 issuance of any bonds, notes or other obligations of the 11 commission, the tolls and all other revenue derived from the 12 Pennsylvania Turnpike System shall be set aside and pledged as 13 may be provided in any resolutions, trust indentures or any 14 other agreements that the commission may hereafter adopt or 15 hereafter enter into with respect to the issuance of bonds, 16 notes or other obligations of the commission. 17 § 8116.1. Electronic toll collection. 18 (a) Liability of owner.-- 19 (1) If an operator of a vehicle fails to pay the 20 prescribed toll at any location where tolls are collected by 21 means of electronic toll collection, the owner of the vehicle 22 shall be liable to the commission for failure of the operator 23 of the vehicle to comply with this section if the violation 24 is evidenced by information obtained from a violation 25 enforcement system. 26 (2) If a violation of this section is committed, the 27 registration plate number of the vehicle as recorded by a 28 violation enforcement system shall establish an inference 29 that the owner of the vehicle was then operating the vehicle. 30 The inference shall be overcome if the owner does all of the 20070H1590B2342 - 139 -
1 following: 2 (i) Testifies that the owner was not operating the 3 vehicle at the time of the violation. 4 (ii) Submits to an examination as to who at the time 5 was operating the vehicle. 6 (iii) Reveals the name and residence address, if 7 known, of the operator of the vehicle. 8 (3) If an action or proceeding is commenced in a county 9 other than that of the residence of the owner, a verified 10 written statement setting forth the facts prescribed under 11 paragraph (2)(i), (ii) and (iii) shall suffice to overcome 12 the inference. 13 (4) If the inference is overcome, the operator of the 14 vehicle may be held liable under this section for failure to 15 pay the prescribed toll in the same manner as if the operator 16 were the owner of the vehicle. 17 (b) Imposition of liability.--Liability under this section 18 shall be imposed upon an owner for a violation of this section 19 or the regulations of the commission occurring within the 20 territorial limits of this Commonwealth. If a violation is 21 committed as evidenced by a violation enforcement system, the 22 following shall apply: 23 (1) The commission or an authorized agent or employee 24 must prepare and mail a notice of violation as follows: 25 (i) The notice of violation must be sent by first 26 class mail to each person alleged to be liable as an 27 owner for a violation of this section. 28 (ii) The notice must be mailed at the address shown 29 on the vehicle registration or at the address of the 30 operator, as applicable. Notice must be mailed no later 20070H1590B2342 - 140 -
1 than 60 days after: 2 (A) the alleged conduct; or 3 (B) the date the inference is overcome under 4 subsection (a)(2). 5 (iii) Personal service is not required. 6 (iv) The notice must contain all of the following: 7 (A) Information advising the person charged of 8 the manner and time in which the liability alleged in 9 the notice may be contested. 10 (B) A warning advising the person charged that 11 failure to contest in the manner and time provided 12 shall be deemed an admission of liability and that a 13 default judgment may be entered on the notice. 14 (1.1) A manual or automatic record of mailing prepared 15 in the ordinary course of business shall be prima facie 16 evidence of the mailing of notice. 17 (2) If an owner of a vehicle or an owner that is a 18 lessor of a vehicle receives a notice of violation under this 19 section for any time period during which the vehicle was 20 reported to a police department as having been stolen, it 21 shall be a defense to the allegation of liability that the 22 vehicle had been reported to the police as having been stolen 23 prior to the time the violation occurred and that the vehicle 24 had not been recovered by the time of the violation. For 25 purposes of asserting the defense under this paragraph, it 26 shall be sufficient that a certified copy of the police 27 report on the stolen vehicle be sent by first class mail to 28 the commission within 30 days after receiving the original 29 notice of violation. Failure to send the information within 30 the time limit under this paragraph shall render the owner or 20070H1590B2342 - 141 -
1 lessor liable for the penalty prescribed by this section. 2 (3) An owner that is a lessor of a vehicle as to which a 3 notice of violation was issued under paragraph (1) shall not 4 be liable for a violation if the owner sends to the 5 commission a copy of the rental, lease or other contract 6 document covering the vehicle on the date of the violation, 7 with the name and address of the lessee clearly legible to 8 the commission, within 30 days after receiving the original 9 notice of violation. Failure to send the information within 10 the time limit under this paragraph shall render the lessor 11 liable for the penalty prescribed by this section. If the 12 lessor complies with the provisions of this section, the 13 lessee of the vehicle on the date of the violation shall be 14 deemed to be the owner of the vehicle for purposes of this 15 section and shall be subject to liability for the penalty 16 under this section. 17 (4) A certified report or a facsimile report of an 18 authorized agent or employee of the commission reporting a 19 violation of this section or regulations of the commission 20 based upon the recorded information obtained from a violation 21 enforcement system shall be prima facie evidence of the facts 22 contained in the report and shall be admissible as an 23 official record kept in the ordinary course of business in 24 any proceeding charging a violation of this section or the 25 toll collection regulations of the commission. 26 (5) Notwithstanding any other provision of law, 27 videotapes, photographs, microphotographs, other recorded 28 images, written records, reports or facsimiles prepared 29 pursuant to this section shall be for the exclusive use of 30 the commission, its authorized agents, its employees and law 20070H1590B2342 - 142 -
1 enforcement officials for the purpose of discharging duties 2 under this section and the regulations of the commission. The 3 information shall not be deemed a public record under the act 4 of June 21, 1957 (P.L.390, No.212), referred to as the Right- 5 to-Know Law. The information shall not be discoverable by 6 court order or otherwise; nor shall it be offered in evidence 7 in any action or proceeding which is not directly related to 8 a violation of this section, the regulations of the 9 commission or indemnification for liability imposed pursuant 10 to this section. The restrictions set forth in this 11 paragraph: 12 (i) shall not be deemed to preclude a court of 13 competent jurisdiction from issuing an order directing 14 that the information be provided to law enforcement 15 officials if the information is reasonably described and 16 is requested solely in connection with a criminal law 17 enforcement action; 18 (ii) shall not be deemed to preclude the exchange of 19 the information between any entities with jurisdiction 20 over or which operate an electronic toll collection 21 system in this Commonwealth or any other jurisdiction; 22 and 23 (iii) shall not be deemed to prohibit the use of 24 information exclusively for the purpose of billing 25 electronic toll collection account holders, deducting 26 toll charges from the account of an account holder, 27 enforcing toll collection laws and related regulations or 28 enforcing the provisions of an account holder agreement. 29 (6) An imposition of liability under this section must 30 be based upon a preponderance of evidence. 20070H1590B2342 - 143 -
1 (7) An imposition of liability pursuant to this section 2 shall not be deemed a conviction of an owner and shall not be 3 made part of the motor vehicle operating record of the person 4 upon whom the liability is imposed, nor shall it be 5 considered in the provision of motor vehicle insurance 6 coverage. 7 (8) An owner that admits, is found liable or fails to 8 respond to the notice of violation for a violation of this 9 section shall be civilly liable to the commission for all of 10 the following: 11 (i) Either: 12 (A) the amount of the toll evaded or attempted 13 to be evaded if the amount can be determined; or 14 (B) the maximum toll from the farthest point of 15 entry on the Pennsylvania Turnpike to the actual 16 point of exit if the amount of the toll evaded or 17 attempted to be evaded cannot be determined. 18 (ii) A reasonable administrative fee not to exceed 19 $35 per notification. 20 (9) Nothing in this section shall be construed to limit 21 the liability of the operator of a vehicle for a violation of 22 this section or of the regulations of the commission. 23 (c) Placement of electronic toll collection device.--An 24 electronic toll collection device which is affixed to the front 25 windshield of a vehicle in accordance with the regulations of 26 the commission shall not be deemed to constitute a violation of 27 75 Pa.C.S. § 4524 (relating to windshield obstructions and 28 wipers). 29 (d) Privacy of electronic toll collection account holder 30 information.-- 20070H1590B2342 - 144 -
1 (1) Except as set forth paragraph (2), notwithstanding 2 any other provision of law, all of the following apply to 3 information kept by the commission, its authorized agents or 4 its employees which is related to the account of an 5 electronic toll collection system account holder: 6 (i) The information shall be for the exclusive use 7 of the commission, its authorized agents, its employees 8 and law enforcement officials for the purpose of 9 discharging their duties pursuant to this section and the 10 regulations of the commission. This subparagraph includes 11 names, addresses, account numbers, account balances, 12 personal financial information, vehicle movement records 13 and other information compiled from transactions with the 14 account holders. 15 (ii) The information shall not be deemed a public 16 record under the Right-to-Know Law, nor shall it be 17 discoverable by court order or otherwise or be offered in 18 evidence in any action or proceeding which is not 19 directly related to the discharge of duties under this 20 section, the regulations of the commission or a violation 21 of an account holder agreement. 22 (2) Paragraph (1) shall not be deemed to do any of the 23 following: 24 (i) Preclude a court of competent jurisdiction from 25 issuing an order directing that the information be 26 provided to law enforcement officials if the information 27 is reasonably described and is requested solely in 28 connection with a criminal law enforcement action. 29 (ii) Preclude the exchange of the information 30 between any entities with jurisdiction over or which 20070H1590B2342 - 145 -
1 operate an electronic toll collection system in this 2 Commonwealth or any other jurisdiction. 3 (iii) Prohibit the use of the information 4 exclusively for the purpose of billing electronic toll 5 collection account holders, deducting toll charges from 6 the account of an account holder, enforcing toll 7 collection laws and related regulations or enforcing the 8 provisions of an account holder agreement. 9 (e) Definition.--As used in this section, the term "owner" 10 means any person, corporation, firm, partnership, agency, 11 association, organization or lessor that, at the time a vehicle 12 is operated in violation of this section or regulations of the 13 commission: 14 (1) is the beneficial or equitable owner of the vehicle; 15 (2) has title to the vehicle; or 16 (3) is the registrant or coregistrant of the vehicle 17 registered with the department or a comparable agency of 18 another jurisdiction or uses the vehicle in its vehicle 19 renting or leasing business. The term includes a person 20 entitled to the use and possession of a vehicle subject to a 21 security interest in another person. 22 § 8117. Refunding bonds. 23 The commission is authorized to provide, by resolution, for 24 the issuance of turnpike revenue refunding bonds for the purpose 25 of refunding issued and outstanding turnpike revenue bonds, 26 notes or other obligations. Applicable provisions of this 27 chapter govern all of the following: 28 (1) Issuance of the turnpike revenue refunding bonds. 29 (2) Maturities and other details of the refunding bonds. 30 (3) Rights of the holders of the bonds. 20070H1590B2342 - 146 -
1 (4) Duties of the Commonwealth and of the commission in 2 respect to the bonds. 3 § 8118. Rights of obligation holders and trustees. 4 (a) Scope.--This section applies to all of the following: 5 (1) A holder of: 6 (i) a bond, note or other obligation issued under 7 this chapter; or 8 (ii) a coupon attached to the bond, note or other 9 obligation. 10 (2) The trustee under an applicable trust indenture. 11 (b) Enforcement.--Subject to subsection (c), a person 12 referred to in subsection (a) may, by an action at law or in 13 equity, do all of the following: 14 (1) Protect and enforce rights granted under this 15 chapter or under the resolution or trust indenture. 16 (2) Enforce and compel performance of all duties 17 required by this chapter or by the resolution or trust 18 indenture to be performed by the commission or an officer of 19 the commission. This paragraph includes fixing, charging and 20 collecting of tolls for the use of the turnpikes. 21 (c) Restriction.--Rights under this chapter may be 22 restricted by resolution passed before the issuance of the bond, 23 note or other obligation or by the trust indenture. 24 § 8119. Authority granted to secretary. 25 (a) Agreement with Federal Government.-- 26 (1) The secretary is authorized to enter into an 27 agreement with the United States Department of 28 Transportation, the Federal Highway Administration and any 29 other Federal agency to obtain Federal funds for projects for 30 resurfacing, restoring and rehabilitating toll roads in this 20070H1590B2342 - 147 -
1 Commonwealth. The commission is authorized to use Federal 2 funds which may be available for toll roads only upon 3 approval of the secretary and only under the authority 4 granted under this section. 5 (2) (Reserved). 6 (b) Approval by department.--Contracts and agreements 7 relating to the construction of the turnpikes and connecting 8 tunnels and bridges must be approved by the department. 9 § 8120. Construction of chapter. 10 This chapter shall be regarded as supplemental and additional 11 to powers conferred by other statutes and shall not be regarded 12 as in derogation of any powers now existing and shall be 13 liberally construed to effect its purposes. 14 Section 2.3. Section 8901 of Title 75 is amended to read: 15 § 8901. Definitions. 16 The following words and phrases when used in this chapter 17 shall have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 "Annual additional rent." That portion of the rent payable 20 to the Department of Transportation under section 8915.3(5) 21 (relating to lease of Interstate 80). 22 "Annual base rent." That portion of the rent payable to the 23 Department of Transportation under section 8915.3(4) (relating 24 to lease of Interstate 80). 25 "Annual surplus rent." That portion of the rent payable to 26 the Department of Transportation under section 8915.3(6) 27 (relating to lease of Interstate 80). 28 "Auditor General's certificate." The certificate issued by 29 the Auditor General within 180 days after the end of each fiscal 30 year of the Pennsylvania Turnpike Commission certifying all of 20070H1590B2342 - 148 -
1 the following: 2 (1) The amount of the general reserve fund surplus for 3 the fiscal year. 4 (2) Interstate 80 savings for the fiscal year. 5 (3) After review of the commission's current ten-year 6 capital plan, that the transfer of the general reserve fund 7 surplus under section 8915.3 (relating to lease of Interstate 8 80) shall not impair the ability of the commission to meet 9 its obligations under the lease agreement or the commission's 10 ten-year capital plan. 11 "Commission." The Pennsylvania Turnpike Commission. 12 "Conversion date." The date the Pennsylvania Turnpike 13 Commission intends to assume control over Interstate 80 as set 14 forth in the conversion notice. 15 "Conversion notice." Written notice to the Secretary of 16 Transportation from the Pennsylvania Turnpike Commission 17 providing notice of its intent to assume control over Interstate 18 80 under section 8915.3(3) (relating to lease of Interstate 80). 19 "Conversion period." A period of three years: 20 (1) which begins on the date of execution of the lease 21 agreement; and 22 (2) during which the Pennsylvania Turnpike Commission 23 may give the Department of Transportation conversion notice 24 or notice that the commission has exercised its option to 25 extend the conversion period pursuant to section 8915.3(2) 26 (relating to lease of Interstate 80). 27 "Fiscal year." The fiscal year of the Pennsylvania Turnpike 28 Commission. 29 "General reserve fund surplus." The amount which: 30 (1) is certified by the Auditor General in the Auditor 20070H1590B2342 - 149 -
1 General's certificate as existing in the Pennsylvania 2 Turnpike Commission's general reserve fund on the last day of 3 the fiscal year; and 4 (2) is not required to be retained in the general 5 reserve fund pursuant to any financial documents, financial 6 covenants, insurance policies, liquidity policies or 7 agreements, swap agreements or rating agency requirements in 8 effect at the commission. 9 "Interstate 80 savings." An amount equal to the following: 10 (1) Prior to the conversion date, the amount shall be 11 zero. 12 (2) After the conversion date, the amount certified in 13 the Auditor General's certificate equal to $100,000,000, 14 increased by 4% for each year after the year of execution of 15 the lease agreement. 16 "Lease agreement." A lease agreement between the Department 17 of Transportation and the Pennsylvania Turnpike Commission which 18 shall include provisions setting forth the terms of the 19 conversion of Interstate 80 to a toll road. 20 "Scheduled annual commission contribution." The following 21 amounts: 22 (1) $700,000,000 in fiscal year 2007-2008. 23 (2) $750,000,000 in fiscal year 2008-2009. 24 (3) $800,000,000 in fiscal year 2009-2010. 25 (4) $800,000,000 increased by 2.5% for each fiscal year 26 after fiscal year 2009-2010. 27 Section 2.4. Section 8911 introductory paragraph of Title 75 28 is amended and the section is amended by adding a paragraph to 29 read: 30 § 8911. Improvement and extension authorizations. 20070H1590B2342 - 150 -
1 In order to facilitate vehicular traffic within and across 2 this Commonwealth, the commission is hereby authorized and 3 empowered to construct, reconstruct, widen, expand, extend, 4 operate and maintain turnpike extensions and turnpike 5 improvements at such specific locations and according to such 6 schedule as shall be deemed feasible and approved by the 7 commission, together with connecting roads, storm water 8 management systems, interchanges, slip ramps, tunnels and 9 bridges, subject to the waiver of the Federal toll prohibition 10 provisions where applicable, as follows: 11 * * * 12 (10) Other slip ramps and interchanges as the commission 13 may determine. 14 Section 2.5. Sections 8912 introductory paragraph, 8913, 15 8914 introductory paragraph and 8915 introductory paragraph of 16 Title 75 are amended to read: 17 § 8912. Subsequent extension authorizations. 18 The commission is also hereby authorized and empowered to 19 construct, reconstruct, widen, expand, extend, operate and 20 maintain further extensions and improvements of the turnpike at 21 such specific locations and according to such schedules as shall 22 be deemed feasible and which shall be approved by the 23 commission, subject to the waiver of the Federal toll 24 prohibition provisions where applicable, as follows: 25 * * * 26 § 8913. Additional subsequent extension authorizations. 27 Upon substantial completion of the turnpike extensions and 28 improvements set forth in sections 8911 (relating to improvement 29 and extension authorizations) and 8912 (relating to subsequent 30 extension authorizations), the commission is hereby authorized 20070H1590B2342 - 151 -
1 and empowered to construct, reconstruct, widen, expand, extend, 2 operate and maintain further extensions and improvements of the 3 turnpike at such specific locations and according to such 4 schedules as shall be deemed feasible and which shall be 5 approved by the commission, subject to the waiver of the Federal 6 toll prohibition provisions where applicable, as follows: 7 construct from a point at or near Interstate Route 80 8 Interchange 23 at Milesburg southwesterly generally along U.S. 9 Route 220 to a connection with the existing U.S. Route 220 10 Expressway south of Bald Eagle. 11 § 8914. Further subsequent authorizations. 12 Upon completion of the turnpike extensions and improvements 13 set forth in sections 8911 (relating to improvement and 14 extension authorizations), 8912 (relating to subsequent 15 extension authorizations) and 8913 (relating to additional 16 subsequent extension authorizations), the commission is hereby 17 authorized and empowered to construct, reconstruct, widen, 18 expand, extend, operate and maintain further extensions and 19 improvements of the turnpike at such specific locations and 20 according to such schedules as shall be deemed feasible and 21 which shall be approved by the commission, subject to the waiver 22 of the Federal toll prohibition provisions where applicable, as 23 follows: 24 * * * 25 § 8915. Conversion to toll roads. 26 In order to facilitate vehicular traffic within and across 27 this Commonwealth, and [after] to facilitate the completion of 28 the turnpike extensions and improvements authorized in section 29 8911 (relating to improvement and extension authorizations), and 30 subject to prior legislative approval by the General Assembly 20070H1590B2342 - 152 -
1 and the United States Congress, the commission is hereby 2 authorized and empowered to convert to toll roads such portions 3 of Pennsylvania's interstate highway system as may [be required 4 in order to] facilitate the completion of the turnpike 5 extensions and improvements authorized in sections 8912 6 (relating to subsequent extension authorizations), 8913 7 (relating to additional subsequent extension authorizations) and 8 8914 (relating to further subsequent authorizations) and to 9 operate and maintain such converted interstates as toll roads 10 upon the approval by the Congress of the United States of 11 America and the General Assembly of this Commonwealth of 12 legislation expressly permitting the conversion of such 13 interstates to toll roads. Such conversions shall take place at 14 a time and manner set forth in the plan for the conversion 15 prepared by the commission with the cooperation of the 16 department. The provisions authorizing the commission to 17 construct, operate and maintain the turnpike routes in sections 18 8911, 8912 and 8913 shall be subject to: 19 * * * 20 Section 2.6. Title 75 is amended by adding sections to read: 21 § 8915.1. Conversion of Interstate 80. 22 In order to facilitate vehicular traffic across this 23 Commonwealth, the commission is authorized and empowered to do 24 all of the following: 25 (1) Construct, reconstruct, widen, expand, extend, 26 operate, maintain and maintain and operate Interstate 80 from 27 a point at or near the Ohio border to a point at or near the 28 New Jersey border, together with connecting roads, 29 interchanges, slip ramps, tunnels and bridges. 30 (2) Issue turnpike revenue bonds, notes or other 20070H1590B2342 - 153 -
1 obligations, payable solely from revenues of the commission, 2 including tolls, or from funds as may be available to the 3 commission for that purpose, to pay the cost of construction, 4 reconstructing, widening, expanding or extending or any other 5 costs of the Pennsylvania Turnpike. 6 (3) Convert to a toll road Interstate 80 and to operate 7 and maintain the converted interstate as a toll road. 8 § 8915.2. Application to United States Department of 9 Transportation. 10 (a) Application.--The commission, in consultation with the 11 department and at its own expense, is authorized to prepare and 12 submit an application to the United States Department of 13 Transportation in accordance with 23 U.S.C. § 129 (relating to 14 toll roads, bridges, tunnels, and ferries) for the conversion of 15 Interstate 80 to a toll road under the Interstate Reconstruction 16 and Rehabilitation Pilot Program or in accordance with any other 17 applicable Federal program or provision of law. The secretary 18 shall ensure that all information required for the application 19 is made available to the commission as soon as practicable after 20 the effective date of this section. If the application is 21 submitted pursuant to the Interstate Reconstruction and 22 Rehabilitation Pilot Program, it shall contain all of the 23 following: 24 (1) A consulting civil engineer's report assessing the 25 current physical conditions of the roadbed, pavement, bridges 26 and interchanges and projecting the costs to upgrade 27 Interstate 80, the costs for additional improvements and 28 implementation of the tolling facilities and existing funds 29 available for Interstate 80, absent tolling and concluding 30 that the facility would not be maintained or improved to meet 20070H1590B2342 - 154 -
1 current or future needs from the Commonwealth's 2 apportionments and allocations and from revenues for highways 3 from any other source without toll revenues. 4 (2) A traffic and revenue report completed by a third- 5 party consultant forecasting future traffic and revenue over 6 a minimum of 20 years. 7 (3) An environmental scoping analysis assessing the 8 fiscal impact, any air and water quality issues and the 9 involvement of local metropolitan planning organizations. 10 (4) A construction and operational plan for the 11 implementation of the Toll Pilot Program for Interstate 80 12 which: 13 (i) assumes completion no later than five years 14 after financing; 15 (ii) includes a plan for implementing the imposition 16 of tolls on use of Interstate 80, a schedule and finance 17 plan for the reconstruction and rehabilitation of 18 Interstate 80 using toll revenues and a description of 19 the public transportation agency that will be responsible 20 for implementation and administration of the toll pilot 21 program. 22 (5) A financial analysis demonstrating that tolling 23 Interstate 80 will produce sufficient revenue to pay debt 24 service on any bonds and loans incurred with respect to the 25 Toll Pilot Program. 26 (b) Open system.--A toll system shall consist of what is 27 commonly referred to as an open system. 28 § 8915.3. Lease of Interstate 80. 29 The department and the commission shall enter into a lease 30 agreement relating to Interstate 80. The lease agreement shall 20070H1590B2342 - 155 -
1 include provisions setting forth the terms and conditions of the 2 conversion of Interstate 80 to a toll road. The lease agreement, 3 at a minimum, shall include the following: 4 (1) A provision that the term of the lease agreement 5 shall be 50 years, unless extended upon mutual agreement of 6 the parties to the lease agreement. 7 (2) A provision establishing a conversion period and 8 authorizing extension of the conversion period at the sole 9 option of the commission for three one-year extension periods 10 after consultation with the secretary. The commission shall 11 notify the secretary of its intent to extend the conversion 12 period not less than 90 days before the scheduled expiration 13 of the conversion period. During the conversion period, all 14 legal, financial and operational responsibility for 15 Interstate 80 shall remain with the department. All 16 operations and programmed rehabilitation shall be maintained 17 at levels no less favorable than those set forth in the 18 department's 12-year plan at the time of the execution of the 19 lease, with modifications as are approved in writing by the 20 chairman of the commission. 21 (3) A provision permitting the commission to exercise 22 its option to convert Interstate 80 to a toll road prior to 23 the expiration of the conversion period by providing the 24 conversion notice to the secretary. Beginning on the 25 conversion date, all legal, financial and operational 26 responsibility for Interstate 80, as well as all toll 27 revenues collected with respect to its use, shall be 28 transferred from the department to the commission. The 29 commission shall contract with the department for any portion 30 of the maintenance of Interstate 80 at cost levels no less 20070H1590B2342 - 156 -
1 favorable than those of the department on the conversion 2 date. 3 (4) A provision requiring the commission to pay annual 4 base rent to the department during the term of the lease 5 agreement in the following manner and equal to the following 6 amounts: 7 (i) Annual debt service on outstanding bonds issued 8 under section 9511.2 (relating to special revenue bonds 9 payable solely from pledged revenues of Motor License 10 Fund) payable as required pursuant to bonds. 11 (ii) $200,000,000 payable annually in four equal 12 installments each due the first business day of each 13 July, October, January and April. 14 (5) A provision requiring the commission to pay annual 15 additional rent to the department as follows: 16 (i) During the conversion period and after the 17 conversion of Interstate 80 to a toll road, the annual 18 additional rent shall be equal to the scheduled annual 19 commission contribution, minus any amounts paid under 20 paragraph (4) less the proceeds of bonds allocable to the 21 fiscal year in question issued under section 9511.2 and 22 any Interstate 80 savings for that fiscal year as set 23 forth in the Auditor General's certificate. 24 (ii) If conversion notice is not received by the 25 secretary prior to the expiration of the conversion 26 period, the annual additional rent shall be equal to 27 $250,000,000. 28 The annual additional rent provided under this paragraph is 29 deemed to be equal to the fair market value of Interstate 80 30 and shall be payable in four equal installments due the first 20070H1590B2342 - 157 -
1 business day of each July, October, January and April of each 2 year during the term of the lease agreement. 3 (6) A provision requiring the commission to pay, 4 commencing on the conversion date, annual surplus rent to the 5 department equal to the general reserve fund surplus payable 6 for each fiscal year from the conversion date until the end 7 of the term of the lease agreement. The surplus rent shall be 8 payable by the commission within 30 days of receipt by the 9 commission of the Auditor General's certificate. If the 10 conversion period expires before the conversion date, no 11 annual surplus rent shall be payable. 12 (7) A provision stating that the obligation of the 13 commission to pay the annual base rent, the annual additional 14 rent and annual surplus rent shall be a subordinate 15 obligation of the commission payable from amounts in the 16 general reserve fund of the commission only as permitted by 17 any financing documents, financial covenants, liquidity 18 policies or agreements, swap agreements or rating agency 19 requirements in effect at the commission. 20 (8) A provision authorizing the department to receive 21 the annual base rent, annual additional rent and annual 22 surplus rent, and to deposit amounts so received as follows, 23 to the degree permitted by applicable Federal laws and 24 regulations: 25 (i) proceeds of bonds issued under section 9511.2 26 shall be spent consistent with sections 9511.4(h) 27 (relating to special revenue bonds and preliminary or 28 interim financing) and 9511.5 (relating to application of 29 proceeds of obligations, lien of holders of obligations, 30 design-build requirement and projects approved by the 20070H1590B2342 - 158 -
1 General Assembly); 2 (ii) be deposited in the Public Transportation Trust 3 Fund as follows: 4 (A) $250,000,000 for fiscal year 2007-2008; 5 (B) $300,000,000 for fiscal year 2008-2009; 6 (C) $350,000,000 for fiscal year 2009-2010; and 7 (D) $400,000,000 for fiscal year 2010-2011 and 8 increased by 2.5% for each fiscal year thereafter; 9 and 10 (iii) any balance received from the department shall 11 be deposited in the Motor License Fund. For any year in 12 which there are no bond proceeds under this paragraph, 13 $5,000,000 of the money deposited shall be for county 14 roads and bridges and $30,000,000 of the money deposited 15 shall be for municipal roads and bridges to be allocated 16 under the act of June 1, 1956 (1955 P.L.1944, No.655), 17 referred to the Liquid Fuels Tax Municipal Allocation 18 Law. 19 § 8915.4. Other interstate highways. 20 In order to facilitate vehicular traffic across this 21 Commonwealth and pursuant to the authority granted under this 22 chapter, the commission is hereby authorized and empowered to: 23 (1) at its own expense and in consultation with the 24 department, prepare a consulting civil engineer report and 25 financial analysis with respect to the feasibility of 26 converting Interstate 95 to a toll road and operating and 27 maintaining the converted interstate as a toll road, upon 28 approval of the General Assembly and the United States 29 Department of Transportation; and 30 (2) at its own expense, and in consultation with the 20070H1590B2342 - 159 -
1 department, prepare and submit an application to the United 2 States Department of Transportation for the conversion of 3 Interstate 95 to a toll road pursuant to any Federal program 4 for which it may be eligible. 5 Section 3. Section 8916 of Title 75 is amended to read: 6 § 8916. Turnpike system. 7 The turnpikes and the future toll road conversions authorized 8 by this chapter are hereby or shall be made part of the 9 Pennsylvania Turnpike System, as provided in the act of August 10 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania 11 Turnpike System Financing Act. A Public-Public Partnership of 12 the Pennsylvania Turnpike System is integral to solving 13 transportation problems referred to in 74 Pa.C.S. § 13A01 14 (relating to declaration of policy). 15 Section 4. Title 75 is amended by adding a section to read: 16 § 9501. Definitions. 17 The following words and terms when used in this chapter shall 18 have the meanings given to them in this section, unless the 19 context clearly indicates otherwise: 20 "Bond-related expenses." The term shall include all of the 21 following: 22 (1) Printing, publication or advertising expenses with 23 respect to the sale and issuance of bonds. 24 (2) Fees, expenses and costs of registrars. 25 (3) Fees, expenses and costs of attorneys, accountants, 26 feasibility consultants, computer programmers or other 27 experts employed to aid in the sale and issuance of the 28 bonds. 29 (4) Other costs, fees and expenses incurred or 30 reasonably related to the issuance and sale of the bonds. 20070H1590B2342 - 160 -
1 "Bond-related obligation." An agreement or contractual 2 relationship between the Pennsylvania Turnpike Commission and a 3 bank, trust company, insurance company, swap counterparty, 4 surety bonding company, pension fund or other financial 5 institution providing increased credit on or security for the 6 bonds or liquidity for secondary market transactions. 7 "Commission." The Pennsylvania Turnpike Commission or any 8 successor organization. 9 "Cost of the department." 10 (1) Any of the following, which shall be reimbursed or 11 paid out of the proceeds of the special revenue bonds, notes 12 or other obligations authorized under this chapter: 13 (i) The cost of constructing, reconstructing, 14 widening, expanding or extending the State highway and 15 rural State highway system and all connecting roads, 16 tunnels and bridges. 17 (ii) The cost of all lands, property rights, rights- 18 of-way, easements and franchises acquired, which are 19 deemed necessary or convenient for the construction, 20 reconstruction, widening, expanding or extending under 21 subparagraph (i). 22 (iii) The cost of all machinery and equipment, 23 financing charges, interest prior to and during 24 construction and for one year after completion of 25 construction. 26 (iv) The cost of traffic estimates and of 27 engineering and legal expenses, plans, specifications, 28 surveys, estimates of cost and of revenues, other 29 expenses necessary or incident to determining the 30 feasibility or practicability of the enterprise, 20070H1590B2342 - 161 -
1 administrative and legal expenses and other expenses as 2 may be necessary or incident to the financing authorized 3 under this chapter, the construction, reconstruction, 4 widening, expanding or extending of the State highway and 5 the rural State highway system and connecting roads, 6 tunnels and bridges, the placing of the same in operation 7 and the condemnation of property necessary for 8 construction and operation. 9 (v) Any obligation or expense contracted for by the 10 Department of Transportation or with the United States or 11 any agency of the United States, for traffic surveys, 12 preparation of plans and specifications, supervision of 13 construction, and other engineering, administrative and 14 legal services and expenses in connection with the 15 construction, reconstruction, widening, expanding or 16 extending of the State highway and the rural State 17 highway system or any of the connecting roads, tunnels 18 and bridges. 19 (2) Payment of any notes or other obligations if the 20 notes or other obligations were issued for the payment of a 21 cost. 22 "Design build arrangement." A procurement or project 23 delivery arrangement whereby a single entity, which may be a 24 single contractor or a consortium comprised of multiple 25 contractors, engineers and other subconsultants, is responsible 26 for both the design and construction of a transportation project 27 with a guaranteed completion date and guaranteed maximum price. 28 "Owner." The term shall include all individuals, 29 copartnerships, associations or corporations having any title or 30 interest in any property rights, easements or franchises 20070H1590B2342 - 162 -
1 authorized to be acquired by this chapter. 2 "Pledged revenues." Revenues of the Motor License Fund 3 pledged to the Pennsylvania Turnpike Commission under sections 4 9010 (relating to disposition and use of tax), 9511(i) (relating 5 to allocation of proceeds) and 9511.11 (relating to Motor 6 License Fund proceeds) and amounts payable by the commission 7 under section 8915.3(4)(i) (relating to lease of Interstate 80). 8 "Rural State Highway System." All roads and highways taken 9 over by the Commonwealth as State highways under the provisions 10 of the act of June 22, 1931 (P.L.594, No.203), referred to as 11 the Township State Highway Law and all other roads and highways 12 specifically designated by the Secretary of Transportation as 13 Rural State Highways. 14 "State highway." All roads and highways taken over by the 15 Commonwealth as State highways under the provisions of any 16 statute. Unless clearly intended, the term shall not include any 17 street in any city, borough or incorporated town, even though 18 the same may have been taken over as a State highway. 19 Section 5. Title 75 is amended by adding sections to read: 20 § 9511.2. Special revenue bonds payable solely from pledged 21 revenues of Motor License Fund. 22 (a) Payment source.--A special revenue bond, note or other 23 obligation issued under this chapter: 24 (1) shall not be deemed to be a debt or liability of the 25 Commonwealth; 26 (2) shall not create or constitute any indebtedness, 27 liability or obligation of the Commonwealth; and 28 (3) shall be payable solely from revenues of the Motor 29 License Fund pledged to the commission for that purpose in 30 combination with amounts transferred under section 20070H1590B2342 - 163 -
1 8915.3(4)(i) (relating to lease of Interstate 80). 2 (b) Statement.--A special revenue bond, note or other 3 obligation issued under this chapter must contain a statement on 4 its face that: 5 (1) the Commonwealth is not obligated to pay the bond, 6 note or obligation or the interest on it except from revenues 7 of the Motor License Fund pledged for that purpose in 8 combination with amounts transferred under section 9 8915.3(4)(i); and 10 (2) neither the faith and credit nor the taxing power of 11 the Commonwealth is pledged to the payment of the principal 12 or interest of the bond, note or obligation. 13 (c) Taxation.--The issuance of a special revenue bond, note 14 or other obligation under this chapter shall not directly, 15 indirectly or contingently obligate the Commonwealth to levy a 16 tax or to make an appropriation for payment. 17 § 9511.3. Expenses. 18 (a) Reimbursement.--The commission shall be reimbursed for 19 the necessary expenses incurred in the performance of the duties 20 performed under the provisions of this chapter. 21 (b) Source.--All expenses incurred in carrying out the 22 provisions of this chapter shall be paid solely from funds 23 provided under the authority of this chapter, and sufficient 24 funds shall be provided under the authority of this chapter to 25 meet any liability or obligation incurred in carrying out the 26 provisions of this chapter. 27 § 9511.4. Special revenue bonds and preliminary or interim 28 financing. 29 (a) Authorization.--The commission is authorized to provide, 30 by resolution, for the issuance of special revenue bonds of the 20070H1590B2342 - 164 -
1 commission up to an amount not exceeding $4,000,000,000 for the 2 purpose of paying the cost of the department and bond-related 3 expenses. The resolution must recite an estimate of the cost of 4 the department. No more than $600,000,000 of special revenue 5 bonds may be issued in any calendar year. No bond may be issued 6 under this section unless the lease agreement authorized under 7 section 8915.3 (relating to lease of Interstate 80) is in effect 8 as of the date of issuance. Special revenue refunding bonds as 9 set forth in section 9511.9 (relating to special revenue 10 refunding bonds) shall not be deemed to count against the total 11 or annual maximum issuance volume. The principal and interest of 12 the bond shall be payable solely from revenues of the Motor 13 License Fund pledged for that purpose to the commission in 14 combination with the amounts transferred under section 15 8915.3(4)(i). 16 (b) Form.-- 17 (1) A bond may be issued in registered form. 18 (2) A bond: 19 (i) must be dated; 20 (ii) must bear interest at a rate not exceeding the 21 rate permitted under applicable law; 22 (iii) must be payable semiannually; 23 (iv) must mature, as determined by the commission, 24 not exceeding 40 years from the date of the bond; and 25 (v) may be made redeemable before maturity, at the 26 option of the commission, at a price and under terms and 27 conditions fixed by the commission prior to the issuance 28 of the bonds. 29 (3) The amount of premium on a bond shall not cause the 30 yield to be more than permitted by applicable law from the 20070H1590B2342 - 165 -
1 date of the bond to the date of redemption. 2 (c) Issuance.-- 3 (1) The bond may be issued in registered form. The 4 commission may sell a bond in registered form at public or 5 private sale and for a price it determines to be in the best 6 interest of the Commonwealth, but no sale shall be made at a 7 price so low as to require the payment of interest on the 8 money received for the bond at more than the rate permitted 9 by applicable law, computed with relation to the absolute 10 maturity of the bond in accordance with standard tables of 11 bond values. 12 (2) A bond may be issued at public or private sale in 13 series with varying provisions as to all of the following: 14 (i) Rates of interest, which may be fixed or 15 variable. 16 (ii) Maturity. 17 (iii) Other provisions not inconsistent with this 18 chapter. 19 (d) Revenue share.--All bonds, of whatever series, shall 20 share ratably in the revenues pledged under this chapter as 21 security for the bonds, although one series of bonds may have a 22 lien on pledged revenues senior to the lien of another series of 23 bonds. 24 (e) Payment.-- 25 (1) The principal and interest of the bonds may be made 26 payable in any lawful medium. 27 (2) The commission shall: 28 (i) determine the form of bonds; and 29 (ii) fix: 30 (A) the denomination of the bond; and 20070H1590B2342 - 166 -
1 (B) the place of payment of principal and 2 interest of the bond, which may be at any bank or 3 trust company within or without this Commonwealth. 4 (f) Signature.--The bond must bear the facsimile signature 5 of the Governor and of the chairman of the commission. The 6 facsimile of the official seal of the commission shall be 7 affixed to the bond and attested by the secretary and treasurer 8 of the commission. If an officer whose signature or facsimile of 9 a signature appears on a bond ceases to be an officer before the 10 delivery of the bond, the signature or facsimile shall 11 nevertheless be valid and sufficient for all purposes, as if the 12 officer remained in office until delivery. 13 (g) Negotiability.--A special revenue bond issued under this 14 chapter shall have all the qualities and incidents of a 15 negotiable instrument under 13 Pa.C.S. Div. 3 (relating to 16 negotiable instruments). 17 (h) Proceeds.-- 18 (1) The proceeds of a bond shall be used solely for the 19 following: 20 (i) Payment of the cost of the department. 21 (ii) Bond-related expenses. 22 (iii) $5,000,000 in the aggregate of the proceeds of 23 bonds issued in any fiscal year, other than a refunding 24 issue, shall be used for county roads and bridges and 25 $30,000,000 of the proceeds in the aggregate of the bonds 26 issued in any fiscal year, other than a refunding issue, 27 shall be used for local roads and bridges to be allocated 28 under the act of June 1, 1956 (1955 P.L.1944, No.655), 29 referred to as the Liquid Fuels Tax Municipal Allocation 30 Law. 20070H1590B2342 - 167 -
1 (2) The proceeds of a bond shall be disbursed upon 2 requisition of the secretary under restrictions set forth in 3 the resolution authorizing the issuance of the bond or the 4 trust indenture under section 9511.6 (relating to trust 5 indenture, protection of holders of obligations and 6 depositories). 7 (3) If the proceeds of a bond, by error of calculation 8 or otherwise, shall be less than the cost of the department, 9 additional bonds may be issued to provide the amount of the 10 deficit and, unless otherwise provided in the resolution 11 authorizing the issuance of the bonds or in the trust 12 indenture, shall be deemed to be of the same issue and shall 13 be entitled to payment from the same fund, without preference 14 or priority of the bonds first issued. 15 (i) Temporary bonds.--Prior to the preparation of definitive 16 bonds, the commission may, under similar restrictions as those 17 applicable to the definitive bonds, issue temporary bonds, 18 exchangeable for definitive bonds upon the issuance of 19 definitive bonds. 20 (j) Replacement bonds.--The commission may provide for the 21 replacement of a bond which becomes mutilated or is destroyed or 22 lost. A replacement revenue bond may be issued without any other 23 proceedings or the happening of any other condition than those 24 proceedings and conditions required by this chapter. 25 (k) Status as securities.-- 26 (1) A bond is made a security in which any of the 27 following may properly and legally invest funds, including 28 capital, belonging to them or within their control: 29 (i) Commonwealth and municipal officers. 30 (ii) Commonwealth agencies. 20070H1590B2342 - 168 -
1 (iii) Banks, bankers, savings banks, trust 2 companies, saving and loan associations, investment 3 companies and other persons carrying on a banking 4 business. 5 (iv) Insurance companies, insurance associations and 6 other persons carrying on an insurance business. 7 (v) Fiduciaries. 8 (vi) Other persons that are authorized to invest in 9 bonds or other obligations of the Commonwealth. 10 (2) A bond is made a security which may properly and 11 legally be deposited with and received by a Commonwealth or 12 municipal officer or a Commonwealth agency for any purpose 13 for which the deposit of bonds or other obligations of the 14 Commonwealth is authorized by law. 15 (l) Borrowing.--The following shall apply: 16 (1) The commission is authorized to do all of the 17 following: 18 (i) Borrow money at an interest rate not exceeding 19 the rate permitted by law. 20 (ii) Provide for preliminary or interim financing, 21 up to but not exceeding the estimated total cost of the 22 department and bond-related expenses and to evidence the 23 borrowing by the issuance of special revenue notes and, 24 in its discretion, to pledge as collateral for the note 25 or other obligation, a special revenue bond issued under 26 the provisions of this chapter. The commission may renew 27 the note or obligation and the payment or retirement of 28 the note or obligation shall be considered to be payment 29 of the cost of the project. 30 (2) A note or obligation issued under this subsection 20070H1590B2342 - 169 -
1 must comply with the following: 2 (i) Be executed by the same persons in the same 3 manner and with the same effect as provided in this 4 section for the execution of a special revenue bond. 5 (ii) Contain a statement on its face that: 6 (A) the Commonwealth is not obligated to pay the 7 note or obligation or interest on it, except from 8 pledged revenues of the Motor License Fund; and 9 (B) neither the faith and credit nor the taxing 10 power of the Commonwealth is pledged to the payment 11 of its principal or interest. 12 (3) The issuance of a special revenue note or other 13 obligation under this chapter shall not directly or 14 indirectly or contingently obligate the Commonwealth to levy 15 a tax or make an appropriation for payment. 16 (4) A note or other obligation issued under this 17 subsection shall have all the qualities and incidents of a 18 negotiable instrument under 13 Pa.C.S. (relating to 19 commercial code). 20 § 9511.5. Application of proceeds of obligations, lien of 21 holders of obligations, design-build requirement and 22 projects approved by General Assembly. 23 (a) Application.--The following shall apply: 24 (1) All money received from any bonds, notes or other 25 obligations issued under this chapter shall be applied solely 26 to the payment of the cost of the department or to the 27 appurtenant fund. 28 (2) Until money received from any bonds, notes or other 29 obligations issued under this chapter is applied under 30 paragraph (1), a lien shall exist upon the money in favor of 20070H1590B2342 - 170 -
1 holders of the bonds, notes or other obligations or a trustee 2 provided for in respect to the bonds, notes or other 3 obligations. 4 (b) Design-build arrangements.--To facilitate the timely 5 completion of projects to be financed by the department with 6 bond proceeds, the department shall be required to utilize 7 design-build arrangements for each project estimated by the 8 department to have a value in excess of $100,000,000. The 9 selection of the party for the design-build arrangement must be 10 conducted in a manner consistent with the procurement and public 11 bidding laws applicable to the department. 12 (c) Capital plan.--All projects financed by the department 13 with bond proceeds must be set forth in the department's capital 14 plan current at the time of the financing and budget which 15 capital plan and budget shall be submitted to the General 16 Assembly on or before March 31 of each year commencing March 31, 17 2008. 18 (d) Investment.--Pending the application of proceeds to 19 costs of the department and bond-related expenses, the 20 commission may invest the funds in permitted investments as 21 defined under any trust indenture if the investment is not 22 inconsistent with existing fiduciary obligations of the 23 commission. 24 § 9511.6. Trust indenture, protection of holders of obligations 25 and depositories. 26 (a) Indenture.--In the discretion of the commission, a bond, 27 note or other obligation may be secured by a trust indenture by 28 and between the commission and a corporate trustee, which may be 29 any trust company or bank having the powers of a trust company, 30 within or without this Commonwealth. 20070H1590B2342 - 171 -
1 (b) Pledge or assignment.--A trust indenture under 2 subsection (a) may pledge or assign revenue to be received, but 3 shall not convey or mortgage the turnpike or any part of the 4 turnpike. 5 (c) Rights and remedies.--The resolution providing for the 6 issuance of the bond, note or other obligation of the trust 7 indenture may contain provisions for protecting and enforcing 8 the rights and remedies of the bondholders or holders of notes 9 or other obligations as may be reasonable and proper and not in 10 violation of law, including covenants setting forth the duties 11 of the department in relation to the acquisition of properties, 12 the construction, maintenance, operation, repair and insurance 13 of the State highway and rural State highway system and the 14 custody, safeguarding and application of all money. 15 (d) Depository.--It shall be lawful for any bank or trust 16 company incorporated under the laws of this Commonwealth to act 17 as depository of the proceeds of the bond, note or other 18 obligation or revenue, to furnish indemnity bonds or to pledge 19 securities as may be required by the commission. 20 (e) Indenture.--The trust indenture may set forth the rights 21 and remedies of the bondholders or holders of notes or other 22 obligations and of the trustee and may restrict the individual 23 right of action of bondholders or holders of notes or other 24 obligations as is customary in trust indentures securing bonds, 25 debentures of corporations, notes or other obligations. The 26 trust indenture may contain other provisions as the commission 27 may deem reasonable and proper for the security of bondholders 28 or holders of notes or other obligations. 29 § 9511.7. Exemption from Commonwealth taxation. 30 The effectuation of the purposes of this chapter is for the 20070H1590B2342 - 172 -
1 benefit of the citizens of the Commonwealth and for the 2 improvement of their commerce and prosperity. Since the 3 commission will be performing essential government functions in 4 effectuating these purposes, the commission shall not be 5 required to pay any tax or assessment on any property acquired 6 or used by it for the purposes provided under this chapter. A 7 bond, note or other obligation issued by the commission, its 8 transfer and the income from its issuance and transfer, 9 including any profits made on the sale of the bond, note or 10 other obligation, shall be free from taxation within the 11 Commonwealth. 12 § 9511.8. Pledged revenues, contracts for use of turnpike, 13 sinking fund and purchase or redemption of 14 obligations. 15 (a) Authorization.--The commission is authorized to collect 16 the pledged revenues. The pledged revenues shall be fixed and 17 adjusted as to provide funds at least sufficient to pay the 18 bonds, notes or other obligations and the interest on the bonds, 19 notes or other obligations. All sinking fund requirements and 20 other requirements provided by the resolution authorizing the 21 issuance of the bonds, notes or other obligations, or by the 22 trust indenture, shall be fixed and adjusted as the bonds, notes 23 or other obligations become due. 24 (b) Supervision.--The pledged revenues shall not be subject 25 to supervision or regulation by any Commonwealth agency other 26 than the commission. 27 (c) Set aside.--Except for the portion of the pledged 28 revenues required to provide reserves as set forth in the 29 resolution authorizing the issuance of the bonds, notes or other 30 obligations or in the trust indenture, pledged revenues, to the 20070H1590B2342 - 173 -
1 degree amounts transferred under section 8915.3(4)(i)(relating 2 to lease of Interstate 80) are not sufficient, shall be set 3 aside at regular intervals as may be provided in the resolution 4 or trust indenture, in one or more accounts, which are pledged 5 to and charged with the payment of all of the following: 6 (1) The interest upon a bond, note or other obligation, 7 as it shall become due and payable. 8 (2) The principal of a bond, note or other obligation, 9 as it shall become due and payable. 10 (3) The necessary fiscal agency charges for paying 11 principal and interest. 12 (4) A premium upon a bond retired by call or purchase. 13 (d) Sinking fund.--The use and disposition of the sinking 14 fund shall be subject to regulations as may be provided in the 15 resolution authorizing the issuance of bonds, notes or other 16 obligations or in the trust indenture, but, except as may 17 otherwise be provided in the resolution or trust indenture, the 18 sinking fund shall be a fund for the benefit of all bonds, notes 19 or other obligations issued under this chapter, without 20 distinction or priority of one over another. 21 (e) Application of money.--Subject to the provisions of the 22 resolutions authorizing the issuance of bonds, notes or other 23 obligations or of the trust indenture, any money in the sinking 24 fund in excess of an amount equal to one year's interest on all 25 bonds, notes or other obligations then outstanding may be 26 applied to the purchase or redemption of bonds, notes or other 27 obligations. All bonds, notes or other obligations purchased or 28 redeemed under this subsection shall be canceled and shall not 29 again be issued. 30 § 9511.9. Special revenue refunding bonds. 20070H1590B2342 - 174 -
1 The commission is authorized to provide, by resolution, for 2 the issuance of special revenue refunding bonds of the 3 commission for the purpose of refunding any special revenue 4 bonds, notes or other obligations issued under the provisions of 5 this chapter and then outstanding. The issuance of the special 6 revenue refunding bonds, the maturities and other details of the 7 bonds, the rights of the holders of the bonds and the duties of 8 the department and of the commission with respect to the bonds 9 shall be governed by the provisions of this chapter. 10 § 9511.10. Remedies of trustees and of holders of obligations. 11 (a) Grant of rights.--A holder of a bond, note or other 12 obligation issued under this chapter and the trustee under the 13 trust indenture may, either at law or in equity, by suit, 14 action, mandamus or other proceeding, do all of the following: 15 (1) Protect and enforce any right granted under this 16 chapter or under the resolution or trust indenture. 17 (2) Enforce and compel performance of all duties 18 required under this chapter or by resolution or trust 19 indenture to be performed by the commission or any officer of 20 its officers, including the collection of the pledged 21 reserves or amounts transferred under section 8915.3(4)(i) 22 (relating to lease of Interstate 80). 23 (b) Exception.--Rights given under this chapter may be 24 restricted by resolution passed before the issuance of the 25 bonds, notes or other obligations, or by the trust indenture. 26 § 9511.11. Motor License Fund proceeds. 27 The balance of the proceeds deposited in the Motor License 28 Fund under section 20 of the act of April 17, 1997 (P.L.6, 29 No.3), entitled, "An act amending Titles 74 (Transportation) and 30 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further 20070H1590B2342 - 175 -
1 providing for annual appropriation and computation of subsidy 2 and for distribution of funding; providing for distribution of 3 supplemental funding; further providing for use of funds 4 distributed; providing for public transportation grants 5 management accountability, for competitive procurement and for 6 the Public Transportation Assistance Fund; further providing for 7 period of registration, for duties of agents, for registration 8 and other fees, for requirements for periodic inspection of 9 vehicles, for limits on number of towed vehicles, for operation 10 of certain combinations on interstate and other highways and for 11 width and length of vehicles; providing for liquid fuels and 12 fuels permits and bond or deposit of securities, for imposition 13 of liquid fuels and fuels tax, for taxpayer, for distributor's 14 report and payment of tax, for determination of tax, penalties 15 and interest, for examination of records and equipment, for 16 retention of records by distributors and dealers, for 17 disposition and use of tax, for discontinuance or transfer of 18 business, for suspension or revocation of permits, for lien of 19 taxes, penalties and interest, for collection of unpaid taxes, 20 for reports from common carriers, for violations and reward for 21 detection of violations, for refunds, for diesel fuel importers 22 and transporters, for prohibiting use of dyed diesel fuel, for 23 disposition of fees, fines and forfeitures, for certified copies 24 of records and for uncollectible checks; further providing for 25 distribution of State highway maintenance funds and for 26 standards and methodology for data collection; providing for 27 dirt and gravel road maintenance; further providing for 28 imposition of tax and additional tax; providing for tax on 29 alternative fuels; further providing for disposition of tax 30 revenue; making an appropriation; and making repeals," is 20070H1590B2342 - 176 -
1 pledged to secure bonds issued by the commission. The proceeds 2 may be pledged to secure bonds to be issued by the commission on 3 behalf of the department for the construction, reconstruction, 4 widening, expansion, extension, maintenance and repair of and 5 safety on bridges and costs and expenses incident to those tasks 6 and fees and expenses of the commission related to the issuance 7 of the bonds, including bond-related expenses. Each month, the 8 State Treasurer shall transfer amounts as are necessary, in 9 combination with amounts transferred under sections 10 8915.3(4)(i)(relating to lease of Interstate 80) and 9511 11 (relating to allocation of proceeds) to satisfy the provisions 12 of the bond indenture relating to bonds issued under this 13 section and those amounts are authorized to be appropriated. 14 § 9511.12. Supplement to other laws and liberal construction. 15 This chapter shall be regarded as supplemental and additional 16 to powers conferred by other statutes and shall not be regarded 17 as in derogation of any powers existing on the effective date of 18 this section. The provisions of this chapter, being necessary 19 for the welfare of the Commonwealth and its citizens shall be 20 liberally construed to effect the purposes of this chapter. 21 Section 6. (a) Financial assistance made by the Department 22 of Transportation to an award recipient under 74 Pa.C.S. Ch. 13 23 prior to the effective date of this section may continue to be 24 used by award recipients for operating or capital expenses upon 25 the same terms and conditions as are contained in the notice of 26 grant award or grant agreement executed in connection with the 27 award, if the funds are expended within five years following the 28 effective date of this section. 29 (b) The Department of Transportation may continue to use all 30 funds appropriated or otherwise made available to it for public 20070H1590B2342 - 177 -
1 transportation purposes prior to the effective date of this 2 section in accordance with the laws under which the funds were 3 made available. 4 Section 7. The following shall apply: 5 (1) The General Assembly declares that the repeal under 6 paragraph (2) is necessary to effectuate the addition of 74 7 Pa.C.S. Ch. 81. 8 (2) The act of September 30, 1985 (P.L.240, No.61), 9 known as the Turnpike Organization, Extension and Toll Road 10 Conversion Act is repealed. 11 (3) Section 207.1(c)(2) of the act of April 9, 1929 12 (P.L.177, No.175), known as The Administrative Code of 1929, 13 is repealed insofar as it is inconsistent with the addition 14 of 74 Pa.C.S. § 8105. 15 (4) Sections 2301(a) and (b) of the act of March 4, 1971 16 (P.L.6, No.2), known as the Tax Reform Code of 1971, insofar 17 as they relate to the establishment and existence of the 18 Public Transportation Assistance Fund are repealed. 19 (5) All other acts and parts of acts are repealed 20 insofar as they are inconsistent with this act. 21 Section 8. The addition of 74 Pa.C.S. Ch. 81 is a 22 continuation of the act of September 30, 1985 (P.L.240, No.61), 23 known as the Turnpike Organization, Extension and Toll Road 24 Conversion Act. The following shall apply: 25 (1) Except as otherwise provided under 74 Pa.C.S. Ch. 26 81, all activities initiated under the Turnpike Organization, 27 Extension and Toll Road Conversion Act shall continue and 28 remain in full force and effect and may be completed under 74 29 Pa.C.S. Ch. 81. Orders, regulations, rules and decisions 30 which were made under the Turnpike Organization, Extension 20070H1590B2342 - 178 -
1 and Toll Road Conversion Act and which are in effect on the 2 effective date of section 7(2) of this act shall remain in 3 full force and effect until revoked, vacated or modified 4 under 74 Pa.C.S. Ch. 81. Contracts, obligations and 5 collective bargaining agreements entered into under the 6 Turnpike Organization, Extension and Toll Road Conversion Act 7 are not affected nor impaired by the repeal of the Turnpike 8 Organization, Extension and Toll Road Conversion Act. 9 (2) Except as set forth in paragraph (3), any difference 10 in language between 74 Pa.C.S. Ch. 81 and the Turnpike 11 Organization, Extension and Toll Road Conversion Act is 12 intended only to conform to the style of the Pennsylvania 13 Consolidated Statutes and is not intended to change or affect 14 the legislative intent, judicial construction or 15 administration and implementation of the Turnpike 16 Organization, Extension and Toll Road Conversion Act. 17 (3) Paragraph (2) does not apply to the addition of 74 18 Pa.C.S. § 8105. 19 Section 9. This act shall take effect as follows: 20 (1) The following provisions shall take effect 21 immediately: 22 (i) The addition of 74 Pa.C.S. § 8105. 23 (ii) Section 7(3) of this act. 24 (iii) This section. 25 (2) The remainder of this act shall take effect in 60 26 days. 27 SECTION 3. TITLE 74 IS AMENDED BY ADDING A CHAPTER CHAPTERS <-- 28 TO READ: 29 CHAPTER 15 30 SUSTAINABLE MOBILITY OPTIONS 20070H1590B2342 - 179 -
1 SEC. 2 1501. SCOPE OF CHAPTER. 3 1502. (RESERVED). 4 1503. DEFINITIONS. 5 1504. DEPARTMENT AUTHORIZATION. 6 1505. REGULATIONS. 7 1506. FUND. 8 1507. APPLICATION AND APPROVAL PROCESS. 9 1508. FEDERAL FUNDING. 10 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 11 DEPARTMENT. 12 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 13 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 14 1512. COORDINATION. 15 1513. OPERATING PROGRAM. 16 1514. ASSET IMPROVEMENT PROGRAM. 17 1515. NEW INITIATIVES PROGRAM. 18 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 19 1517. CAPITAL IMPROVEMENTS PROGRAM. 20 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 21 1519. RETROACTIVE AUTHORITY. 22 1520. EVALUATION OF PRIVATE INVESTMENT OPPORTUNITIES. <-- 23 § 1501. SCOPE OF CHAPTER. 24 THIS CHAPTER RELATES TO SUSTAINABLE MOBILITY OPTIONS. 25 § 1502. (RESERVED). 26 § 1503. DEFINITIONS. 27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 29 CONTEXT CLEARLY INDICATES OTHERWISE: 30 "ACCESS TO JOBS PROJECT." A PROJECT RELATING TO THE 20070H1590B2342 - 180 -
1 DEVELOPMENT AND MAINTENANCE OF TRANSPORTATION SERVICES DESIGNED 2 TO TRANSPORT WELFARE RECIPIENTS AND ELIGIBLE LOW-INCOME 3 INDIVIDUALS TO AND FROM JOBS AND ACTIVITIES RELATED TO THEIR 4 EMPLOYMENT AS DEFINED UNDER 49 U.S.C. § 5316 (RELATING TO JOB 5 ACCESS AND REVERSE COMMUTE FORMULA GRANTS). 6 "AMERICANS WITH DISABILITIES ACT." THE AMERICANS WITH 7 DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327). 8 "ASSET MAINTENANCE COSTS." ALL VEHICLE MAINTENANCE EXPENSES, 9 NONVEHICLE MAINTENANCE AND MATERIALS EXPENSES AND THE COST OF 10 SUPPLIES USED IN THE OPERATION OF LOCAL TRANSPORTATION 11 ORGANIZATIONS AND TRANSPORTATION COMPANIES. 12 "AWARD RECIPIENT." A RECIPIENT OF FINANCIAL ASSISTANCE UNDER 13 THIS CHAPTER. 14 "BASE OPERATING ALLOCATION." THE TOTAL AMOUNT OF STATE 15 OPERATING ASSISTANCE, REIMBURSEMENT IN LIEU OF FARES FOR SENIOR 16 PASSENGERS AND OTHER ASSISTANCE WHICH WAS USED FOR OPERATING 17 ASSISTANCE AS DETERMINED BY THE DEPARTMENT IN FISCAL YEAR 2005- 18 2006. 19 "CAPITAL EXPENDITURES." ALL COSTS OF CAPITAL PROJECTS, 20 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ACQUISITION, 21 CONSTRUCTION, INSTALLATION, START-UP OF OPERATIONS, IMPROVEMENTS 22 AND ALL WORK AND MATERIALS INCIDENT THERETO. 23 "CAPITAL PROJECT." A SYSTEM OR COMPONENT OF THE A SYSTEM FOR <-- 24 THE PROVISION OF PUBLIC PASSENGER TRANSPORTATION. THE TERM 25 INCLUDES VEHICLES; INFRASTRUCTURE POWER; PASSENGER AMENITIES; 26 STORAGE AND MAINTENANCE BUILDINGS; PARKING FACILITIES; THE LAND 27 ON WHICH ANY CAPITAL PROJECT IS SITUATED AND THE LAND NEEDED TO 28 SUPPORT IT, WHETHER OWNED IN WHOLE OR IN PART; OVERHAUL OF 29 VEHICLES; DEBT SERVICE AND THE COST OF ISSUANCE OF BONDS, NOTES 30 AND OTHER EVIDENCES OF INDEBTEDNESS WHICH A LOCAL TRANSPORTATION 20070H1590B2342 - 181 -
1 ORGANIZATION OR TRANSPORTATION COMPANY IS PERMITTED TO ISSUE 2 UNDER ANY LAW OF THIS COMMONWEALTH. 3 "COMMONWEALTH CAPITAL BONDS." EVIDENCE OF DEBT INCURRED BY 4 THE COMMONWEALTH UNDER THE ACT OF FEBRUARY 9, 1999 (P.L.1, 5 NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING ACT. 6 "COMMUNITY TRANSPORTATION SERVICE" OR "SHARED RIDE SERVICE." 7 DOOR-TO-DOOR DEMAND TRANSPORTATION THAT IS AVAILABLE TO THE 8 GENERAL PUBLIC ON A NONEXCLUSIVE BASIS, OPERATES ON A NONFIXED 9 ROUTE BASIS AND CHARGES A FARE TO ALL RIDERS. THE TERM DOES NOT 10 INCLUDE EXCLUSIVE RIDE TAXI SERVICE, CHARTER AND SIGHTSEEING 11 SERVICE, NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE 12 SERVICE. 13 "COMMUNITY TRANSPORTATION SYSTEM." A PERSON THAT PROVIDES 14 COMMUNITY TRANSPORTATION SERVICE AND CONTRACTS WITH THE 15 DEPARTMENT OF TRANSPORTATION TO RECEIVE REVENUE REPLACEMENT 16 FUNDS. 17 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 18 COMMONWEALTH. 19 "FINANCIAL ASSISTANCE." GRANTS OR OTHER TYPES OF FINANCIAL 20 SUPPORT PROVIDED BY THE DEPARTMENT OF TRANSPORTATION UNDER THIS 21 CHAPTER. 22 "FIXED GUIDEWAY SYSTEM." A FIXED-ROUTE PUBLIC TRANSPORTATION 23 SERVICE THAT USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL 24 LINE FOR THE EXCLUSIVE USE OF PUBLIC TRANSPORTATION AND OTHER 25 HIGH OCCUPANCY VEHICLES OR USES A FIXED CATENARY SYSTEM AND A 26 RIGHT-OF-WAY USABLE BY OTHER FORMS OF TRANSPORTATION. THE TERM 27 INCLUDES LIGHT RAIL, COMMUTER RAIL, AUTOMATED GUIDEWAY TRANSIT, 28 PEOPLE MOVERS, FERRY BOAT SERVICE AND FIXED GUIDEWAY FACILITIES 29 FOR BUSES SUCH AS BUS RAPID TRANSIT AND HIGH OCCUPANCY VEHICLES. 30 "FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE." REGULARLY 20070H1590B2342 - 182 -
1 SCHEDULED GENERAL PUBLIC TRANSPORTATION THAT IS PROVIDED 2 ACCORDING TO PUBLISHED SCHEDULES ALONG DESIGNATED ROUTES, WITH 3 SPECIFIED STOPPING POINTS FOR THE TAKING ON AND DISCHARGING OF 4 PASSENGERS, INCLUDING PUBLIC BUS AND COMMUTER RAIL SYSTEMS AND 5 OTHER DEPARTMENT-APPROVED SERVICE. THE TERM DOES NOT INCLUDE 6 EXCLUSIVE RIDE TAXI SERVICE, CHARTER OR SIGHTSEEING SERVICE, 7 NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE SERVICE. 8 "FUND." THE PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED 9 UNDER SECTION 1506 (RELATING TO FUND). 10 "INTERCITY BUS SERVICE." PASSENGER BUS SERVICE OF 35 MILES 11 OR MORE IN LENGTH THAT IS PROVIDED WITH AN OVER-THE-ROAD BUS AND 12 OPERATED BETWEEN TWO NONCONTIGUOUS URBANIZED AREAS, BETWEEN AN 13 URBANIZED AREA LOCATED IN ONE COUNTY AND RURAL COMMUNITIES 14 LOCATED IN ANOTHER COUNTY OR BETWEEN RURAL COMMUNITIES LOCATED 15 IN DIFFERENT COUNTIES AND CONTAINS ALL OF THE FOLLOWING 16 ELEMENTS: 17 (1) SERVICE THAT IS OPERATED FOR A FARE ON A REGULARLY 18 SCHEDULED FIXED-ROUTE BASIS. 19 (2) SERVICE THAT IS OFFERED TO AND UTILIZED BY THE 20 GENERAL PUBLIC WITHOUT PRECONDITIONS OF ADVANCE RESERVATION 21 OR MEMBERSHIP IN A PARTICULAR ORGANIZATION. 22 "INTERCITY PASSENGER RAIL SERVICE." PASSENGER RAILROAD 23 SERVICE THAT CONNECTS TWO OR MORE URBANIZED AREAS AND IS 24 DETERMINED BY THE DEPARTMENT OF TRANSPORTATION TO QUALIFY AS 25 INTERCITY SERVICE RATHER THAN COMMUTER RAIL SERVICE. 26 "JOB ACCESS AND REVERSE COMMUTE PROJECT." A PROJECT FUNDED 27 BY THE FEDERAL TRANSIT ADMINISTRATION UNDER FEDERAL LAW. 28 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 29 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 30 PORT AUTHORITY, PORT AUTHORITY OR REDEVELOPMENT AUTHORITY, <-- 20070H1590B2342 - 183 -
1 ORGANIZED UNDER THE LAWS OF THIS COMMONWEALTH OR PURSUANT TO 2 AN INTERSTATE COMPACT OR OTHERWISE EMPOWERED TO RENDER, 3 CONTRACT FOR THE RENDERING OR ASSIST IN THE RENDERING OF 4 TRANSPORTATION SERVICE IN A LIMITED AREA IN THIS 5 COMMONWEALTH, EVEN THOUGH IT MAY ALSO RENDER OR ASSIST IN 6 RENDERING TRANSPORTATION SERVICE IN ADJACENT STATES. 7 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 8 PROVIDES PUBLIC TRANSPORTATION SERVICE. 9 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 10 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 11 "MATERIALS AND SUPPLIES." THOSE CATEGORIES OF EXPENSES AS 12 SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS EXPENSE OBJECT CLASS 13 504, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM F 30, 14 NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 15 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 16 "NEW FIXED GUIDEWAY SYSTEM." A NEWLY CONSTRUCTED FIXED 17 GUIDEWAY SYSTEM IN A CORRIDOR OR ALIGNMENT WHERE NO SUCH SYSTEM 18 PREVIOUSLY EXISTED. 19 "NEW FREEDOM PROGRAM." A PUBLIC TRANSPORTATION PROGRAM 20 DESIGNED TO PROVIDE FUNDS TO RECIPIENTS FOR NEW PUBLIC 21 TRANSPORTATION SERVICES AND PUBLIC TRANSPORTATION ALTERNATIVES 22 BEYOND THOSE REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 23 1990 (PUBLIC LAW 101-336, 104 STAT. 327) THAT ASSIST INDIVIDUALS 24 WITH DISABILITIES WITH TRANSPORTATION, INCLUDING TRANSPORTATION 25 TO AND FROM JOBS AND EMPLOYMENT SUPPORT SERVICES ADMINISTERED 26 UNDER THE PROVISIONS OF 49 U.S.C. § 5317 (RELATING TO NEW 27 FREEDOM PROGRAM). 28 "NEW START." THE TERM SHALL HAVE THE SAME MEANING GIVEN IT 29 IN 49 CFR § 611.5 (RELATING TO DEFINITIONS). 30 "NONURBANIZED AREA." AN AREA WITHIN THIS COMMONWEALTH THAT 20070H1590B2342 - 184 -
1 DOES NOT FALL WITHIN AN AREA CLASSIFIED AS "URBANIZED" BY THE 2 UNITED STATES BUREAU OF THE CENSUS OF THE UNITED STATES 3 DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS OF POPULATION. 4 "NONVEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 5 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 6 ASSETS, OTHER THAN VEHICLES, AS SPECIFIED IN UNIFORM SYSTEM OF 7 ACCOUNTS, EXPENSE FUNCTION 042, NATIONAL TRANSIT DATABASE 8 OPERATING EXPENSES FORM, F 30, NATIONAL TRANSIT DATABASE, FINAL 9 RULE, FEDERAL TRANSIT ADMINISTRATION, DATED JANUARY 15, 1993, OR 10 ANY SUCCESSOR. 11 "OPERATING EXPENSES." TOTAL EXPENSES REQUIRED TO CONTINUE 12 SERVICE TO THE PUBLIC AND TO PERMIT NEEDED IMPROVEMENTS IN 13 SERVICE WHICH ARE NOT SELF-SUPPORTING AND OTHERWISE FOR ANY 14 PURPOSE IN FURTHERANCE OF PUBLIC PASSENGER TRANSPORTATION, 15 INCLUDING ALL STATE ASSET MAINTENANCE COSTS. THE TERM DOES NOT 16 INCLUDE EXPENDITURES FOR CAPITAL PROJECTS UNLESS SPECIFIC 17 APPROVAL IS PROVIDED BY THE DEPARTMENT OF TRANSPORTATION. 18 "OPERATING REVENUE." THE TOTAL REVENUE EARNED BY A LOCAL 19 TRANSPORTATION ORGANIZATION OR A TRANSPORTATION COMPANY THROUGH 20 ITS TRANSIT OPERATIONS. THE TERM INCLUDES ALL OF THE FOLLOWING: 21 (1) PASSENGER FARES. 22 (2) REIMBURSEMENTS PROVIDED IN LIEU OF FARES FOR SENIOR 23 PASSENGERS. 24 (3) CHARTER, SCHOOL BUS AND ADVERTISING REVENUE. 25 (4) OTHER MISCELLANEOUS REVENUE SUCH AS PUBLIC AND 26 PRIVATE ROUTE GUARANTEE FUNDS. 27 "PARATRANSIT SERVICE." TRANSIT SERVICE OPERATING ON A 28 NONFIXED-ROUTE BASIS IN ORDER TO PROVIDE COMPLEMENTARY 29 TRANSPORTATION SERVICE TO PERSONS WHO ARE FUNCTIONALLY UNABLE TO 30 USE FIXED-ROUTE TRANSPORTATION PUBLIC TRANSPORTATION SERVICE, AS <-- 20070H1590B2342 - 185 -
1 REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 1990 (PUBLIC 2 LAW 101-336, 104 STAT. 327). 3 "PASSENGERS." THE TOTAL OF ALL ORIGINATING PASSENGERS PLUS 4 TRANSFER PASSENGERS CARRIED ON FIXED ROUTE FIXED-ROUTE PUBLIC <-- 5 TRANSPORTATION SERVICE AND PARATRANSIT SERVICE WITH RESPECT TO 6 THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY <-- 7 PUBLISHED RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE <-- 8 REPORT. 9 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN 10 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT-UP PLACE THAT 11 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF 12 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY, 13 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF 14 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR 15 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT 16 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES. 17 "PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT." AN 18 ANNUAL REPORT COMPLETED BY THE DEPARTMENT OF TRANSPORTATION 19 WHICH SHALL INCLUDE ALL OF THE FOLLOWING: 20 (1) EACH LOCAL TRANSPORTATION ORGANIZATION'S PASSENGERS, 21 REVENUE VEHICLE MILES, REVENUE VEHICLE HOURS, AND SENIOR 22 PASSENGERS STATISTICS FOR THE MOST RECENTLY AVAILABLE FISCAL 23 YEAR. 24 (2) ANY OTHER STATISTICAL INFORMATION THAT THE 25 DEPARTMENT OF TRANSPORTATION DEEMS NECESSARY OR USEFUL. <-- 26 "REVENUE REPLACEMENT FUNDS." PAYMENTS MADE TO LOCAL 27 TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES TO 28 OFFSET OR PARTIALLY OFFSET FARES. 29 "REVENUE VEHICLE HOURS." THE TOTAL AMOUNT OF TIME CALCULATED 30 IN HOURS DURING WHICH VEHICLES ARE IN SERVICE AND AVAILABLE FOR 20070H1590B2342 - 186 -
1 PUBLIC USE IN FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE OR <-- 2 PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR 3 AS REPORTED IN THE MOST RECENT PUBLIC PASSENGER TRANSPORTATION 4 PERFORMANCE REPORT. THE TERM DOES NOT INCLUDE DEADHEAD HOURS. 5 "REVENUE VEHICLE MILES." THE TOTAL AMOUNT OF DISTANCE 6 CALCULATED IN MILES DURING WHICH VEHICLES ARE IN SERVICE AND 7 AVAILABLE FOR PUBLIC USE IN FIXED-ROUTE PUBLIC TRANSPORTATION <-- 8 SERVICE OR PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT 9 FISCAL YEAR AS REPORTED IN THE MOST RECENT PUBLIC PASSENGER 10 TRANSPORTATION PERFORMANCE REPORT. THE TERM DOES NOT INCLUDE 11 DEADHEAD MILES. 12 "REVERSE COMMUTE PROJECT." A PUBLIC TRANSPORTATION PROJECT 13 DESIGNED TO TRANSPORT RESIDENTS OF URBANIZED AND NONURBANIZED 14 AREAS TO SUBURBAN EMPLOYMENT OPPORTUNITIES AS DEFINED UNDER 49 15 U.S.C. § 5316 (RELATING TO JOB ACCESS AND REVERSE COMMUTE 16 FORMULA GRANTS). 17 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 18 COMMONWEALTH. 19 "SENIOR CITIZEN." A PERSON WHO IS AT LEAST 65 YEARS OF AGE. 20 "SENIOR PASSENGER." A SENIOR CITIZEN WHO RIDES ON FIXED- 21 ROUTE SERVICE. 22 "SENIOR PASSENGERS." THE NUMBER OF SENIOR PASSENGERS 23 TRANSPORTED BY A LOCAL TRANSPORTATION ORGANIZATION WITH RESPECT 24 TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY <-- 25 PUBLISHED RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE <-- 26 REPORT. 27 "TAX REFORM CODE." THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), 28 KNOWN AS THE TAX REFORM CODE OF 1971. 29 "TRANSPORTATION COMPANY." A PERSON THAT RENDERS PUBLIC 30 PASSENGER TRANSPORTATION SERVICE. 20070H1590B2342 - 187 -
1 "URBANIZED AREA." A PORTION OF THIS COMMONWEALTH CLASSIFIED 2 AS URBANIZED BY THE UNITED STATES BUREAU OF THE CENSUS OF THE 3 UNITED STATES DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS 4 OF POPULATION. 5 "VEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 6 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 7 VEHICLES AS SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS, EXPENSE 8 FUNCTION 041, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM 9 F 30, NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 10 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 11 "WELFARE-TO-WORK." ANY FEDERAL OR STATE PROGRAM DESIGNED TO 12 MOVE INDIVIDUALS FROM DEPENDENCY ON PUBLIC WELFARE PROGRAMS TO 13 SELF-SUFFICIENCY THROUGH PAID WORK. 14 § 1504. DEPARTMENT AUTHORIZATION. 15 (A) GENERAL.--THE DEPARTMENT MAY, WITHIN THE LIMITATIONS 16 PROVIDED IN THIS CHAPTER, INCUR COSTS DIRECTLY AND PROVIDE 17 FINANCIAL ASSISTANCE FOR THE PURPOSES AND ACTIVITIES ENUMERATED 18 IN THIS CHAPTER. 19 (B) SUPPLEMENTATION OF FEDERAL AND LOCAL FUNDS.--THE 20 AUTHORITY CONFERRED ON THE DEPARTMENT BY THIS CHAPTER INCLUDES, <-- 21 BUT IS NOT LIMITED TO, PROVIDING FINANCIAL ASSISTANCE FOR PUBLIC 22 PASSENGER TRANSPORTATION PURPOSES AND TO SUPPLEMENT <-- 23 SUPPLEMENTING FEDERAL FUNDING OR LOCAL FUNDING OR BOTH. <-- 24 § 1505. REGULATIONS. 25 (A) GENERAL RULE.--TO EFFECTUATE AND ENFORCE THE PROVISIONS 26 OF THIS CHAPTER, THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES 27 AND REGULATIONS AND PRESCRIBE CONDITIONS AND PROCEDURES IN ORDER 28 TO ASSURE COMPLIANCE IN CARRYING OUT THE PURPOSES FOR WHICH 29 FINANCIAL ASSISTANCE MAY BE PROVIDED UNDER THIS CHAPTER. 30 (B) TEMPORARY REGULATIONS.-- 20070H1590B2342 - 188 -
1 (1) UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, IN ORDER 2 TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS CHAPTER, 3 DURING THE TWO-YEAR PERIOD FOLLOWING THE EFFECTIVE DATE OF 4 THIS SECTION, THE DEPARTMENT SHALL PROMULGATE TEMPORARY 5 REGULATIONS WHICH SHALL EXPIRE FOUR YEARS FROM THE EFFECTIVE 6 DATE OF THIS SECTION. THE TEMPORARY REGULATIONS SHALL BE 7 EXEMPT FROM THE FOLLOWING: 8 (I) THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), <-- 9 KNOWN AS THE COMMONWEALTH ATTORNEYS ACT. 10 (II) SECTION 205 OF THE ACT OF JULY 31, 1968 11 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH 12 DOCUMENTS LAW. 13 (I) SECTIONS 201, 202, 203 AND 204 OF THE ACT OF <-- 14 JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE 15 COMMONWEALTH DOCUMENTS LAW. 16 (III) (II) THE ACT OF JUNE 25, 1982 (P.L.633, <-- 17 NO.181), KNOWN AS THE REGULATORY REVIEW ACT. 18 (2) THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE 19 TEMPORARY REGULATIONS UNDER THIS SUBSECTION SHALL EXPIRE TWO 20 YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS 21 ADOPTED AFTER THE TWO-YEAR PERIOD SHALL BE PROMULGATED AS 22 PROVIDED BY STATUTE. 23 § 1506. FUND. 24 (A) ESTABLISHMENT.--A SPECIAL FUND IS ESTABLISHED WITHIN THE 25 STATE TREASURY TO BE KNOWN AS THE PUBLIC TRANSPORTATION TRUST 26 FUND. MONEY IN THE FUND IS HEREBY APPROPRIATED, UPON APPROVAL OF 27 THE GOVERNOR, TO THE DEPARTMENT FOR THE PURPOSES SET FORTH UNDER 28 THIS CHAPTER. 29 (B) DEPOSITS TO FUND BY DEPARTMENT.-- 30 (1) THE FOLLOWING APPLY: 20070H1590B2342 - 189 -
1 (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), UPON 2 RECEIPT, THE DEPARTMENT SHALL DEPOSIT INTO THE FUND THE 3 REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 PA.C.S. CH. 4 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND THE LEASE 5 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE 6 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. § 7 8915.3 (RELATING TO LEASE OF INTERSTATE 80) AS FOLLOWS: 8 (A) FOR FISCAL YEAR 2007-2008, $250,000,000. 9 (B) FOR FISCAL YEAR 2008-2009, $250,000,000. 10 (C) FOR FISCAL YEAR 2009-2010, $250,000,000. 11 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 12 YEAR THEREAFTER, THE AMOUNT CALCULATED FOR THE 13 PREVIOUS FISCAL YEAR, INCREASED ANNUALLY BY 2.5%. <-- 14 (II) THE DEPOSITS MADE TO THE FUND UNDER THIS 15 SUBSECTION SHALL EQUAL $250,000,000 ANNUALLY FOR EACH 16 FISCAL YEAR COMMENCING AFTER THE EXPIRATION OF THE 17 CONVERSION PERIOD IF THE CONVERSION NOTICE IS NOT 18 RECEIVED BY THE SECRETARY PRIOR TO EXPIRATION OF THE 19 CONVERSION PERIOD AS SET FORTH UNDER 75 PA.C.S. § 20 8915.3(3). 21 (2) UPON RECEIPT, THE DEPARTMENT SHALL DEPOSIT THE 22 AMOUNT MADE AVAILABLE TO THE DEPARTMENT AS AN EXECUTIVE 23 AUTHORIZATION AND ANY APPROPRIATION FOR THE 2007-2008 FISCAL 24 YEAR AND EACH FISCAL YEAR THEREAFTER FROM THE STATE LOTTERY 25 FUND FOR FIXED ROUTE TRANSIT AND FOR THE FREE TRANSIT PROGRAM 26 FOR SENIOR CITIZENS ESTABLISHED UNDER THE ACT OF AUGUST 26, 27 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. THE 28 FUNDS DEPOSITED UNDER THIS PARAGRAPH SHALL ONLY BE USED AS 29 PERMITTED BY THE STATE LOTTERY LAW, EXCEPT THAT: 30 (I) FUNDS MAY BE USED TO PAY ESTIMATED TRANSIT 20070H1590B2342 - 190 -
1 LOSSES RESULTING FROM PROVIDING FREE SERVICE FOR SENIOR 2 PASSENGERS DURING THE PROVIDER'S REGULAR HOURS OF 3 SERVICE; AND 4 (II) FARES FOR SENIOR CITIZENS ON COMMUTER RAIL 5 SERVICE SHALL BE LIMITED TO $1 PER TRIP AND SHALL BE 6 EXTENDED TO ALL HOURS OF COMMUTER RAIL SERVICE. 7 (C) OTHER DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO 8 THE FUND ANNUALLY: <-- 9 (1) 4.4% OF THE AMOUNT COLLECTED UNDER ARTICLE II OF THE 10 TAX REFORM CODE INTO THE FUND. REVENUES UNDER THIS PARAGRAPH <-- 11 SHALL BE DEPOSITED INTO THE FUND BY THE 20TH DAY OF EACH 12 MONTH FOR THE PRECEDING MONTH. THE AMOUNT DEPOSITED UNDER 13 THIS PARAGRAPH IS ESTIMATED TO BE EQUIVALENT OF THE MONEY 14 AVAILABLE TO THE DEPARTMENT FROM THE FOLLOWING SOURCES: <-- 15 (I) THE SUPPLEMENTAL PUBLIC TRANSPORTATION ACCOUNT 16 ESTABLISHED UNDER FORMER SECTION 1310.1 (RELATING TO 17 SUPPLEMENTAL PUBLIC TRANSPORTATION ASSISTANCE FUNDING). 18 (II) THE AMOUNT APPROPRIATED ANNUALLY BY THE 19 COMMONWEALTH FROM THE GENERAL FUND FOR MASS TRANSIT 20 PROGRAMS PURSUANT TO A GENERAL APPROPRIATIONS ACT. 21 (2) PROCEEDS OF COMMONWEALTH CAPITAL BONDS. <-- 22 (2) AN AMOUNT OF PROCEEDS OF COMMONWEALTH CAPITAL BONDS, <-- 23 AS DETERMINED ANNUALLY BY THE SECRETARY OF THE BUDGET. 24 (3) REVENUE IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND 25 ESTABLISHED UNDER ARTICLE XXIII OF THE TAX REFORM CODE NOT 26 OTHERWISE DEDUCTED DEDICATED PURSUANT TO LAW. <-- 27 (4) OTHER APPROPRIATIONS, DEPOSITS OR TRANSFERS TO THE <-- 28 FUND. 29 (D) USE OF REVENUES.--MONEY IN THE FUND SHALL BE USED BY THE 30 DEPARTMENT AS FOLLOWS: 20070H1590B2342 - 191 -
1 (1) TO PROVIDE FINANCIAL ASSISTANCE THROUGH THE PROGRAMS 2 ESTABLISHED UNDER THIS CHAPTER; 3 (2) FOR COSTS INCURRED DIRECTLY BY THE DEPARTMENT IN THE 4 ADMINISTRATION OF PUBLIC PASSENGER TRANSPORTATION PROGRAMS, 5 INCLUDING UNDER THIS CHAPTER; AND 6 (3) FOR ALL OTHER PURPOSES ENUMERATED UNDER THIS 7 CHAPTER. 8 (E) PROGRAM FUNDING AMOUNTS.--SUBJECT TO AVAILABLE FUNDS, 9 THE PROGRAMS ESTABLISHED UNDER THIS CHAPTER SHALL BE FUNDED 10 ANNUALLY AS FOLLOWS: <-- 11 (1) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1513 12 (RELATING TO OPERATING PROGRAM), THE FOLLOWING AMOUNTS SHALL 13 BE ALLOCATED FROM THE FUND: 14 (I) ALL REVENUES DEPOSITED IN THE FUND UNDER 15 SUBSECTION (B)(1). 16 (II) ALL REVENUES DEPOSITED IN THE FUND UNDER 17 SUBSECTION (B)(2). 18 (III) 69.99% OF THE REVENUES DEPOSITED IN THE FUND 19 UNDER SUBSECTION (C)(1). 20 (IV) ALL REVENUES DEPOSITED INTO THE FUND UNDER <-- 21 SUBSECTION (C)(3). 22 (2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), FOR 23 THE PROGRAM ESTABLISHED UNDER SECTION 1514 (RELATING TO ASSET 24 IMPROVEMENT PROGRAM): 25 (A) BY THE PROCEEDS OF COMMONWEALTH CAPITAL 26 BONDS DEPOSITED INTO THE FUND UNDER SUBSECTION <-- 27 (C)(2). 28 (A.1) FOR FISCAL YEAR 2007-2008, $50,000,000 <-- 29 FROM THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 30 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 20070H1590B2342 - 192 -
1 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 2 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 3 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 4 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 5 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 6 SUBSECTION (B)(1). 7 (B) FOR FISCAL YEAR 2008-2009, $100,000,000 FROM 8 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 9 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 10 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 11 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 12 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 13 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 14 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 15 SUBSECTION (B)(1). 16 (C) FOR FISCAL YEAR 2009-2010, $150,000,000 FROM 17 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 18 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 19 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 20 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 21 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 22 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 23 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 24 SUBSECTION (B)(1). 25 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 26 YEAR THEREAFTER, $150,000,000, INCREASED ANNUALLY THE <-- 27 AMOUNT CALCULATED FOR THE PRIOR FISCAL YEAR, 28 INCREASED BY 2.5% FROM THE REVENUES RECEIVED BY THE 29 DEPARTMENT UNDER 75 PA.C.S. CH. 89 AND THE LEASE 30 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE 20070H1590B2342 - 193 -
1 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. § 2 8915.3. THE AMOUNT RECEIVED BY THE DEPARTMENT UNDER 3 THIS SECTION SHALL BE DEPOSITED INTO THE FUND PRIOR 4 TO DISTRIBUTION AND SHALL BE IN ADDITION TO THE 5 AMOUNTS RECEIVED UNDER SUBSECTION (B)(1). 6 (II) IF THE CONVERSION NOTICE IS NOT RECEIVED BY THE 7 SECRETARY PRIOR TO THE END OF THE CONVERSION PERIOD AS 8 SET FORTH IN 75 PA.C.S. § 8915.3(3), NO PAYMENT <-- 9 ADDITIONAL ALLOCATION SHALL BE REQUIRED UNDER THIS <-- 10 SUBPARAGRAPH MADE UNDER SUBPARAGRAPH (I). <-- 11 (3) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1516 12 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE), 5.5% 13.24% <-- 13 OF THE REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1) 14 SHALL BE ALLOCATED FROM THE FUND. 15 (4) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1517 16 (RELATING TO CAPITAL IMPROVEMENTS PROGRAM), 16.77% OF THE 17 REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1). 18 ADDITIONAL FUNDS FOR THIS PROGRAM MAY BE PROVIDED FROM THE 19 FUNDS ALLOCATED BUT NOT DISTRIBUTED BASED ON THE LIMITATION 20 SET FORTH UNDER SECTION 1513(C) 1513(C)(3). <-- 21 § 1507. APPLICATION AND APPROVAL PROCESS. 22 (A) APPLICATION.--AN ELIGIBLE APPLICANT THAT WISHES TO 23 RECEIVE FINANCIAL ASSISTANCE UNDER THIS CHAPTER SHALL SUBMIT A 24 WRITTEN APPLICATION TO THE DEPARTMENT, ON A FORM DEVELOPED BY 25 THE DEPARTMENT, WHICH SHALL INCLUDE THE FOLLOWING: 26 (1) THE NAME AND ADDRESS OF THE APPLICANT. 27 (2) THE NAME AND TELEPHONE NUMBER OF A CONTACT PERSON 28 FOR THE APPLICANT. 29 (3) THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE 30 REQUESTED AND THE PROPOSED USE OF THE FUNDS. 20070H1590B2342 - 194 -
1 (4) A STATEMENT AS TO THE PARTICULAR NEED FOR THE 2 FINANCIAL ASSISTANCE. 3 (5) A CERTIFIED COPY OF A CURRENT RESOLUTION AUTHORIZING 4 SUBMISSION OF THE APPLICATION IF THE APPLICANT IS A GOVERNING 5 BODY. 6 (6) EVIDENCE SATISFACTORY TO THE DEPARTMENT OF THE 7 COMMITMENT FOR MATCHING FUNDS REQUIRED UNDER THIS CHAPTER 8 SUFFICIENT TO MATCH THE PROJECTED FINANCIAL ASSISTANCE 9 PAYMENTS AT THE SAME TIMES THAT THE FINANCIAL ASSISTANCE 10 PAYMENTS ARE TO BE PROVIDED. 11 (7) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY 12 OR DESIRABLE. 13 (B) APPROVAL AND AWARD.--UPON DETERMINING THAT AN APPLICANT 14 HAS COMPLIED WITH THIS CHAPTER, APPLICABLE RULES AND REGULATIONS 15 AND ANY OTHER REQUIREMENT WITH RESPECT TO THE FINANCIAL 16 ASSISTANCE REQUESTED, THE DEPARTMENT MAY AWARD FINANCIAL 17 ASSISTANCE TO THE APPLICANT. IF THE DEPARTMENT AWARDS FINANCIAL 18 ASSISTANCE TO THE APPLICANT, THE DEPARTMENT AND THE APPLICANT 19 SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT SETTING FORTH 20 THE TERMS AND CONDITIONS GOVERNING THE USE OF THE FINANCIAL 21 ASSISTANCE AND THE TIMING OF PAYMENT OF THE FUNDS. THE 22 DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE APPLICATION FOR AND 23 AWARDING OF FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND SHALL 24 FORWARD THEM TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION 25 IN THE PENNSYLVANIA BULLETIN. 26 (C) RESTRICTION ON USE OF FUNDS.--FINANCIAL ASSISTANCE UNDER 27 THIS CHAPTER SHALL BE USED ONLY FOR ACTIVITIES SET FORTH UNDER 28 THE FINANCIAL ASSISTANCE AGREEMENT UNLESS THE DEPARTMENT GRANTS <-- 29 THE AWARD RECIPIENT A WAIVER ALLOWING THE FUNDS TO BE USED FOR A 30 DIFFERENT PURPOSE. THE DEPARTMENT'S REGULATIONS SHALL DESCRIBE 20070H1590B2342 - 195 -
1 CIRCUMSTANCES UNDER WHICH IT WILL CONSIDER WAIVER REQUESTS AND 2 SHALL SET FORTH ALL INFORMATION TO BE INCLUDED IN A WAIVER 3 REQUEST. THE MAXIMUM DURATION OF A WAIVER SHALL BE ONE YEAR, AND 4 A WAIVER REQUEST SHALL INCLUDE A PLAN OF CORRECTIVE ACTION TO 5 DEMONSTRATE THAT THE AWARD RECIPIENT DOES NOT HAVE AN ONGOING 6 NEED TO USE FINANCIAL ASSISTANCE FUNDS FOR ACTIVITIES OTHER THAN 7 THOSE FOR WHICH FUNDS WERE ORIGINALLY AWARDED. 8 § 1508. FEDERAL FUNDING. 9 (A) GENERAL RULE.--THE DEPARTMENT SHALL ADMINISTER THE 10 PROGRAM PROGRAMS ESTABLISHED UNDER THIS CHAPTER IN A MANNER THAT <-- 11 PERMITS FULL COOPERATION BETWEEN FEDERAL, STATE AND LOCAL 12 GOVERNMENTS, AGENCIES AND INSTRUMENTALITIES, LOCAL 13 TRANSPORTATION ORGANIZATIONS AND PRIVATE INTERESTS, SO AS TO 14 RESULT IN AS EFFECTIVE AND ECONOMICAL A PROGRAM AS POSSIBLE. 15 (B) AGREEMENTS.--THE DEPARTMENT MAY ENTER INTO AGREEMENTS 16 FOR MUTUAL COOPERATION BETWEEN OR AMONG THE DEPARTMENT AND A 17 FEDERAL AGENCY, LOCAL TRANSPORTATION ORGANIZATION OR 18 TRANSPORTATION COMPANY CONCERNING A PROJECT TO BE FUNDED WITH 19 FINANCIAL ASSISTANCE UNDER THIS CHAPTER, INCLUDING JOINT 20 APPLICATIONS FOR FEDERAL GRANTS. 21 (C) GENERAL AUTHORITY OF DEPARTMENT.--THE DEPARTMENT MAY DO 22 ANYTHING NECESSARY OR DESIRABLE TO SECURE FINANCIAL AID OR 23 COOPERATION OF A FEDERAL AGENCY FOR A PROJECT FUNDED WITH 24 FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND TO COMPLY WITH A 25 FEDERAL STATUTE OR LAWFUL REQUIREMENT OF A FEDERAL AGENCY 26 AUTHORIZED TO ADMINISTER A PROGRAM OF FEDERAL AID TO 27 TRANSPORTATION. THE DEPARTMENT MAY ENTER INTO A PROTECTIVE 28 AGREEMENT WITH ORGANIZED LABOR TO THE EXTENT REQUIRED UNDER 49 29 U.S.C. § 5333 (RELATING TO LABOR STANDARDS) IN ORDER TO OBTAIN 30 FEDERAL GRANT MONEY FOR TRANSPORTATION ASSISTANCE. PROTECTIVE 20070H1590B2342 - 196 -
1 AGREEMENTS SHALL BE NARROWLY DRAWN AND STRICTLY CONSTRUED TO 2 PROVIDE NO MORE THAN THE MINIMUM PROTECTIONS REQUIRED BY THE 3 UNITED STATES DEPARTMENT OF LABOR FOR THE AGREEMENTS. 4 (D) DIRECT RECIPIENTS.--LOCAL TRANSPORTATION ORGANIZATIONS 5 THAT ARE DIRECT RECIPIENTS OF FEDERAL FUNDING SHALL BE UNDER NO 6 OBLIGATION TO ENTER INTO CONTRACTS WITH THE DEPARTMENT FOR 7 EXPENDITURE OF THOSE FUNDS, EXCEPT THAT THE DEPARTMENT MAY 8 REQUIRE A CONTRACT FOR EXPENDITURE OF THE STATE PORTION OF THE 9 PROJECT ASSISTED BY THOSE FEDERAL FUNDS. 10 § 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 11 DEPARTMENT. 12 ALL DECISIONS, FINDINGS AND REGULATIONS MADE BY THE 13 DEPARTMENT PURSUANT TO THIS CHAPTER SHALL BE FOR THE PURPOSES OF 14 THIS CHAPTER ONLY AND SHALL NOT CONSTITUTE EVIDENCE BEFORE A 15 REGULATORY BODY OF THIS COMMONWEALTH OR ANY OTHER JURISDICTION. 16 § 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 17 (A) REVIEW AND OVERSIGHT.--THE DEPARTMENT SHALL INITIATE AND 18 MAINTAIN A PROGRAM OF FINANCIAL AND PERFORMANCE REVIEW AND 19 OVERSIGHT FOR ALL PROGRAMS RECEIVING FINANCIAL ASSISTANCE UNDER 20 THIS CHAPTER. THE DEPARTMENT MAY PERFORM INDEPENDENT FINANCIAL 21 AUDITS OF EACH AWARD RECIPIENT TO ENSURE COMPLIANCE BY AWARD 22 RECIPIENTS WITH THIS CHAPTER, DEPARTMENT REGULATIONS AND 23 POLICIES AND FINANCIAL ASSISTANCE AGREEMENTS. AUDITS SHALL BE 24 CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING 25 STANDARDS. 26 (B) STATE RAIL TRANSIT SAFETY INSPECTION PROGRAM.--THE 27 DEPARTMENT MAY CONDUCT A STATE RAIL TRANSIT SAFETY INSPECTION 28 PROGRAM, AS MAY BE DEFINED FROM TIME TO TIME BY THE FEDERAL 29 TRANSIT ADMINISTRATION, TO MEET OVERSIGHT REQUIREMENTS OF THE 30 FEDERAL TRANSIT ADMINISTRATION. THE PUBLIC TRANSPORTATION MODES 20070H1590B2342 - 197 -
1 COVERED SHALL INCLUDE HEAVY RAIL, LIGHT RAIL, TRACKLESS TROLLEY 2 BUS AND INCLINED PLANE SERVICES AND RELATED FACILITIES. 3 § 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 4 THE FOLLOWING SHALL APPLY: 5 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEPARTMENT 6 SHALL FILE SUBMIT A PUBLIC PASSENGER TRANSPORTATION <-- 7 PERFORMANCE REPORT WITH TO THE GOVERNOR AND THE GENERAL <-- 8 ASSEMBLY BY APRIL 30 OF EACH YEAR, COVERING THE PRIOR FISCAL 9 YEAR. 10 (2) THE REPORT COVERING THE 2005-2006 FISCAL YEAR SHALL 11 BE PUBLISHED SUBMITTED BY JULY 31, 2007. <-- 12 § 1512. COORDINATION. 13 COORDINATION IS REQUIRED IN REGIONS WHERE TWO OR MORE AWARD 14 RECIPIENTS HAVE SERVICES OR ACTIVITIES FOR WHICH FINANCIAL 15 ASSISTANCE IS BEING PROVIDED UNDER THIS CHAPTER TO ASSURE THAT 16 THE SERVICES OR ACTIVITIES ARE PROVIDED EFFICIENTLY AND 17 EFFECTIVELY. 18 § 1513. OPERATING PROGRAM. 19 (A) ELIGIBLE APPLICANTS.--THE FOLLOWING MAY APPLY FOR 20 FINANCIAL ASSISTANCE FOR OPERATING EXPENSES UNDER THIS SECTION: 21 (1) THE GOVERNING BODY OF A MUNICIPALITY OR AN 22 INSTRUMENTALITY OF A MUNICIPALITY. 23 (2) A COMMONWEALTH AGENCY OR INSTRUMENTALITY. 24 (3) A LOCAL TRANSPORTATION ORGANIZATION. 25 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 26 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 27 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 28 INCLUDE THE APPLICANT'S REASONABLE ESTIMATES OF OPERATING 29 REVENUE AND GOVERNMENT SUBSIDIES SUFFICIENT TO COVER ALL 30 PROJECTED OPERATING EXPENSES. 20070H1590B2342 - 198 -
1 (C) DISTRIBUTION FORMULA.-- 2 (1) NO LATER THAN 15 BUSINESS DAYS AFTER THE EFFECTIVE 3 DATE OF THIS SECTION THE DEPARTMENT SHALL FORWARD TO THE 4 LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE 5 PENNSYLVANIA BULLETIN THE BASE OPERATING ALLOCATION FOR EACH 6 LOCAL TRANSPORTATION ORGANIZATION. 7 (1.1) FOR PURPOSES OF DETERMINING THE AMOUNT OF <-- 8 ASSISTANCE AVAILABLE FOR DISTRIBUTION UNDER THIS SUBSECTION, 9 IN ADDITION TO THE AMOUNTS ALLOCATED UNDER SECTION 10 1506(E)(1)(RELATING TO FUND), AN AMOUNT EQUAL TO THE REVENUE 11 IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND DEDICATED 12 PURSUANT TO LAW SHALL BE INCLUDED. 13 (2) FOR FISCAL YEAR 2007-2008 AND EVERY EACH FISCAL YEAR <-- 14 THEREAFTER EACH QUALIFYING LOCAL TRANSPORTATION ORGANIZATION <-- 15 SHALL RECEIVE FINANCIAL ASSISTANCE WHICH SHALL CONSIST OF THE 16 FOLLOWING: 17 (I) ITS BASE OPERATING ALLOCATION MULTIPLIED BY 18 1.0506. 19 (II) AN ADDITIONAL AMOUNT WHICH SHALL BE ALLOCATED 20 BASED ON THE FOLLOWING DISTRIBUTION FORMULA: 21 (A) TWENTY-FIVE PERCENT OF THE AWARD AMOUNT 22 SHALL BE BASED ON THE NUMBER OF PASSENGERS. THE 23 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 24 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 25 FOLLOWS: 26 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 27 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 28 BY 0.25. 29 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 30 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 20070H1590B2342 - 199 -
1 NUMBER OF PASSENGERS. 2 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 3 (II) BY THE TOTAL NUMBER OF PASSENGERS FOR ALL 4 QUALIFYING LOCAL TRANSPORTATION ORGANIZATIONS. <-- 5 (B) TEN PERCENT OF THE AWARD AMOUNT SHALL BE 6 BASED ON THE NUMBER OF SENIOR PASSENGERS TO OFFSET 7 FREE FARES FOR SENIOR PASSENGERS. THE ACTUAL AMOUNT 8 RECEIVED BY EACH LOCAL TRANSPORTATION ORGANIZATION 9 UNDER THIS CLAUSE SHALL BE CALCULATED AS FOLLOWS: 10 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 11 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 12 BY 0.10. 13 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 14 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 15 NUMBER OF SENIOR PASSENGERS. 16 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 17 (II) BY THE TOTAL NUMBER OF SENIOR PASSENGERS FOR 18 ALL QUALIFYING LOCAL TRANSPORTATION <-- 19 ORGANIZATIONS. 20 (C) THIRTY-FIVE PERCENT OF THE AWARD AMOUNT 21 SHALL BE BASED ON THE NUMBER OF REVENUE VEHICLE 22 HOURS. THE ACTUAL AMOUNT RECEIVED BY EACH LOCAL 23 TRANSPORTATION ORGANIZATION UNDER THIS CLAUSE SHALL 24 BE CALCULATED AS FOLLOWS: 25 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 26 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 27 BY 0.35. 28 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 29 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 30 NUMBER OF REVENUE VEHICLE HOURS. 20070H1590B2342 - 200 -
1 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 2 (II) BY THE TOTAL OF THE REVENUE VEHICLE HOURS 3 FOR ALL QUALIFYING LOCAL TRANSPORTATION <-- 4 ORGANIZATIONS. 5 (D) THIRTY PERCENT OF THE AWARD AMOUNT SHALL BE 6 BASED ON THE NUMBER OF REVENUE VEHICLE MILES. THE 7 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 8 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 9 FOLLOWS: 10 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 11 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 12 BY 0.30. 13 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 14 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 15 NUMBER OF REVENUE VEHICLE MILES. 16 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 17 (II) BY THE TOTAL NUMBER OF REVENUE VEHICLE MILES 18 FOR ALL QUALIFYING LOCAL TRANSPORTATION <-- 19 ORGANIZATIONS. 20 (3) FOR THE 2007-2008 FISCAL YEAR, NO LOCAL 21 TRANSPORTATION ORGANIZATION SHALL RECEIVE TOTAL FINANCIAL 22 ASSISTANCE UNDER THIS SUBSECTION THAT WOULD BE MORE THAN 50% 23 HIGHER THAN THE AMOUNT IT RECEIVES UNDER PARAGRAPH (2)(I). <-- 24 FOR EACH SUBSEQUENT FISCAL YEAR, THE INCREASE IN THE TOTAL 25 FINANCIAL ASSISTANCE PROVIDED TO EACH APPLICANT LOCAL <-- 26 TRANSPORTATION ORGANIZATION SHALL NOT EXCEED 20% OF THE PRIOR 27 YEAR ALLOCATION. 28 (C.1) MINIMUM.--NO LOCAL TRANSPORTATION ORGANIZATION SHALL <-- 29 RECEIVE FINANCIAL ASSISTANCE UNDER THIS SECTION IN AN AMOUNT 30 LESS THAN THE AMOUNT RECEIVED IN THE PREVIOUS FISCAL YEAR. 20070H1590B2342 - 201 -
1 (D) LOCAL MATCH REQUIREMENTS.-- 2 (1) FOR FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR 3 THEREAFTER, EXCEPT AS PROVIDED UNDER PARAGRAPH (2), FINANCIAL <-- 4 ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE MATCHED BY 5 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN THE 6 GREATER OF: 7 (I) 15% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE 8 BEING PROVIDED; OR 9 (II) THE AMOUNT REQUIRED UNDER FORMER SECTION 10 1311(D) (RELATING TO USE OF FUNDS DISTRIBUTED) FOR FISCAL 11 YEAR 2006-2007. 12 (2) IN FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR <-- 13 THEREAFTER, IF THE LOCAL MATCH REQUIRED UNDER THIS SUBSECTION 14 DOES NOT EQUAL 15%, THE LOCAL MATCH SHALL BE INCREASED 15 ANNUALLY IN AN AMOUNT NOT TO EXCEED 5% UNTIL THE LOCAL MATCH 16 EQUALS 15%. 17 (2) BEGINNING IN FISCAL YEAR 2007-2008 AND EACH FISCAL <-- 18 YEAR THEREAFTER, IF THE LOCAL MATCHING FUNDS PROVIDED ARE 19 LESS THAN 15% OF THE AMOUNT OF FINANCIAL ASSISTANCE RECEIVED, 20 THE LOCAL TRANSPORTATION ORGANIZATION'S REQUIRED LOCAL 21 MATCHING FUNDS SHALL INCREASE ANNUALLY IN ORDER TO MEET THE 22 15% REQUIREMENT SET FORTH UNDER PARAGRAPH (1)(I). THE LOCAL 23 MATCHING FUNDS SHALL BE INCREASED ANNUALLY BY A MINIMUM OF 5% 24 ABOVE THE AMOUNT OF LOCAL MATCHING FUNDS PROVIDED IN THE 25 PREVIOUS FISCAL YEAR UNLESS A LESSER AMOUNT IS NECESSARY TO 26 MEET THE 15% REQUIREMENT SET FORTH UNDER PARAGRAPH (1)(I). 27 (3) FOR FINANCIAL ASSISTANCE TO A LOCAL TRANSPORTATION <-- 28 ORGANIZATION, ELIGIBLE ELIGIBLE LOCAL MATCHING FUNDS SHALL <-- 29 CONSIST ONLY OF CASH CONTRIBUTIONS PROVIDED BY ONE OR MORE 30 MUNICIPALITIES OR COUNTIES THAT ARE MEMBERS OF THE LOCAL <-- 20070H1590B2342 - 202 -
1 TRANSPORTATION ORGANIZATION. THE AMOUNT OF THE MATCH AND THE 2 TIME PERIOD DURING WHICH THE MATCH MUST CONTINUE TO BE 3 AVAILABLE SHALL BE SPECIFIED IN THE FINANCIAL ASSISTANCE 4 AGREEMENT. FUNDING PROVIDED BY LOCAL AND PRIVATE ENTITIES, 5 INCLUDING ADVERTISING OR NAMING RIGHTS, MAY BE ELIGIBLE FOR <-- 6 THE MATCH QUALIFY AS LOCAL MATCHING FUNDS TO THE EXTENT THEY <-- 7 PROVIDE FOR THE COST OF TRANSIT SERVICE THAT IS OPEN TO THE 8 PUBLIC. THE FOLLOWING SHALL NOT BE ELIGIBLE FOR A LOCAL MATCH <-- 9 CONSIDERED LOCAL MATCHING FUNDS: <-- 10 (I) ANY FORM OF TRANSIT OPERATING REVENUE OR OTHER 11 FORMS OF TRANSIT INCOME PROVIDED BY THE LOCAL 12 TRANSPORTATION ORGANIZATION. 13 (II) FUNDS USED TO REPLACE FARES. 14 (4) A MUNICIPALITY IN A METROPOLITAN AREA WHICH IS A 15 MEMBER OF A LOCAL TRANSPORTATION ORGANIZATION IS AUTHORIZED 16 TO PROVIDE ANNUAL FINANCIAL ASSISTANCE FROM CURRENT REVENUES 17 TO THE LOCAL TRANSPORTATION ORGANIZATION OF WHICH IT IS A 18 MEMBER OR ENTER INTO A LONG-TERM AGREEMENT FOR PAYMENT OF 19 MONEY TO ASSIST IN DEFRAYING THE COSTS OF OPERATION, 20 MAINTENANCE AND DEBT SERVICE OF THE LOCAL TRANSPORTATION 21 ORGANIZATION OR OF A PARTICULAR PUBLIC TRANSPORTATION PROJECT 22 OF A LOCAL TRANSPORTATION ORGANIZATION. THE OBLIGATION OF A 23 MUNICIPALITY UNDER AN AGREEMENT PURSUANT TO THIS PARAGRAPH 24 SHALL NOT BE CONSIDERED TO BE A PART OF THE INDEBTEDNESS OF 25 THE MUNICIPALITY, NOR SHALL THE OBLIGATION BE DEEMED TO 26 IMPAIR THE STATUS OF ANY INDEBTEDNESS OF THE MUNICIPALITY 27 WHICH WOULD OTHERWISE BE CONSIDERED SELF-SUSTAINING. 28 (E) PERFORMANCE REVIEWS.-- 29 (1) THE DEPARTMENT MAY CONDUCT PERFORMANCE REVIEWS OF AN 30 AWARD RECIPIENT UNDER THIS SECTION TO DETERMINE THE 20070H1590B2342 - 203 -
1 EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL ASSISTANCE. <-- 2 REVIEWS SHALL BE CONDUCTED AT REGULAR INTERVALS AS 3 ESTABLISHED BY THE DEPARTMENT IN CONSULTATION WITH THE 4 MANAGEMENT OF THE AWARD RECIPIENT. AFTER COMPLETION OF A 5 REVIEW, THE DEPARTMENT SHALL ISSUE A REPORT THAT: 6 (I) HIGHLIGHTS EXCEPTIONAL PERFORMANCE AND 7 IDENTIFIES ANY PROBLEMS THAT NEED TO BE RESOLVED; 8 (II) ASSESSES PERFORMANCE, EFFICIENCY AND 9 EFFECTIVENESS OF THE USE OF THE FINANCIAL ASSISTANCE; 10 (III) MAKES RECOMMENDATIONS ON FOLLOW-UP ACTIONS 11 REQUIRED TO REMEDY ANY PROBLEM IDENTIFIED; AND 12 (IV) PROVIDES AN ACTION PLAN DOCUMENTING WHO SHOULD 13 PERFORM THE RECOMMENDED ACTIONS AND A TIME FRAME WITHIN 14 WHICH THEY SHOULD BE PERFORMED. 15 (2) THE DEPARTMENT SHALL DELIVER THE REPORT TO THE 16 GOVERNOR, TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 17 TRANSPORTATION COMMITTEE OF THE SENATE AND TO THE CHAIRMAN 18 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE 19 HOUSE OF REPRESENTATIVES. THE DEPARTMENT'S REGULATIONS SHALL 20 CONTAIN A DESCRIPTION OF THE IMPACT ON BOTH THE AMOUNT OF, 21 AND FUTURE ELIGIBILITY FOR, FINANCIAL ASSISTANCE UNDER THIS 22 CHAPTER BASED UPON THE DEGREE TO WHICH THE LOCAL 23 TRANSPORTATION ORGANIZATION COMPLIES WITH THE RECOMMENDATIONS 24 IN THE REPORT. THE DEPARTMENT SHALL DEVELOP A LIST OF BEST 25 PRACTICES REVEALED BY THE REPORTS ISSUED UNDER THIS 26 SUBSECTION AND SHALL POST THEM ON THE DEPARTMENT'S INTERNET 27 WEBSITE. 28 (F) PERFORMANCE CRITERIA.--CRITERIA USED FOR THE REVIEWS 29 CONDUCTED UNDER SUBSECTION (E) SHALL CONSIST OF PASSENGERS PER 30 REVENUE VEHICLE HOUR, OPERATING COSTS PER REVENUE VEHICLE HOUR, 20070H1590B2342 - 204 -
1 OPERATING REVENUE PER REVENUE VEHICLE HOUR, OPERATING COSTS PER 2 PASSENGER AND OTHER ITEMS AS THE DEPARTMENT MAY ESTABLISH. THE 3 DEPARTMENT'S REGULATIONS SHALL SET FORTH THE MINIMUM SYSTEM 4 PERFORMANCE CRITERIA, BASED UPON COMPARISON OF THE AWARD 5 RECIPIENT TO ITS PAST PERFORMANCE AND TO ITS PEERS, THAT AN 6 AWARD RECIPIENT MUST SATISFY. 7 (G) FAILURE TO SATISFY MINIMUM PERFORMANCE CRITERIA.-- 8 (1) IF A PERFORMANCE REVIEW CONDUCTED UNDER SUBSECTION 9 (E) REVEALS THAT THE PERFORMANCE OF AN AWARD RECIPIENT'S 10 TRANSPORTATION SYSTEM HAS DECREASED COMPARED TO PERFORMANCE 11 DETERMINED THROUGH A PRIOR REVIEW, THE DEPARTMENT MAY, UPON 12 THE WRITTEN REQUEST OF AN AWARD RECIPIENT, WAIVE ANY 13 REQUIREMENT FOR A REDUCTION IN THE AMOUNT OF FINANCIAL 14 ASSISTANCE TO BE AWARDED UNDER THIS SECTION FOR A REASONABLE 15 TIME PERIOD TO ALLOW THE AWARD RECIPIENT TO BRING THE SYSTEM 16 BACK TO THE REQUIRED PERFORMANCE LEVEL. THE AWARD RECIPIENT 17 SHALL PROVIDE WRITTEN JUSTIFICATION FOR PROVIDING A TIME 18 PERIOD LONGER THAN TWO YEARS. IN ORDER TO OBTAIN THE WAIVER 19 FOR THE PERIOD REQUESTED, THE AWARD RECIPIENT MUST DO ALL OF 20 THE FOLLOWING: 21 (I) DEVELOP AN ACTION PLAN TO IMPROVE SYSTEM 22 PERFORMANCE THAT CONTAINS KEY MEASURABLE MILESTONES. THE 23 ACTION PLAN MUST BE ACCEPTABLE TO THE DEPARTMENT AND MUST 24 BE APPROVED BY THE DEPARTMENT IN WRITING. 25 (II) SUBMIT QUARTERLY PROGRESS REPORTS ON THE ACTION 26 PLAN TO THE DEPARTMENT. 27 (2) THE DEPARTMENT SHALL REVIEW AND EVALUATE THE AWARD 28 RECIPIENT'S PROGRESS TO DETERMINE IF THE SYSTEM HAS IMPROVED. 29 IF THE SYSTEM HAS IMPROVED, THE AWARD RECIPIENT WILL REMAIN 30 ELIGIBLE FOR FULL FORMULA FUNDING AS DETERMINED UNDER 20070H1590B2342 - 205 -
1 SUBSECTION (C). IF THE SYSTEM HAS NOT IMPROVED BY THE END OF 2 THE WAIVER PERIOD, THE WAIVER WILL BE WITHDRAWN. EXPENSES 3 INCURRED BY THE AWARD RECIPIENT AS A RESULT OF THE FAILURE OF 4 THE AWARD RECIPIENT'S SYSTEM TO MEET THE MINIMUM PERFORMANCE 5 CRITERIA SHALL BE BORNE BY THE AWARD RECIPIENT. 6 (H) ADJUSTMENTS TO MINIMUM PERFORMANCE CRITERIA.--UPON 7 WRITTEN REQUEST OF AN AWARD RECIPIENT, THE DEPARTMENT MAY ADJUST 8 THE MINIMUM PERFORMANCE CRITERIA DESCRIBED IN SUBSECTION (G) IN 9 A GIVEN YEAR IF THE PERFORMANCE OF THE AWARD RECIPIENT'S SYSTEM 10 IS ADVERSELY AFFECTED BY CIRCUMSTANCES WHICH ARE BEYOND THE 11 AWARD RECIPIENT'S CONTROL. EXAMPLES ARE LABOR STRIKES, 12 INFRASTRUCTURE FAILURES AND NATURAL DISASTERS. THE REQUEST MUST 13 INCLUDE THE AWARD RECIPIENT'S REASONS FOR SEEKING THE 14 ADJUSTMENT. 15 § 1514. ASSET IMPROVEMENT PROGRAM. 16 (A) ELIGIBLE APPLICANTS.-- 17 (1) THE FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE FOR 18 IMPROVEMENT, REPLACEMENT OR EXPANSION OF CAPITAL PROJECTS 19 UNDER THIS SECTION: 20 (I) A LOCAL TRANSPORTATION ORGANIZATION. 21 (II) AN AGENCY OR INSTRUMENTALITY OF THE 22 COMMONWEALTH. 23 (III) A PERSON RESPONSIBLE FOR COORDINATING 24 COMMUNITY TRANSPORTATION PROGRAM SERVICES. 25 (IV) ANY OTHER PERSON THE DEPARTMENT DEEMS TO BE 26 ELIGIBLE. 27 (2) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN FOUR-YEAR 28 AND 12-YEAR PLANS THAT SUMMARIZE THE CAPITAL PROJECTS AND 29 FINANCIAL ASSISTANCE COMMITMENTS FOR EACH APPLICANT. THE 30 DEPARTMENT MAY ENTER INTO MULTIYEAR AGREEMENTS TO PROVIDE 20070H1590B2342 - 206 -
1 FINANCIAL ASSISTANCE FOR CAPITAL PROJECTS BASED UPON CASH 2 FLOW AND REVENUE PROJECTIONS FOR THE FUND. EACH CAPITAL 3 PROJECT SHALL BE BASED ON THE PLAN DEVELOPED BY THE 4 DEPARTMENT. 5 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 6 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 7 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 8 INCLUDE THE FOLLOWING: 9 (1) EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE 10 PROPOSED CAPITAL PROJECT IS INCLUDED IN THE FIRST YEAR OF THE 11 APPLICANT'S FOUR-YEAR CAPITAL PLAN AND ITS FEDERALLY APPROVED 12 TRANSPORTATION IMPROVEMENT PROGRAM. 13 (2) IF AN APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 14 FOR REPLACEMENT OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY 15 TO THE DEPARTMENT THAT THE CAPITAL PROJECT TO BE REPLACED HAS 16 EXCEEDED THE USEFUL LIFE CRITERIA AS DEFINED BY THE 17 DEPARTMENT. AT ITS DISCRETION, THE DEPARTMENT MAY APPROVE 18 FUNDING TO REPLACE A CAPITAL PROJECT THAT DOES NOT EXCEED THE 19 USEFUL LIFE CRITERIA IF THE APPLICANT PROVIDES DOCUMENTATION 20 ACCEPTABLE TO THE DEPARTMENT TO JUSTIFY THE EARLY REPLACEMENT 21 OF THE CAPITAL PROJECT. 22 (3) IF THE APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 23 FOR EXPANSION OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY TO 24 THE DEPARTMENT THAT THE APPLICANT WILL HAVE SUFFICIENT FUTURE 25 ANNUAL OPERATING FUNDS TO SUPPORT THE PROPOSED EXPANSION. 26 (4) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT, 27 INCLUDING A RETURN ON INVESTMENT ANALYSIS OR A LIFE CYCLE 28 COST ANALYSIS, OR BOTH. 29 (C) LOCAL MATCH REQUIREMENTS.--FINANCIAL ASSISTANCE UNDER 30 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 20070H1590B2342 - 207 -
1 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 2 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THE LOCAL 3 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) <-- 4 1513(D)(3) (RELATING TO OPERATING PROGRAM). <-- 5 (D) CONDITIONS FOR RECEIPT OF BOND FUNDING.--FINANCIAL 6 ASSISTANCE THAT IS FUNDED BY PROCEEDS OF COMMONWEALTH CAPITAL 7 BONDS MAY BE PROVIDED TO AN APPLICANT IF ALL OF THE FOLLOWING 8 CONDITIONS ARE MET: 9 (1) THE APPLICANT'S CAPITAL PROJECT HAS BEEN AUTHORIZED 10 BY A CAPITAL BUDGET PROJECT ITEMIZATION ACT. 11 (2) THE APPLICANT'S CAPITAL PROJECT WAS INCLUDED IN THE 12 DEPARTMENT'S APPROVED ANNUAL RELEASE REQUEST APPROVING THE 13 USE OF THE FUNDS FOR THE PROPOSED CAPITAL PROJECT IN THE 14 FISCAL YEAR IN WHICH THE FUNDS ARE EXPECTED TO BE EXPENDED. 15 (3) THE DEPARTMENT HAS APPROVED THE UNDERLYING 16 APPLICATION FOR THE CAPITAL PROJECT. 17 (4) THE CAPITAL PROJECT HAS A USEFUL LIFE OF 20 YEARS OR <-- 18 LONGER. 19 (E) PRIORITIES.--THE AWARD OF FINANCIAL ASSISTANCE UNDER 20 THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING SET OF PRIORITIES 21 IN DESCENDING ORDER OF SIGNIFICANCE UNLESS A COMPELLING RETURN 22 ON INVESTMENT ANALYSIS FOR A PROJECT IN A LOWER CATEGORY IS 23 PROVIDED TO AND APPROVED BY THE DEPARTMENT: 24 (1) REQUESTS FOR FUNDS REQUIRED TO SUPPORT EXISTING 25 LOCAL BOND ISSUES CURRENTLY SUPPORTED WITH STATE REVENUE 26 SOURCES, SUCH AS DEBT SERVICE AND ASSET LEASES. THE 27 COMMONWEALTH PLEDGES TO AND AGREES WITH ANY PERSON, FIRM OR 28 CORPORATION HOLDING ANY BONDS PREVIOUSLY ISSUED BY, OR ANY 29 OTHER DEBT INCURRED BY, A LOCAL TRANSPORTATION ORGANIZATION, 30 AND SECURED IN WHOLE OR PART BY A PLEDGE OF THE FUNDS 20070H1590B2342 - 208 -
1 PROVIDED TO THE LOCAL TRANSPORTATION ORGANIZATION FROM THE 2 FUND THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS 3 VESTED IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER 4 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION 5 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION 6 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT 7 INCURRED, TOGETHER WITH THE INTEREST THEREON, IS FULLY PAID 8 OR PROVIDED FOR. 9 (2) REQUESTS FOR FUNDS REQUIRED TO MATCH FEDERALLY 10 APPROVED CAPITAL PROJECTS FUNDED UNDER 49 U.S.C. §§ 5307 11 (RELATING TO URBANIZED AREA FORMULA GRANTS) AND 5309 12 (RELATING TO CAPITAL INVESTMENT GRANTS AND LOANS) AND OTHER 13 FEDERALLY APPROVED CAPITAL PROJECTS. 14 (3) OTHER NON-FEDERAL CAPITAL PROJECTS AS DETERMINED BY 15 THE DEPARTMENT, WHICH SHALL BE FURTHER SUBJECT TO THE 16 FOLLOWING SET OF PRIORITIES IN DESCENDING ORDER OF 17 SIGNIFICANCE: 18 (I) ESSENTIAL EMERGENCY ASSET IMPROVEMENT PROJECTS. 19 (II) STANDARD REPLACEMENT OF EXISTING ASSETS THAT 20 HAVE EXCEEDED THEIR USEFUL LIFE. 21 (III) ASSET IMPROVEMENT PROJECTS TO EXTEND THE 22 USEFUL LIFE OF THE AFFECTED ASSETS. 23 (IV) ACQUISITION OF NEW ASSETS AND OTHER ACCEPTABLE 24 PURPOSES, OTHER THAN PROJECTS TO BE FUNDED UNDER THE NEW 25 INITIATIVES PROGRAM DESCRIBED IN SECTION 1515 (RELATING 26 TO NEW INITIATIVES PROGRAM), AS DETERMINED BY THE <-- 27 DEPARTMENT. 28 (F) BONDING BY AWARD RECIPIENTS.--WITH THE APPROVAL OF THE 29 DEPARTMENT, AN AWARD RECIPIENT THAT IS PERMITTED BY LAW TO ISSUE 30 BONDS MAY DO SO FOR THE PURPOSE OF FINANCING A MULTIYEAR CAPITAL 20070H1590B2342 - 209 -
1 PROJECT. THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT WITH THE 2 AWARD RECIPIENT PROVIDING THAT PAYMENTS OF THE AWARDED FUNDS 3 SUFFICIENT TO SATISFY REQUIREMENTS OF THE BONDS ISSUED BE MADE 4 DIRECTLY TO THE TRUSTEE OF THE BOND HOLDERS UNTIL SUCH TIME AS 5 THE BONDS ARE RETIRED. 6 § 1515. NEW INITIATIVES PROGRAM. 7 (A) ELIGIBLE APPLICANTS.--PERSONS ELIGIBLE TO APPLY FOR 8 FINANCIAL ASSISTANCE UNDER SECTION 1514 (RELATING TO ASSET 9 IMPROVEMENT PROGRAM) SHALL ALSO BE ELIGIBLE TO APPLY FOR 10 FINANCIAL ASSISTANCE FOR NEW OR EXPANSIONS OF FIXED GUIDEWAY 11 SYSTEMS UNDER THIS SECTION. 12 (B) APPLICATIONS.--IN ADDITION TO THE INFORMATION REQUIRED 13 UNDER SECTION 1507 (RELATING TO APPLICATION AND APPROVAL 14 PROCESS), AN APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS 15 SECTION SHALL INCLUDE ALL OF THE INFORMATION REQUIRED IN AN 16 APPLICATION FOR FINANCIAL ASSISTANCE UNDER SECTION 1514 17 (RELATING TO ASSET IMPROVEMENT PROGRAM). IF THE APPLICATION IS 18 FOR A PROPOSED EXPANSION OF A CAPITAL PROJECT, THE APPLICATION 19 SHALL ALSO INCLUDE EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT 20 THE APPLICANT WILL HAVE SUFFICIENT FUTURE ANNUAL OPERATING FUNDS 21 TO SUPPORT THE PROPOSED EXPANSION. 22 (C) SOURCE OF FUNDS AND PRIORITIES.-- 23 (1) SUMS ALLOCATED FOR THE ASSET IMPROVEMENT PROGRAM 24 UNDER SECTION 1506(E)(2) (RELATING TO FUND), UP TO A MAXIMUM 25 OF $50,000,000 ANNUALLY, MAY BE USED BY THE DEPARTMENT TO 26 PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION. 27 (2) IN AWARDING FINANCIAL ASSISTANCE UNDER THIS SECTION, 28 THE DEPARTMENT SHALL GIVE PRIORITY TO APPLICANTS THAT INTEND 29 TO USE THE FUNDS TO SATISFY THE LOCAL MATCHING PORTION OF 30 FEDERALLY APPROVED NEW STARTS PROJECTS FUNDED PURSUANT TO 49 20070H1590B2342 - 210 -
1 U.S.C. § 5309 (RELATING TO CAPITAL INVESTMENT GRANTS AND 2 LOANS). THE DEPARTMENT MAY FUND PROJECTS THAT DO NOT RECEIVE 3 FUNDING FROM THE FEDERAL NEW STARTS PROGRAM IF THE APPLICANT 4 CAN PROVIDE SUFFICIENT EVIDENCE THAT THE PROJECT CAN MEET ALL 5 OF THE FOLLOWING REQUIREMENTS: 6 (I) INVESTMENTS IN EXISTING SERVICE AREAS HAVE BEEN 7 OPTIMIZED. 8 (II) AN ANALYSIS REVEALS A REASONABLE RETURN ON 9 INVESTMENT. 10 (III) THE PUBLIC BENEFIT OF THE PROJECT HAS BEEN 11 IDENTIFIED. 12 (IV) THERE EXISTS A LOCAL DEDICATED FUNDING COMMITMENT 13 TO PAY ANY REQUIRED LOCAL MATCH FOR THE PROJECT AND ONGOING 14 OPERATING COSTS. 15 (V) THERE EXISTS LOCAL TECHNICAL ABILITY AND CAPACITY TO 16 MANAGE, CONSTRUCT AND OPERATE THE PROJECT. 17 (VI) THE PROJECT IS SUPPORTED BY THE ADOPTION OF AN 18 INTEGRATED LAND USE PLAN BY LOCAL MUNICIPALITIES. 19 (D) LOCAL MATCH REQUIREMENT.--FINANCIAL ASSISTANCE UNDER 20 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 21 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 22 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THIS LOCAL <-- 23 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D)(3) 24 (RELATING TO OPERATING PROGRAM). 25 § 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 26 (A) GENERAL RULE.--MONEY IN THE FUND ALLOCATED FOR PROGRAMS 27 OF STATEWIDE SIGNIFICANCE SHALL BE USED BY THE DEPARTMENT TO 28 SUPPORT PUBLIC TRANSPORTATION PROGRAMS, ACTIVITIES AND SERVICES 29 NOT OTHERWISE FULLY FUNDED THROUGH THE OPERATING PROGRAM, 30 CAPITAL PROGRAM OR ASSET IMPROVEMENT PROGRAM. IN ADDITION TO ANY 20070H1590B2342 - 211 -
1 REQUIREMENTS CONTAINED IN THIS SECTION, APPLICATIONS MUST COMPLY 2 WITH THE SECTION 1507 (RELATING TO APPLICATION AND APPROVAL <-- 3 PROCESS). PROGRAMS OF STATEWIDE SIGNIFICANCE SHALL INCLUDE: 4 (1) THE PERSONS WITH DISABILITIES PROGRAM. 5 (2) INTERCITY PASSENGER RAIL AND BUS SERVICES. <-- 6 (3) COMMUNITY TRANSPORTATION CAPITAL AND SERVICE 7 STABILIZATION. 8 (4) THE WELFARE TO WORK PROGRAM AND MATCHING FUNDS FOR 9 FEDERAL PROGRAMS WITH SIMILAR INTENT. 10 (5) DEMONSTRATION AND RESEARCH PROJECTS. 11 (6) TECHNICAL ASSISTANCE. 12 (7) OTHER PROGRAMS AS DETERMINED BY THE DEPARTMENT. 13 (8) THE DEPARTMENT'S COSTS UNDER SECTION 1510(B) 14 (RELATING TO PROGRAM OVERSIGHT AND ADMINISTRATION) AND 15 SECTION 1518 (RELATING TO PROGRAM OVERSIGHT AND 16 ADMINISTRATION). 17 (B) PERSONS WITH DISABILITIES.--THE DEPARTMENT SHALL 18 ESTABLISH AND ADMINISTER A PROGRAM PROVIDING REDUCED FARES TO 19 PERSONS WITH DISABILITIES ON COMMUNITY TRANSPORTATION SERVICES 20 AND TO PROVIDE FINANCIAL ASSISTANCE FOR START-UP, ADMINISTRATIVE 21 AND CAPITAL EXPENSES RELATED TO REDUCED FARES FOR PERSONS WITH 22 DISABILITIES. ALL OF THE FOLLOWING SHALL APPLY: 23 (1) A COMMUNITY TRANSPORTATION SYSTEM OPERATING IN THE 24 COMMONWEALTH OTHER THAN IN COUNTIES OF THE FIRST AND SECOND 25 CLASS MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 26 SUBSECTION. 27 (2) THE DEPARTMENT MAY AWARD FINANCIAL ASSISTANCE UNDER 28 THIS SUBSECTION FOR PROGRAM START-UP AND FOR CONTINUING 29 CAPITAL EXPENSES TO OFFSET ADMINISTRATIVE AND CAPITAL 30 EXPENSES. FOR COMMUNITY TRANSPORTATION TRIPS MADE BY ELIGIBLE 20070H1590B2342 - 212 -
1 PERSONS WITH DISABILITIES, FINANCIAL ASSISTANCE MAY BE 2 AWARDED TO AN ELIGIBLE COMMUNITY TRANSPORTATION SYSTEM TO 3 REIMBURSE THE SYSTEM FOR UP TO 85% OF THE FARE ESTABLISHED 4 FOR THE GENERAL PUBLIC FOR EACH TRIP WHICH IS OUTSIDE OF A 5 FIXED-ROUTE AND PARATRANSIT SERVICE AREAS AND NOT ELIGIBLE 6 FOR FUNDING FROM ANY OTHER PROGRAM OR FUNDING SOURCE. THE 7 PERSON MAKING THE TRIP OR AN APPROVED THIRD-PARTY SPONSOR 8 SHALL CONTRIBUTE THE GREATER OF 15% OF THE FARE ESTABLISHED 9 FOR THE GENERAL PUBLIC OR THE AMERICANS WITH DISABILITIES ACT 10 COMPLEMENTARY PARATRANSIT FARE. 11 (C) INTERCITY TRANSPORTATION.--THE DEPARTMENT IS AUTHORIZED 12 TO PROVIDE FINANCIAL ASSISTANCE FOR AN EFFICIENT AND COORDINATED 13 INTERCITY COMMON CARRIER SURFACE TRANSPORTATION PROGRAM, 14 CONSISTING OF BOTH INTERCITY RAIL PASSENGER RAIL SERVICE AND <-- 15 INTERCITY BUS SERVICE TRANSPORTATION, WITH THE INTENT OF <-- 16 SUSTAINING STRONG INTERCITY CONNECTIONS. ALL OF THE FOLLOWING 17 SHALL APPLY: 18 (1) AN INTERCITY PASSENGER RAIL SERVICE PROVIDER, A 19 LOCAL TRANSPORTATION ORGANIZATION, AN AGENCY OR 20 INSTRUMENTALITY OF THE COMMONWEALTH OR A TRANSPORTATION 21 COMPANY THAT PROVIDES INTERCITY PUBLIC TRANSPORTATION SERVICE 22 MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. THE 23 DEPARTMENT IS AUTHORIZED TO ENTER INTO JOINT SERVICE 24 AGREEMENTS WITH A RAILROAD COMPANY, ANY OTHER AGENCY OR 25 INSTRUMENTALITY OF THE COMMONWEALTH, A FEDERAL AGENCY OR AN 26 AGENCY OR INSTRUMENTALITY OF ANY OTHER JURISDICTION RELATING 27 TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, 28 RATES, FARES, CLASSIFICATIONS, DIVIDENDS, ALLOWANCES OR 29 CHARGES, INCLUDING CHARGES BETWEEN INTERCITY RAIL PASSENGER 30 SERVICE FACILITIES, OR RULES OR REGULATIONS PERTAINING 20070H1590B2342 - 213 -
1 THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO 2 TRANSPORTATION IN WHOLE OR IN PART UPON INTERCITY RAIL 3 PASSENGER SERVICE FACILITIES. 4 (2) OPERATING ASSISTANCE AND CAPITAL ASSISTANCE MAY BE 5 PROVIDED FOR INTERCITY BUS AND RAIL SERVICES SERVICE AND <-- 6 INTERCITY PASSENGER RAIL SERVICE AS DETERMINED BY THE 7 DEPARTMENT. 8 (3) FOR FINANCIAL ASSISTANCE TO A TRANSPORTATION 9 COMPANY, ELIGIBLE MATCHING FUNDS SHALL CONSIST ONLY OF CASH 10 INCOME GENERATED BY THE TRANSPORTATION COMPANY FROM ITS 11 ACTIVITIES, OTHER THAN THE PROVISION OF SUBSIDIZED PUBLIC 12 PASSENGER TRANSPORTATION SERVICE, AND CONTRIBUTED BY THE 13 TRANSPORTATION COMPANY IN THE AMOUNT AND FOR THE TIME PERIOD 14 SPECIFIED IN THE FINANCIAL ASSISTANCE AGREEMENT. 15 (4) LOCAL MATCH REQUIREMENTS ARE AS FOLLOWS: 16 (I) FOR INTERCITY BUS SERVICE OPERATING AND CAPITAL <-- 17 ASSISTANCE, FINANCIAL ASSISTANCE SHALL REQUIRE A LOCAL 18 MATCH BY LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT EQUAL 19 TO AT LEAST 100% OF THE AMOUNT OF THE FINANCIAL 20 ASSISTANCE BEING PROVIDED. 21 (II) FOR INTERCITY RAIL PASSENGER RAIL SERVICE <-- 22 OPERATING AND CAPITAL ASSISTANCE, FINANCIAL ASSISTANCE 23 SHALL REQUIRE A LOCAL MATCH ON A CASE-BY-CASE BASIS, 24 TAKING INTO ACCOUNT THE BEST INTERESTS OF THE 25 COMMONWEALTH. 26 (5) FOR PURPOSES OF THIS SUBSECTION, "LOCAL MATCH" IS 27 DEFINED AS LOCAL REVENUE OBTAINED FROM OTHER NONSUBSIDIZED 28 SERVICES, SUCH AS CHARTER, SCHOOL BUS OR PROFITS REALIZED 29 FROM OTHER INTERCITY BUS SERVICES. LOCAL MATCH SHALL NOT 30 INCLUDE ANY FUNDS RECEIVED FROM FEDERAL OR STATE SOURCES. 20070H1590B2342 - 214 -
1 (D) COMMUNITY TRANSPORTATION.-- 2 (1) THE DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL 3 ASSISTANCE UNDER THIS SECTION FOR ALL OF THE FOLLOWING: 4 (I) CAPITAL EXPENDITURES FOR THE PROVISION OF 5 COMMUNITY TRANSPORTATION SERVICE; AND 6 (II) SERVICE STABILIZATION, INCLUDING: 7 (A) STABILIZING CURRENT SERVICE AND FARES. 8 (B) PROVIDING ADVICE OR TECHNICAL ASSISTANCE TO 9 ANALYZE AND ENHANCE COMMUNITY TRANSPORTATION SYSTEM 10 RESOURCES AND SERVICES. 11 (C) MAXIMIZING AVAILABLE FUNDING INCLUDING 12 FEDERAL DOLLARS. 13 (D) ENSURING EQUITABLE COST SHARING. 14 (2) SUBJECT TO THE LIMITATIONS OF THIS SUBSECTION, THE 15 FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 16 SUBSECTION: 17 (I) THE GOVERNING BODY OF A COUNTY, OTHER THAN A 18 COUNTY OF THE FIRST OR SECOND CLASS. 19 (II) A TRANSPORTATION COMPANY DESIGNATED BY THE 20 GOVERNING BODY OF THE COUNTY AS THE COORDINATOR OF 21 COMMUNITY TRANSPORTATION SERVICE. 22 (III) AN AGENCY OR INSTRUMENTALITY OF THE 23 COMMONWEALTH. <-- 24 (2.1) EACH ELIGIBLE APPLICANT SHALL BE SUBJECT TO ALL OF 25 THE FOLLOWING REQUIREMENTS: 26 (I) AN APPLICANT FOR FINANCIAL ASSISTANCE FOR 27 CAPITAL EXPENDITURES FOR THE PROVISION OF PUBLIC 28 COMMUNITY TRANSPORTATION SERVICE SHALL CERTIFY TO THE 29 DEPARTMENT THAT IT HAS TAKEN ALL REASONABLE STEPS TO 30 COORDINATE LOCAL SERVICE FOR THE ELDERLY AND PERSONS WITH 20070H1590B2342 - 215 -
1 DISABILITIES AND THAT THE SERVICES TO BE OFFERED WITH THE 2 CAPITAL ASSETS DO NOT DUPLICATE EXISTING FIXED-ROUTE 3 SERVICES. 4 (II) THE GOVERNING BODY OF A COUNTY OR THE 5 COORDINATOR DESCRIBED UNDER THIS PARAGRAPH SHALL NOT BE 6 ELIGIBLE FOR FINANCIAL ASSISTANCE FOR SERVICE 7 STABILIZATION IF ANY OF THE FOLLOWING APPLY: 8 (A) THE COORDINATOR RECEIVES FINANCIAL 9 ASSISTANCE UNDER THE OPERATING PROGRAM ESTABLISHED 10 UNDER THIS CHAPTER. 11 (B) THE COORDINATOR IS A PRIVATE FOR-PROFIT 12 PROVIDER. 13 (3) FINANCIAL ASSISTANCE FOR SERVICE STABILIZATION MAY 14 ONLY BE PROVIDED FOR THE FOLLOWING PURPOSES: 15 (I) SHORT-TERM, LONG-TERM AND STRATEGIC PLANNING. 16 (II) TECHNOLOGY INVESTMENT. 17 (III) TRAINING PROGRAMS DESIGNED TO ENHANCE 18 TRANSPORTATION MANAGEMENT AND STAFF EXPERTISE. 19 (IV) OFFSETTING OPERATING EXPENSES THAT CANNOT BE 20 COVERED BY FARE REVENUE DUE TO EMERGENCIES. 21 (V) MARKETING ACTIVITIES. 22 (VI) OTHER STABILIZATION PURPOSES APPROVED BY THE 23 DEPARTMENT. 24 (4) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 25 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 26 FEDERAL FUNDING TO SUPPORT CAPITAL PROJECTS FOR COMMUNITY 27 TRANSPORTATION SYSTEMS. 28 (5) THE DEPARTMENT SHALL CONDUCT A STUDY TO EVALUATE THE 29 EFFECTIVENESS AND EFFICIENCY OF COMMUNITY TRANSPORTATION 30 SERVICE DELIVERY AS IT RELATES TO HUMAN SERVICE PROGRAMS. THE 20070H1590B2342 - 216 -
1 DEPARTMENT OF PUBLIC WELFARE, THE OFFICE OF THE BUDGET AND 2 THE DEPARTMENT OF AGING AND OTHER APPROPRIATE COMMONWEALTH 3 AGENCIES IDENTIFIED BY THE DEPARTMENT SHALL PARTICIPATE IN 4 THE STUDY. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF 5 THIS SECTION, THESE AGENCIES SHALL MAKE RECOMMENDATIONS TO 6 THE GOVERNOR AND THE MAJORITY AND MINORITY CHAIRPERSONS OF 7 THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE MAJORITY 8 AND MINORITY CHAIRPERSONS OF THE TRANSPORTATION COMMITTEE OF 9 THE HOUSE OF REPRESENTATIVES FOR IMPROVING COORDINATION AND 10 EFFICIENCY OF HUMAN SERVICES AND COMMUNITY TRANSPORTATION. 11 (D.1) WELFARE-TO-WORK AND FEDERAL PROGRAMS MATCH.--THE 12 DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER 13 THIS SECTION TO DESIGN AND IMPLEMENT PROJECTS AND SERVICES AND 14 TO REIMBURSE AWARD RECIPIENTS FOR THE EXPENSES ASSOCIATED WITH 15 THE PROJECTS AND SERVICES THAT IDENTIFY AND ADDRESS PUBLIC 16 PASSENGER TRANSPORTATION AND RELATED BARRIERS PREVENTING 17 INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN THE FEDERAL WELFARE- 18 TO-WORK PROGRAM FROM SECURING AND MAINTAINING EMPLOYMENT AND 19 FROM ACCESSING COMMUNITY SERVICES AND FACILITIES. ALL OF THE 20 FOLLOWING SHALL APPLY: 21 (1) A LOCAL TRANSPORTATION ORGANIZATION, A 22 TRANSPORTATION COMPANY DESIGNATED BY A COUNTY AS THE 23 COORDINATOR OF COMMUNITY TRANSPORTATION SERVICES OR ANY OTHER 24 PERSON APPROVED BY THE DEPARTMENT MAY APPLY TO THE DEPARTMENT 25 FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 26 (2) FINANCIAL ASSISTANCE AWARDED UNDER THIS SUBSECTION 27 SHALL BE USED FOR ANY OF THE FOLLOWING PURPOSES: 28 (I) FIXED-ROUTE SERVICE SUBSIDY. 29 (II) CONTRACTED TRANSPORTATION SERVICES. 30 (III) FIXED-ROUTE FARE DISCOUNTS. 20070H1590B2342 - 217 -
1 (IV) COMMUNITY TRANSPORTATION FARE DISCOUNTS. 2 (V) TAXI FARE DISCOUNTS. 3 (VI) MILEAGE REIMBURSEMENT. 4 (VII) VEHICLE PURCHASE, INSURANCE, MAINTENANCE AND 5 REPAIR. 6 (VIII) DRIVER EDUCATION CLASSES. 7 (IX) ADMINISTRATIVE EXPENSES. 8 (X) CASE MANAGEMENT EXPENSES. 9 (XI) ANY OTHER ACTIVITIES CONSISTENT WITH THE 10 TRANSPORTATION RELATED ELEMENTS OF THE WELFARE-TO-WORK 11 PROGRAM. 12 (3) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 13 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 14 FEDERAL FUNDING TO SUPPORT PROJECTS WITH SIMILAR PURPOSES AND 15 ELIGIBLE USES, INCLUDING THE FEDERAL JOB ACCESS REVERSE 16 COMMUTE AND NEW FREEDOMS PROGRAMS. 17 (E) TECHNICAL ASSISTANCE AND DEMONSTRATION.--THE DEPARTMENT 18 IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION 19 FOR TECHNICAL ASSISTANCE, RESEARCH AND SHORT-TERM DEMONSTRATION 20 PROJECTS. ALL OF THE FOLLOWING SHALL APPLY: 21 (1) A LOCAL TRANSPORTATION ORGANIZATION OR AN AGENCY OR 22 INSTRUMENTALITY OF THE COMMONWEALTH MAY APPLY TO THE 23 DEPARTMENT FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 24 (2) FINANCIAL ASSISTANCE PROVIDED UNDER THIS SUBSECTION 25 MAY BE USED FOR REIMBURSEMENT FOR ANY APPROVED OPERATING OR 26 CAPITAL COSTS RELATED TO TECHNICAL ASSISTANCE AND 27 DEMONSTRATION PROGRAM PROJECTS. FINANCIAL ASSISTANCE FOR 28 SHORT-TERM DEMONSTRATION PROJECTS MAY BE PROVIDED AT THE 29 DEPARTMENT'S DISCRETION ON AN ANNUAL BASIS BASED ON THE LEVEL 30 OF FINANCIAL COMMITMENT PROVIDED BY THE AWARD RECIPIENT TO 20070H1590B2342 - 218 -
1 PROVIDE ONGOING FUTURE FUNDING FOR THE PROJECT AS SOON AS THE 2 PROJECT MEETS THE CRITERIA ESTABLISHED BY THE DEPARTMENT AND 3 THE AWARD RECIPIENT. FINANCIAL ASSISTANCE FOR THIS PURPOSE 4 SHALL NOT BE PROVIDED FOR MORE THAN THREE FISCAL YEARS. 5 FINANCIAL ASSISTANCE MAY BE PROVIDED TO MEET ANY SHORT-TERM 6 EMERGENCY NEED THAT REQUIRES IMMEDIATE ATTENTION AND CANNOT 7 BE FUNDED THROUGH OTHER SOURCES. 8 (3) FINANCIAL ASSISTANCE UNDER THIS SUBSECTION PROVIDED 9 TO A LOCAL TRANSPORTATION ORGANIZATION SHALL BE MATCHED BY 10 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN 11 3.33% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE BEING 12 PROVIDED. THE SOURCES OF FUNDS FOR THE LOCAL MATCH SHALL BE 13 SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) 1513(D)(3) <-- 14 (RELATING TO OPERATING PROGRAM). 15 § 1517. CAPITAL IMPROVEMENTS PROGRAM. 16 (A) ELIGIBILITY.--A LOCAL TRANSPORTATION ORGANIZATION MAY 17 APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SECTION. 18 (B) APPLICATIONS.--THE DEPARTMENT SHALL ESTABLISH THE 19 CONTENTS OF THE APPLICATION FOR THE PROGRAM ESTABLISHED UNDER 20 THIS SECTION. THE INFORMATION SHALL BE IN ADDITION TO 21 INFORMATION REQUIRED UNDER SECTION 1507 (RELATING TO APPLICATION 22 AND APPROVAL PROCESS). 23 (C) DISTRIBUTION FORMULA.--THE DEPARTMENT SHALL AWARD 24 FINANCIAL ASSISTANCE UNDER THIS PROGRAM SECTION BASED ON THE <-- 25 NUMBER OF PASSENGERS. THE ACTUAL AMOUNT AWARDED TO A LOCAL 26 TRANSPORTATION ORGANIZATION UNDER THIS SUBSECTION SHALL BE 27 CALCULATED AS FOLLOWS: 28 (1) MULTIPLY THE LOCAL TRANSPORTATION ORGANIZATION'S 29 PASSENGERS BY THE TOTAL AMOUNT OF FUNDING AVAILABLE UNDER 30 THIS SECTION. 20070H1590B2342 - 219 -
1 (2) DIVIDE THE PRODUCT UNDER PARAGRAPH (1) BY THE SUM OF 2 THE PASSENGERS FOR ALL QUALIFYING LOCAL TRANSPORTATION 3 ORGANIZATIONS. 4 (D) PAYMENTS.--FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 5 BE PAID TO LOCAL TRANSPORTATION ORGANIZATIONS AT LEAST 6 QUARTERLY. 7 (E) REDUCTION IN FINANCIAL ASSISTANCE.--LOCAL TRANSPORTATION <-- 8 ORGANIZATIONS RECEIVING FINANCIAL ASSISTANCE UNDER THIS SECTION 9 SHALL HAVE THEIR FINANCIAL ASSISTANCE FROM THIS PROGRAM REDUCED 10 BY AN AMOUNT EQUAL TO 11 (E) REDUCTION IN FINANCIAL ASSISTANCE.--FINANCIAL ASSISTANCE <-- 12 PROVIDED TO A LOCAL TRANSPORTATION ORGANIZATION UNDER THIS 13 SECTION SHALL BE REDUCED BY ANY FINANCIAL ASSISTANCE RECEIVED 14 PREVIOUSLY UNDER THIS PROGRAM SECTION WHICH HAS NOT BEEN SPENT <-- 15 OR COMMITTED IN A CONTRACT WITHIN THREE YEARS OF ITS RECEIPT. 16 § 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 17 THE DEPARTMENT IS AUTHORIZED TO USE AVAILABLE MONEY IN THE 18 FUND TO COVER THE COSTS INCURRED BY THE DEPARTMENT IN 19 ADMINISTERING ALL OF ITS PUBLIC PASSENGER TRANSPORTATION FUNDING 20 PROGRAMS, INCLUDING THOSE ESTABLISHED UNDER THIS CHAPTER, AND 21 INCURRED IN THE CARRYING OUT OF ITS RESPONSIBILITIES WITH 22 RESPECT TO THE PROGRAMS. 23 § 1519. RETROACTIVE AUTHORITY. 24 (A) DATE OF PROJECT.--FINANCIAL ASSISTANCE MAY BE AWARDED 25 UNDER THIS CHAPTER BY THE DEPARTMENT WITH REFERENCE TO AN 26 APPROPRIATE PROJECT IRRESPECTIVE OF WHEN IT WAS FIRST COMMENCED 27 OR CONSIDERED AND REGARDLESS OF WHETHER COSTS WITH RESPECT TO 28 THE PROJECT WERE INCURRED PRIOR TO THE TIME THE FINANCIAL 29 ASSISTANCE IS APPLIED FOR OR PROVIDED. 30 (B) CAPITAL PROJECTS.-- 20070H1590B2342 - 220 -
1 (1) FOR CAPITAL PROJECTS, THE APPLICANT MUST OBTAIN 2 WRITTEN APPROVAL FROM THE DEPARTMENT PRIOR TO INCURRING ANY 3 EXPENSES FOR WHICH THE APPLICANT MAY LATER SEEK 4 REIMBURSEMENT. 5 (2) NOTWITHSTANDING PARAGRAPH (1), APPROVAL BY THE 6 DEPARTMENT SHALL NOT CONSTITUTE AN APPROVAL OF THE 7 APPLICANT'S UNDERLYING REQUEST FOR FINANCIAL ASSISTANCE. 8 (3) BY PROVIDING PREAPPROVAL UNDER THIS SUBSECTION, THE 9 DEPARTMENT MAY RECOGNIZE ANY LOCAL FUNDS ALREADY EXPENDED AS 10 SATISFYING THE LOCAL MATCH REQUIREMENT IF AND WHEN THE 11 APPLICANT'S APPLICATION IS APPROVED. 12 § 1520. EVALUATION OF PRIVATE INVESTMENT OPPORTUNITIES. <-- 13 (A) STUDY.--A LOCAL TRANSPORTATION ORGANIZATION RECEIVING 14 FUNDING IN AN AMOUNT GREATER THAN $5,000,000 ANNUALLY UNDER THIS 15 CHAPTER SHALL UNDERTAKE A STUDY TO EVALUATE THE FEASIBILITY OF 16 UTILIZING PARTNERSHIPS WITH PRIVATE SERVICE PROVIDERS AND 17 FINANCIAL PARTNERS AS A METHOD TO OPERATE AND FINANCE NEW OR 18 EXISTING SERVICES. WITHIN ONE YEAR FOLLOWING THE EFFECTIVE DATE 19 OF THIS SECTION, EACH LOCAL TRANSPORTATION ORGANIZATION REQUIRED 20 TO EVALUATE PRIVATE PARTICIPATION UNDER THIS SECTION SHALL 21 SUBMIT A REPORT TO THE SECRETARY AND THE MAJORITY CHAIRPERSON 22 AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE 23 SENATE AND THE MAJORITY CHAIRPERSON AND MINORITY CHAIRPERSON OF 24 THE TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 25 (B) REPORT.--THE REPORT SHALL, AT A MINIMUM, INCLUDE THE 26 RESULTS OF THE EVALUATION, A DETERMINATION OF THE VIABILITY OF 27 GREATER PRIVATE PARTNERING AND ANY RECOMMENDATIONS ABOUT HOW TO 28 ACHIEVE GREATER PARTICIPATION FROM THE PRIVATE SECTOR. 29 (C) PRECLUSION.--NOTHING IN THIS SECTION SHALL PRECLUDE A 30 LOCAL TRANSPORTATION ORGANIZATION RECEIVING LESS THAN $5,000,000 20070H1590B2342 - 221 -
1 ANNUALLY UNDER THIS CHAPTER FROM MAKING AN EVALUATION OF GREATER 2 PRIVATE INVOLVEMENT IN THEIR OPERATIONS. 3 SECTION 4. TITLE 74 IS AMENDED BY ADDING CHAPTERS TO READ: <-- 4 CHAPTER 81 5 TURNPIKE 6 SEC. 7 8101. SCOPE OF CHAPTER. 8 8102. DEFINITIONS. 9 8103. (RESERVED). 10 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 11 OBLIGATIONS. 12 8105. COMMISSION. 13 8106. EXERCISE OF COMMISSION POWERS. 14 8107. COMMISSION POWERS AND DUTIES. 15 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 16 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 17 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 18 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 19 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 20 OBLIGATIONS. 21 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 22 8114. TRUST INDENTURE AUTHORIZED. 23 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 24 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 25 8117. ELECTRONIC TOLL COLLECTION. 26 8118. REFUNDING BONDS. 27 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 28 8120. AUTHORITY GRANTED TO SECRETARY. 29 8121. (RESERVED). 30 8122. (RESERVED). 20070H1590B2342 - 222 -
1 8123. CONSTRUCTION OF CHAPTER. 2 § 8101. SCOPE OF CHAPTER. 3 THIS CHAPTER RELATES TO TURNPIKE ORGANIZATION, EXTENSION AND 4 TOLL ROAD CONVERSION. 5 § 8102. DEFINITIONS. 6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 8 CONTEXT CLEARLY INDICATES OTHERWISE: 9 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 10 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL 11 OF THE FOLLOWING: 12 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 13 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM 14 AND CONNECTING ROADS, TUNNELS AND BRIDGES. 15 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR 16 PORTIONS OF THE SYSTEMS, THE PLACING OF THE SYSTEMS IN <-- 17 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR 18 CONSTRUCTION AND OPERATION OF THE SYSTEMS. 19 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 20 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT 21 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 22 EXTENDING UNDER PARAGRAPH (1) OR (2). 23 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST 24 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER 25 COMPLETION OF CONSTRUCTION. 26 (5) ANY OF THE FOLLOWING: 27 (I) TRAFFIC ESTIMATES AND OF, ENGINEERING AND LEGAL <-- 28 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF 29 COST AND OF REVENUES. 30 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO 20070H1590B2342 - 223 -
1 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 2 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND 3 LEGAL EXPENSES. 4 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT 5 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE 6 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 7 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE 8 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES. 9 (IV) THE COSTS OF SYSTEMS OF PUBLIC PASSENGER <-- 10 TRANSPORTATION OR PORTIONS OF THE SYSTEMS AND THE PLACING 11 OF THE SYSTEMS IN OPERATION AND THE CONDEMNATION OF 12 PROPERTY NECESSARY FOR CONSTRUCTION AND OPERATION OF THE <-- 13 TURNPIKES. 14 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 15 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE 16 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND 17 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 18 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES 19 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 20 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND 21 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 22 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC 23 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS. 24 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 25 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 26 COST OF THE DEPARTMENT. 27 "COST OF THE TURNPIKES." THE TERM INCLUDES THE COST OF: 28 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 29 EXTENDING TURNPIKES, CONNECTING ROADS, STORM WATER MANAGEMENT 30 SYSTEMS, BUILDINGS, INTERCHANGES, SLIP RAMPS, TUNNELS AND <-- 20070H1590B2342 - 224 -
1 BRIDGES. 2 (2) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 3 FRANCHISES ACQUIRED BY PURCHASE OR OTHER MEANS DEEMED 4 NECESSARY OR CONVENIENT FOR CONSTRUCTION. 5 (3) MACHINERY AND EQUIPMENT, FINANCING CHARGES AND 6 INTEREST. 7 (4) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL EXPENSES, 8 PLANS, SPECIFICATIONS, SURVEYS, COST AND REVENUE ESTIMATES, 9 OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE 10 FEASIBILITY OR PRACTICABILITY OF THE ENTERPRISE, 11 ADMINISTRATIVE AND LEGAL EXPENSE AND OTHER EXPENSES AS MAY BE 12 NECESSARY OR INCIDENT TO THE FINANCING AUTHORIZED IN THIS 13 CHAPTER. 14 (5) CONDEMNATION OR OTHER MEANS OF ACQUISITION OF 15 PROPERTY NECESSARY FOR THE CONSTRUCTION AND OPERATION OF THE 16 TURNPIKES. 17 (6) AN OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 18 COMMISSION WITH THE DEPARTMENT OR WITH THE UNITED STATES OR A 19 FEDERAL AGENCY FOR ANY OF THE FOLLOWING: 20 (I) TRAFFIC SURVEYS, PREPARATION OF PLANS AND 21 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 22 ENGINEERING AND ADMINISTRATIVE AND LEGAL SERVICES AND 23 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, 24 RECONSTRUCTION, WIDENING, EXPANSION OR EXTENSION OF THE 25 TURNPIKE OR ANY OF THE CONNECTING ROADS, STORM WATER 26 MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND 27 BRIDGES. 28 (II) COSTS OF REIMBURSING THE FEDERAL GOVERNMENT 29 PURSUANT TO THE MANDATES OF THE FEDERAL LAW FOR FEDERAL 30 FUNDS EXPENDED FOR INTERSTATE OR OTHER HIGHWAYS WHICH ARE 20070H1590B2342 - 225 -
1 TO BE MADE PART OF THE TURNPIKE SYSTEM PURSUANT TO THIS 2 CHAPTER. 3 (7) ANY PORTION OF THE SCHEDULED ANNUAL COMMISSION <-- 4 CONTRIBUTION REQUIRED TO BE PAID BY THE COMMISSION UNDER 75 5 PA.C.S. CH. 89 (RELATING TO PENNSYLVANIA TURNPIKE). 6 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 7 COMMONWEALTH. 8 "ELECTRONIC TOLL COLLECTION." A SYSTEM OF COLLECTING TOLLS 9 OR CHARGES THAT IS CAPABLE OF CHARGING AN ACCOUNT HOLDER FOR THE 10 PRESCRIBED TOLL BY ELECTRONIC TRANSMISSION OF INFORMATION 11 BETWEEN A DEVICE ON A VEHICLE AND A DEVICE IN A TOLL LANE AT A 12 TOLL COLLECTION FACILITY. 13 "LESSEE." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 14 ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR 15 THE USE OF A VEHICLE AND HAS EXCLUSIVE USE OF THE VEHICLE FOR 16 ANY PERIOD OF TIME. 17 "LESSOR." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 18 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING 19 OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, 20 LEASE OR OTHER AGREEMENT UNDER WHICH THE LESSEE HAS THE 21 EXCLUSIVE USE OF THE VEHICLE FOR ANY PERIOD OF TIME. 22 "OPERATOR." AN INDIVIDUAL THAT USES OR OPERATES A VEHICLE 23 WITH OR WITHOUT PERMISSION OF THE OWNER. 24 "OWNER." EXCEPT AS PROVIDED UNDER SECTION 8116.1(E) 8117(E) <-- 25 (RELATING TO ELECTRONIC TOLL COLLECTION), AN INDIVIDUAL, 26 COPARTNERSHIP, ASSOCIATION OR CORPORATION HAVING TITLE OR 27 INTEREST IN A PROPERTY RIGHT, EASEMENT OR FRANCHISE AUTHORIZED 28 TO BE ACQUIRED UNDER THIS CHAPTER. 29 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN 30 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT UP PLACE THAT 20070H1590B2342 - 226 -
1 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF 2 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY 3 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF 4 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR 5 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT 6 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES. 7 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 8 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 9 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 10 THE TOWNSHIP STATE HIGHWAY LAW, AND ALL OTHER ROADS AND HIGHWAYS 11 SPECIFICALLY DESIGNATED BY THE SECRETARY OF THE COMMONWEALTH AS 12 RURAL STATE HIGHWAYS. 13 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 14 COMMONWEALTH. 15 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 16 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 17 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 18 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 19 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 20 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE STREET MAY HAVE 21 BEEN TAKEN OVER AS A STATE HIGHWAY. 22 "SYSTEM OF PUBLIC PASSENGER TRANSPORTATION." A SYSTEM OF 23 PUBLIC PASSENGER TRANSPORTATION, INCLUDING RAIL TRANSPORTATION 24 FACILITIES USED FOR PUBLIC PASSENGER TRANSPORTATION, WHICH MAY 25 INCLUDE THE ANY OF FOLLOWING: 26 (1) RAILWAY, STREET RAILWAY, SUBWAY, ELEVATED AND 27 MONORAIL PASSENGER OR PASSENGER AND RAIL ROLLING STOCK, 28 INCLUDING SELF-PROPELLED AND GALLERY CARS, LOCOMOTIVES, 29 PASSENGER BUSES AND WIRES, POLES AND EQUIPMENT FOR THE 30 ELECTRIFICATION OF ANY OF THE RAILS, TRACKS AND ROADBEDS, 20070H1590B2342 - 227 -
1 GUIDEWAYS, ELEVATED STRUCTURES, BUILDINGS, STATIONS, 2 TERMINALS, DOCKS, SHELTERS AND PARKING AREAS FOR USE IN 3 CONNECTION WITH THE RAIL TRANSPORTATION SYSTEMS, 4 INTERCONNECTING LINES AND TUNNELS TO PROVIDE PASSENGER OR 5 PASSENGER AND RAIL SERVICE CONNECTIONS BETWEEN TRANSPORTATION 6 SYSTEMS, TRANSPORTATION ROUTES, CORRIDORS AND RIGHTS-OF-WAY 7 THEREFOR, BUT NOT FOR PUBLIC HIGHWAYS. 8 (2) SIGNAL AND COMMUNICATION SYSTEMS NECESSARY OR 9 DESIRABLE FOR THE CONSTRUCTION, OPERATION OR IMPROVEMENT OF A 10 PUBLIC PASSENGER TRANSPORTATION SYSTEM. 11 (3) ANY IMPROVEMENT OR OVERHAUL OF ANY VEHICLE EQUIPMENT 12 OR FURNISHINGS OF ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS 13 (1) AND (2) OR ANY PART OR FRACTIONAL AND UNDIVIDED CO- 14 OWNERSHIP OR LEASEHOLD INTEREST IN ANY ONE OR COMBINATION OF 15 ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS (1) AND (2) THAT 16 MAY BE DESIGNATED AS A SYSTEM OF PUBLIC PASSENGER 17 TRANSPORTATION BY THE SECRETARY OF TRANSPORTATION. 18 "TOLL ROAD CONVERSION." THE INCLUSION WITHIN THE TURNPIKE 19 SYSTEM AND THE IMPOSITION OF TOLLS ON THE SYSTEM OF A HIGHWAY 20 THAT IS PRESENTLY TOLL FREE. 21 "TURNPIKES." ANY OF THE FOLLOWING: 22 (1) THE TURNPIKE, TURNPIKE EXTENSIONS AND TURNPIKE 23 IMPROVEMENTS. 24 (2) TOLL-FREE ROADS CONVERTED OR TO BE CONVERTED TO TOLL 25 ROADS UNDER THIS CHAPTER. 26 (3) RELATED STORM WATER MANAGEMENT SYSTEMS, 27 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES, PROPERTY 28 RIGHTS, EASEMENTS AND FRANCHISES DEEMED NECESSARY OR 29 CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, 30 EXPANSION, EXTENSION OR THE OPERATION OF THE TURNPIKE, 20070H1590B2342 - 228 -
1 TURNPIKE EXTENSION, TURNPIKE IMPROVEMENT AND TOLL-FREE ROADS. 2 "VEHICLE." THE TERM AS IT IS DEFINED UNDER 75 PA.C.S. § 102 3 (RELATING TO DEFINITIONS). 4 "VIOLATION ENFORCEMENT SYSTEM." A VEHICLE SENSOR, PLACED IN 5 A LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION 6 FACILITY, WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR 7 PHOTOGRAPH, MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF THE REAR 8 PORTION OF EACH VEHICLE AT THE TIME THE VEHICLE IS USED OR 9 OPERATED IN VIOLATION OF THE TOLL COLLECTION REGULATIONS. THE 10 TERM INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY 11 PHOTOGRAPHIC, ELECTRONIC OR OTHER METHOD. 12 § 8103. (RESERVED). 13 § 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 14 OBLIGATIONS. 15 (A) GENERAL RULE.--THE TURNPIKE REVENUE BONDS, NOTES OR 16 OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF THIS CHAPTER 17 SHALL NOT BE DEEMED TO BE A DEBT OF THE COMMONWEALTH OR A PLEDGE 18 OF THE FAITH AND CREDIT OF THE COMMONWEALTH, BUT BONDS, NOTES OR 19 OTHER OBLIGATIONS SHALL BE PAYABLE SOLELY FROM THE REVENUES OF 20 THE COMMISSION, INCLUDING TOLLS, OR FROM FUNDS AS MAY BE 21 AVAILABLE TO THE COMMISSION FOR THAT PURPOSE. 22 (B) STATEMENT REQUIRED.--ALL BONDS, NOTES OR OTHER 23 OBLIGATIONS SHALL CONTAIN A STATEMENT ON THEIR FACE THAT THE 24 COMMONWEALTH IS NOT OBLIGATED TO PAY THE SAME OR THE INTEREST 25 THEREON EXCEPT FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS, 26 OR FROM FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT 27 PURPOSE AND THAT THE FAITH AND CREDIT OF THE COMMONWEALTH IS NOT 28 PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR INTEREST OF THE 29 BONDS, NOTES OR OTHER OBLIGATIONS. 30 (C) PLEDGE OF COMMONWEALTH PROHIBITED.--THE ISSUANCE OF 20070H1590B2342 - 229 -
1 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 2 PROVISIONS OF THIS CHAPTER SHALL NOT DIRECTLY OR INDIRECTLY OR 3 CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY OR TO PLEDGE ANY 4 FORM OF TAXATION OR TO MAKE ANY APPROPRIATION FOR THEIR PAYMENT. 5 § 8105. COMMISSION. 6 (A) (RESERVED). 7 (B) VACANCIES AND TERMS.-- 8 (1) NOTWITHSTANDING ANY OTHER LAW, ANY VACANCY IN THE 9 MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY APPOINTMENT 10 OF THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF TWO- 11 THIRDS OF THE MEMBERS ELECTED TO THE SENATE. 12 (2) THE APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR 13 YEARS. UPON 14 THE EXPIRATION OF THIS TERM, THE APPOINTED MEMBER MAY 15 CONTINUE TO HOLD OFFICE FOR 90 DAYS OR UNTIL HIS SUCCESSOR SHALL <-- 16 BE DULY APPOINTED AND QUALIFIED. , WHICHEVER PERIOD IS SHORTER, <-- 17 BUT SHALL NOT CONTINUE TO HOLD OFFICE THEREAFTER UNLESS 18 REAPPOINTED IN ACCORDANCE WITH LAW. 19 (C) (RESERVED). 20 (D) SECRETARY.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT 21 APPLY TO THE APPOINTMENT OF THE SECRETARY WHO SHALL CONTINUE TO 22 BE APPOINTED AND TO SERVE AS A MEMBER OF THE COMMISSION EX 23 OFFICIO IN ACCORDANCE WITH LAW. 24 (E) CHAIRMAN.--A MAJORITY OF THE MEMBERS OF THE COMMISSION 25 SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS CHAIRMAN. 26 UPON THE APPOINTMENT AND QUALIFICATION OF ANY NEW MEMBER TO 27 SERVE ON THE COMMISSION, THE OFFICE OF CHAIRMAN, AND THE 28 POSITIONS OF ALL OTHER OFFICERS CREATED BY LAW, SHALL BE DEEMED 29 VACANT, AND A NEW CHAIRMAN AND OTHER OFFICERS SHALL BE ELECTED 30 BY A MAJORITY OF THE MEMBERS OF THE COMMISSION. 20070H1590B2342 - 230 -
1 (F) ACTIONS BY THE COMMISSION.--NOTWITHSTANDING ANY OTHER 2 LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE CONTRARY, ANY 3 AND ALL ACTIONS BY OR ON BEHALF OF THE COMMISSION SHALL BE TAKEN 4 SOLELY UPON THE APPROVAL OF A MAJORITY OF THE MEMBERS TO THE 5 COMMISSION. THE TERM "ACTIONS BY OR ON BEHALF OF THE COMMISSION" <-- 6 COMMISSION," AS USED IN THIS SUBSECTION, MEANS ANY ACTION <-- 7 WHATSOEVER OF THE COMMISSION, INCLUDING, BUT NOT LIMITED TO, THE 8 HIRING, APPOINTMENT, REMOVAL, TRANSFER, PROMOTION OR DEMOTION OF 9 ANY OFFICERS AND EMPLOYEES; THE RETENTION, USE OR REMUNERATION 10 OF ANY ADVISORS, COUNSEL, AUDITORS, ARCHITECTS, ENGINEERS OR 11 CONSULTANTS; THE INITIATION OF ANY LEGAL ACTION; THE MAKING OF 12 ANY CONTRACTS, LEASES, AGREEMENTS, BONDS, NOTES OR COVENANTS; 13 THE APPROVAL OF REQUISITIONS, PURCHASE ORDERS, INVESTMENTS AND 14 REINVESTMENTS; AND THE ADOPTION, AMENDMENT, REVISION OR 15 RESCISSION OF ANY RULES AND REGULATIONS, ORDERS OR OTHER 16 DIRECTIVES. THE CHAIRMAN, VICE CHAIRMAN OR ANY OTHER OFFICER OR 17 EMPLOYEE OF THE COMMISSION MAY TAKE NO ACTION BY OR ON BEHALF OF 18 THE COMMISSION EXCEPT AS EXPRESSLY AUTHORIZED BY A MAJORITY OF 19 THE MEMBERS OF THE COMMISSION. 20 (G) COMPENSATION.--THE ANNUAL SALARY OF THE CHAIRMAN OF THE 21 PENNSYLVANIA TURNPIKE COMMISSION SHALL BE $28,500, AND THE 22 ANNUAL SALARY OF THE REMAINING MEMBERS OF THE PENNSYLVANIA 23 TURNPIKE COMMISSION SHALL BE $26,000. THESE SALARIES SHALL BE 24 PAID IN EQUAL INSTALLMENTS EVERY OTHER WEEK. 25 § 8106. EXERCISE OF COMMISSION POWERS. 26 THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY 27 THIS CHAPTER IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF 28 THE TURNPIKES AND IN EFFECTING TOLL ROAD CONVERSIONS SHALL BE 29 DEEMED AND HELD TO BE AN ESSENTIAL GOVERNMENTAL FUNCTION OF THE 30 COMMONWEALTH. 20070H1590B2342 - 231 -
1 § 8107. COMMISSION POWERS AND DUTIES. 2 (A) POWERS AND DUTIES OF COMMISSION.--THE COMMISSION MAY: 3 (1) MAINTAIN A PRINCIPAL OFFICE AT A PLACE DESIGNATED BY 4 THE COMMISSION. 5 (2) CONTRACT AND BE CONTRACTED WITH IN ITS OWN NAME. 6 (3) SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE 7 IMPLEADED. ANY CIVIL ACTION AGAINST THE COMMISSION SHALL BE 8 BROUGHT ONLY IN THE COURTS IN WHICH ACTIONS MAY BE BROUGHT 9 AGAINST THE COMMONWEALTH. 10 (4) HAVE AN OFFICIAL SEAL. 11 (5) MAKE NECESSARY RULES AND REGULATIONS FOR ITS OWN 12 GOVERNANCE AND IN CONTROL OF TRAFFIC. 13 (6) ACQUIRE, HOLD, ACCEPT, OWN, USE, HIRE, LEASE, 14 EXCHANGE, OPERATE AND DISPOSE OF PERSONAL PROPERTY, REAL 15 PROPERTY AND INTERESTS IN REAL PROPERTY AND MAKE AND ENTER 16 INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR INCIDENTAL TO 17 THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS 18 UNDER THIS CHAPTER AND EMPLOY ENGINEERING, TRAFFIC, 19 ARCHITECTURAL AND CONSTRUCTION EXPERTS AND INSPECTORS, 20 ATTORNEYS AND OTHER EMPLOYEES AS MAY IN ITS JUDGMENT BE 21 NECESSARY AND FIX THEIR COMPENSATION. 22 (7) PROVIDE GRADE SEPARATIONS AT ITS OWN EXPENSE WITH 23 RESPECT TO ALL PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE 24 HIGHWAYS INTERSECTED BY THE TURNPIKES AND TO CHANGE AND 25 ADJUST THE LINES AND GRADES THEREOF SO AS TO ACCOMMODATE THE 26 SAME TO THE DESIGN FOR GRADE SEPARATION. 27 (I) THE DAMAGES INCURRED IN CHANGING AND ADJUSTING 28 THE LINES AND GRADES OF PUBLIC ROADS, STATE HIGHWAYS AND 29 INTERSTATE HIGHWAYS SHALL BE ASCERTAINED AND PAID BY THE 30 COMMISSION IN ACCORDANCE WITH 26 PA.C.S. (RELATING TO 20070H1590B2342 - 232 -
1 EMINENT DOMAIN). 2 (II) IF THE COMMISSION SHALL FIND IT NECESSARY TO 3 PROVIDE A GRADE SEPARATION OR CHANGE THE SITE OF ANY 4 PORTION OF ANY INTERSTATE HIGHWAY, STATE HIGHWAY OR 5 PUBLIC ROAD, OR VACATE THE SAME, THE COMMISSION SHALL 6 CAUSE IT TO BE RECONSTRUCTED AND RESTORED AT THE 7 COMMISSION'S EXPENSE ON THE MOST FAVORABLE LOCATION AND 8 IN AS SATISFACTORY A MANNER AS THE ORIGINAL ROAD OR 9 VACATE IT AS THE CASE MAY BE. 10 (III) THE METHOD OF ACQUIRING THE RIGHT-OF-WAY AND 11 DETERMINING DAMAGES INCURRED IN CHANGING THE LOCATION OF 12 OR VACATING THE ROAD, STATE HIGHWAY OR INTERSTATE HIGHWAY 13 SHALL BE ASCERTAINED AND PAID FOR IN ACCORDANCE WITH 26 14 PA.C.S. 15 (8) PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN 16 WHICH ANY PUBLIC ROAD OR PART THEREOF IS LOCATED AND AFFECTED 17 BY THE LOCATION OF THE TURNPIKES, FOR THE VACATION, 18 RELOCATION OR SUPPLY OF THE SAME OR ANY PART THEREOF WITH THE 19 SAME FORCE AND EFFECT AS IS NOW GIVEN BY EXISTING LAWS TO THE 20 INHABITANTS OF ANY TOWNSHIP OR THE COUNTY, AND THE 21 PROCEEDINGS UPON PETITION, WHETHER FOR THE APPOINTMENT OF 22 VIEWERS OR OTHERWISE, SHALL BE THE SAME AS PROVIDED BY 23 EXISTING LAW FOR SIMILAR PROCEEDINGS UPON THE PETITIONS. 24 (9) NEGOTIATE AND ENTER INTO INTEREST RATE SWAPS AND 25 OTHER INTEREST RATE HEDGES TO ASSIST THE COMMISSION IN 26 MANAGING INTEREST COST AND RATE RISK IN CONNECTION WITH ITS 27 DEBT. 28 (10) PROVIDE FOR COSTS OF THE DEPARTMENT. 29 (11) HAVE ALL OF THE POWERS AND PERFORM ALL THE DUTIES 30 PRESCRIBED BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211), 20070H1590B2342 - 233 -
1 REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION ACT. 2 (B) MAINTENANCE TO BE PAID OUT OF TOLLS.-- 3 (1) THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AND TOLL- 4 FREE ROADS CONVERTED TO TOLL ROADS WHEN COMPLETED AND OPEN TO 5 TRAFFIC SHALL BE MAINTAINED AND REPAIRED BY AND UNDER THE 6 CONTROL OF THE COMMISSION. 7 (2) ALL CHARGES AND COSTS FOR THE MAINTENANCE AND 8 REPAIRS ACTUALLY EXPENDED BY THE COMMISSION SHALL BE PAID OUT 9 OF TOLLS. 10 (3) THE TURNPIKE, THE TURNPIKE EXTENSIONS AND 11 IMPROVEMENTS AND THE TOLL-FREE ROADS CONVERTED TO TOLL ROADS 12 SHALL ALSO BE POLICED AND OPERATED BY A FORCE OF POLICE, TOLL 13 TAKERS AND OTHER OPERATING EMPLOYEES AS THE COMMISSION MAY IN 14 ITS DISCRETION EMPLOY. 15 § 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 16 (A) PAYMENT OF EXPENSES.--ALL COMPENSATION AND SALARIES AND 17 ALL EXPENSES INCURRED IN CARRYING OUT THE PROVISIONS OF THIS 18 CHAPTER SHALL BE PAID SOLELY FROM FUNDS PROVIDED UNDER THE 19 AUTHORITY OF THIS CHAPTER, AND NO LIABILITY OR OBLIGATION SHALL 20 BE INCURRED UNDER THIS CHAPTER BEYOND THE EXTENT TO WHICH MONEY 21 SHALL HAVE BEEN PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER. 22 (B) NO ADDITIONAL BOND REQUIRED.--THE ISSUANCE OF ANY 23 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 24 PROVISIONS OF THIS CHAPTER SHALL NOT CAUSE ANY MEMBER OF THE 25 COMMISSION TO BE REQUIRED TO EXECUTE A BOND THAT A MEMBER OF THE 26 COMMISSION IS NOT OTHERWISE REQUIRED TO EXECUTE. 27 § 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 28 (A) CONDEMNATION.--THE COMMISSION MAY CONDEMN, PURSUANT TO 29 26 PA.C.S. (RELATING TO EMINENT DOMAIN), ANY LANDS, INTERESTS IN 30 LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND 20070H1590B2342 - 234 -
1 OTHER PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE 2 CONSTRUCTION AND EFFICIENT OPERATION OF THE TURNPIKES AND THE 3 TOLL ROAD CONVERSIONS OR NECESSARY IN THE RESTORATION OR 4 RELOCATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR DESTROYED. 5 (B) PURCHASE.-- 6 (1) THE COMMISSION MAY ACQUIRE BY PURCHASE, WHENEVER IT 7 SHALL DEEM THE PURCHASE EXPEDIENT, OR OTHERWISE ACCEPT IF 8 DEDICATED TO IT, ANY LANDS, INTERESTS IN LANDS, PROPERTY 9 RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND OTHER 10 PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE CONSTRUCTION 11 AND EFFICIENT OPERATION OF THE TURNPIKES AND TOLL ROAD 12 CONVERSIONS OR NECESSARY IN THE RESTORATION OF PUBLIC OR 13 PRIVATE PROPERTY DAMAGED OR DESTROYED, WHETHER THE PROPERTY 14 HAS BEEN PREVIOUSLY CONDEMNED OR OTHERWISE, UPON TERMS AND AT 15 A PRICE AS MAY BE CONSIDERED BY THE COMMISSION TO BE 16 REASONABLE AND CAN BE AGREED UPON BETWEEN THE COMMISSION AND 17 THE OWNER THEREOF AND TO TAKE TITLE THERETO IN THE NAME OF 18 THE COMMISSION. 19 (2) THE NET PROCEEDS OF THE PURCHASE PRICE PAYABLE TO A 20 MUNICIPALITY OR THE DEPARTMENT FOR ANY REAL PROPERTY OR 21 INTEREST THEREIN OBTAINED BY THE COMMISSION PURSUANT TO THIS 22 CHAPTER, LESS THE COST OF RETIRING ANY BONDED INDEBTEDNESS ON 23 THE PROPERTY OR INTEREST, SHALL BE USED EXCLUSIVELY, IN THE 24 CASE OF A MUNICIPALITY, FOR ROAD-RELATED AND BRIDGE-RELATED 25 EXPENSES AND, IN THE CASE OF THE DEPARTMENT, FOR HIGHWAY AND 26 BRIDGE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE IN THE 27 SAME ENGINEERING AND MAINTENANCE DISTRICT IN WHICH THE 28 PROPERTY IS LOCATED. 29 § 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 30 (A) TITLE.--TITLE TO ANY PROPERTY CONDEMNED BY THE 20070H1590B2342 - 235 -
1 COMMISSION SHALL BE TAKEN IN THE NAME OF THE COMMISSION. 2 (B) ENTRY.-- 3 (1) IN ADDITION TO ANY OTHERS POWERS SET FORTH IN THIS 4 CHAPTER, THE COMMISSION AND ITS AUTHORIZED AGENTS AND 5 EMPLOYEES MAY ENTER UPON ANY LANDS, WATERS AND PREMISES IN 6 THIS COMMONWEALTH FOR THE PURPOSE OF MAKING SURVEYS, 7 SOUNDINGS, DRILLINGS AND EXAMINATIONS, AS IT MAY DEEM 8 NECESSARY OR CONVENIENT FOR THE PURPOSE OF THIS CHAPTER. 9 (2) THE ENTRY SHALL NOT BE DEEMED A TRESPASS, NOR SHALL 10 AN ENTRY FOR THE PURPOSES BE DEEMED AN ENTRY UNDER ANY 11 CONDEMNATION PROCEEDINGS WHICH MAY BE THEN PENDING. 12 (3) THE COMMISSION SHALL MAKE REIMBURSEMENT FOR ANY 13 ACTUAL DAMAGES RESULTING TO THE LANDS, WATERS AND PREMISES AS 14 A RESULT OF THE ACTIVITIES. 15 (C) RESTORATION OF PROPERTY.--ANY PUBLIC OR PRIVATE PROPERTY 16 DAMAGED OR DESTROYED IN CARRYING OUT THE POWERS GRANTED BY THIS 17 CHAPTER SHALL BE RESTORED OR REPAIRED AND PLACED IN ITS ORIGINAL 18 CONDITION AS NEARLY AS PRACTICABLE OR ADEQUATE COMPENSATION MADE 19 FOR THE PROPERTY OUT OF FUNDS PROVIDED UNDER THE AUTHORITY OF 20 THIS CHAPTER. 21 (D) POWERS OF PUBLIC BODIES.--NOTWITHSTANDING ANY OTHER 22 PROVISION OF LAW TO THE CONTRARY, A POLITICAL SUBDIVISION OR A 23 PUBLIC AGENCY OR COMMISSION OF THE COMMONWEALTH MAY LEASE, LEND, 24 DEDICATE, GRANT, CONVEY OR OTHERWISE TRANSFER TO THE COMMISSION, 25 UPON ITS REQUEST, UPON TERMS AND CONDITIONS AS THE PROPER 26 AUTHORITIES OF THE POLITICAL SUBDIVISION OR PUBLIC AGENCY OR 27 COMMISSION OF THE COMMONWEALTH DEEMS REASONABLE AND FAIR AND 28 WITHOUT THE NECESSITY FOR ANY ADVERTISEMENT, ORDER OF COURT OR 29 OTHER ACTION OR FORMALITY, OTHER THAN THE REGULAR AND FORMAL 30 ACTION OF THE AUTHORITIES CONCERNED, ANY REAL PROPERTY WHICH MAY 20070H1590B2342 - 236 -
1 BE NECESSARY OR CONVENIENT TO THE EFFECTUATION OF THE AUTHORIZED 2 PURPOSES OF THE COMMISSION, INCLUDING PUBLIC ROADS AND OTHER 3 REAL PROPERTY ALREADY DEVOTED TO PUBLIC USE. 4 § 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 5 WHENEVER THE COMMISSION HAS CONDEMNED ANY LANDS, RIGHTS, 6 RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES, OR INTERESTS THEREIN, 7 AS PROVIDED IN THIS CHAPTER, THE COMMISSION MAY PROCEED TO 8 OBTAIN POSSESSION IN THE MANNER PROVIDED BY 26 PA.C.S. (RELATING 9 TO THE EMINENT DOMAIN). 10 § 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 11 OBLIGATIONS. 12 (A) AUTHORIZATION.-- 13 (1) A BOND MUST BE AUTHORIZED BY RESOLUTION OF THE 14 COMMISSION. THE RESOLUTION MAY SPECIFY ALL OF THE FOLLOWING: 15 (I) SERIES. 16 (II) DATE OF MATURITY NOT EXCEEDING 40 YEARS FROM 17 DATE OF ISSUE. 18 (III) INTEREST. 19 (IV) DENOMINATION. 20 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT 21 COUPONS. 22 (VI) REGISTRATION, EXCHANGEABILITY AND 23 INTERCHANGEABILITY PRIVILEGES. 24 (VII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT. 25 (VIII) TERMS OF REDEMPTION NOT EXCEEDING 105% OF THE 26 PRINCIPAL AMOUNT OF THE BOND. 27 (IX) PRIORITIES IN THE REVENUES OR RECEIPTS OF THE 28 COMMISSION. 29 (2) A BOND MUST BE SIGNED BY OR SHALL BEAR THE FACSIMILE 30 SIGNATURE OF SUCH OFFICERS AS THE COMMISSION DETERMINES. A 20070H1590B2342 - 237 -
1 BOND MAY BE ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR 2 MORE OF THE SIGNING OFFICERS OR THE TREASURER HAS CEASED TO 3 BE AN OFFICER WHEN THE BOND IS ACTUALLY DELIVERED. A BOND 4 MUST BE AUTHENTICATED BY AN AUTHENTICATING AGENT, A FISCAL 5 AGENT OR A TRUSTEE, IF REQUIRED BY THE AUTHORIZING 6 RESOLUTION. 7 (3) A BOND MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR A 8 PRICE DETERMINED BY THE COMMISSION. 9 (4) PENDING THE PREPARATION OF A DEFINITIVE BOND, 10 INTERIM RECEIPTS OR TEMPORARY BONDS WITHOUT COUPONS MAY BE 11 ISSUED TO THE PURCHASER AND MAY CONTAIN TERMS AND CONDITIONS 12 AS THE COMMISSION DETERMINES. 13 (B) PROVISIONS.--A RESOLUTION AUTHORIZING A BOND MAY CONTAIN 14 PROVISIONS WHICH SHALL BE PART OF THE CONTRACT WITH THE 15 BONDHOLDER AS TO THE FOLLOWING: 16 (1) PLEDGING THE FULL FAITH AND CREDIT OF THE COMMISSION 17 BUT NOT OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION FOR 18 THE BOND OR RESTRICTING THE OBLIGATION OF THE COMMISSION TO 19 ALL OR ANY OF THE REVENUE OF THE COMMISSION FROM ALL OR ANY 20 PROJECTS OR PROPERTIES. 21 (2) THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 22 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 23 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 24 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 25 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 26 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 27 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 28 ROADS, THE FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF 29 THE COMMISSION WITH REFERENCE TO THESE MATTERS. 30 (3) TERMS AND PROVISIONS OF THE BOND. 20070H1590B2342 - 238 -
1 (4) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF 2 THE BOND OR OTHER FINANCING MAY BE APPLIED. 3 (5) RATE OF TOLLS AND OTHER CHARGES FOR USE OF THE 4 FACILITIES OF OR FOR THE SERVICES RENDERED BY THE COMMISSION. 5 (6) THE SETTING ASIDE, REGULATION AND DISPOSITION OF 6 RESERVES AND SINKING FUNDS. 7 (7) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS. 8 (8) TERMS AND PROVISIONS OF ANY DEED OF TRUST OR 9 INDENTURE SECURING THE BOND OR UNDER WHICH ANY DEED OF TRUST 10 OR INDENTURE MAY BE ISSUED. 11 (9) OTHER ADDITIONAL AGREEMENTS WITH THE HOLDER OF THE 12 BOND. 13 (C) DEEDS OF TRUST.--THE COMMISSION MAY ENTER INTO ANY DEED 14 OF TRUST, INDENTURE OR OTHER AGREEMENT WITH ANY BANK OR TRUST 15 COMPANY OR OTHER PERSON IN THE UNITED STATES HAVING POWER TO 16 ENTER INTO SUCH AN ARRANGEMENT, INCLUDING ANY FEDERAL AGENCY, AS 17 SECURITY FOR A BOND AND MAY ASSIGN AND PLEDGE ALL OR ANY OF THE 18 REVENUES OR RECEIPTS OF THE COMMISSION UNDER SUCH DEED, 19 INDENTURE OR AGREEMENT. THE DEED OF TRUST, INDENTURE OR OTHER 20 AGREEMENT MAY CONTAIN PROVISIONS AS MAY BE CUSTOMARY IN SUCH 21 INSTRUMENTS OR AS THE COMMISSION MAY AUTHORIZE, INCLUDING 22 PROVISIONS AS TO THE FOLLOWING: 23 (1) FOR THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 24 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 25 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 26 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 27 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 28 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 29 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 30 ROADS, FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF THE 20070H1590B2342 - 239 -
1 COMMISSION WITH REFERENCE TO THESE MATTERS. 2 (2) APPLICATION OF FUNDS AND THE SAFEGUARDING OF FUNDS 3 ON HAND OR ON DEPOSIT. 4 (3) RIGHTS AND REMEDIES OF TRUSTEES AND BONDHOLDERS, 5 INCLUDING RESTRICTIONS UPON THE INDIVIDUAL RIGHT OF ACTION OF 6 A BONDHOLDER. 7 (4) TERMS AND PROVISIONS OF THE BOND OR THE RESOLUTION 8 AUTHORIZING THE ISSUANCE OF THE BOND. 9 (D) NEGOTIABILITY.--A BOND SHALL HAVE ALL THE QUALITIES OF 10 NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S. DIV. 3 (RELATING TO 11 NEGOTIABLE INSTRUMENTS). 12 § 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 13 ALL MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER OBLIGATIONS 14 ISSUED UNDER THIS CHAPTER SHALL BE APPLIED SOLELY TO THE PAYMENT 15 OF THE COSTS OF THE DEPARTMENT, THE COSTS OF THE TURNPIKES, THE 16 TURNPIKE EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD 17 CONVERSIONS, INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS 18 AS PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 19 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY 20 SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES 21 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS OR 22 TO THE APPURTENANT FUND. THERE IS CREATED AND GRANTED A LIEN 23 UPON THE MONEY, UNTIL SO APPLIED, IN FAVOR OF HOLDERS OF THE 24 BONDS, NOTES OR OTHER OBLIGATIONS OR THE TRUSTEE PROVIDED FOR IN 25 THIS CHAPTER IN RESPECT OF THE BONDS, NOTES OR OTHER 26 OBLIGATIONS. 27 § 8114. TRUST INDENTURE AUTHORIZED. 28 (A) SECURITY FOR BONDS.--IN THE DISCRETION OF THE 29 COMMISSION, THE BONDS, NOTES OR OTHER OBLIGATIONS MAY BE SECURED 30 BY A TRUST INDENTURE BY AND BETWEEN THE COMMISSION AND A 20070H1590B2342 - 240 -
1 CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING 2 THE POWERS OF A TRUST COMPANY, WITHIN THIS COMMONWEALTH. THE 3 TRUST INDENTURE MAY PLEDGE OR ASSIGN TOLLS AND REVENUE TO BE 4 RECEIVED BUT SHALL NOT CONVEY OR MORTGAGE THE PENNSYLVANIA 5 TURNPIKE SYSTEM, INCLUDING THE TURNPIKES AND TOLL ROAD 6 CONVERSIONS PROVIDED FOR BY THIS CHAPTER. 7 (B) RIGHTS OF BONDHOLDERS.--EITHER THE RESOLUTION PROVIDING 8 FOR THE ISSUANCE OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR THE 9 TRUST INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND 10 ENFORCING THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS 11 OF NOTES OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER 12 AND NOT IN VIOLATION OF LAW, INCLUDING COVENANTS SETTING FORTH 13 THE DUTIES OF THE COMMISSION IN RELATION TO THE ACQUISITION OF 14 PROPERTIES AND THE CONSTRUCTION, MAINTENANCE, OPERATION AND 15 REPAIR AND INSURANCE OF THE TURNPIKES, AND THE CUSTODY, 16 SAFEGUARDING AND APPLICATION OF ALL MONEY. IT SHALL BE LAWFUL 17 FOR ANY BANK OR TRUST COMPANY INCORPORATED UNDER THE LAWS OF 18 THIS COMMONWEALTH TO ACT AS A DEPOSITORY OF THE PROCEEDS OF 19 BONDS, NOTES OR OTHER OBLIGATIONS OR REVENUES AND TO FURNISH THE 20 INDEMNITY BONDS OR TO PLEDGE THE SECURITIES AS MAY BE REQUIRED 21 BY THE COMMISSION. THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 22 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 23 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 24 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 25 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 26 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. IN 27 ADDITION TO THE FOREGOING, THE TRUST INDENTURE MAY CONTAIN OTHER 28 PROVISIONS AS THE COMMISSION MAY DEEM REASONABLE AND PROPER FOR 29 THE SECURITY OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 30 OBLIGATIONS. ALL EXPENSES INCURRED IN CARRYING OUT THE TRUST 20070H1590B2342 - 241 -
1 INDENTURE MAY BE TREATED AS PART OF THE COST OF MAINTENANCE, 2 OPERATION AND REPAIR OF THE TURNPIKES AND TOLL ROAD CONVERSIONS 3 PROVIDED FOR BY THIS CHAPTER. 4 § 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 5 THE ACCOMPLISHMENT BY THE COMMISSION OF THE AUTHORIZED 6 PURPOSES STATED IN THIS CHAPTER BEING FOR THE BENEFIT OF THE 7 PEOPLE OF THIS COMMONWEALTH AND FOR THE IMPROVEMENT OF THEIR 8 COMMERCE AND PROSPERITY, IN WHICH ACCOMPLISHMENT THE COMMISSION 9 WILL BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS, THE 10 COMMISSION SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS 11 ON ANY PROPERTY ACQUIRED OR USED BY IT FOR THE PURPOSES PROVIDED 12 IN THIS CHAPTER, AND THE BONDS, NOTES OR OTHER OBLIGATIONS 13 ISSUED BY THE COMMISSION, THEIR TRANSFER AND THE INCOME 14 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL 15 AT ALL TIMES BE FREE FROM TAXATION WITHIN THIS COMMONWEALTH. 16 § 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 17 (A) ESTABLISHMENT AND CHANGES IN TOLL AMOUNTS.--SUBJECT TO 18 THE TERMS OF ANY TRUST INDENTURE ENTERED INTO BY THE COMMISSION 19 OR ANY RESOLUTION AUTHORIZING THE ISSUANCE OF ANY BONDS, NOTES 20 OR OTHER OBLIGATIONS OF THE COMMISSION, THE COMMISSION IS 21 AUTHORIZED: TO FIX AND TO REVISE TOLLS FOR THE USE OF THE 22 PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS OR SECTIONS 23 OF THE SYSTEM, INCLUDING THE TURNPIKE, THE TURNPIKE EXTENSIONS 24 AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS AUTHORIZED BY 25 THIS CHAPTER. THE COMMISSION IS FURTHER AUTHORIZED TO CHARGE AND 26 COLLECT TOLLS; TO CONTRACT WITH ANY PERSON, PARTNERSHIP, 27 ASSOCIATION OR CORPORATION DESIRING THE USE OF ANY PART THEREOF, 28 INCLUDING THE RIGHT-OF-WAY ADJOINING THE PAVED PORTION, FOR 29 PLACING THEREON TELEPHONE, TELEGRAPH, ELECTRIC LIGHT OR POWER 30 LINES, GAS STATIONS, GARAGES, STORES, HOTELS, RESTAURANTS AND 20070H1590B2342 - 242 -
1 ADVERTISING SIGNS, OR FOR ANY OTHER PURPOSE, EXCEPT FOR SERVICE <-- 2 PLAZAS IN THE RIGHT-OF-WAY ALONG INTERSTATE 80 AND FOR TRACKS 3 FOR RAILROAD OR RAILWAY USE; AND TO FIX THE TERMS, CONDITIONS, 4 RENTS AND RATES OF CHARGES FOR USE. TOLLS SHALL BE FIXED AND 5 ADJUSTED AS TO PROVIDE FUNDS AT LEAST SUFFICIENT WITH OTHER 6 REVENUES OF THE PENNSYLVANIA TURNPIKE SYSTEM, IF ANY, TO PAY ALL 7 OF THE FOLLOWING: 8 (1) THE COST OF THE TURNPIKES. THIS PARAGRAPH INCLUDES 9 THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 10 EXPANDING, EXTENDING, MAINTAINING, REPAIRING AND OPERATING 11 THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS AND 12 SECTIONS OF THE SYSTEM. 13 (2) ANY OF THE FOLLOWING: 14 (I) THE COMMISSION'S BONDS, NOTES OR OTHER 15 OBLIGATIONS AND THE INTEREST ON THEM. 16 (II) SINKING FUND REQUIREMENTS OF THE COMMISSION. 17 (III) OTHER REQUIREMENTS PROVIDED FOR BY ANY 18 RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS, NOTES 19 OR OTHER OBLIGATIONS BY THE COMMISSION, OR BY ANY TRUST 20 INDENTURE TO WHICH THE COMMISSION IS A PARTY, AS THEY 21 BECOME DUE. 22 (3) AMOUNTS DUE TO THE DEPARTMENT UNDER 75 PA.C.S. CH. 23 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND PURSUANT TO THE 24 LEASE AGREEMENT UNDER 75 PA.C.S. § 8915.3 (RELATING TO LEASE 25 OF INTERSTATE 80). 26 (4) THE COST OF REPAYMENT TO THE FEDERAL GOVERNMENT OF 27 FUNDS REQUIRED TO BE REPAID PURSUANT TO FEDERAL LEGISLATION 28 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS. 29 (5) ANY OTHER AMOUNTS PAYABLE TO THE COMMONWEALTH OR TO 30 THE DEPARTMENT. 20070H1590B2342 - 243 -
1 (B) RESTRICTIONS ON TOLL REVENUE.--TOLLS SHALL NOT BE 2 SUBJECT TO SUPERVISION OR REGULATION BY ANY OTHER STATE 3 COMMISSION, BOARD, BUREAU OR AGENCY. SUBJECT TO THE TERMS OF ANY 4 PRESENTLY EXISTING TRUST INDENTURE ENTERED INTO BY THE 5 COMMISSION AND ANY PRESENTLY EXISTING RESOLUTION AUTHORIZING THE 6 ISSUANCE OF ANY BONDS, NOTES OR OTHER OBLIGATIONS OF THE 7 COMMISSION, THE TOLLS AND ALL OTHER REVENUE DERIVED FROM THE 8 PENNSYLVANIA TURNPIKE SYSTEM SHALL BE SET ASIDE AND PLEDGED AS 9 MAY BE PROVIDED IN ANY RESOLUTIONS, TRUST INDENTURES OR ANY 10 OTHER AGREEMENTS THAT THE COMMISSION MAY HEREAFTER ADOPT OR 11 HEREAFTER ENTER INTO WITH RESPECT TO THE ISSUANCE OF BONDS, 12 NOTES OR OTHER OBLIGATIONS OF THE COMMISSION. 13 § 8117. ELECTRONIC TOLL COLLECTION. 14 (A) LIABILITY OF OWNER.-- 15 (1) IF AN OPERATOR OF A VEHICLE FAILS TO PAY THE 16 PRESCRIBED TOLL AT ANY LOCATION WHERE TOLLS ARE COLLECTED BY 17 MEANS OF ELECTRONIC TOLL COLLECTION, THE OWNER OF THE VEHICLE 18 SHALL BE LIABLE TO THE COMMISSION FOR FAILURE OF THE OPERATOR 19 OF THE VEHICLE TO COMPLY WITH THIS SECTION IF THE VIOLATION 20 IS EVIDENCED BY INFORMATION OBTAINED FROM A VIOLATION 21 ENFORCEMENT SYSTEM. 22 (2) IF A VIOLATION OF THIS SECTION IS COMMITTED, THE 23 REGISTRATION PLATE NUMBER OF THE VEHICLE AS RECORDED BY A 24 VIOLATION ENFORCEMENT SYSTEM SHALL ESTABLISH AN INFERENCE 25 THAT THE OWNER OF THE VEHICLE WAS THEN OPERATING THE VEHICLE. 26 THE INFERENCE SHALL BE OVERCOME IF THE OWNER DOES ALL OF THE 27 FOLLOWING: 28 (I) TESTIFIES THAT THE OWNER WAS NOT OPERATING THE 29 VEHICLE AT THE TIME OF THE VIOLATION. 30 (II) SUBMITS TO AN EXAMINATION AS TO WHO AT THE TIME 20070H1590B2342 - 244 -
1 WAS OPERATING THE VEHICLE. 2 (III) REVEALS THE NAME AND RESIDENCE ADDRESS, IF 3 KNOWN, OF THE OPERATOR OF THE VEHICLE. 4 (3) IF AN ACTION OR PROCEEDING IS COMMENCED IN A COUNTY 5 OTHER THAN THAT OF THE RESIDENCE OF THE OWNER, A VERIFIED 6 WRITTEN STATEMENT SETTING FORTH THE FACTS PRESCRIBED UNDER 7 PARAGRAPH (2)(I), (II) AND (III) SHALL SUFFICE TO OVERCOME 8 THE INFERENCE. 9 (4) IF THE INFERENCE IS OVERCOME, THE OPERATOR OF THE 10 VEHICLE MAY BE HELD LIABLE UNDER THIS SECTION FOR FAILURE TO 11 PAY THE PRESCRIBED TOLL IN THE SAME MANNER AS IF THE OPERATOR 12 WERE THE OWNER OF THE VEHICLE. 13 (B) IMPOSITION OF LIABILITY.--LIABILITY UNDER THIS SECTION 14 SHALL BE IMPOSED UPON AN OWNER FOR A VIOLATION OF THIS SECTION 15 OR THE REGULATIONS OF THE COMMISSION OCCURRING WITHIN THE 16 TERRITORIAL LIMITS OF THIS COMMONWEALTH. IF A VIOLATION IS 17 COMMITTED AS EVIDENCED BY A VIOLATION ENFORCEMENT SYSTEM, THE 18 FOLLOWING SHALL APPLY: 19 (1) THE COMMISSION OR AN AUTHORIZED AGENT OR EMPLOYEE 20 MUST PREPARE AND MAIL A NOTICE OF VIOLATION AS FOLLOWS: 21 (I) THE NOTICE OF VIOLATION MUST BE SENT BY FIRST 22 CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN 23 OWNER FOR A VIOLATION OF THIS SECTION. 24 (II) THE NOTICE MUST BE MAILED AT THE ADDRESS SHOWN 25 ON THE VEHICLE REGISTRATION OR AT THE ADDRESS OF THE 26 OPERATOR, AS APPLICABLE. NOTICE MUST BE MAILED NO LATER 27 THAN 60 DAYS AFTER: 28 (A) THE ALLEGED CONDUCT; OR 29 (B) THE DATE THE INFERENCE IS OVERCOME UNDER 30 SUBSECTION (A)(2). 20070H1590B2342 - 245 -
1 (III) PERSONAL SERVICE IS NOT REQUIRED. 2 (IV) THE NOTICE MUST CONTAIN ALL OF THE FOLLOWING: 3 (A) INFORMATION ADVISING THE PERSON CHARGED OF 4 THE MANNER AND TIME IN WHICH THE LIABILITY ALLEGED IN 5 THE NOTICE MAY BE CONTESTED. 6 (B) A WARNING ADVISING THE PERSON CHARGED THAT 7 FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED 8 SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A 9 DEFAULT JUDGMENT MAY BE ENTERED ON THE NOTICE. 10 (1.1) A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED 11 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE 12 EVIDENCE OF THE MAILING OF NOTICE. 13 (2) IF AN OWNER OF A VEHICLE OR AN OWNER THAT IS A 14 LESSOR OF A VEHICLE RECEIVES A NOTICE OF VIOLATION UNDER THIS 15 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS 16 REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT 17 SHALL BE A DEFENSE TO THE ALLEGATION OF LIABILITY THAT THE 18 VEHICLE HAD BEEN REPORTED TO THE POLICE AS HAVING BEEN STOLEN 19 PRIOR TO THE TIME THE VIOLATION OCCURRED AND THAT THE VEHICLE 20 HAD NOT BEEN RECOVERED BY THE TIME OF THE VIOLATION. FOR 21 PURPOSES OF ASSERTING THE DEFENSE UNDER THIS PARAGRAPH, IT 22 SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE 23 REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO 24 THE COMMISSION WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 25 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 26 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE OWNER OR 27 LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. 28 (3) AN OWNER THAT IS A LESSOR OF A VEHICLE AS TO WHICH A 29 NOTICE OF VIOLATION WAS ISSUED UNDER PARAGRAPH (1) SHALL NOT 30 BE LIABLE FOR A VIOLATION IF THE OWNER SENDS TO THE 20070H1590B2342 - 246 -
1 COMMISSION A COPY OF THE RENTAL, LEASE OR OTHER CONTRACT 2 DOCUMENT COVERING THE VEHICLE ON THE DATE OF THE VIOLATION, 3 WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE TO 4 THE COMMISSION, WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 5 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 6 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE LESSOR 7 LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. IF THE 8 LESSOR COMPLIES WITH THE PROVISIONS OF THIS SECTION, THE 9 LESSEE OF THE VEHICLE ON THE DATE OF THE VIOLATION SHALL BE 10 DEEMED TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS 11 SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE PENALTY 12 UNDER THIS SECTION. 13 (4) A CERTIFIED REPORT OR A FACSIMILE REPORT OF AN 14 AUTHORIZED AGENT OR EMPLOYEE OF THE COMMISSION REPORTING A 15 VIOLATION OF THIS SECTION OR REGULATIONS OF THE COMMISSION 16 BASED UPON THE RECORDED INFORMATION OBTAINED FROM A VIOLATION 17 ENFORCEMENT SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS 18 CONTAINED IN THE REPORT AND SHALL BE ADMISSIBLE AS AN 19 OFFICIAL RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS IN 20 ANY PROCEEDING CHARGING A VIOLATION OF THIS SECTION OR THE 21 TOLL COLLECTION REGULATIONS OF THE COMMISSION. 22 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 23 VIDEOTAPES, PHOTOGRAPHS, MICROPHOTOGRAPHS, OTHER RECORDED 24 IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES PREPARED 25 PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF 26 THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW 27 ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING DUTIES 28 UNDER THIS SECTION AND THE REGULATIONS OF THE COMMISSION. THE 29 INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT 30 OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT- 20070H1590B2342 - 247 -
1 TO-KNOW LAW. THE INFORMATION SHALL NOT BE DISCOVERABLE BY 2 COURT ORDER OR OTHERWISE; NOR SHALL IT BE OFFERED IN EVIDENCE 3 IN ANY ACTION OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO 4 A VIOLATION OF THIS SECTION, THE REGULATIONS OF THE 5 COMMISSION OR INDEMNIFICATION FOR LIABILITY IMPOSED PURSUANT 6 TO THIS SECTION. THE RESTRICTIONS SET FORTH IN THIS 7 PARAGRAPH: 8 (I) SHALL NOT BE DEEMED TO PRECLUDE A COURT OF 9 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING 10 THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT 11 OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND 12 IS REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW 13 ENFORCEMENT ACTION; 14 (II) SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF 15 THE INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION 16 OVER OR WHICH OPERATE AN ELECTRONIC TOLL COLLECTION 17 SYSTEM IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION; 18 AND 19 (III) SHALL NOT BE DEEMED TO PROHIBIT THE USE OF 20 INFORMATION EXCLUSIVELY FOR THE PURPOSE OF BILLING 21 ELECTRONIC TOLL COLLECTION ACCOUNT HOLDERS, DEDUCTING 22 TOLL CHARGES FROM THE ACCOUNT OF AN ACCOUNT HOLDER, 23 ENFORCING TOLL COLLECTION LAWS AND RELATED REGULATIONS OR 24 ENFORCING THE PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 25 (6) AN IMPOSITION OF LIABILITY UNDER THIS SECTION MUST 26 BE BASED UPON A PREPONDERANCE OF EVIDENCE. 27 (7) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION 28 SHALL NOT BE DEEMED A CONVICTION OF AN OWNER AND SHALL NOT BE 29 MADE PART OF THE MOTOR VEHICLE OPERATING RECORD OF THE PERSON 30 UPON WHOM THE LIABILITY IS IMPOSED, NOR SHALL IT BE 20070H1590B2342 - 248 -
1 CONSIDERED IN THE PROVISION OF MOTOR VEHICLE INSURANCE 2 COVERAGE. 3 (8) AN OWNER THAT ADMITS, IS FOUND LIABLE OR FAILS TO 4 RESPOND TO THE NOTICE OF VIOLATION FOR A VIOLATION OF THIS 5 SECTION SHALL BE CIVILLY LIABLE TO THE COMMISSION FOR ALL OF 6 THE FOLLOWING: 7 (I) EITHER: 8 (A) THE AMOUNT OF THE TOLL EVADED OR ATTEMPTED 9 TO BE EVADED IF THE AMOUNT CAN BE DETERMINED; OR 10 (B) THE MAXIMUM TOLL FROM THE FARTHEST POINT OF 11 ENTRY ON THE PENNSYLVANIA TURNPIKE TO THE ACTUAL 12 POINT OF EXIT IF THE AMOUNT OF THE TOLL EVADED OR 13 ATTEMPTED TO BE EVADED CANNOT BE DETERMINED. 14 (II) A REASONABLE ADMINISTRATIVE FEE NOT TO EXCEED 15 $35 PER NOTIFICATION. 16 (9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 17 THE LIABILITY OF THE OPERATOR OF A VEHICLE FOR A VIOLATION OF 18 THIS SECTION OR OF THE REGULATIONS OF THE COMMISSION. 19 (C) PLACEMENT OF ELECTRONIC TOLL COLLECTION DEVICE.--AN 20 ELECTRONIC TOLL COLLECTION DEVICE WHICH IS AFFIXED TO THE FRONT 21 WINDSHIELD OF A VEHICLE IN ACCORDANCE WITH THE REGULATIONS OF 22 THE COMMISSION SHALL NOT BE DEEMED TO CONSTITUTE A VIOLATION OF 23 75 PA.C.S. § 4524 (RELATING TO WINDSHIELD OBSTRUCTIONS AND 24 WIPERS). 25 (D) PRIVACY OF ELECTRONIC TOLL COLLECTION ACCOUNT HOLDER 26 INFORMATION.-- 27 (1) EXCEPT AS SET FORTH PARAGRAPH (2), NOTWITHSTANDING 28 ANY OTHER PROVISION OF LAW, ALL OF THE FOLLOWING APPLY TO 29 INFORMATION KEPT BY THE COMMISSION, ITS AUTHORIZED AGENTS OR 30 ITS EMPLOYEES WHICH IS RELATED TO THE ACCOUNT OF AN 20070H1590B2342 - 249 -
1 ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDER: 2 (I) THE INFORMATION SHALL BE FOR THE EXCLUSIVE USE 3 OF THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES 4 AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF 5 DISCHARGING THEIR DUTIES PURSUANT TO THIS SECTION AND THE 6 REGULATIONS OF THE COMMISSION. THIS SUBPARAGRAPH INCLUDES 7 NAMES, ADDRESSES, ACCOUNT NUMBERS, ACCOUNT BALANCES, 8 PERSONAL FINANCIAL INFORMATION, VEHICLE MOVEMENT RECORDS 9 AND OTHER INFORMATION COMPILED FROM TRANSACTIONS WITH THE 10 ACCOUNT HOLDERS. 11 (II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC 12 RECORD UNDER THE RIGHT-TO-KNOW LAW, NOR SHALL IT BE 13 DISCOVERABLE BY COURT ORDER OR OTHERWISE OR BE OFFERED IN 14 EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT 15 DIRECTLY RELATED TO THE DISCHARGE OF DUTIES UNDER THIS 16 SECTION, THE REGULATIONS OF THE COMMISSION OR A VIOLATION 17 OF AN ACCOUNT HOLDER AGREEMENT. 18 (2) PARAGRAPH (1) SHALL NOT BE DEEMED TO DO ANY OF THE 19 FOLLOWING: 20 (I) PRECLUDE A COURT OF COMPETENT JURISDICTION FROM 21 ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE 22 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION 23 IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN 24 CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION. 25 (II) PRECLUDE THE EXCHANGE OF THE INFORMATION 26 BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR WHICH 27 OPERATE AN ELECTRONIC TOLL COLLECTION SYSTEM IN THIS 28 COMMONWEALTH OR ANY OTHER JURISDICTION. 29 (III) PROHIBIT THE USE OF THE INFORMATION 30 EXCLUSIVELY FOR THE PURPOSE OF BILLING ELECTRONIC TOLL 20070H1590B2342 - 250 -
1 COLLECTION ACCOUNT HOLDERS, DEDUCTING TOLL CHARGES FROM 2 THE ACCOUNT OF AN ACCOUNT HOLDER, ENFORCING TOLL 3 COLLECTION LAWS AND RELATED REGULATIONS OR ENFORCING THE 4 PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 5 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "OWNER" 6 MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 7 ASSOCIATION, ORGANIZATION OR LESSOR THAT, AT THE TIME A VEHICLE 8 IS OPERATED IN VIOLATION OF THIS SECTION OR REGULATIONS OF THE 9 COMMISSION: 10 (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF THE VEHICLE; 11 (2) HAS TITLE TO THE VEHICLE; OR 12 (3) IS THE REGISTRANT OR COREGISTRANT OF THE VEHICLE 13 REGISTERED WITH THE DEPARTMENT OR A COMPARABLE AGENCY OF 14 ANOTHER JURISDICTION OR USES THE VEHICLE IN ITS VEHICLE 15 RENTING OR LEASING BUSINESS. THE TERM INCLUDES A PERSON 16 ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A 17 SECURITY INTEREST IN ANOTHER PERSON. 18 § 8118. REFUNDING BONDS. 19 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 20 THE ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS FOR THE PURPOSE 21 OF REFUNDING ISSUED AND OUTSTANDING TURNPIKE REVENUE BONDS, 22 NOTES OR OTHER OBLIGATIONS. APPLICABLE PROVISIONS OF THIS 23 CHAPTER GOVERN ALL OF THE FOLLOWING: 24 (1) ISSUANCE OF THE TURNPIKE REVENUE REFUNDING BONDS. 25 (2) MATURITIES AND OTHER DETAILS OF THE REFUNDING BONDS. 26 (3) RIGHTS OF THE HOLDERS OF THE BONDS. 27 (4) DUTIES OF THE COMMONWEALTH AND OF THE COMMISSION IN 28 RESPECT TO THE BONDS. 29 § 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 30 (A) SCOPE.--THIS SECTION APPLIES TO ALL OF THE FOLLOWING: 20070H1590B2342 - 251 -
1 (1) A HOLDER OF: 2 (I) A BOND, NOTE OR OTHER OBLIGATION ISSUED UNDER 3 THIS CHAPTER; OR 4 (II) A COUPON ATTACHED TO THE BOND, NOTE OR OTHER 5 OBLIGATION. 6 (2) THE TRUSTEE UNDER AN APPLICABLE TRUST INDENTURE. 7 (B) ENFORCEMENT.--SUBJECT TO SUBSECTION (C), A PERSON 8 REFERRED TO IN SUBSECTION (A) MAY, BY AN ACTION AT LAW OR IN 9 EQUITY, DO ALL OF THE FOLLOWING: 10 (1) PROTECT AND ENFORCE RIGHTS GRANTED UNDER THIS 11 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 12 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 13 REQUIRED BY THIS CHAPTER OR BY THE RESOLUTION OR TRUST 14 INDENTURE TO BE PERFORMED BY THE COMMISSION OR AN OFFICER OF 15 THE COMMISSION. THIS PARAGRAPH INCLUDES FIXING, CHARGING AND 16 COLLECTING OF TOLLS FOR THE USE OF THE TURNPIKES. 17 (C) RESTRICTION.--RIGHTS UNDER THIS CHAPTER MAY BE 18 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE BOND, 19 NOTE OR OTHER OBLIGATION OR BY THE TRUST INDENTURE. 20 § 8120. AUTHORITY GRANTED TO SECRETARY. 21 (A) AGREEMENT WITH FEDERAL GOVERNMENT.-- 22 (1) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN 23 AGREEMENT WITH THE UNITED STATES DEPARTMENT OF 24 TRANSPORTATION, THE FEDERAL HIGHWAY ADMINISTRATION AND ANY 25 OTHER FEDERAL AGENCY TO OBTAIN FEDERAL FUNDS FOR PROJECTS FOR 26 RESURFACING, RESTORING AND REHABILITATING TOLL ROADS IN THIS 27 COMMONWEALTH. THE COMMISSION IS AUTHORIZED TO USE FEDERAL 28 FUNDS WHICH MAY BE AVAILABLE FOR TOLL ROADS ONLY UPON 29 APPROVAL OF THE SECRETARY AND ONLY UNDER THE AUTHORITY 30 GRANTED UNDER THIS SECTION. 20070H1590B2342 - 252 -
1 (2) (RESERVED). 2 (B) APPROVAL BY DEPARTMENT.--A COPY OF EACH CONTRACT AND 3 AGREEMENT RELATING TO THE CONSTRUCTION OF THE TURNPIKES AND 4 CONNECTING TUNNELS, BRIDGES, SLIP INTERCHANGES AND SLIP RAMPS 5 SHALL BE PROVIDED TO THE DEPARTMENT FOR REVIEW AND COMMENT PRIOR 6 TO EXECUTION OF THIS CONTRACT OR AGREEMENT. 7 § 8121. (RESERVED). 8 § 8122. (RESERVED). 9 § 8123. CONSTRUCTION OF CHAPTER. 10 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 11 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 12 AS IN DEROGATION OF ANY POWERS NOW EXISTING AND SHALL BE 13 LIBERALLY CONSTRUED TO EFFECT ITS PURPOSES. 14 CHAPTER 82 15 TURNPIKE COMMISSION STANDARDS OF CONDUCT 16 SEC. 17 8201. SCOPE. 18 8202. DEFINITIONS. 19 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 20 MEMBERS AND EMPLOYEES. 21 8204. CODE OF CONDUCT. 22 8205. APPLICABILITY OF OTHER STATUTES. 23 § 8201. SCOPE. 24 THIS CHAPTER SHALL APPLY TO THE PENNSYLVANIA TURNPIKE 25 COMMISSION FORMED OR MAINTAINED UNDER AUTHORITY OF THE ACT OF 26 MAY 21, 1937 (P.L.774, NO.211), REFERRED TO AS THE PENNSYLVANIA 27 TURNPIKE COMMISSION ACT AND THE FORMER ACT OF SEPTEMBER 30, 1985 <-- 28 (P.L.240, NO.61), KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION 29 AND TOLL ROAD CONVERSION ACT, OR ANY SUCCESSOR ENTITY. 30 § 8202. DEFINITIONS. 20070H1590B2342 - 253 -
1 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 3 CONTEXT CLEARLY INDICATES OTHERWISE: 4 "BUSINESS." ANY CORPORATION, PARTNERSHIP, SOLE 5 PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION, 6 ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT 7 STOCK COMPANY, RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED 8 FOR PROFIT. 9 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 10 "EXECUTIVE-LEVEL EMPLOYEE." THE CHIEF EXECUTIVE OFFICER, 11 CHIEF FINANCIAL OFFICER, CHIEF OPERATING OFFICER, CHIEF COUNSEL 12 OR ANY OTHER SENIOR MANAGEMENT EMPLOYEE WITH DISCRETIONARY 13 POWERS WHICH MAY AFFECT THE OUTCOME OF A PENNSYLVANIA TURNPIKE 14 COMMISSION ACTION OR DECISION OR WHO FUNCTIONS IN PRESS OR 15 PUBLIC RELATIONS, LEGISLATIVE LIAISON OR DEVELOPMENT OF 16 EXECUTIVE POLICY. 17 "FACILITY." REST AREAS, SERVICE PLAZAS, RESTAURANTS, FUELING 18 STATIONS, TRAFFIC ADVISORY SYSTEMS, CALL BOXES OR OTHER SERVICES 19 PROVIDED BY THE COMMISSION TO PERSONS USING TOLL ROADS OR <-- 20 HIGHWAYS OPERATED BY THE PENNSYLVANIA TURNPIKE COMMISSION <-- 21 COMMISSION. <-- 22 "IMMEDIATE FAMILY." A SPOUSE, PARENT, BROTHER, SISTER OR 23 CHILD. 24 "MEMBER." A COMMISSIONER APPOINTED TO THE PENNSYLVANIA 25 TURNPIKE COMMISSION, INCLUDING THE SECRETARY OF TRANSPORTATION, 26 AND ANY SUCCESSOR ENTITY THERETO. 27 "OWNERSHIP INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO 28 HOLD, DEBT OR EQUITY SECURITIES OR OTHER OWNERSHIP INTEREST OR 29 PROFIT INTEREST. 30 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE OF A <-- 20070H1590B2342 - 254 -
1 POLITICAL PARTY; A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER 2 OR COUNSEL OF A STATE COMMITTEE OR MEMBER OF THE EXECUTIVE 3 COMMITTEE OF A STATE COMMITTEE OF A POLITICAL PARTY; OR A COUNTY <-- 4 CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A 5 COUNTY COMMITTEE OR A CITY CHAIRMAN, VICE CHAIRMAN, COUNSEL, 6 SECRETARY OR TREASURER OF A CITY COMMITTEE OF A POLITICAL PARTY. <-- 7 "PENNSYLVANIA TURNPIKE COMMISSION." AN ENTITY FORMED OR 8 MAINTAINED UNDER AUTHORITY OF THE ACT OF MAY 21, 1937 (P.L.774, 9 NO.211), REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION 10 ACT, AND THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), KNOWN 11 AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION 12 ACT, OR ANY SUCCESSOR ENTITY. 13 "PUBLIC OFFICIAL." ANY OFFICIAL ELECTED TO A FEDERAL, STATE <-- 14 OR COUNTY OFFICE. 15 § 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 16 MEMBERS AND EMPLOYEES. 17 (A) GENERAL RULE.--THE FOLLOWING QUALIFICATIONS AND 18 RESTRICTIONS SHALL APPLY TO MEMBERS AND EXECUTIVE-LEVEL 19 EMPLOYEES: 20 (1) A MEMBER SHALL BE AT LEAST 25 YEARS OF AGE AND SHALL 21 HAVE BEEN A RESIDENT OF THIS COMMONWEALTH FOR A PERIOD OF AT 22 LEAST ONE YEAR IMMEDIATELY PRECEDING APPOINTMENT. EACH MEMBER 23 SHALL CONTINUE TO REMAIN A RESIDENT OF THIS COMMONWEALTH 24 DURING THE TERM OF MEMBERSHIP ON THE COMMISSION. 25 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <-- 26 PERSON SHALL BE APPOINTED OR SERVE AS A MEMBER OR HOLD AN 27 EXECUTIVE-LEVEL POSITION IF THAT PERSON HOLDS ANY OTHER 28 ELECTED OFFICE OR PARTY OFFICE. 29 (3) NO 30 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <-- 20070H1590B2342 - 255 -
1 MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL BE A PUBLIC OFFICIAL 2 OR PARTY OFFICER IN THIS COMMONWEALTH. OR ANY OF ITS <-- 3 POLITICAL SUBDIVISIONS. 4 (4) (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL <-- 5 BE PAID OR RECEIVE ANY FEE OR OTHER COMPENSATION OTHER 6 THAN SALARY AND EXPENSES PROVIDED BY LAW FOR ANY ACTIVITY 7 DIRECTLY PERTAINING TO THE DUTIES OF THE COMMISSION. 8 (II) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO 9 PROHIBIT A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE FROM 10 ENGAGING IN ANY EMPLOYMENT OR VOCATION THAT IS NOT 11 INCOMPATIBLE WITH SERVICE AS A MEMBER OR EXECUTIVE-LEVEL 12 EMPLOYEE. 13 (5) (4) (I) AT THE TIME OF APPOINTMENT AND ANNUALLY <-- 14 THEREAFTER, EACH MEMBER SHALL DISCLOSE THE EXISTENCE OF 15 ALL OWNERSHIP INTERESTS IN ANY FACILITY OR BUSINESS WITH 16 WHICH THE COMMISSION HAS CONTRACTED FOR ROADWAY 17 CONSTRUCTION OR MAINTENANCE OR SERVICES OF ANY KIND. 18 (II) THE DISCLOSURE STATEMENT SHALL BE FILED WITH 19 THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION AND SHALL 20 BE OPEN TO INSPECTION BY THE PUBLIC AT THE OFFICE OF THE 21 COMMISSION DURING NORMAL BUSINESS HOURS OF THE COMMISSION 22 DURING THE TENURE OF THE MEMBER. 23 (B) FIDUCIARY RELATIONSHIP.--EACH MEMBER AND EXECUTIVE-LEVEL 24 EMPLOYEE OF THE COMMISSION SHALL SERVE AS A FIDUCIARY OF THE <-- 25 COMMONWEALTH COMMISSION. <-- 26 § 8204. CODE OF CONDUCT. 27 (A) CONTENTS.--THE COMMISSION SHALL ADOPT A COMPREHENSIVE 28 CODE OF CONDUCT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS <-- 29 SECTION. THE CODE OF CONDUCT SHALL SUPPLEMENT ALL OTHER 30 REQUIREMENTS UNDER THIS CHAPTER AND SHALL PROVIDE GUIDELINES 20070H1590B2342 - 256 -
1 APPLICABLE TO MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <-- 2 COMMISSION AND THE IMMEDIATE FAMILIES OF THE MEMBERS AND 3 EXECUTIVE-LEVEL EMPLOYEES OF THE COMMISSION TO ENABLE THEM TO <-- 4 AVOID ANY PERCEIVED OR ACTUAL CONFLICT OF INTEREST AND TO 5 PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF 6 THE COMMISSION. AT A MINIMUM, THE CODE OF CONDUCT ADOPTED UNDER 7 THIS SECTION SHALL PROVIDE THAT: 8 (1) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE OF THE <-- 9 COMMISSION MAY ACCEPT ANY DISCOUNT, GIFT, GRATUITY, 10 COMPENSATION, TRAVEL, LODGING OR OTHER THING OF VALUE, IN <-- 11 EXCESS OF THE LIMITS UNDER 65 PA.C.S. § 1105(B)(6) AND (7) 12 (RELATING TO STATEMENT OF FINANCIAL INTERESTS) DIRECTLY OR 13 INDIRECTLY, FROM ANY FACILITY OR BUSINESS WITH WHICH THE 14 COMMISSION HAS A CONTRACTUAL RELATIONSHIP. 15 (2) MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <-- 16 COMMISSION SHALL REFRAIN FROM ANY FINANCIAL OR BUSINESS 17 DEALING WHICH WOULD REFLECT ADVERSELY ON AFFECT THE MEMBER'S <-- 18 OBJECTIVITY, IMPARTIALITY OR INDEPENDENCE OF JUDGMENT. 19 (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY USE 20 THE PROMISE OF BUSINESS WITH THE COMMISSION TO SOLICIT 21 FUNDS FOR ANY CHARITABLE, EDUCATIONAL, RELIGIOUS, HEALTH, 22 FRATERNAL, CIVIC OR OTHER NONPROFIT ENTITY. 23 (II) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SERVE 24 AS AN OFFICER, EMPLOYEE OR MEMBER OF THE GOVERNING BODY 25 OF A NONPROFIT ENTITY AND MAY ATTEND, MAKE PERSONAL 26 CONTRIBUTIONS TO AND PLAN OR PRESIDE OVER THE ENTITY'S 27 FUNDRAISING EVENTS. 28 (III) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY 29 PERMIT HIS NAME TO APPEAR ON THE LETTERHEAD USED FOR 30 FUNDRAISING EVENTS IF THE LETTERHEAD CONTAINS ONLY THE 20070H1590B2342 - 257 -
1 MEMBER'S NAME AND POSITION WITH THE NONPROFIT ENTITY. 2 (4) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE NOR THE 3 IMMEDIATE FAMILY OF SUCH PERSON, SHALL PARTICIPATE IN ANY 4 HEARING OR PROCEEDING DELIBERATIONS OR VOTE OF THE COMMISSION <-- 5 IN WHICH THAT PERSON MAY HAVE A DIRECT OR INDIRECT PECUNIARY 6 INTEREST. 7 (5) (I) A MEMBER SHALL ABSTAIN FROM ANY VOTE OR 8 DECISION WHICH AUTHORIZES A CONTRACT IN WHICH THE MEMBER 9 HAS ANY PECUNIARY INTEREST. THE MEMBER SHALL DISCLOSE THE 10 INTEREST IN A PUBLIC MEETING PRIOR TO THE VOTE OR 11 DECISION. 12 (II) FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL 13 MAKE THE CONTRACT NULL AND VOID. 14 (6) NO FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY <-- 15 ACCEPT EMPLOYMENT WITH ANY FACILITY OR BUSINESS WITH WHICH <-- 16 THE COMMISSION DOES BUSINESS FOR A PERIOD OF ONE YEAR FROM 17 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. 18 RECEIVE ANY PECUNIARY BENEFIT FROM A CONTRACT BETWEEN THE <-- 19 COMMISSION AND THE EMPLOYER OF THE FORMER MEMBER OR 20 EXECUTIVE-LEVEL EMPLOYEE FOR A PERIOD OF ONE YEAR FROM THE 21 TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. NO 22 FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SOLICIT ANY 23 CONTRACTS WITH THE COMMISSION FOR A PERIOD OF ONE YEAR FROM 24 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. 25 (7) A MEMBER OF THE COMMISSION WHO HAS BEEN CONVICTED 26 DURING HIS TERM IN ANY DOMESTIC OR FOREIGN JURISDICTION OF A 27 FELONY OR A CRIME OF MORAL TURPITUDE SHALL, UPON CONVICTION, <-- 28 BE AUTOMATICALLY REMOVED FROM THE COMMISSION AND SHALL BE 29 INELIGIBLE TO BECOME A COMMISSION MEMBER IN THE FUTURE. 30 (8) NO MEMBER MAY SOLICIT, REQUEST, SUGGEST OR RECOMMEND 20070H1590B2342 - 258 -
1 THE EMPLOYMENT, BY EITHER THE COMMISSION OR A CONTRACTOR WITH 2 THE COMMISSION, OF ANY INDIVIDUAL RELATED WITHIN THE FIRST 3 DEGREE OF CONSANGUINITY TO THE MEMBER AS SET FORTH IN 23 4 PA.C.S. § 1304(E) (RELATING TO RESTRICTIONS ON ISSUANCE OF 5 LICENSE) OR THE SPOUSE OF THE INDIVIDUAL. 6 (B) AUDIT.-- 7 (1) AT LEAST ONCE EVERY FOUR YEARS, THE DEPARTMENT OF 8 THE AUDITOR GENERAL SHALL REVIEW THE PERFORMANCE, PROCEDURES, 9 OPERATING BUDGET, CAPITAL BUDGET AND DEBT OF THE COMMISSION 10 AND SHALL AUDIT, SETTLE AND ADJUST THE ACCOUNTS OF THE <-- 11 COMMISSION. 12 (2) THE AUDITOR GENERAL SHALL BE ENTITLED TO GO BEYOND 13 MERE FINANCIAL STATEMENTS, AND SHALL BE ENTITLED TO EXAMINE 14 ORIGINAL SOURCE DOCUMENTS AT SUCH TIME AS IS BELIEVED 15 NECESSARY OR MAY OTHERWISE EXAMINE ORIGINAL DOCUMENTS ON A 16 RANDOM BASIS DESIGNED TO ENSURE THE INTEGRITY OF THE AUDIT. 17 (3) THE PROVISIONS OF SECTION 706(D) OF THE ACT OF APRIL <-- 18 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE 19 OF 1929, SHALL APPLY TO ANY AUDIT CONDUCTED UNDER THIS 20 SUBSECTION. 21 § 8205. APPLICABILITY OF OTHER STATUTES. 22 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF 23 LAW, THE FOLLOWING ACTS SHALL APPLY TO THE COMMISSION UNDER THIS 24 CHAPTER: 25 (1) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED 26 TO AS THE RIGHT-TO-KNOW LAW. 27 (2) THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN 28 AS THE STATE ADVERSE INTEREST ACT. 29 (3) THE PROVISIONS OF 65 PA.C.S. CHS. 7 (RELATING TO 30 OPEN MEETINGS) AND 11 (RELATING TO ETHICS STANDARDS AND 20070H1590B2342 - 259 -
1 FINANCIAL DISCLOSURE). 2 (B) STATUS OF COMMISSION.--THE COMMISSION SHALL BE 3 CONSIDERED AN "AGENCY" FOR THE PURPOSES OF THE FOLLOWING: 4 (1) THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED 5 TO AS THE COMMONWEALTH DOCUMENTS LAW. 6 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 7 THE REGULATORY REVIEW ACT. 8 SECTION 5 4. SECTION 8901 OF TITLE 75 IS AMENDED TO READ: <-- 9 § 8901. DEFINITIONS. 10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 11 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 12 CONTEXT CLEARLY INDICATES OTHERWISE: 13 "ANNUAL ADDITIONAL RENT PAYMENTS." AS FOLLOWS: <-- 14 (1) DURING THE CONVERSION PERIOD AND AFTER THE 15 CONVERSION DATE, A SUM AN AMOUNT EQUAL TO THE SCHEDULED <-- 16 ANNUAL COMMISSION CONTRIBUTION, MINUS THE SUM OF: 17 (I) $200,000,000 PAID AS ANNUAL BASE PAYMENTS; 18 (II) ANY INTERSTATE 80 SAVINGS FOR THAT FISCAL YEAR. 19 (2) IF THE CONVERSION PERIOD HAS EXPIRED AND A 20 CONVERSION NOTICE HAS NOT BEEN RECEIVED BY THE SECRETARY, IN 21 EACH SUBSEQUENT FISCAL YEAR UNTIL THE END OF THE TERM OF THE 22 LEASE AGREEMENT THE ANNUAL ADDITIONAL PAYMENTS SHALL BE 23 $250,000,000. 24 "ANNUAL BASE PAYMENTS." AN AMOUNT EQUAL TO THE SUM OF THE 25 FOLLOWING: 26 (1) ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED 27 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) 28 PAYABLE AS REQUIRED PURSUANT TO THE BONDS. 29 (2) TWO HUNDRED MILLION DOLLARS PAYABLE ANNUALLY IN FOUR 30 EQUAL INSTALLMENTS EACH DUE THE LAST BUSINESS DAY OF EACH 20070H1590B2342 - 260 -
1 JULY, OCTOBER, JANUARY AND APRIL. 2 "ANNUAL SURPLUS PAYMENTS." AN AMOUNT EQUAL TO THE GENERAL 3 RESERVE FUND SURPLUS PAYABLE FOR EACH FISCAL YEAR UNTIL THE END 4 OF THE TERM OF THE LEASE AGREEMENT. 5 "AUDITOR GENERAL'S CERTIFICATE." THE CERTIFICATE ISSUED BY 6 THE AUDITOR GENERAL WITHIN 180 DAYS AFTER THE END OF EACH FISCAL 7 YEAR OF THE PENNSYLVANIA TURNPIKE COMMISSION CERTIFYING ALL OF 8 THE FOLLOWING: 9 (1) THE AMOUNT OF THE GENERAL RESERVE FUND SURPLUS FOR 10 THE FISCAL YEAR. 11 (2) AFTER REVIEW OF THE COMMISSION'S CURRENT TEN-YEAR 12 CAPITAL PLAN, THAT THE TRANSFER OF THE GENERAL RESERVE FUND 13 SURPLUS UNDER SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 14 80) 80; RELATED AGREEMENTS) SHALL NOT IMPAIR THE ABILITY OF <-- 15 THE COMMISSION TO MEET ITS OBLIGATIONS UNDER THE LEASE 16 AGREEMENT OR THE COMMISSION'S TEN-YEAR CAPITAL PLAN. 17 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 18 "CONVERSION DATE." THE DATE SET FORTH IN THE CONVERSION 19 NOTICE WHEN THE PENNSYLVANIA TURNPIKE COMMISSION INTENDS TO 20 EXERCISE ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD. 21 "CONVERSION NOTICE." WRITTEN NOTICE TO THE SECRETARY OF 22 TRANSPORTATION FROM THE PENNSYLVANIA TURNPIKE COMMISSION 23 PROVIDING NOTICE OF ITS INTENT TO ASSUME CONTROL OVER EXERCISE <-- 24 ITS OPTIONS TO CONVERT INTERSTATE 80 UNDER SECTION 8915.3(3) 25 (RELATING TO LEASE OF INTERSTATE 80). 26 "CONVERSION PERIOD." A PERIOD OF THREE YEARS: 27 (1) WHICH BEGINS ON THE DATE OF EXECUTION OF THE LEASE 28 AGREEMENT; AND 29 (2) DURING WHICH THE PENNSYLVANIA TURNPIKE COMMISSION 30 MAY GIVE THE DEPARTMENT OF TRANSPORTATION CONVERSION NOTICE 20070H1590B2342 - 261 -
1 OR NOTICE THAT THE COMMISSION HAS EXERCISED ITS OPTION TO 2 EXTEND THE CONVERSION PERIOD PURSUANT TO SECTION 8915.3(2) 3 (RELATING TO LEASE OF INTERSTATE 80). 4 "FISCAL YEAR." THE FISCAL YEAR OF THE COMMONWEALTH. 5 "GENERAL RESERVE FUND SURPLUS." THE AMOUNT WHICH: 6 (1) IS CERTIFIED BY THE AUDITOR GENERAL IN THE AUDITOR 7 GENERAL'S CERTIFICATE AS EXISTING IN THE PENNSYLVANIA 8 TURNPIKE COMMISSION'S GENERAL RESERVE FUND ON THE LAST DAY OF 9 THE FISCAL YEAR OF THE COMMISSION; AND <-- 10 (2) IS NOT REQUIRED TO BE RETAINED IN THE GENERAL 11 RESERVE FUND PURSUANT TO ANY FINANCIAL DOCUMENTS, FINANCIAL 12 COVENANTS, INSURANCE POLICIES, LIQUIDITY POLICIES OR 13 AGREEMENTS IN EFFECT AT THE COMMISSION. 14 "INTERSTATE 80 SAVINGS." AN AMOUNT EQUAL TO THE FOLLOWING: 15 (1) PRIOR TO THE CONVERSION DATE, THE AMOUNT SHALL BE 16 ZERO. 17 (2) IN THE FIRST FISCAL YEAR INCLUDING THE CONVERSION 18 DATE, THE AMOUNT SHALL BE A PRO RATA SHARE OF $116,985,856 19 CALCULATED USING THE NUMBER OF CALENDAR DAYS IN THE YEAR 20 AFTER THE CONVERSION DATE DIVIDED BY 365 DAYS. 21 (3) IN THE FISCAL YEAR SUCCEEDING THE YEAR INCLUDING THE 22 CONVERSION DATE, THE AMOUNT SHALL BE $121,665,290. 23 (4) IN SUBSEQUENT FISCAL YEARS, THE AMOUNT SHALL BE THE 24 AMOUNT CALCULATED FOR THE PREVIOUS YEAR INCREASED BY 4%. 25 "LEASE AGREEMENT." A LEASE AGREEMENT BETWEEN THE DEPARTMENT 26 OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION WHICH 27 SHALL INCLUDE PROVISIONS SETTING FORTH THE TERMS OF THE 28 CONVERSION OF INTERSTATE 80 TO A TOLL ROAD. 29 "SCHEDULED ANNUAL COMMISSION CONTRIBUTION." THE FOLLOWING 30 AMOUNTS: 20070H1590B2342 - 262 -
1 (1) $700,000,000 $750,000,000 IN FISCAL YEAR 2007-2008. <-- 2 (2) $850,000,000 IN FISCAL YEAR 2008-2009. 3 (3) $900,000,000 IN FISCAL YEAR 2009-2010. 4 (4) FOR FISCAL YEAR 2010-2011, AND EACH FISCAL YEAR 5 THEREAFTER, THE AMOUNT SHALL BE THE AMOUNT CALCULATED FOR THE 6 PREVIOUS YEAR INCREASED BY 2.5%, EXCEPT THAT THE AMOUNT SHALL 7 BE EQUAL TO THE ANNUAL BASE PAYMENTS PLUS $250,000,000 IF THE 8 CONVERSION NOTICE IS NOT RECEIVED BY THE SECRETARY PRIOR TO 9 THE EXPIRATION OF THE CONVERSION PERIOD. 10 SECTION 6 5. SECTION 8911 INTRODUCTORY PARAGRAPH OF TITLE 75 <-- 11 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO 12 READ: 13 § 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS. 14 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 15 THIS COMMONWEALTH, THE COMMISSION IS HEREBY AUTHORIZED AND 16 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS 17 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND 18 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND 19 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS, 20 STORM WATER MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, 21 TUNNELS AND BRIDGES, SUBJECT TO THE WAIVER OF THE FEDERAL TOLL 22 PROHIBITION PROVISIONS WHERE APPLICABLE, AS FOLLOWS: 23 * * * 24 (10) OTHER SLIP RAMPS AND INTERCHANGES AS THE COMMISSION 25 MAY DETERMINE. 26 SECTION 7 6. SECTION 8915 INTRODUCTORY PARAGRAPH OF TITLE 75 <-- 27 IS AMENDED TO READ: 28 § 8915. CONVERSION TO TOLL ROADS. 29 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 30 THIS COMMONWEALTH, AND [AFTER] TO FACILITATE THE COMPLETION OF 20070H1590B2342 - 263 -
1 THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTION 2 8911 (RELATING TO IMPROVEMENT AND EXTENSION AUTHORIZATIONS), AND 3 SUBJECT TO PRIOR LEGISLATIVE APPROVAL BY THE GENERAL ASSEMBLY 4 AND THE UNITED STATES CONGRESS, THE COMMISSION IS HEREBY 5 AUTHORIZED AND EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS 6 OF PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY [BE REQUIRED 7 IN ORDER TO] FACILITATE THE COMPLETION OF THE TURNPIKE 8 EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTIONS 8912 9 (RELATING TO SUBSEQUENT EXTENSION AUTHORIZATIONS), 8913 10 (RELATING TO ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS) AND 11 8914 (RELATING TO FURTHER SUBSEQUENT AUTHORIZATIONS) AND TO 12 OPERATE AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS 13 UPON THE APPROVAL BY THE CONGRESS OF THE UNITED STATES OF 14 AMERICA AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF 15 LEGISLATION EXPRESSLY PERMITTING THE CONVERSION OF SUCH 16 INTERSTATES TO TOLL ROADS. SUCH CONVERSIONS SHALL TAKE PLACE AT 17 A TIME AND MANNER SET FORTH IN THE PLAN FOR THE CONVERSION 18 PREPARED BY THE COMMISSION WITH THE COOPERATION OF THE 19 DEPARTMENT. THE PROVISIONS AUTHORIZING THE COMMISSION TO 20 CONSTRUCT, OPERATE AND MAINTAIN THE TURNPIKE ROUTES IN SECTIONS 21 8911, 8912 AND 8913 SHALL BE SUBJECT TO: 22 * * * 23 SECTION 8 7. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <-- 24 § 8915.1. CONVERSION OF INTERSTATE 80. 25 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 26 COMMONWEALTH, THE COMMISSION IS AUTHORIZED AND EMPOWERED TO DO 27 ALL OF THE FOLLOWING: 28 (1) CONVERT INTERSTATE 80 TO A TOLL ROAD AND MAINTAIN 29 AND OPERATE IT AS A TOLL ROAD. 30 (2) CONSTRUCT, RECONSTRUCT, WIDEN, EXPAND, EXTEND, 20070H1590B2342 - 264 -
1 OPERATE, MAINTAIN AND MAINTAIN AND OPERATE INTERSTATE 80 FROM <-- 2 A POINT AT OR NEAR THE OHIO BORDER TO A POINT AT OR NEAR THE 3 NEW JERSEY BORDER, TOGETHER WITH CONNECTING ROADS, 4 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES. 5 (3) ISSUE TURNPIKE REVENUE BONDS, NOTES OR OTHER 6 OBLIGATIONS, PAYABLE SOLELY FROM REVENUES OF THE COMMISSION, 7 INCLUDING TOLLS, OR FROM FUNDS AS MAY BE AVAILABLE TO THE 8 COMMISSION FOR THAT PURPOSE, TO PAY THE COST OF CONSTRUCTION, 9 RECONSTRUCTING, WIDENING, EXPANDING OR EXTENDING INTERSTATE <-- 10 80 OR ANY OTHER COSTS OF INTERSTATE 80 AND THE PENNSYLVANIA 11 TURNPIKE. 12 (4) PROVIDE QUARTERLY REPORTS AND PERIODIC UPDATES <-- 13 REGARDING SIGNIFICANT DEVELOPMENTS WITH RESPECT TO THE 14 CONVERSION OF INTERSTATE 80 TO THE CHAIRMAN AND MINORITY 15 CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE SENATE AND 16 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE TRANSPORTATION 17 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THESE REPORTS 18 SHALL INCLUDE, AT A MINIMUM, THE STATUS OF OUTSTANDING 19 DISCUSSIONS WITH THE UNITED STATES DEPARTMENT OF 20 TRANSPORTATION REGARDING INTERSTATE 80, THE LOCATION AND 21 CONSTRUCTION OF TOLLING-RELATED EQUIPMENT FOR INTERSTATE 80, 22 PLANNED CAPITAL IMPROVEMENTS FOR INTERSTATE 80 AND OTHER 23 INFORMATION IMPORTANT TO IMPLEMENTATION OF THIS SECTION. 24 § 8915.2. APPLICATION TO UNITED STATES DEPARTMENT OF 25 TRANSPORTATION. 26 (A) APPLICATION.--THE COMMISSION, IN CONSULTATION WITH THE 27 DEPARTMENT AND AT ITS OWN EXPENSE, IS AUTHORIZED TO PREPARE AND 28 SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 29 TRANSPORTATION FOR THE CONVERSION OF INTERSTATE 80 TO A TOLL 30 ROAD. THE SECRETARY SHALL ENSURE THAT ALL INFORMATION REQUIRED 20070H1590B2342 - 265 -
1 FOR THE APPLICATION IS MADE AVAILABLE TO THE COMMISSION AS SOON 2 AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTION. 3 (B) OPEN SYSTEM.--A TOLL SYSTEM SHALL CONSIST OF WHAT IS 4 COMMONLY REFERRED TO AS AN OPEN SYSTEM WITH NO MORE THAN TEN 5 TOLL COLLECTION POINTS. 6 (C) OTHER AGREEMENTS.--THE COMMISSION AND THE DEPARTMENT MAY 7 ENTER INTO ANY OTHER AGREEMENTS AS MAY BE NECESSARY TO 8 EFFECTUATE THE EXECUTION OF THE APPLICATION FILED UNDER THIS 9 SECTION. 10 § 8915.3. LEASE OF INTERSTATE 80; RELATED AGREEMENTS. 11 THE DEPARTMENT AND THE COMMISSION SHALL ENTER INTO A LEASE 12 AGREEMENT RELATING TO INTERSTATE 80 PRIOR TO OCTOBER 15, 2007. 13 THE LEASE AGREEMENT SHALL INCLUDE PROVISIONS SETTING FORTH THE 14 TERMS AND CONDITIONS OF THE CONVERSION OF INTERSTATE 80 TO A 15 TOLL ROAD. THE LEASE AGREEMENT AND ANY RELATED AGREEMENT, AT A 16 MINIMUM, SHALL INCLUDE THE FOLLOWING: 17 (1) A PROVISION THAT THE TERM OF THE LEASE AGREEMENT 18 SHALL BE 50 YEARS, UNLESS EXTENDED UPON MUTUAL AGREEMENT OF 19 THE PARTIES TO THE LEASE AGREEMENT AND UPON APPROVAL OF THE <-- 20 GENERAL ASSEMBLY. 21 (2) A PROVISION ESTABLISHING A THE CONVERSION PERIOD AND <-- 22 AUTHORIZING EXTENSION OF THE CONVERSION PERIOD AT THE SOLE 23 OPTION OF THE COMMISSION FOR THREE ONE-YEAR EXTENSION PERIODS 24 AFTER CONSULTATION WITH THE SECRETARY. THE COMMISSION SHALL 25 NOTIFY THE SECRETARY OF ITS INTENT TO EXTEND THE CONVERSION 26 PERIOD NOT LESS THAN 90 DAYS BEFORE THE SCHEDULED EXPIRATION 27 OF THE CONVERSION PERIOD. DURING THE CONVERSION PERIOD, ALL 28 LEGAL, FINANCIAL AND OPERATIONAL RESPONSIBILITY FOR 29 INTERSTATE 80 SHALL REMAIN WITH THE DEPARTMENT. ALL 30 OPERATIONS AND PROGRAMMED REHABILITATION SHALL BE MAINTAINED 20070H1590B2342 - 266 -
1 AT LEVELS NO LESS FAVORABLE THAN THOSE SET FORTH IN THE 2 DEPARTMENT'S 12-YEAR PLAN AT THE TIME OF THE EXECUTION OF THE 3 LEASE, WITH MODIFICATIONS AS ARE APPROVED IN WRITING BY THE 4 CHAIRMAN OF THE COMMISSION. 5 (3) A PROVISION PERMITTING THE COMMISSION TO EXERCISE 6 ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD PRIOR TO 7 THE EXPIRATION OF THE CONVERSION PERIOD BY PROVIDING THE 8 CONVERSION NOTICE TO THE SECRETARY. BEGINNING ON THE 9 CONVERSION DATE, ALL LEGAL, FINANCIAL AND OPERATIONAL 10 RESPONSIBILITY FOR INTERSTATE 80, AS WELL AS ALL TOLL 11 REVENUES SUBSEQUENTLY COLLECTED WITH RESPECT TO ITS USE, 12 SHALL AUTOMATICALLY TRANSFER TO THE COMMISSION. THE 13 SECRETARY, WITHIN FIVE BUSINESS DAYS AFTER RECEIVING THE 14 CONVERSION NOTICE, SHALL FORWARD NOTICE OF THE CONVERSION 15 DATE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN 16 THE PENNSYLVANIA BULLETIN. ANY REVENUES COLLECTED PRIOR TO 17 THE CONVERSION DATE SHALL BE RETAINED BY THE DEPARTMENT. THE 18 COMMISSION MAY SHALL MAY CONTRACT WITH THE DEPARTMENT FOR ANY <-- 19 PORTION OF THE MAINTENANCE OF INTERSTATE 80 AT COST LEVELS 20 AGREED TO BY THE DEPARTMENT AND THE COMMISSION. 21 (4) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 22 BASE PAYMENTS TO THE DEPARTMENT DURING THE TERM OF THE LEASE 23 AGREEMENT. 24 (5) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 25 ADDITIONAL PAYMENTS TO THE DEPARTMENT. THE ANNUAL ADDITIONAL 26 PAYMENTS SHALL BE PAYABLE IN FOUR EQUAL INSTALLMENTS ON THE 27 LAST BUSINESS DAY OF EACH JULY, OCTOBER, JANUARY AND APRIL OF 28 EACH YEAR DURING THE TERM OF THE LEASE AGREEMENT. 29 (6) A PROVISION REQUIRING THE COMMISSION TO PAY, 30 COMMENCING IN THE FISCAL YEAR INCLUDING THE CONVERSION DATE, 20070H1590B2342 - 267 -
1 ANNUAL SURPLUS PAYMENTS TO THE DEPARTMENT. THE ANNUAL SURPLUS 2 PAYMENTS SHALL BE PAYABLE BY THE COMMISSION WITHIN 30 DAYS OF 3 RECEIPT BY THE COMMISSION OF THE AUDITOR GENERAL'S 4 CERTIFICATE. 5 (7) A PROVISION STATING THAT THE OBLIGATION OF THE 6 COMMISSION TO PAY THE ANNUAL BASE PAYMENTS, THE ANNUAL 7 ADDITIONAL PAYMENTS AND ANNUAL SURPLUS PAYMENTS SHALL BE A 8 SUBORDINATE OBLIGATION OF THE COMMISSION PAYABLE FROM AMOUNTS 9 IN THE GENERAL RESERVE FUND OF THE COMMISSION ONLY AS 10 PERMITTED BY ANY FINANCING DOCUMENTS, FINANCIAL COVENANTS, 11 LIQUIDITY POLICIES OR AGREEMENTS IN EFFECT AT THE COMMISSION. 12 § 8915.4. INITIAL PAYMENT. 13 (A) COMMISSION PAYMENT REQUIRED.--WITHIN 20 DAYS AFTER THE 14 EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL PAY TO THE 15 DEPARTMENT AN AMOUNT EQUAL TO $62,500,000, WHICH SHALL BE 16 DEPOSITED INTO THE PUBLIC TRANSPORTATION TRUST FUND. THE AMOUNT 17 PAID SHALL REPRESENT 25% OF THE AMOUNT THE DEPARTMENT IS 18 REQUIRED TO DEPOSIT INTO THE PUBLIC TRANSPORTATION TRUST FUND 19 UNDER 74 PA.C.S. § 1506(B)(1)(I)(A) (RELATING TO FUND) AND IS <-- 20 PAYABLE BY THE COMMISSION UNDER THE LEASE AGREEMENT. REQUIRED TO <-- 21 BE EXECUTED BETWEEN THE COMMISSION AND THE DEPARTMENT UNDER 22 SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 80). 23 (B) USE OF PAYMENT.--THE DEPARTMENT SHALL ALLOCATE THE FUNDS 24 RECEIVED UNDER SUBSECTION (A) AS PRESCRIBED UNDER 74 PA.C.S. § <-- 25 1506 PURSUANT TO 74 PA.C.S. CH. 15 (RELATING TO SUSTAINABLE <-- 26 MOBILITY OPTIONS). 27 (C) CREDITS.--THE PAYMENT MADE BY THE COMMISSION UNDER THIS 28 SECTION SHALL BE CREDITED AGAINST THE TOTAL AMOUNT OWED PAYABLE <-- 29 BY THE COMMISSION UNDER THE LEASE AGREEMENT FOR THE 2007-2008 30 FISCAL YEAR. 20070H1590B2342 - 268 -
1 § 8915.5. OTHER INTERSTATE HIGHWAYS. 2 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 3 COMMONWEALTH AND PURSUANT TO THE AUTHORITY GRANTED UNDER THIS 4 CHAPTER, THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO: 5 (1) AT ITS OWN EXPENSE AND IN CONSULTATION WITH THE 6 DEPARTMENT, PREPARE A CONSULTING CIVIL ENGINEER REPORT AND 7 FINANCIAL ANALYSIS WITH RESPECT TO THE FEASIBILITY OF 8 CONVERTING ANY INTERSTATE HIGHWAY OR INTERSTATE HIGHWAY 9 SEGMENT TO A TOLL ROAD OR ADDING TO SAID INTERSTATES 10 ADDITIONAL CAPACITY PROJECTS FINANCED BY TOLLS; AND 11 (2) AT ITS OWN EXPENSE, AND IN CONSULTATION WITH THE 12 DEPARTMENT AND WITH APPROVAL OF THE GENERAL ASSEMBLY, PREPARE 13 AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 14 TRANSPORTATION FOR THE CONVERSION OF ANY INTERSTATE OR 15 INTERSTATE SEGMENT DETERMINED TO BE ELIGIBLE FOR CONVERSION 16 TO A TOLL ROAD UNDER ANY APPLICABLE FEDERAL PROGRAM. 17 § 8915.6. DEPOSIT AND DISTRIBUTION OF FUNDS. 18 (A) DEPOSITS.--THE UPON RECEIPT BY THE DEPARTMENT, THE <-- 19 FOLLOWING AMOUNTS FROM THE SCHEDULED ANNUAL COMMISSION 20 CONTRIBUTION SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND: 21 (1) FOR FISCAL YEAR 2007-2008, $450,000,000. 22 (2) FOR FISCAL YEAR 2008-2009, $500,000,000. 23 (3) FOR FISCAL YEAR 2009-2010, $500,000,000. 24 (4) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL YEAR 25 THEREAFTER, THE AMOUNT CALCULATED FOR THE PREVIOUS YEAR 26 INCREASED BY 2.5%. 27 (B) DISTRIBUTION.--THE FOLLOWING SHALL APPLY: 28 (1) ANNUALLY, 15% OF THE AMOUNT DEPOSITED IN ANY FISCAL 29 YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED AT THE 30 DISCRETION OF THE SECRETARY. 20070H1590B2342 - 269 -
1 (2) ANNUALLY, $5,000,000 OF THE AMOUNT DEPOSITED IN ANY 2 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 3 COUNTIES. 4 (I) THE DISTRIBUTION SHALL BE IN THE RATIO OF: 5 (A) THE SQUARE FOOTAGE OF DECK AREA OF A 6 COUNTY'S COUNTY-OWNED BRIDGES; TO 7 (B) THE TOTAL SQUARE FOOTAGE OF DECK AREA OF 8 COUNTY-OWNED BRIDGES THROUGHOUT THIS COMMONWEALTH. 9 (II) THE AMOUNT OF SQUARE FOOTAGE UNDER SUBPARAGRAPH 10 (I) SHALL BE THAT REPORTED AS PART OF THE NATIONAL BRIDGE 11 INSPECTION STANDARDS PROGRAM. 12 (3) ANNUALLY, $30,000,000 OF THE AMOUNT DEPOSITED IN ANY 13 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 14 MUNICIPALITIES PURSUANT TO THE ACT OF JUNE 1, 1956 (1955 15 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX 16 MUNICIPAL ALLOCATION LAW. 17 (4) ANY FUNDS DEPOSITED UNDER SUBSECTION (A) BUT NOT 18 DISTRIBUTED UNDER PARAGRAPHS (1), (2) AND (3) SHALL BE 19 DISTRIBUTED IN ACCORDANCE WITH NEEDS-BASED FORMULAS THAT ARE 20 DEVELOPED AND SUBJECT TO PERIODIC REVISION BASED ON 21 CONSULTATION AND COLLABORATION AMONG METROPOLITAN PLANNING 22 ORGANIZATIONS, RURAL PLANNING ORGANIZATIONS AND THE 23 DEPARTMENT. 24 (C) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 25 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 26 SUBSECTION, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 27 "METROPOLITAN PLANNING ORGANIZATION." THE POLICY BOARD OF AN 28 ORGANIZATION CREATED AND DESIGNATED TO CARRY OUT THE 29 METROPOLITAN TRANSPORTATION PLANNING PROCESS. 30 "RURAL PLANNING ORGANIZATION." THE ORGANIZATION OF COUNTIES 20070H1590B2342 - 270 -
1 WITH POPULATIONS OF LESS THAN 50,000 CREATED AND DESIGNATED AS 2 LOCAL DEVELOPMENT DISTRICTS AND WHICH CARRY OUT THE RURAL 3 TRANSPORTATION PLANNING PROCESS. 4 § 8915.7. IMPACT ON ASSOCIATED HIGHWAYS AND LOCAL ROADS. <-- 5 PRIOR TO THE CONVERSION DATE AND WITHIN ONE YEAR FOLLOWING 6 THE CONVERSION DATE, THE COMMISSION, IN COLLABORATION WITH THE 7 DEPARTMENT, SHALL CONDUCT TRAFFIC STUDIES TO DETERMINE THE 8 AVERAGE DAILY TRAFFIC ON ASSOCIATED ROADS AND HIGHWAYS. THE 9 PURPOSE OF THESE STUDIES WILL BE TO QUANTIFY ANY DIVERSION OF 10 TRAFFIC FROM INTERSTATE 80 TO OTHER ROADWAYS AS A RESULT OF THE 11 CONVERSION. THIS SECTION SHALL NOT REQUIRE DUPLICATION OF 12 TRAFFIC STUDIES UNDERTAKEN BY THE COMMISSION AS A PART OF THE 13 CONVERSION PROCESS OR UNDERTAKEN BY THE DEPARTMENT AS A NORMAL 14 COURSE OF THE DEPARTMENT'S OPERATIONS. 15 § 8917. FINANCIAL PLAN. 16 (A) SUBMISSION.-- 17 (1) NO LATER THAN APRIL JUNE 1 OF EACH YEAR, THE <-- 18 COMMISSION SHALL PREPARE AND PROVIDE TO THE SECRETARY OF THE 19 BUDGET A FINANCIAL PLAN FOR THE ENSUING FISCAL YEAR OF THE 20 COMMISSION THAT DESCRIBES THE COMMISSION'S PROPOSED: 21 (I) OPERATING AND CAPITAL EXPENDITURES; 22 (II) BORROWINGS; 23 (III) LIQUIDITY AND OTHER FINANCIAL MANAGEMENT 24 COVENANTS AND POLICIES; 25 (IV) ESTIMATED TOLL RATES; AND 26 (V) ALL OTHER REVENUES AND EXPENDITURES. 27 (2) THE FINANCIAL PLAN SHALL DEMONSTRATE THAT THE 28 OPERATION OF THE COMMISSION IN ACCORDANCE WITH THE PLAN CAN 29 REASONABLY BE ANTICIPATED TO RESULT IN THE COMMISSION HAVING 30 UNENCUMBERED FUNDS DURING THE ENSUING AND FUTURE FISCAL YEARS 20070H1590B2342 - 271 -
1 OF THE COMMISSION SUFFICIENT TO MAKE THE PAYMENTS DUE TO THE 2 DEPARTMENT UNDER THIS CHAPTER AND THE LEASE AGREEMENT FOR THE 3 ENSUING AND FUTURE FISCAL YEARS AFTER ALL OTHER OBLIGATIONS 4 OF THE COMMISSION HAVE BEEN MET. FINANCIAL PLANS PREPARED 5 AFTER APRIL JUNE 1, 2008, SHALL ALSO DESCRIBE ANY DEVIATIONS <-- 6 THAT OCCURRED FROM THE FINANCIAL PLAN FOR THE PRIOR FISCAL 7 YEAR OF THE COMMISSION AND THE REASONS FOR THE DEVIATIONS. 8 (B) RECEIPT.--IF THE SECRETARY OF THE BUDGET RECEIVES THE 9 FINANCIAL PLAN BY THE DATE REQUIRED UNDER SUBSECTION (A), THE 10 COMMISSION SHALL BE AUTHORIZED TO CONDUCT ITS OPERATIONS IN 11 ACCORDANCE WITH THE PLAN. THE FINANCIAL PLAN MAY NOT BE AMENDED 12 BY THE COMMISSION UNLESS THE COMMISSION NOTIFIES THE SECRETARY 13 IN WRITING OF THE AMENDMENT. 14 (C) COOPERATION.--THE COMMISSION SHALL PROVIDE TO THE 15 SECRETARY OF THE BUDGET ALL INFORMATION REQUESTED IN CONNECTION 16 WITH REVIEW OF A FINANCIAL PLAN, INCLUDING MATERIALS USED TO 17 PREPARE THE PLAN. THE INFORMATION SHALL BE PROVIDED AS SOON AS 18 PRACTICABLE AFTER THE REQUEST. 19 (D) EFFECT OF PROVISIONS.--NOTHING IN THIS SECTION OR <-- 20 SECTION 8918 (RELATING TO FAILURE TO PERFORM) SHALL BE DEEMED TO 21 PREVENT THE COMMISSION FROM CONDUCTING ITS NORMAL COURSE OF 22 BUSINESS OR PREVENT THE COMMISSION FROM COMPLYING WITH ANY 23 COVENANTS MADE TO CURRENT BONDHOLDERS, DEBT HOLDERS OR <-- 24 CREDITORS. 25 (E) LEASE AGREEMENT.--THE PROVISIONS OF THIS SECTION AND 26 SECTION 8918 SHALL BE INCLUDED IN THE LEASE AGREEMENT. 27 § 8918. FAILURE TO PERFORM. 28 (A) NOTICE.--THE SECRETARY OF THE BUDGET SHALL SEND WRITTEN 29 NOTICE TO THE COMMISSION AND TO THE GOVERNOR OF THE FAILURE OF 30 THE COMMISSION TO DO ANY OF THE FOLLOWING: 20070H1590B2342 - 272 -
1 (1) MAKE A PAYMENT TO THE DEPARTMENT UNDER THIS CHAPTER 2 OR THE LEASE AGREEMENT. 3 (2) DELIVER A FINANCIAL PLAN TO THE SECRETARY OF THE 4 BUDGET WITHIN THE TIME PRESCRIBED UNDER SECTION 8917 5 (RELATING TO FINANCIAL PLAN). 6 (B) UNANIMOUS VOTE REQUIRED.-- 7 (1) UPON EXCEPT AS PROVIDED UNDER PARAGRAPH (1.1), UPON <-- 8 THE RECEIPT BY THE COMMISSION OF THE NOTICE UNDER SUBSECTION 9 (A) AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ACTION OF 10 THE COMMISSION TAKEN BY VOTE OF THE COMMISSIONERS SHALL 11 REQUIRE A UNANIMOUS VOTE OF ALL COMMISSIONERS. VIOLATION OF 12 THIS PARAGRAPH SHALL RENDER THE ACTION INVALID. 13 (1.1) A UNANIMOUS VOTE SHALL NOT BE REQUIRED IF IT WOULD <-- 14 PREVENT THE COMMISSION FROM COMPLYING WITH ANY COVENANTS MADE 15 TO CURRENT BONDHOLDERS, DEBT HOLDERS OR CREDITORS. 16 (2) THE REQUIREMENT OF PARAGRAPH (1) SHALL CONTINUE 17 UNTIL: 18 (I) THE REQUIRED PAYMENTS HAVE BEEN MADE TO THE 19 DEPARTMENT OR THE REQUIRED FINANCIAL PLAN HAS BEEN 20 DELIVERED; AND 21 (II) THE SECRETARY OF THE BUDGET HAS NOTIFIED THE 22 COMMISSION AND THE GOVERNOR OF THAT FACT. 23 SECTION 9. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <-- 24 § 9501. DEFINITIONS. 25 THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS CHAPTER SHALL 26 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE 27 CONTEXT CLEARLY INDICATES OTHERWISE: 28 "ACT 3." THE ACT OF APRIL 17, 1997 (P.L.6, NO.3), ENTITLED, 29 "AN ACT AMENDING TITLES 74 (TRANSPORTATION) AND 75 (VEHICLES) OF 30 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 20070H1590B2342 - 273 -
1 ANNUAL APPROPRIATION AND COMPUTATION OF SUBSIDY AND FOR 2 DISTRIBUTION OF FUNDING; PROVIDING FOR DISTRIBUTION OF 3 SUPPLEMENTAL FUNDING; FURTHER PROVIDING FOR USE OF FUNDS 4 DISTRIBUTED; PROVIDING FOR PUBLIC TRANSPORTATION GRANTS 5 MANAGEMENT ACCOUNTABILITY, FOR COMPETITIVE PROCUREMENT AND FOR 6 THE PUBLIC TRANSPORTATION ASSISTANCE FUND; FURTHER PROVIDING FOR 7 PERIOD OF REGISTRATION, FOR DUTIES OF AGENTS, FOR REGISTRATION 8 AND OTHER FEES, FOR REQUIREMENTS FOR PERIODIC INSPECTION OF 9 VEHICLES, FOR LIMITS ON NUMBER OF TOWED VEHICLES, FOR OPERATION 10 OF CERTAIN COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS AND FOR 11 WIDTH AND LENGTH OF VEHICLES; PROVIDING FOR LIQUID FUELS AND 12 FUELS PERMITS AND BOND OR DEPOSIT OF SECURITIES, FOR IMPOSITION 13 OF LIQUID FUELS AND FUELS TAX, FOR TAXPAYER, FOR DISTRIBUTOR'S 14 REPORT AND PAYMENT OF TAX, FOR DETERMINATION OF TAX, PENALTIES 15 AND INTEREST, FOR EXAMINATION OF RECORDS AND EQUIPMENT, FOR 16 RETENTION OF RECORDS BY DISTRIBUTORS AND DEALERS, FOR 17 DISPOSITION AND USE OF TAX, FOR DISCONTINUANCE OR TRANSFER OF 18 BUSINESS, FOR SUSPENSION OR REVOCATION OF PERMITS, FOR LIEN OF 19 TAXES, PENALTIES AND INTEREST, FOR COLLECTION OF UNPAID TAXES, 20 FOR REPORTS FROM COMMON CARRIERS, FOR VIOLATIONS AND REWARD FOR 21 DETECTION OF VIOLATIONS, FOR REFUNDS, FOR DIESEL FUEL IMPORTERS 22 AND TRANSPORTERS, FOR PROHIBITING USE OF DYED DIESEL FUEL, FOR 23 DISPOSITION OF FEES, FINES AND FORFEITURES, FOR CERTIFIED COPIES 24 OF RECORDS AND FOR UNCOLLECTIBLE CHECKS; FURTHER PROVIDING FOR 25 DISTRIBUTION OF STATE HIGHWAY MAINTENANCE FUNDS AND FOR 26 STANDARDS AND METHODOLOGY FOR DATA COLLECTION; PROVIDING FOR 27 DIRT AND GRAVEL ROAD MAINTENANCE; FURTHER PROVIDING FOR 28 IMPOSITION OF TAX AND ADDITIONAL TAX; PROVIDING FOR TAX ON 29 ALTERNATIVE FUELS; FURTHER PROVIDING FOR DISPOSITION OF TAX 30 REVENUE; MAKING AN APPROPRIATION; AND MAKING REPEALS." 20070H1590B2342 - 274 -
1 "ANNUAL DEBT SERVICE PAYMENTS." THE ANNUAL DEBT SERVICE 2 PAYMENTS ON THE BONDS ISSUED UNDER SECTION 9511.2 (RELATING TO 3 SPECIAL REVENUE BONDS) AND PAYABLE BY THE COMMISSION TO THE 4 DEPARTMENT AS PART OF ANNUAL BASE PAYMENTS AS DEFINED UNDER 75 5 PA.C.S. § 8901 (RELATING TO DEFINITIONS). 6 "BOND RELATED EXPENSES." THE TERM SHALL INCLUDE ALL OF THE 7 FOLLOWING: 8 (1) PRINTING, PUBLICATION OR ADVERTISING EXPENSES WITH 9 RESPECT TO THE SALE AND ISSUANCE OF BONDS. 10 (2) FEES, EXPENSES AND COSTS OF REGISTRARS. 11 (3) FEES, EXPENSES AND COSTS OF ATTORNEYS, ACCOUNTANTS, 12 FEASIBILITY CONSULTANTS, COMPUTER PROGRAMMERS OR OTHER 13 EXPERTS EMPLOYED TO AID IN THE SALE AND ISSUANCE OF THE 14 BONDS. 15 (4) OTHER COSTS, FEES AND EXPENSES INCURRED OR 16 REASONABLY RELATED TO THE ISSUANCE AND SALE OF THE BONDS 17 INCLUDING THE FUNDING OF A DEBT SERVICE RESERVE FUND. 18 "BOND-RELATED OBLIGATION." AN AGREEMENT OR CONTRACTUAL 19 RELATIONSHIP BETWEEN THE PENNSYLVANIA TURNPIKE COMMISSION AND: 20 (1) A BANK, TRUST COMPANY, INSURANCE COMPANY, SURETY 21 BONDING COMPANY, PENSION FUND OR OTHER FINANCIAL INSTITUTION 22 PROVIDING INCREASED CREDIT ON OR SECURITY FOR THE BONDS OR 23 LIQUIDITY FOR SECONDARY MARKET TRANSACTIONS; OR 24 (2) THE COUNTER PARTY TO A SWAP AGREEMENT. 25 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION OR ANY 26 SUCCESSOR ORGANIZATION. 27 "COST OF THE DEPARTMENT." ANY OF THE FOLLOWING: <-- 28 (1) THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 29 EXPANDING OR EXTENDING THE STATE HIGHWAY AND RURAL STATE 30 HIGHWAY SYSTEM AND ALL CONNECTING ROADS, TUNNELS AND BRIDGES. 20070H1590B2342 - 275 -
1 (2) THE COST OF ALL LANDS, PROPERTY RIGHTS, RIGHTS-OF- 2 WAY, EASEMENTS AND FRANCHISES ACQUIRED, WHICH ARE DEEMED 3 NECESSARY OR CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, 4 WIDENING, EXPANDING OR EXTENDING UNDER PARAGRAPH (1). 5 (3) THE COST OF ALL MACHINERY AND EQUIPMENT, FINANCING 6 CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR 7 ONE YEAR AFTER COMPLETION OF CONSTRUCTION. 8 (4) THE COST OF TRAFFIC ESTIMATES AND OF, ENGINEERING <-- 9 AND LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES 10 OF COST AND OF REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT 11 TO DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 12 ENTERPRISE, ADMINISTRATIVE AND LEGAL EXPENSES AND OTHER 13 EXPENSES AS MAY BE NECESSARY OR INCIDENT TO THE FINANCING 14 AUTHORIZED UNDER THIS CHAPTER, THE CONSTRUCTION, 15 RECONSTRUCTION, WIDENING, EXPANDING OR EXTENDING OF THE STATE 16 HIGHWAY AND THE RURAL STATE HIGHWAY SYSTEM AND CONNECTING 17 ROADS, TUNNELS AND BRIDGES, THE PLACING OF THE SAME IN 18 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR 19 CONSTRUCTION AND OPERATION. 20 (5) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 21 DEPARTMENT OF TRANSPORTATION OR WITH THE UNITED STATES OR ANY 22 AGENCY OF THE UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION 23 OF PLANS AND SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND 24 OTHER ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND 25 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 26 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND THE 27 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 28 TUNNELS AND BRIDGES. 29 (6) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 30 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 20070H1590B2342 - 276 -
1 COST. 2 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL <-- 3 OF THE FOLLOWING: 4 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 5 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM 6 AND CONNECTING ROADS, TUNNELS AND BRIDGES. 7 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR 8 PORTIONS OF THE SYSTEMS, THE PLACING OF THE SYSTEMS IN 9 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR 10 CONSTRUCTION AND OPERATION OF THE SYSTEMS. 11 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 12 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT 13 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 14 EXTENDING UNDER PARAGRAPH (1) OR (2). 15 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST 16 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER 17 COMPLETION OF CONSTRUCTION. 18 (5) ANY OF THE FOLLOWING: 19 (I) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL 20 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF 21 COST AND OF REVENUES. 22 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO 23 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 24 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND 25 LEGAL EXPENSES. 26 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT 27 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE 28 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 29 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE 30 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES. 20070H1590B2342 - 277 -
1 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 2 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE 3 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND 4 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 5 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES 6 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 7 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND 8 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 9 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC 10 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS. 11 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 12 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 13 COST OF THE DEPARTMENT. 14 "DESIGN BUILD ARRANGEMENT." A PROCUREMENT OR PROJECT 15 DELIVERY ARRANGEMENT WHEREBY A SINGLE ENTITY, WHICH MAY BE A 16 SINGLE CONTRACTOR OR A CONSORTIUM COMPRISED OF MULTIPLE 17 CONTRACTORS, ENGINEERS AND OTHER SUBCONSULTANTS, IS RESPONSIBLE 18 FOR BOTH THE DESIGN AND CONSTRUCTION OF A TRANSPORTATION PROJECT 19 WITH A GUARANTEED COMPLETION DATE AND GUARANTEED MAXIMUM PRICE. 20 "PLEDGED REVENUES." THE ANNUAL DEBT SERVICE PAYMENTS AND <-- 21 REVENUES DESCRIBED IN SECTION 9511.11(A) AND (B) 9511.11(B)(2) <-- 22 (RELATING TO PLEDGED REVENUES). 23 "REGULARLY SCHEDULED DEBT SERVICE." THE SCHEDULED PAYMENTS 24 DUE FOR PRINCIPAL AND INTEREST ON BONDS, WITHOUT REGARD TO ANY 25 ACCELERATION OF THE DUE DATE OF SUCH PRINCIPAL OR INTEREST BY 26 REASON OF MANDATORY OR OPTIONAL REDEMPTION OR ACCELERATION 27 RESULTING FROM DEFAULT OR OTHERWISE. THE TERM DOES NOT INCLUDE, <-- 28 OTHER THAN AN ADVANCEMENT OF PAYMENT RESULTING FROM A MANDATORY 29 SINKING FUND PAYMENT. 30 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 20070H1590B2342 - 278 -
1 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 2 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 3 THE TOWNSHIP STATE HIGHWAY LAW AND ALL OTHER ROADS AND HIGHWAYS 4 SPECIFICALLY DESIGNATED BY THE SECRETARY OF TRANSPORTATION AS 5 RURAL STATE HIGHWAYS. 6 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 7 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 8 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 9 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 10 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 11 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE SAME MAY HAVE BEEN 12 TAKEN OVER AS A STATE HIGHWAY. 13 § 9511.2. SPECIAL REVENUE BONDS. 14 (A) PAYMENT SOURCE.--A SPECIAL REVENUE BOND, NOTE OR OTHER 15 OBLIGATION ISSUED UNDER THIS CHAPTER: 16 (1) SHALL NOT BE DEEMED TO BE A DEBT OR LIABILITY OF THE 17 COMMONWEALTH; 18 (2) SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS, 19 LIABILITY OR OBLIGATION OF THE COMMONWEALTH; AND 20 (3) SHALL BE PAYABLE SOLELY FROM PLEDGED REVENUES. <-- 21 (B) STATEMENT.--A SPECIAL REVENUE BOND, NOTE OR OTHER 22 OBLIGATION ISSUED UNDER THIS CHAPTER MUST CONTAIN A STATEMENT ON 23 ITS FACE THAT: 24 (1) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE BOND, 25 NOTE OR OBLIGATION OR THE INTEREST ON IT EXCEPT FROM PLEDGED 26 REVENUES; AND 27 (2) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF 28 THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL 29 OR INTEREST OF THE BOND, NOTE OR OBLIGATION. 30 (C) TAXATION.--THE ISSUANCE OF A SPECIAL REVENUE BOND, NOTE 20070H1590B2342 - 279 -
1 OR OTHER OBLIGATION UNDER THIS CHAPTER SHALL NOT DIRECTLY, 2 INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY A 3 TAX OR TO MAKE AN APPROPRIATION FOR PAYMENT. 4 § 9511.3. EXPENSES. 5 (A) REIMBURSEMENT.--THE COMMISSION SHALL BE REIMBURSED FROM <-- 6 BOND PROCEEDS FOR THE NECESSARY AND DOCUMENTED REASONABLE 7 EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES PERFORMED 8 UNDER THE PROVISIONS OF THIS CHAPTER. 9 (B) SOURCE.--ALL EXPENSES INCURRED IN CARRYING OUT THE 10 PROVISIONS OF THIS CHAPTER SHALL BE PAID SOLELY FROM FUNDS 11 PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER, AND SUFFICIENT 12 FUNDS SHALL BE PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER TO 13 MEET ANY LIABILITY OR OBLIGATION INCURRED IN CARRYING OUT THE 14 PROVISIONS OF THIS CHAPTER. 15 § 9511.4. SPECIAL REVENUE BONDS AND PRELIMINARY OR INTERIM 16 FINANCING. 17 (A) AUTHORIZATION.--THE COMMISSION IS AUTHORIZED TO PROVIDE, 18 BY RESOLUTION, FOR THE ISSUANCE OF SPECIAL REVENUE BONDS OF THE 19 COMMISSION UP TO AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING <-- 20 $5,000,000,000, EXCLUSIVE OF ORIGINAL ISSUE DISCOUNT, FOR THE <-- 21 PURPOSE OF PAYING THE COST OF THE DEPARTMENT AND BOND-RELATED 22 EXPENSES. THE RESOLUTION MUST RECITE AN ESTIMATE OF THE COST OF 23 THE DEPARTMENT. NO MORE THAN $600,000,000 IN AGGREGATE PRINCIPAL <-- 24 AMOUNT OF SPECIAL REVENUE BONDS, EXCLUSIVE OF ORIGINAL ISSUE <-- 25 DISCOUNT, MAY BE ISSUED IN ANY CALENDAR YEAR. NO BOND MAY BE 26 ISSUED AND OUTSTANDING UNDER THIS SECTION UNLESS THE LEASE <-- 27 AGREEMENT AUTHORIZED UNDER SECTION 8915.3 (RELATING TO LEASE OF 28 INTERSTATE 80) IS IN EFFECT AS OF THE DATE OF ISSUANCE. NO BOND <-- 29 MAY BE OUTSTANDING BEYOND THE TERM OF THE LEASE. SPECIAL REVENUE 30 REFUNDING BONDS AS SET FORTH IN SECTION 9511.9 (RELATING TO 20070H1590B2342 - 280 -
1 SPECIAL REVENUE REFUNDING BONDS) SHALL NOT BE DEEMED TO COUNT 2 AGAINST THE TOTAL OR ANNUAL MAXIMUM ISSUANCE VOLUME. THE 3 PRINCIPAL AND INTEREST OF THE BOND SHALL BE PAYABLE SOLELY FROM 4 REVENUES PLEDGED REVENUES. OF THE MOTOR LICENSE FUND TRANSFERRED <-- 5 TO THE COMMISSION FOR THAT PURPOSE TO THE COMMISSION IN 6 COMBINATION WITH ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED 7 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) PAYABLE 8 AS REQUIRED PURSUANT TO THE BONDS. 9 (B) FORM.-- 10 (1) A BOND MAY BE ISSUED IN REGISTERED FORM. 11 (2) A BOND: 12 (I) MUST BE DATED; 13 (II) MUST BEAR INTEREST AT A RATE NOT EXCEEDING THE 14 RATE PERMITTED UNDER APPLICABLE LAW; 15 (III) MUST BE PAYABLE SEMIANNUALLY OR AT OTHER TIMES 16 AS SET FORTH IN THE RESOLUTION OF THE COMMISSION 17 AUTHORIZING THE ISSUANCE OF THE BONDS; 18 (IV) MUST MATURE, AS DETERMINED BY THE COMMISSION, 19 NO LATER THAN 40 YEARS FROM THE DATE OF THE BOND; AND 20 (V) MAY BE MADE REDEEMABLE BEFORE MATURITY, AT THE 21 OPTION OF THE COMMISSION, AT A PRICE AND UNDER TERMS AND 22 CONDITIONS FIXED BY THE COMMISSION PRIOR TO THE ISSUANCE 23 OF THE BONDS. 24 (C) ISSUANCE.-- 25 (1) THE COMMISSION MAY SELL BONDS AT PUBLIC OR PRIVATE 26 SALE AND FOR A PRICE IT DETERMINES TO BE IN THE BEST INTEREST 27 OF THE COMMONWEALTH. 28 (2) BONDS MAY BE ISSUED IN SERIES WITH VARYING 29 PROVISIONS AS TO ALL OF THE FOLLOWING: 30 (I) RATES OF INTEREST, WHICH MAY BE FIXED OR 20070H1590B2342 - 281 -
1 VARIABLE. 2 (II) OTHER PROVISIONS NOT INCONSISTENT WITH THIS 3 CHAPTER. 4 (D) (RESERVED). 5 (E) PAYMENT.-- 6 (1) THE PRINCIPAL AND INTEREST OF THE BONDS MAY BE MADE 7 PAYABLE IN ANY LAWFUL MEDIUM. 8 (2) THE COMMISSION SHALL: 9 (I) DETERMINE THE FORM OF BONDS; AND 10 (II) FIX: 11 (A) THE DENOMINATION OF THE BOND; AND 12 (B) THE PLACE OF PAYMENT OF PRINCIPAL AND 13 INTEREST OF THE BOND, WHICH MAY BE AT ANY BANK OR 14 TRUST COMPANY WITHIN OR WITHOUT THIS COMMONWEALTH. 15 (F) SIGNATURE.--THE BOND MUST BEAR THE MANUAL OR FACSIMILE <-- 16 SIGNATURE OF THE GOVERNOR AND OF THE CHAIRMAN OF THE COMMISSION. 17 THE FACSIMILE OF THE OFFICIAL SEAL OF THE COMMISSION SHALL BE <-- 18 AFFIXED TO OR A FACSIMILE OF THE OFFICIAL SEAL SHALL BE AFFIXED <-- 19 TO OR PRINTED ON THE BOND AND ATTESTED BY THE SECRETARY AND 20 TREASURER OF THE COMMISSION. IF AN OFFICER WHOSE SIGNATURE OR 21 FACSIMILE OF A SIGNATURE APPEARS ON A BOND CEASES TO BE AN 22 OFFICER BEFORE THE DELIVERY OF THE BOND, THE SIGNATURE OR 23 FACSIMILE SHALL NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL 24 PURPOSES, AS IF THE OFFICER REMAINED IN OFFICE UNTIL DELIVERY. 25 (G) NEGOTIABILITY.--A SPECIAL REVENUE BOND ISSUED UNDER THIS 26 CHAPTER SHALL HAVE ALL THE QUALITIES AND INCIDENTS OF A 27 NEGOTIABLE INSTRUMENT UNDER 13 PA.C.S. DIV. 3 (RELATING TO 28 NEGOTIABLE INSTRUMENTS). 29 (H) PROCEEDS.-- <-- 30 (1) THE PROCEEDS OF A BOND SHALL BE USED SOLELY FOR THE 20070H1590B2342 - 282 -
1 FOLLOWING: 2 (I) PAYMENT OF THE COST OF THE DEPARTMENT. 3 (II) BOND-RELATED EXPENSES. 4 (2) THE PROCEEDS OF A BOND SHALL BE DISBURSED UPON 5 REQUISITION OF THE SECRETARY UNDER RESTRICTIONS SET FORTH IN 6 THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE BOND OR THE 7 TRUST INDENTURE UNDER SECTION 9511.6 (RELATING TO TRUST 8 INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS AND 9 DEPOSITORIES). 10 (H) PROCEEDS.--THE PROCEEDS OF A BOND SHALL BE USED SOLELY <-- 11 FOR THE FOLLOWING: 12 (1) PAYMENT OF THE COST OF THE DEPARTMENT. 13 (2) BOND-RELATED EXPENSES. 14 (I) TEMPORARY BONDS.--PRIOR TO THE PREPARATION OF DEFINITIVE 15 BONDS, THE COMMISSION MAY, UNDER SIMILAR RESTRICTIONS PROVISIONS <-- 16 AS THOSE APPLICABLE TO THE DEFINITIVE BONDS, ISSUE TEMPORARY 17 BONDS, EXCHANGEABLE FOR DEFINITIVE BONDS UPON THE ISSUANCE OF 18 DEFINITIVE BONDS. 19 (J) (RESERVED). 20 (K) STATUS AS SECURITIES.-- 21 (1) A BOND IS MADE A SECURITY IN WHICH ANY OF THE 22 FOLLOWING MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING 23 CAPITAL, BELONGING TO THEM OR WITHIN THEIR CONTROL: 24 (I) COMMONWEALTH AND MUNICIPAL OFFICERS. 25 (II) COMMONWEALTH AGENCIES. 26 (III) BANKS, BANKERS, SAVINGS BANKS, TRUST 27 COMPANIES, SAVING AND LOAN ASSOCIATIONS, INVESTMENT 28 COMPANIES AND OTHER PERSONS CARRYING ON A BANKING 29 BUSINESS. 30 (IV) INSURANCE COMPANIES, INSURANCE ASSOCIATIONS AND 20070H1590B2342 - 283 -
1 OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS. 2 (V) FIDUCIARIES. 3 (VI) OTHER PERSONS THAT ARE AUTHORIZED TO INVEST IN 4 BONDS OR OTHER OBLIGATIONS OF THE COMMONWEALTH. 5 (2) A BOND IS MADE A SECURITY WHICH MAY PROPERLY AND 6 LEGALLY BE DEPOSITED WITH AND RECEIVED BY A COMMONWEALTH OR 7 MUNICIPAL OFFICER OR A COMMONWEALTH AGENCY FOR ANY PURPOSE 8 FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE 9 COMMONWEALTH IS AUTHORIZED BY LAW. 10 (L) BORROWING.--THE FOLLOWING SHALL APPLY: 11 (1) THE COMMISSION IS AUTHORIZED TO DO ALL OF THE 12 FOLLOWING: 13 (I) BORROW MONEY AT AN INTEREST RATE NOT EXCEEDING 14 THE RATE PERMITTED BY LAW. 15 (II) PROVIDE FOR PRELIMINARY OR INTERIM FINANCING, 16 UP TO BUT NOT EXCEEDING THE ESTIMATED TOTAL COST OF THE 17 DEPARTMENT AND BOND-RELATED EXPENSES AND TO EVIDENCE THE 18 BORROWING BY THE ISSUANCE OF SPECIAL REVENUE NOTES AND, 19 IN ITS DISCRETION, TO PLEDGE AS COLLATERAL FOR THE NOTE 20 OR OTHER OBLIGATION, A SPECIAL REVENUE BOND ISSUED UNDER 21 THE PROVISIONS OF THIS CHAPTER. THE COMMISSION MAY RENEW 22 THE NOTE OR OBLIGATION, AND THE PAYMENT OR RETIREMENT OF 23 THE NOTE OR OBLIGATION SHALL BE CONSIDERED TO BE PAYMENT 24 OF THE COST OF THE PROJECT. 25 (2) A NOTE OR OBLIGATION ISSUED UNDER THIS SUBSECTION 26 MUST CONTAIN A STATEMENT ON ITS FACE THAT: 27 (I) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE 28 NOTE OR OBLIGATION OR INTEREST ON IT, EXCEPT FROM PLEDGED 29 REVENUES OF THE MOTOR LICENSE FUND; AND <-- 30 (II) NEITHER THE FAITH AND CREDIT NOR THE TAXING 20070H1590B2342 - 284 -
1 POWER OF THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF 2 ITS PRINCIPAL OR INTEREST. 3 § 9511.5. APPLICATION OF PROCEEDS OF OBLIGATIONS, LIEN OF 4 HOLDERS OF OBLIGATIONS, DESIGN-BUILD REQUIREMENT AND 5 PROJECTS APPROVED BY GENERAL ASSEMBLY. 6 (A) APPLICATION.--THE FOLLOWING SHALL APPLY: 7 (1) ALL MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR <-- 8 OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER SHALL BE APPLIED 9 SOLELY TO THE PAYMENT OF: 10 (I) THE COST OF THE DEPARTMENT WHICH IS CONSISTENT <-- 11 WITH THE PURPOSE OF THE ISSUE; AND 12 (II) BOND-RELATED EXPENSES. 13 (2) THE COMMISSION MAY PROVIDE BY RESOLUTION THAT UNTIL 14 MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR OTHER <-- 15 OBLIGATIONS ISSUED UNDER THIS CHAPTER IS APPLIED UNDER 16 PARAGRAPH (1), A LIEN SHALL EXIST UPON THE MONEY PROCEEDS IN <-- 17 FAVOR OF HOLDERS OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR 18 A TRUSTEE PROVIDED FOR IN RESPECT TO THE BONDS, NOTES OR 19 OTHER OBLIGATIONS. 20 (B) DESIGN-BUILD ARRANGEMENTS.-- 21 (1) TO FACILITATE THE TIMELY COMPLETION OF PROJECTS TO 22 BE FINANCED BY THE DEPARTMENT WITH BOND PROCEEDS, THE 23 DEPARTMENT SHALL BE REQUIRED TO MAY UTILIZE DESIGN-BUILD <-- 24 ARRANGEMENTS FOR EACH PROJECT TO BE FINANCED WITH BOND <-- 25 PROCEEDS IF THE PROJECT VALUE IS ESTIMATED BY THE DEPARTMENT 26 TO HAVE A VALUE IN EXCESS OF EXCEED $100,000,000. <-- 27 (2) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE 28 DEPARTMENT MAY UTILIZE DESIGN-BUILD ARRANGEMENTS FOR THE 29 FOLLOWING: 30 (I) PROJECTS TO BE FINANCED BY THE DEPARTMENT WITH 20070H1590B2342 - 285 -
1 BOND PROCEEDS FOR PROJECTS ESTIMATED BY THE DEPARTMENT TO 2 HAVE A VALUE OF $100,000,000 OR LESS; AND 3 (II) ALL OTHER CONSTRUCTION PROJECTS OF THE 4 DEPARTMENT NOT INCLUDED UNDER SUBPARAGRAPH (I) OR <-- 5 PARAGRAPH (1). 6 (3) THE SELECTION OF THE PARTY FOR A DESIGN-BUILD 7 ARRANGEMENT UNDER THIS SUBSECTION MUST BE CONDUCTED IN A 8 MANNER CONSISTENT WITH THE PROCUREMENT AND PUBLIC BIDDING 9 LAWS APPLICABLE TO THE DEPARTMENT. 10 (C) CAPITAL PROJECTS.--ALL PROJECTS FINANCED BY THE 11 DEPARTMENT WITH BOND PROCEEDS SHALL BE INCLUDED IN ANY 12 SUBMISSION THE DEPARTMENT IS ALREADY REQUIRED TO MAKE TO THE 13 GENERAL ASSEMBLY WITH RESPECT TO THE EXPENDITURE OF FUNDS FOR 14 HIGHWAY PROJECTS. 15 (D) INVESTMENT.--PENDING THE APPLICATION OF PROCEEDS TO 16 COSTS COST OF THE DEPARTMENT AND BOND-RELATED EXPENSES, THE <-- 17 COMMISSION MAY INVEST THE FUNDS IN PERMITTED INVESTMENTS AS 18 DEFINED UNDER ANY TRUST INDENTURE. IF THE INVESTMENT IS NOT <-- 19 INCONSISTENT WITH EXISTING FIDUCIARY OBLIGATIONS OF THE 20 COMMISSION. 21 § 9511.6. TRUST INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS 22 AND DEPOSITORIES. 23 (A) INDENTURE.--IN THE DISCRETION OF THE COMMISSION, A BOND, 24 NOTE OR OTHER OBLIGATION MAY BE SECURED BY A TRUST INDENTURE BY 25 AND BETWEEN THE COMMISSION AND A CORPORATE TRUSTEE, WHICH MAY BE 26 ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY, 27 WITHIN OR WITHOUT THIS COMMONWEALTH. 28 (B) PLEDGE OR ASSIGNMENT.--A TRUST INDENTURE UNDER 29 SUBSECTION (A) MAY PLEDGE OR ASSIGN THE PLEDGED REVENUES, BUT 30 SHALL NOT CONVEY OR MORTGAGE THE TURNPIKE OR ANY PART OF THE 20070H1590B2342 - 286 -
1 TURNPIKE. 2 (C) RIGHTS AND REMEDIES.--THE RESOLUTION PROVIDING FOR THE 3 ISSUANCE OF THE BOND, NOTE OR OTHER OBLIGATION OF THE TRUST 4 INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND ENFORCING 5 THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES 6 OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER AND NOT IN 7 VIOLATION OF LAW. 8 (D) DEPOSITORY.--IT SHALL BE LAWFUL FOR ANY BANK OR TRUST 9 COMPANY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH TO ACT 10 AS DEPOSITORY OF THE PROCEEDS OF THE BOND, NOTE OR OTHER 11 OBLIGATION OR REVENUE, TO FURNISH INDEMNITY BONDS OR TO PLEDGE 12 SECURITIES AS MAY BE REQUIRED BY THE COMMISSION. 13 (E) INDENTURE.--THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 14 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 15 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 16 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 17 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 18 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. THE 19 TRUST INDENTURE MAY CONTAIN OTHER PROVISIONS AS THE COMMISSION 20 MAY DEEM REASONABLE AND PROPER FOR THE SECURITY OF BONDHOLDERS 21 OR HOLDERS OF NOTES OR OTHER OBLIGATIONS. 22 § 9511.7. EXEMPTION FROM COMMONWEALTH TAXATION. 23 THE EFFECTUATION OF THE PURPOSES OF THIS CHAPTER IS FOR THE 24 BENEFIT OF THE CITIZENS OF THIS COMMONWEALTH AND FOR THE 25 IMPROVEMENT OF THEIR COMMERCE AND PROSPERITY. SINCE THE 26 COMMISSION WILL BE PERFORMING ESSENTIAL GOVERNMENT FUNCTIONS IN 27 EFFECTUATING THESE PURPOSES, THE COMMISSION SHALL NOT BE 28 REQUIRED TO PAY ANY TAX OR ASSESSMENT ON ANY PROPERTY ACQUIRED 29 OR USED BY IT FOR THE PURPOSES PROVIDED UNDER THIS CHAPTER. A 30 BOND, NOTE OR OTHER OBLIGATION ISSUED BY THE COMMISSION, ITS 20070H1590B2342 - 287 -
1 TRANSFER AND THE INCOME FROM ITS ISSUANCE AND TRANSFER, 2 INCLUDING ANY PROFITS MADE ON THE SALE OF THE BOND, NOTE OR 3 OTHER OBLIGATION, SHALL BE FREE FROM TAXATION WITHIN THE 4 COMMONWEALTH. 5 § 9511.8. COSTS RELATED TO FEDERAL INCOME TAX MATTERS. 6 TAX MATTER COSTS INCURRED BY THE COMMISSION IN CONNECTION 7 WITH ANY PROCEEDING OF OR FILING WITH THE INTERNAL REVENUE 8 SERVICE CONCERNING THE USE OF PROCEEDS OF BONDS ISSUED UNDER 9 THIS CHAPTER SHALL BE PAID OR REIMBURSED FROM AVAILABLE FUNDS IN 10 THE MOTOR LICENSE FUND. IT IS ANTICIPATED THAT THE INCOME <-- 11 RECEIVED BY THE COMMISSION AS A RESULT OF THE SALE OF BONDS 12 UNDER THIS CHAPTER WILL BE FREE OF FEDERAL INCOME TAX. IF THE 13 ACT OR FAILURE TO ACT OF THE DEPARTMENT DIRECTLY RESULTS IN TAX 14 LIABILITY TO THE COMMISSION, THE DEPARTMENT SHALL PAY TO THE 15 COMMISSION, FROM AVAILABLE FUNDS IN THE FUND, THE AMOUNT OF THE 16 LIABILITY. TAX MATTER COSTS SHALL INCLUDE ALL OF THE FOLLOWING: 17 (1) FEES OF TAX COUNSEL OR ARBITRAGE REBATE CALCULATION 18 PROVIDERS. 19 (2) ARBITRAGE REBATE PAYMENTS TO THE EXTENT NOT PROPERLY 20 PAYABLE FROM FUNDS HELD UNDER THE BOND INDENTURE. 21 (3) SETTLEMENT PAYMENTS TO THE INTERNAL REVENUE SERVICE, 22 EITHER IN RELATION TO AN EXAMINATION INITIATED BY THE 23 INTERNAL REVENUE SERVICE OR A CLOSING AGREEMENT REQUESTED BY 24 THE COMMISSION. 25 (4) PAYMENTS TO BONDHOLDERS AS A RESULT OF CLAIMS BASED 26 ON PENDING, THREATENED OR ACTUAL ASSESSMENTS OF TAX, INTEREST 27 OR PENALTIES BY THE INTERNAL REVENUE SERVICE. 28 (5) ANY OTHER COST REASONABLY RELATED TO A PROCEEDING BY 29 OR FILING WITH THE INTERNAL REVENUE SERVICE CONCERNING THE 30 USE OF PROCEEDS OF THE BONDS. 20070H1590B2342 - 288 -
1 § 9511.9. SPECIAL REVENUE REFUNDING BONDS. 2 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 3 THE ISSUANCE OF SPECIAL REVENUE REFUNDING BONDS OF THE 4 COMMISSION FOR THE PURPOSE OF REFUNDING ANY SPECIAL REVENUE 5 BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF 6 THIS CHAPTER AND THEN OUTSTANDING. THE ISSUANCE OF THE SPECIAL 7 REVENUE REFUNDING BONDS, THE MATURITIES AND OTHER DETAILS OF THE 8 BONDS, THE RIGHTS OF THE HOLDERS OF THE BONDS AND THE DUTIES OF 9 THE DEPARTMENT AND OF THE COMMISSION WITH RESPECT TO THE BONDS 10 SHALL BE GOVERNED BY THE PROVISIONS OF THIS CHAPTER. 11 § 9511.10. REMEDIES OF TRUSTEES AND OF HOLDERS OF OBLIGATIONS. 12 (A) GRANT OF RIGHTS.--A HOLDER OF A BOND, NOTE OR OTHER 13 OBLIGATION ISSUED UNDER THIS CHAPTER AND THE TRUSTEE UNDER THE 14 TRUST INDENTURE MAY, EITHER AT LAW OR IN EQUITY, BY SUIT, 15 ACTION, MANDAMUS OR OTHER PROCEEDING, DO ALL OF THE FOLLOWING: 16 (1) PROTECT AND ENFORCE ANY RIGHT GRANTED UNDER THIS 17 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 18 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 19 REQUIRED UNDER THIS CHAPTER OR BY RESOLUTION OR TRUST 20 INDENTURE TO BE PERFORMED BY THE COMMISSION OR ANY OFFICER OF 21 ITS OFFICERS, INCLUDING THE COLLECTION OF THE PLEDGED 22 RESERVES REVENUES. <-- 23 (B) EXCEPTION.--RIGHTS GIVEN UNDER THIS CHAPTER MAY BE 24 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE 25 BONDS, NOTES OR OTHER OBLIGATIONS, OR BY THE TRUST INDENTURE. 26 § 9511.11. PLEDGED REVENUES. 27 (A) ANNUAL DEBT SERVICE PAYMENTS.--UPON RECEIPT BY THE 28 DEPARTMENT OF THE ANNUAL DEBT SERVICE PAYMENTS, THE DEPARTMENT 29 SHALL PAY THEM TO THE TRUSTEE FOR THE HOLDERS OF THE BONDS 30 ISSUED UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS). 20070H1590B2342 - 289 -
1 (B) PAYMENT DEFAULT.-- 2 (1) THE DEPARTMENT SHALL NOTIFY THE STATE TREASURER IF 3 THE DEPARTMENT RECEIVES A NOTICE FROM THE TRUSTEE WHICH: 4 (I) INDICATES THAT A DEFAULT IN THE PAYMENT OF <-- 5 REGULARLY SCHEDULED BY THE COMMISSION ON ITS REGULARLY <-- 6 SCHEDULED DEPOSITS WITH RESPECT TO DEBT SERVICE ON THE 7 BONDS HAS OCCURRED; AND 8 (II) INDICATES THE AMOUNT REQUIRED TO REMEDY THE 9 DEFAULT. 10 (2) UPON NOTICE UNDER PARAGRAPH (1), THE STATE TREASURER 11 SHALL DO ALL OF THE FOLLOWING: 12 (I) NOTWITHSTANDING SECTION 9010 (RELATING TO 13 DISPOSITION AND USE OF TAX), TRANSFER TO THE TRUSTEE FROM 14 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 15 IMPOSITION OF THE TAX UNDER SECTION 9004(A) (RELATING TO 16 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) THE AMOUNT 17 NECESSARY TO REMEDY THE DEFAULT UNDER PARAGRAPH (1)(II). 18 (II) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT 19 OF THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) ARE 20 NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER PARAGRAPH 21 (1)(II) AND NOTWITHSTANDING SECTION 9511 (RELATING TO 22 ALLOCATION OF PROCEEDS), TRANSFER TO THE TRUSTEE FROM 23 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 24 IMPOSITION OF THE TAX UNDER 9502(A)(1), (2)(I), (II), 25 (III) AND (IV) AND (3)(II) (RELATING TO IMPOSITION OF 26 TAX), AN AMOUNT NECESSARY, WHEN COMBINED WITH ANY FUNDS 27 TRANSFERRED UNDER SUBPARAGRAPH (I), TO REMEDY THE 28 DEFAULT. 29 (III) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF 30 THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) AND 20070H1590B2342 - 290 -
1 SECTION 9502(A)(1), (2)(I), (II), (III) AND (IV) AND 2 (3)(II) ARE NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER 3 PARAGRAPH (1)(II) AND NOTWITHSTANDING THE PROVISIONS OF 4 SECTION 20 OF ACT 3, TRANSFER TO THE TRUSTEE FROM FUNDS 5 IN THE MOTOR LICENSE FUND AS A RESULT OF THE 6 APPROPRIATION TO THE COMMISSION UNDER SECTION 20 OF ACT <-- 7 IMPOSITION OF FEES SPECIFIED UNDER SECTIONS 1912 <-- 8 (RELATING TO PASSENGER CARS), 1913 (RELATING TO MOTOR 9 HOMES), 1914 (RELATING TO MOTORCYCLES), 1915 (RELATING TO 10 MOTOR-DRIVEN CYCLES), 1916 (RELATING TO TRUCKS AND TRUCK 11 TRACTORS), 1917 (RELATING TO MOTOR BUSES AND LIMOUSINES), 12 1921 (RELATING TO SPECIAL MOBILE EQUIPMENT), 1922 13 (RELATING TO IMPLEMENTS OF HUSBANDRY), 1923 (RELATING TO 14 ANTIQUE, CLASSIC AND COLLECTIBLE VEHICLES), 1924 15 (RELATING TO FARM VEHICLES), 1925 (RELATING TO 16 AMBULANCES, TAXIS AND HEARSES), 1926 (RELATING TO DEALERS 17 AND MISCELLANEOUS MOTOR VEHICLE BUSINESS), 1926.1 18 (RELATING TO FARM EQUIPMENT VEHICLE DEALERS), 1927 19 (RELATING TO TRANSFER OF REGISTRATION), 1929 (RELATING TO 20 REPLACEMENT REGISTRATION PLATES), 1932 (RELATING TO 21 DUPLICATE REGISTRATION CARDS), 1933 (RELATING TO 22 COMMERCIAL IMPLEMENTS OF HUSBANDRY) AND 1952 (RELATING TO 23 CERTIFICATE OF TITLE), NET OF AMOUNTS APPROPRIATED TO THE 24 COMMISSION UNDER SECTION 20 OF ACT 3, AN AMOUNT 25 NECESSARY, WHEN COMBINED WITH FUNDS TRANSFERRED UNDER 26 SUBPARAGRAPHS (I) AND (II), TO REMEDY THE DEFAULT. 27 (C) COMMONWEALTH PLEDGE.--THIS SUBSECTION SHALL OPERATE AS A 28 PLEDGE BY THE COMMONWEALTH TO AN INDIVIDUAL OR ENTITY THAT 29 ACQUIRES A BOND ISSUED BY THE COMMISSION UNDER SECTION 9511.2: 30 (1) TO SECURE THE PORTION OF THE MONEY DESCRIBED UNDER 20070H1590B2342 - 291 -
1 THIS SECTION AND DISTRIBUTED UNDER THIS SECTION; AND 2 (2) TO NOT LIMIT OR ALTER THE RIGHTS VESTED IN THE 3 COMMISSION OR THE TRUSTEE FOR THE BONDS TO THE APPROPRIATION 4 AND DISTRIBUTION OF MONEY SET FORTH UNDER THIS SECTION. 5 § 9511.12. LIMIT ON TRANSFERS FROM THE MOTOR LICENSE FUND. <-- 6 IF IN ANY MONTH THE STATE TREASURER RECEIVES A NOTICE FROM 7 THE COMMISSION UNDER SECTION 8915.3(4) (RELATING TO LEASE OF 8 INTERSTATE 80; RELATED AGREEMENTS) THAT MONEY IS REQUIRED TO BE 9 TRANSFERRED TO THE TRUSTEE TO SATISFY THE PROVISIONS OF THE 10 TRUST INDENTURE RELATING TO BONDS ISSUED UNDER SECTION 9511.2 11 (RELATING TO SPECIAL REVENUE BONDS), THE STATE TREASURER SHALL, 12 IN THAT MONTH, TRANSFER FROM THE MOTOR LICENSE FUND UNDER 13 SECTION 9511.11 (RELATING TO PLEDGED REVENUES), AN AGGREGATE 14 AMOUNT, NOT TO EXCEED $___________, EQUAL TO THE AMOUNT REQUIRED 15 TO BE TRANSFERRED TO THE COMMISSION PURSUANT TO THE NOTICE. 16 § 9511.12. (RESERVED). <-- 17 § 9511.13. SUPPLEMENT TO OTHER LAWS AND LIBERAL CONSTRUCTION. 18 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 19 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 20 AS IN DEROGATION OF ANY POWERS EXISTING ON THE EFFECTIVE DATE OF 21 THIS SECTION. THE PROVISIONS OF THIS CHAPTER, BEING NECESSARY 22 FOR THE WELFARE OF THE COMMONWEALTH AND ITS CITIZENS, SHALL BE 23 LIBERALLY CONSTRUED TO EFFECT THE PURPOSES OF THIS CHAPTER. 24 SECTION 13 8. (A) FINANCIAL ASSISTANCE MADE BY THE <-- 25 DEPARTMENT OF TRANSPORTATION UNDER 74 PA.C.S. CH. 13 PRIOR TO 26 THE EFFECTIVE DATE OF THIS SECTION MAY CONTINUE TO BE USED BY 27 RECIPIENTS FOR OPERATING OR CAPITAL EXPENSES UPON THE SAME TERMS 28 AND CONDITIONS AS ARE CONTAINED IN THE NOTICE OF GRANT AWARD OR 29 GRANT AGREEMENT EXECUTED IN CONNECTION WITH THE AWARD, IF THE 30 FUNDS ARE EXPENDED WITHIN FIVE YEARS FOLLOWING THE EFFECTIVE 20070H1590B2342 - 292 -
1 DATE OF THIS SECTION. 2 (B) THE DEPARTMENT OF TRANSPORTATION MAY CONTINUE TO USE ALL 3 FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT FOR PUBLIC 4 TRANSPORTATION PURPOSES PRIOR TO THE EFFECTIVE DATE OF THIS 5 SECTION IN ACCORDANCE WITH THE LAWS UNDER WHICH THE FUNDS WERE 6 MADE AVAILABLE. 7 SECTION 13.1 9. THE REPEAL OF 74 PA.C.S. CH. 13 IS SUBJECT <-- 8 TO THE FOLLOWING: 9 (1) NOTWITHSTANDING THE REPEAL: 10 (I) THE FUND SHALL CONTINUE TO RECEIVE TAX REVENUE <-- 11 THE FUND WAS ENTITLED TO RECEIVE ON JUNE 30, 2007. 12 (II) TRANSIT ENTITIES THAT HAVE OUTSTANDING 13 OBLIGATIONS SHALL CONTINUE TO RECEIVE MONEY FROM THE FUND 14 CALCULATED AND PAID IN THE SAME MANNER AS WAS PROVIDED ON 15 JUNE 30, 2007. 16 (III) TRANSIT ENTITIES THAT DO NOT HAVE OUTSTANDING 17 OBLIGATIONS SHALL NOT BE ENTITLED TO RECEIVE ADDITIONAL 18 MONEY FROM THE FUND AFTER JUNE 30, 2007. 19 (IV) NO TRANSIT ENTITY SHALL BE ENTITLED TO PLEDGE 20 THE MONEY FROM THE FUND TO SECURE ADDITIONAL OBLIGATIONS 21 ISSUED AFTER JUNE 30, 2007. 22 (V) MONEY REMAINING IN THE FUND AFTER PAYMENTS UNDER 23 SUBPARAGRAPH (II) SHALL BE TRANSFERRED MONTHLY TO THE 24 PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED UNDER 74 25 PA.C.S. § 1506. 26 (VI) PAYMENTS TO TRANSIT ENTITIES UNDER 75 74 <-- 27 PA.C.S. CH. 15 SHALL BE CALCULATED AND PAID BY THE <-- 28 DEPARTMENT SO AS TO DEDUCT FROM THE PAYMENTS REDUCED BY <-- 29 AMOUNTS RECEIVED BY THE TRANSIT ENTITY FROM THE FUND 30 UNDER SUBPARAGRAPH (II). 20070H1590B2342 - 293 -
1 (2) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND 2 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 3 SUBSECTION: 4 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 5 COMMONWEALTH. 6 "FUND." THE PUBLIC TRANSPORTATION ASSISTANCE FUND. 7 "OUTSTANDING OBLIGATIONS." "OBLIGATIONS." ANY BONDS, <-- 8 NOTES, BOND ANTICIPATION NOTES, REFUNDING NOTES AND BONDS, 9 INTERIM CERTIFICATES, DEBENTURES AND OTHER EVIDENCES OF 10 INDEBTEDNESS OR OBLIGATIONS OF A TRANSIT ENTITY WITH RESPECT 11 TO WHICH REVENUES FROM THE FUND HAVE BEEN PLEDGED PRIOR TO 12 JUNE 30, 2007. 13 "TRANSIT ENTITY." ANY CLASS OF TRANSIT ENTITY, AS 14 DEFINED IN FORMER SECTION 1301 OF TITLE 74. 15 (3) THE COMMONWEALTH PLEDGES TO AND AGREES WITH ANY <-- 16 PERSON, FIRM OR CORPORATION HOLDING ANY BONDS PREVIOUSLY 17 ISSUED BY, OR ANY OTHER DEBT INCURRED BY, A LOCAL 18 TRANSPORTATION ORGANIZATION AND SECURED IN WHOLE OR PART BY A 19 PLEDGE OF THE FUNDS PROVIDED TO THE LOCAL TRANSPORTATION 20 ORGANIZATION FROM THE PUBLIC TRANSPORTATION ASSISTANCE FUND 21 THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS VESTED 22 IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER 23 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION 24 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION 25 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT 26 INCURRED, TOGETHER WITH THE INTEREST ON THE BONDS OR DEBT, IS 27 FULLY PAID OR PROVIDED FOR. 28 SECTION 14 10. THE FOLLOWING SHALL APPLY: <-- 29 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 30 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 74 20070H1590B2342 - 294 -
1 PA.C.S. CH. 81. 2 (2) THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), 3 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD 4 CONVERSION ACT IS REPEALED. 5 (3) SECTION 207.1(C)(2) OF THE ACT OF APRIL 9, 1929 <-- 6 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, 7 IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH THE ADDITION 8 OF 74 PA.C.S. § 8105. 9 (3.1) IN ORDER TO EFFECTUATE THE FUNDING ASPECTS OF THIS <-- 10 ACT, THE FOLLOWING STATE APPROPRIATIONS IN SECTION 222 OF THE 11 ACT OF , 2007 (P.L. , NO. ), KNOWN AS THE GENERAL 12 APPROPRIATION ACT OF 2007 ARE REPEALED: 13 (I) THE SUM OF $800,000 OF THE APPROPRIATION FOR 14 GENERAL GOVERNMENT OPERATIONS OF THE DEPARTMENT OF 15 TRANSPORTATION. 16 (II) THE ENTIRE APPROPRIATION FOR THE RAIL SAFETY 17 INSPECTION PROGRAM. 18 (III) THE ENTIRE APPROPRIATION FOR MASS 19 TRANSPORTATION ASSISTANCE FOR GRANTS TO LOCAL 20 TRANSPORTATION ORGANIZATIONS. 21 (IV) THE ENTIRE APPROPRIATION FOR SUPPLEMENTAL 22 GRANTS TO CLASS 3 AND CLASS 4 TRANSIT ENTITIES AND TO 23 SUPPORT ACCESS TO JOBS TRANSPORTATION DEMONSTRATION 24 ACTIVITIES. 25 (V) THE ENTIRE APPROPRIATION TO AUGMENT STATE 26 LOTTERY FUNDS FOR PAYMENTS TO TRANSPORTATION PROVIDERS 27 FOR FIXED-ROUTE TRANSPORTATION SERVICES AND RELATED 28 IMPROVEMENTS AND FOR OTHER TRANSPORTATION ACTIVITIES. 29 (VI) THE ENTIRE APPROPRIATION FOR SHARED-RIDE 30 TRANSIT FOR PERSONS WITH DISABILITIES. 20070H1590B2342 - 295 -
1 (VII) THE ENTIRE APPROPRIATION FOR INTERCITY 2 TRANSPORTATION FOR INTERCITY BUS, RAIL PASSENGER AND 3 OTHER OPERATING SUBSIDIES AND RELATED IMPROVEMENTS. 4 (4) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED 5 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT. 6 SECTION 15 11. THE ADDITION OF 74 PA.C.S. CH. 81 IS A <-- 7 CONTINUATION OF THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), 8 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD 9 CONVERSION ACT. THE FOLLOWING SHALL APPLY: 10 (1) EXCEPT AS OTHERWISE PROVIDED UNDER 74 PA.C.S. CH. 11 81, ALL ACTIVITIES INITIATED UNDER THE TURNPIKE ORGANIZATION, 12 EXTENSION AND TOLL ROAD CONVERSION ACT SHALL CONTINUE AND 13 REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER 74 14 PA.C.S. CH. 81. ORDERS, REGULATIONS, RULES AND DECISIONS 15 WHICH WERE MADE UNDER THE TURNPIKE ORGANIZATION, EXTENSION 16 AND TOLL ROAD CONVERSION ACT AND WHICH ARE IN EFFECT ON THE 17 EFFECTIVE DATE OF SECTION 14(2) 10(2) OF THIS ACT SHALL <-- 18 REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR 19 MODIFIED UNDER 74 PA.C.S. CH. 81. CONTRACTS, OBLIGATIONS AND 20 COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE 21 TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT 22 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE TURNPIKE 23 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 24 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE 25 IN LANGUAGE BETWEEN 74 PA.C.S. CH. 81 AND THE TURNPIKE 26 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT IS 27 INTENDED ONLY TO CONFORM TO THE STYLE OF THE PENNSYLVANIA 28 CONSOLIDATED STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT 29 THE LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR 30 ADMINISTRATION AND IMPLEMENTATION OF THE TURNPIKE 20070H1590B2342 - 296 -
1 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 2 (3) PARAGRAPH (2) SHALL NOT APPLY TO ANY OF THE 3 FOLLOWING: 4 (I) IN SECTION 8102: 5 (A) PARAGRAPHS (1) AND (6), (6) AND (7) OF THE <-- 6 DEFINITION OF "COST OF THE TURNPIKES." 7 (B) PARAGRAPH (2) OF THE DEFINITION OF 8 "TURNPIKES." 9 (C) THE DEFINITIONS OF "AUDITOR GENERAL'S 10 CERTIFICATE," "COSTS "COST OF THE DEPARTMENT," <-- 11 "GENERAL RESERVE FUND SURPLUS," "PUBLIC PASSENGER 12 TRANSPORTATION," "RURAL STATE HIGHWAY SYSTEM," 13 "SECRETARY," "STATE HIGHWAY," AND "SYSTEM OF PUBLIC 14 PASSENGER TRANSPORTATION." 15 (II) IN SECTION 8103: <-- 16 (A) SUBSECTION (A) INTRODUCTORY PARAGRAPH. 17 (B) SUBSECTION (B) INTRODUCTORY PARAGRAPH. 18 (C) SUBSECTION (D) INTRODUCTORY PARAGRAPH. 19 (D) SUBSECTION (E) INTRODUCTORY PARAGRAPH. 20 (II) SECTION 8105(B)(2). <-- 21 (III) SECTION 8107(A)(9) AND (10). 22 (IV) SECTION 8112(A)(1)(III), (2) AND (4), (B)(2) AND <-- 23 (C)(1), (E) AND (F). <-- 24 (V) SECTION 8113. 25 (VI) SECTION 8114(C) AND (D). 26 (VII) SECTION 8116. 27 (VIII) SECTION 8119(C). <-- 28 SECTION 11.1. THIS ACT SHALL APPLY RETROACTIVELY TO JULY 1, <-- 29 2007. 30 SECTION 16 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- F18L74VDL/20070H1590B2342 - 297 -