SENATE AMENDED
PRIOR PRINTER'S NOS. 2331, 2553, 3567, PRINTER'S NO. 3713
3638
No. 1812 Session of 1985
INTRODUCED BY GAMBLE AND MICHLOVIC, OCTOBER 16, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 18, 1986
AN ACT
1 Amending the act of July 9, 1985 (P.L.187, No.47), entitled "An
2 act providing for transportation development projects by
3 certain municipalities and municipal authorities," further
4 providing for transportation development districts and <--
5 financing.; CLARIFYING PROVISIONS RELATING TO THE FINANCING <--
6 OF A TRANSPORTATION DEVELOPMENT DISTRICT PROJECT; ADDING
7 PROVISIONS FACILITATING ADDITIONAL PUBLIC INVOLVEMENT IN A
8 MUNICIPALITY'S DECISION TO ESTABLISH A TRANSPORTATION
9 DEVELOPMENT DISTRICT; AND FURTHER PROVIDING FOR
10 TRANSPORTATION PLANNING.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 2(a) and 3(a)(1) and (3) of the THE act <--
14 of July 9, 1985 (P.L.187, No.47), known as the Transportation
15 Partnership Act, are amended to read IS AMENDED BY ADDING A <--
16 SECTION TO READ:
17 SECTION 1.1. LEGISLATIVE FINDINGS, PURPOSE AND INTENT. <--
18 (A) FINDINGS.--THE GENERAL ASSEMBLY ENCOURAGES AND SUPPORTS
19 ECONOMIC GROWTH AND DEVELOPMENT THROUGHOUT PENNSYLVANIA.
20 HOWEVER, THE GENERAL ASSEMBLY RECOGNIZES THAT, IN MANY
1 INSTANCES, TRANSPORTATION FACILITIES AND SERVICES ARE EITHER NOT
2 AVAILABLE OR NO LONGER ADEQUATE TO SUPPORT THE INDUSTRIAL,
3 COMMERCIAL AND RESIDENTIAL GROWTH AND DEVELOPMENT OF A SPECIFIC
4 AREA. WITH FEDERAL AID ON THE DECLINE, THE AVAILABLE STATE AND
5 LOCAL FUNDING CAPABILITIES CANNOT ALWAYS KEEP UP WITH THE
6 TRANSPORTATION NEEDS OF AN AREA. THIS SHORTFALL NECESSITATES THE
7 CREATION OF NEW MEANS OF FINANCING TRANSPORTATION PROJECTS.
8 (B) PURPOSE.--THE PURPOSE OF THIS ACT IS TO ENABLE
9 MUNICIPALITIES TO COOPERATE WITH ONE ANOTHER AND WITH THE
10 PRIVATE SECTOR TO PROVIDE FUNDING FOR TRANSPORTATION PROJECTS IN
11 AREAS WHERE ECONOMIC GROWTH AND DEVELOPMENT HAS MADE THE
12 TRANSPORTATION FACILITIES AND SERVICES INADEQUATE.
13 (C) INTENT.--SINCE THESE TRANSPORTATION FACILITIES AND
14 SERVICES WILL BENEFIT EXISTING AS WELL AS NEWLY DEVELOPED
15 PROPERTIES WITHIN THE DESIGNATED DISTRICT, IT IS THE INTENT OF
16 THE GENERAL ASSEMBLY THAT EACH BENEFITED PROPERTY WITHIN THE
17 DISTRICT, EXISTING AND NEWLY DEVELOPED PROPERTY, BE ASSESSED A
18 PORTION OF THE COST OF THE TRANSPORTATION PROJECT.
19 SECTION 2. SECTIONS 2, 3 AND 4 OF THE ACT ARE AMENDED TO
20 READ:
21 Section 2. Transportation development districts.
22 (a) Establishment of districts.--[Except in counties of the
23 second class, the] The governing body of any municipality or
24 municipal authority, acting singly or in cooperation with one or
25 more other municipalities or municipal authorities, may
26 establish within the boundaries of the municipality or
27 municipalities, or in the case of a municipal authority within
28 the boundaries of the municipality or municipalities that
29 organized the municipal authority, [an] A SPECIFIC area or areas <--
30 designated as a transportation development district for the
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1 purpose of planning, financing, acquiring, developing,
2 [improving] CONSTRUCTING and operating transportation facilities <--
3 or transportation services within the district, PROVIDED THAT <--
4 THE PROPOSED PROJECTS EXPAND OR IMPROVE EXISTING TRANSPORTATION
5 FACILITIES OR SERVICES. However, a municipal authority may not
6 designate or join in the designation of an area or areas as a
7 transportation development district without the express approval
8 of the governing body or bodies of the municipality or
9 municipalities that organized that municipal authority. AN AREA <--
10 SHALL NOT BE DESIGNATED AS A TRANSPORTATION DEVELOPMENT DISTRICT
11 FOR THE PURPOSE OF MAINTAINING OR REPAIRING AN EXISTING
12 FACILITY. ALL PROPERTIES HAVING A SUBSTANTIAL RELATIONSHIP TO
13 THE PROPOSED TRANSPORTATION FACILITY OR SERVICE SHALL BE
14 CONSIDERED BENEFITED BY THE FACILITY OR SERVICE AND SHALL BE
15 INCLUDED IN THE TRANSPORTATION DEVELOPMENT DISTRICT.
16 * * * <--
17 (B) FACILITY PROJECTS.--TRANSPORTATION FACILITY PROJECTS <--
18 WHICH MAY BE UNDERTAKEN WITHIN A DISTRICT SHALL INCLUDE ANY
19 SYSTEM OF PUBLIC HIGHWAY OR PASSENGER TRANSPORTATION, INCLUDING,
20 BUT NOT LIMITED TO, LOCAL STREETS, ROADS, SIDEWALKS, ALLEYS,
21 PASSAGEWAYS, TRAFFIC-CONTROL SYSTEMS, STRUCTURES, ROADBEDS,
22 RAILROADS, BUSES, TROLLEYS, SUBWAYS AND OTHER EQUIPMENT FOR
23 PUBLIC PASSENGER TRANSPORTATION; GUIDEWAYS, ELEVATED STRUCTURES,
24 BUILDINGS, STATIONS, TERMINALS, DOCKS, SHELTERS, WATERWAYS,
25 FERRYBOATS, AIRPORTS AND PARKING AREAS FOR USE IN CONNECTION
26 WITH ANY OF THE FOREGOING; TUNNELS, SYSTEMS FOR CONNECTING
27 TRANSPORTATION ROUTES OR CORRIDORS, AND RIGHTS-OF-WAY THEREFOR;
28 COMMUNICATION SYSTEMS, EQUIPMENT, FURNISHINGS, PAVING OR ANY
29 OTHER MATERIALS REQUIRED FOR ANY OF THE FOREGOING; OR ANY
30 FRACTIONAL OR UNDIVIDED COOWNERSHIP INTEREST IN ANY ONE OR
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1 COMBINATION OF ANY OF THE FOREGOING THAT MAY BE DEEMED BY THE
2 MUNICIPALITY OR MUNICIPAL AUTHORITY TO BE NECESSARY AND
3 DESIRABLE; PROVIDED THAT A FACILITY PROJECT MAY NOT INCLUDE THE
4 MAINTENANCE OR REPAIR OF EXISTING FACILITIES.
5 (C) [SERVICES] SERVICE PROJECTS.--TRANSPORTATION [SERVICES]
6 SERVICE PROJECTS WHICH MAY BE [PROVIDED] UNDERTAKEN WITHIN A
7 DISTRICT SHALL INCLUDE ANY SYSTEM OF PUBLIC PASSENGER
8 TRANSPORTATION BY ANY MODE AND THE SALARIES AND COSTS ASSOCIATED
9 THEREWITH, THE PROVISION OF ANY SYSTEM OF PUBLIC HIGHWAY
10 TRANSPORTATION AND THE SALARIES AND COSTS ASSOCIATED THEREWITH,
11 AND ANY METHOD BY WHICH A MUNICIPALITY OR MUNICIPAL AUTHORITY
12 PROVIDES, PLANS FOR, IMPLEMENTS, UNDERTAKES[, MAINTAINS,
13 PRESERVES] OR OTHERWISE MAKES AVAILABLE TO THE PUBLIC
14 TRANSPORTATION FACILITIES AND ANY METHOD BY WHICH A MUNICIPALITY
15 OR MUNICIPAL AUTHORITY OPERATES, PROVIDES, MAINTAINS OR HOLDS
16 OUT FOR THE PUBLIC TRANSPORTATION BENEFITS UNDER THE PROVISIONS
17 OF THIS ACT.
18 (D) GOVERNING BODY.--THE GOVERNING BODY OF A MUNICIPALITY OR
19 MUNICIPAL AUTHORITY DESIGNATING A TRANSPORTATION DEVELOPMENT
20 DISTRICT MAY EXERCISE ALL POWERS OTHERWISE GRANTED BY LAW TO
21 SUCH MUNICIPALITY OR MUNICIPAL AUTHORITY IN ORDER TO PLAN,
22 FINANCE, DEVELOP, IMPROVE OR OPERATE ANY TRANSPORTATION
23 FACILITIES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE
24 APPROPRIATION AND EXPENDITURE OF FUNDS, AND THE ACQUISITION, BY
25 GIFT, PURCHASE OR EMINENT DOMAIN, OF LAND, REAL PROPERTY OR
26 RIGHTS-OF-WAY NEEDED FOR THE PURPOSE OF TRANSPORTATION
27 FACILITIES OR SERVICES WITHIN THE DISTRICT.
28 Section 3. Financing of transportation development.
29 (a) In general.--The governing body of any municipality or,
30 in the case of paragraphs (4) and (5), any municipal authority
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1 which has designated an area as a transportation development
2 district may finance a transportation facility or transportation
3 service within such district by:
4 (1) Imposing [an] A FAIR AND REASONABLE assessment upon <--
5 business property located within the district subject to the
6 limitations of and pursuant to the procedures and
7 requirements of sections 2(2) (except that the protest <--
8 procedure shall not apply) through (5), 3 and 4 of the act of
9 November 30, 1967 (P.L.658, No.305), known as the Business
10 Improvement District Act of 1967. However, if the assessment
11 imposed is authorized to be paid in installments, the
12 installments need not be equal. Also, the property on which
13 improvements are to be made need not be acquired if the
14 improvements will be in a right-of-way.
15 * * * <--
16 (2) IMPOSING [AN] A FAIR AND REASONABLE ASSESSMENT ON <--
17 EACH BENEFITED PROPERTY WITHIN THE SPECIFIC DISTRICT USING A
18 FORMULA ADOPTED BY THE GOVERNING BODY OF THE MUNICIPALITY
19 BASED UPON ACTUAL OR PROJECTED USAGE BY EACH PROPERTY WITHIN
20 THE DISTRICT OF THE TRANSPORTATION FACILITIES OR SERVICES TO
21 BE FINANCED BY [THE] SUCH DISTRICT. THERE SHALL BE NO
22 EXCEPTION, EXCLUSION OR PREFERENCE GRANTED TO ANY PROPERTY.
23 (3) Imposing any tax otherwise permitted to that <--
24 municipality by law, but restricting such tax to subjects of
25 taxation located within a transportation development
26 district, and restricting the receipts of such tax to the
27 financing of such transportation facility or service, <--
28 PROVIDED, HOWEVER, THAT WHERE THE TRANSPORTATION DISTRICT IS
29 NOT COTERMINOUS WITH THE MUNICIPAL BOUNDARIES, SUCH
30 TRANSPORTATION DISTRICTS MUST BE COTERMINOUS OR SOLELY WITHIN
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1 A "DETERIORATED AREA" AS DEFINED BY SECTION 4(A) OF THE ACT
2 OF DECEMBER 1, 1977 (P.L.237, NO.76), KNOWN AS THE LOCAL
3 ECONOMIC REVITALIZATION TAX ASSISTANCE ACT.
4 * * * <--
5 Section 2. This act shall take effect in 60 days.
6 (4) ISSUING NOTES AND BONDS AND ENTERING INTO LEASES, <--
7 GUARANTEES AND SUBSIDY CONTRACTS PURSUANT TO THE PROVISIONS
8 OF THE ACT OF JULY 12, 1972 (P.L.781, NO.185), KNOWN AS THE
9 LOCAL GOVERNMENT UNIT DEBT ACT, OR, IN THE CASE OF A
10 MUNICIPAL AUTHORITY, PURSUANT TO THE PROVISIONS OF THE ACT OF
11 MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
12 AUTHORITIES ACT OF 1945.
13 (5) ACCEPTING GRANTS, GIFTS AND DONATIONS.
14 (B) MUNICIPAL AUTHORITY.--A MUNICIPAL AUTHORITY MAY NOT
15 IMPOSE AN ASSESSMENT UNDER PARAGRAPH (1) OR (2) OF SUBSECTION
16 (A) WITHOUT THE EXPRESS APPROVAL OF THE GOVERNING BODY OR BODIES
17 OF THE MUNICIPALITY OR MUNICIPALITIES IN WHICH THE DISTRICT IS
18 LOCATED, AS PROVIDED IN SECTION 4B(W) OF THE MUNICIPALITY
19 AUTHORITIES ACT OF 1945, AND A MUNICIPAL AUTHORITY MAY NOT
20 IMPOSE ANY TAX PURSUANT TO SUBSECTION (A)(3). HOWEVER, A
21 MUNICIPALITY MAY IMPOSE A TAX PURSUANT TO SUBSECTION (A)(3) TO
22 ASSIST A MUNICIPAL AUTHORITY IN FINANCING A TRANSPORTATION
23 FACILITY OR SERVICE IN A TRANSPORTATION DEVELOPMENT DISTRICT IF
24 THE DISTRICT WAS DESIGNATED AS SUCH BY THE MUNICIPAL AUTHORITY
25 WITH THE APPROVAL OF THE MUNICIPALITY AS PROVIDED FOR IN SECTION
26 2(A).
27 (C) CLAIMS TO SECURE ASSESSMENTS.--CLAIMS TO SECURE THE
28 ASSESSMENTS IMPOSED PURSUANT TO THIS SECTION SHALL BE ENTERED IN
29 THE OFFICE OF THE PROTHONOTARY OF THE COUNTY AT THE SAME TIME
30 AND IN THE SAME FORM AND SHALL BE COLLECTED IN THE SAME MANNER
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1 AS MUNICIPAL CLAIMS ARE FILED AND COLLECTED, SUBJECT TO THE
2 PROVISIONS OF SECTION 4(C) OF THE BUSINESS IMPROVEMENT DISTRICT
3 ACT OF 1967. THE RESOLUTION OR ORDINANCE AUTHORIZING AN
4 ASSESSMENT IMPOSED PURSUANT TO THIS SECTION MAY LIMIT THE
5 ABILITY OF A BENEFITED PROPERTY OWNER TO PREPAY SCHEDULED
6 INSTALLMENTS OF SUCH ASSESSMENTS.
7 (D) LIMITATIONS.--
8 (1) ASSESSMENTS UNDER PARAGRAPH (1) OR (2) OF SUBSECTION
9 (A) SHALL BE USED ONLY FOR NEW OR IMPROVED TRANSPORTATION
10 FACILITIES OR SERVICES.
11 (2) THE PROCEEDS FROM FINANCING ACTIVITIES UNDER
12 SUBSECTION (A) SHALL NOT EXCEED THE TOTAL COSTS IDENTIFIED IN
13 THE MULTIYEAR TRANSPORTATION IMPROVEMENT PROGRAM AND
14 FINANCIAL PLAN REQUIRED BY SECTION 4, EXCEPT: <--
15 (I) TO COVER UNANTICIPATED COST INCREASES NOT
16 EXCEEDING 10% ON A FACILITY OR SERVICES BASIS; OR
17 (II) IN CASES WHERE A PROJECT REVISION RESULTS IN A
18 COST INCREASE, AFTER PUBLIC HEARING THEREON AS SET FORTH
19 IN SUBSECTION (E) AND THE PASSAGE OF AN ORDINANCE
20 REVISING THE PROJECT OR THE MULTIYEAR PLAN AND FINANCIAL
21 PLAN TO REFLECT SUCH INCREASE.
22 (E) PUBLIC HEARINGS.--PUBLIC HEARINGS SHALL BE REQUIRED
23 BEFORE PASSAGE OF THE ENABLING ORDINANCE. AT SUCH PUBLIC
24 HEARINGS ANY INTERESTED PARTY MAY BE HEARD. NOTICE OF SUCH
25 HEARINGS SHALL BE ADVERTISED AT LEAST 15 DAYS PRIOR THERETO IN A
26 NEWSPAPER CIRCULATING IN SUCH MUNICIPALITIES. SAID ORDINANCE
27 SHALL SPECIFY THE TRANSPORTATION PROJECT, THE TRANSPORTATION
28 DEVELOPMENT DISTRICT OR DISTRICTS RELATED THERETO, WITH
29 RESPECTIVE COSTS, TO BE UNDERTAKEN. "COSTS OF ANY IMPROVEMENT"
30 OR "TOTAL COST OF IMPROVEMENTS" AS USED IN THIS ACT SHALL
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1 INCLUDE, BUT NOT BE LIMITED TO, THE TRANSPORTATION PROJECT,
2 ENGINEERING, ARCHITECTURAL, ATTORNEY OR OTHER CONSULTING FEES,
3 FINANCING COSTS AND ALL OTHER COSTS NECESSARY AND INCIDENTAL TO
4 THE COMPLETION OF THE IMPROVEMENT. SAID ORDINANCE SHALL NOT
5 BECOME EFFECTIVE IF BEFORE THE EXPIRATION OF 45 DAYS AFTER ITS
6 ENACTMENT, PROPERTY OWNERS OF THE PROPOSED DISTRICT WHOSE
7 PROPERTY VALUATION AS ASSESSED FOR TAXABLE PURPOSES SHALL AMOUNT
8 TO MORE THAN 50% OF THE TOTAL PROPERTY VALUATION OF THE
9 DISTRICT, SHALL SIGN AND FILE, IN THE OFFICE OF THE PROTHONOTARY
10 OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISTRICT
11 IS LOCATED, A WRITTEN PROTEST AGAINST SAID ORDINANCE.
12 (F) NOTICE TO PROPERTY OWNERS.--NO MUNICIPALITY OR AUTHORITY <--
13 MAY IMPOSE ANY ASSESSMENT UNDER THIS SECTION UNTIL IT HAS
14 PROVIDED AT LEAST 15 DAYS PRIOR TO THE FIRST NOTICE OF THE
15 PUBLIC HEARING AS REQUIRED BY SUBSECTION (E), THE MUNICIPALITY
16 OR AUTHORITY SHALL PROVIDE A WRITTEN NOTICE TO THE OWNERS OF ALL
17 PROPERTY IN THE DISTRICT SETTING FORTH: THE TOTAL COST OF THE
18 PROJECT PROPOSED, THE TOTAL AMOUNT TO BE ASSESSED IN THE
19 DISTRICT, CLEAR AND SPECIFIC INFORMATION FROM WHICH THE PROPERTY
20 OWNER CAN CLEARLY UNDERSTAND THE AMOUNT OF ASSESSMENT TO BE
21 IMPOSED ON THE LANDOWNER'S PROPERTY, AND AN EXPLANATION OF THE
22 RIGHT TO OBJECT AND THE REQUIREMENTS TO PREVENT THE ORDINANCE
23 FROM BECOMING EFFECTIVE PURSUANT TO SUBSECTION (E). WRITTEN
24 NOTICE SHALL BE DEEMED GIVEN WHEN SENT BY FIRST CLASS MAIL,
25 POSTAGE PREPAID, TO THE PERSON AND ADDRESS LISTED IN THE COUNTY
26 REAL PROPERTY ASSESSMENT RECORDS. NO ASSESSMENT SHALL BE INVALID
27 ON ACCOUNT OF FAILURE OF A PERSON TO RECEIVE WRITTEN NOTICE.
28 (G) LIMITATION ON USE OF FUNDS.--NO FUNDS OBTAINED UNDER
29 THIS SECTION SHALL BE USED FOR ANY PURPOSE OTHER THAN FINANCING
30 THE TRANSPORTATION PROJECT FOR WHICH SAID FUNDS WERE INITIALLY
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1 RAISED.
2 SECTION 4. TRANSPORTATION PLANNING.
3 (A) STUDY.--MUNICIPALITIES OR MUNICIPAL AUTHORITIES
4 ESTABLISHING A DISTRICT SHALL UNDERTAKE OR COMMISSION THE
5 UNDERTAKING OF A COMPREHENSIVE STUDY TO DETERMINE THE PROGRAM OF
6 PROJECTS TO BE FINANCED WITHIN THE DISTRICT. THE ANALYSIS OF
7 PROJECTS SHALL CONFORM WITH FEDERAL, STATE AND REGIONAL
8 STANDARDS FOR INTEGRATED TRANSPORTATION PLANNING AND
9 PROGRAMMING. THE STUDY SHALL IDENTIFY THE BENEFICIARIES OF ALL
10 PROJECTS IN THE TRANSPORTATION IMPROVEMENT PROGRAM AND INCLUDE
11 AN ANALYSIS OF COST ALLOCATION AMONG BENEFICIARIES PRORATED
12 ACCORDING TO BENEFITS TO BE RECEIVED.
13 (B) MULTIYEAR PROGRAM.--MUNICIPALITIES OR MUNICIPAL
14 AUTHORITIES ESTABLISHING A DISTRICT SHALL DEVELOP A MULTIYEAR
15 TRANSPORTATION IMPROVEMENT PROGRAM AND FINANCIAL PLAN. THE
16 MULTIYEAR TRANSPORTATION IMPROVEMENT PROGRAM SHALL [IDENTIFYING]
17 IDENTIFY PRIORITIES AND PROVIDE A SCHEDULE FOR TRANSPORTATION
18 FACILITIES TO BE CONSTRUCTED [OR RECONSTRUCTED] OR
19 TRANSPORTATION SERVICES TO BE OFFERED. THE FINANCIAL PLAN SHALL
20 INCLUDE THE TOTAL AND CONSTITUENT COST OF THE PROGRAM OF
21 PROJECTS AND ALL SOURCES OF FUNDING. THE PROGRAM MUST BE
22 SUBMITTED TO THE APPROPRIATE [COUNTY OR] MUNICIPAL, COUNTY AND
23 REGIONAL PLANNING [COMMISSION OR] COMMISSIONS FOR APPROVAL. THE
24 COMMISSIONS SHALL APPROVE OR REJECT THE PROGRAM WITHIN 60 DAYS
25 OF SUBMISSION.
26 (C) [COUNTYWIDE PLAN] COUNTY AND REGIONAL PROGRAMS.--
27 MUNICIPALITIES OR MUNICIPAL AUTHORITIES ESTABLISHING
28 TRANSPORTATION DEVELOPMENT DISTRICTS SHALL COOPERATE IN THE
29 FORMULATION OF A COUNTYWIDE [PLAN] TRANSPORTATION IMPROVEMENT
30 PROGRAM OF ANY [PROGRAMS] PROJECTS AFFECTING THE STATE HIGHWAY
19850H1812B3713 - 9 -
1 SYSTEM. THE [PLAN] COUNTYWIDE PROGRAM SHALL BE SUBMITTED TO THE
2 REGIONAL PLANNING COMMISSION FOR [CONSIDERATION OF] REVIEW,
3 APPROVAL AND CONSOLIDATION INTO THE REGIONAL TRANSPORTATION PLAN
4 AND PROGRAM. WHERE NO REGIONAL PLANNING COMMISSION EXISTS, SUCH
5 PLANS AND PROGRAMS SHALL BE SUBMITTED DIRECTLY TO THE DEPARTMENT
6 OF TRANSPORTATION FOR CONSIDERATION FOR CONSOLIDATION INTO THE
7 COMMONWEALTH'S 12-YEAR TRANSPORTATION PLAN. THE REGIONAL
8 PLANNING COMMISSION OR, IF APPROPRIATE, THE DEPARTMENT SHALL
9 REJECT OR APPROVE THE PROGRAM WITHIN 60 DAYS OF SUBMISSION.
10 (D) DEPARTMENT OF TRANSPORTATION.--AN ADOPTED [PLAN]
11 COUNTYWIDE OR REGIONAL PROGRAM SHALL BE PRESENTED TO THE
12 DEPARTMENT OF TRANSPORTATION FOR [CONSIDERATION FOR] REVIEW,
13 APPROVAL AND CONSOLIDATION INTO THE COMMONWEALTH'S 12-YEAR
14 TRANSPORTATION PROGRAM. THE DEPARTMENT SHALL REJECT OR APPROVE
15 THE PROGRAM WITHIN 100 DAYS OF SUBMISSION.
16 (E) FINANCING ACTIVITIES.--NO FINANCING ACTIVITIES UNDER
17 SECTION 3 SHALL TAKE PLACE UNTIL A PROGRAM OF PROJECTS FOR THE
18 ENSUING YEAR (OR GROUP OF YEARS) HAS BEEN ADOPTED AND ALL
19 PLANNING ACTIVITIES AND APPROVALS FOR THE PROJECT REQUIRED BY
20 THE SECTION HAVE BEEN COMPLETED.
21 SECTION 3. (A) SECTION 1.1 AND THE AMENDMENTS TO SECTIONS 2 <--
22 AND 3(A)(2) SHALL TAKE EFFECT IMMEDIATELY AND APPLY
23 RETROACTIVELY TO JULY 9, 1985.
24 (B) THE REMAINING AMENDMENTS SHALL TAKE EFFECT IMMEDIATELY
25 AND APPLY TO ANY TRANSPORTATION DEVELOPMENT DISTRICT CREATED
26 AFTER THE EFFECTIVE DATE OF THIS ACT.
27 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. IF, PRIOR <--
28 TO THE EFFECTIVE DATE OF THIS AMENDATORY ACT, NOTICE WAS GIVEN
29 UNDER SECTION 3 OF THE ACT OF JULY 9, 1985 (P.L.187, NO.47),
30 KNOWN AS THE TRANSPORTATION PARTNERSHIP ACT, PURSUANT TO THE
19850H1812B3713 - 10 -
1 REQUIREMENTS OF THE ACT OF NOVEMBER 30, 1967 (P.L.658, NO.305),
2 KNOWN AS THE BUSINESS IMPROVEMENT DISTRICT ACT OF 1967, THE
3 NOTICE GIVEN SHALL BE CONSIDERED AS BEING IN COMPLIANCE WITH
4 THIS AMENDATORY ACT.
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