PRINTER'S NO. 2580

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2076 Session of 1981


        INTRODUCED BY MILLER, NOVEMBER 18, 1981

        REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 18, 1981

                                     AN ACT

     1  Amending the act of January 22, 1968 (P.L.42, No.8), entitled,
     2     as amended, "An act empowering and authorizing the Department
     3     of Transportation to establish and administer certain grant
     4     programs for the betterment of mass transportation systems
     5     and facilities throughout the Commonwealth; providing for
     6     State grants to transportation companies, municipalities,
     7     counties, or their instrumentalities and to agencies and
     8     instrumentalities of the Commonwealth for studies, research,
     9     demonstration programs, promotion programs, purchase of
    10     service projects, and capital improvement projects under
    11     certain conditions; authorizing grants by counties or
    12     municipalities in metropolitan areas to local transportation
    13     organizations, authorizing the creation of a transportation
    14     authority to function in each metropolitan area consisting of
    15     any county of the first class and all nearby counties within
    16     a radius of twenty miles of any such first class county, as a
    17     body corporate and politic for the purpose of establishing an
    18     integrated mass transportation system with all pertinent
    19     powers including, but not limited to, leasing, acquiring,
    20     owning, operating and maintaining a system for, or otherwise
    21     providing for, the transportation of persons, authorizing the
    22     borrowing of money and issuance of bonds therefor, conferring
    23     the right of eminent domain on the authority; altering the
    24     jurisdiction of the Public Utility Commission, authorizing
    25     the acceptance of grants from Federal, State and local
    26     governments, limiting actions against the authority and
    27     exempting it from taxation, authorizing counties and
    28     municipalities to enter into compacts for the financing of
    29     each authority and to make appropriations in accordance with
    30     such compacts, creating a citizen advisory committee,
    31     conferring exclusive jurisdiction upon certain courts with
    32     respect to matters relating to such authority, empowering
    33     each authority to function outside of the metropolitan area


     1     under certain terms and conditions," authorizing local
     2     options for certain fares; establishing a different
     3     reimbursement base and removing certain reimbursement
     4     limitations.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Subclauses (i), (iv) and (v) of clause (5) of
     8  section 203, act of January 22, 1968 (P.L.42, No.8), known as
     9  the "Pennsylvania Urban Mass Transportation Law," added July 10,
    10  1980 (P.L.427, No.101), are amended to read:
    11     Section 203.  Program Authorizations.--The department is
    12  hereby authorized, within the limitations hereinafter provided
    13  and is required where the provisions of section 204 apply:
    14     * * *
    15     (5)  To make grants from the State Lottery Fund to
    16  transportation companies, county transportation systems and
    17  local transportation organizations to pay estimated transit
    18  losses resulting from providing:
    19     (i)  Free service or local common carrier mass transportation
    20  systems to persons sixty-five years or older when such passage
    21  is on fixed route public transportation services during nonpeak
    22  riding hours and on holidays and weekends. The losses resulting
    23  from granting service on mass transportation systems shall be
    24  reimbursable at seventy-five percent of such system's average
    25  fare multiplied by the number of trips made by senior citizens
    26  participating in such free transit program. A local common
    27  carrier mass transportation system may have the option of
    28  charging a fare up to the unreimbursed twenty-five percent of
    29  such system's average fare for trips made by senior citizens
    30  participating in such free transit program. Transit systems that
    31  currently receive a program reimbursement based upon a

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     1  percentage of average fare greater than seventy-five percent
     2  shall receive their current amount of senior citizen program
     3  reimbursement until such time as the amount of reimbursement for
     4  these systems equals seventy-five percent of the average fare
     5  times the number of senior citizens trips: Provided, however,
     6  That reimbursement for [the fiscal year 1980-1981 shall be
     7  calculated using the average fares as of January 1, 1980] any
     8  fiscal year shall be calculated using the average fares for the
     9  period July through June preceding that fiscal year. If a fare
    10  increase was implemented during the prior fiscal year, then the
    11  average fare will be calculated from the time of the increase to
    12  the end of the fiscal year.
    13     * * *
    14     (iv)  [In no case shall the reimbursements for each
    15  succeeding year exceed the prior year's reimbursements increased
    16  by a percentage equal to the percentage increase in granting
    17  costs for all local transportation organizations, county
    18  transportation systems and transportation companies for the most
    19  recently completed State fiscal year as compared to the fiscal
    20  year immediately preceding such year.
    21     (v)]  The department shall promulgate such rules and
    22  regulations as are necessary to carry out the purposes of this
    23  subparagraph. In accordance with section 2203-A(27) of the act
    24  of April 9, 1929 (P.L.177, No.175), known as "The Administrative
    25  Code of 1929," no such regulation shall take effect until they
    26  are submitted to the Department of Aging for comment.
    27     * * *
    28     Section 2.  This act shall take effect immediately and shall
    29  be retroactive to July 10, 1980.

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