PRINTER'S NO. 955

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 825 Session of 1985


        INTRODUCED BY STAUFFER, JUBELIRER, CORMAN, SCANLON, WILT, LYNCH,
           FISHER AND O'PAKE, MAY 6, 1985

        REFERRED TO TRANSPORTATION, MAY 6, 1985

                                     AN ACT

     1  Providing for transportation development projects by
     2     municipalities.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the
     7  Transportation Partnership Act.
     8  Section 2.  Transportation development districts.
     9     (a)  Establishment of districts.--The governing body of any
    10  municipality, acting singly or in cooperation with one or more
    11  other municipalities, may establish within the municipality or
    12  municipalities an area or areas designated as a transportation
    13  development district for the purpose of planning, financing,
    14  acquiring, developing, improving and operating transportation
    15  facilities or transportation services within the district.
    16     (b)  Facility projects.--Transportation facility projects
    17  which may be undertaken within a district shall include any


     1  system of public highway or passenger transportation, including,
     2  but not limited to, local streets, roads, sidewalks, alleys,
     3  passageways, traffic control systems, structures, roadbeds,
     4  railroads, buses, trolleys, subways, and other equipment for
     5  public passenger transportation; guideways, elevated structures,
     6  buildings, stations, terminals, docks, shelters, waterways,
     7  ferryboats, airports and parking areas for use in connection
     8  with any of the foregoing; tunnels, systems for connecting
     9  transportation routes or corridors, and rights-of-way therefor;
    10  communication systems, equipment, furnishings, paving or any
    11  other materials required for any of the foregoing; or any
    12  fractional or undivided co-ownership interest in any one or
    13  combination of any of the foregoing that may be deemed by the
    14  municipality to be necessary and desirable.
    15     (c)  Services.--Transportation services which may be provided
    16  within a district shall include any system of public passenger
    17  transportation by any mode and the salaries and costs associated
    18  therewith, the provision of any system of public highway
    19  transportation and the salaries and costs associated therewith,
    20  and any method by which a municipality provides, plans for,
    21  implements, undertakes, maintains, preserves or otherwise makes
    22  available to the public transportation facilities and any method
    23  by which a municipality operates, provides, maintains or holds
    24  out for the public transportation benefits under the provisions
    25  of this act.
    26     (d)  Governing body.--The governing body of a municipality
    27  designating a transportation development district may exercise
    28  all powers otherwise granted by law to such municipality in
    29  order to plan, finance, develop, improve or operate any
    30  transportation facilities or services, including, but not
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     1  limited to, the appropriation and expenditure of funds, and the
     2  acquisition, by gift, purchase or eminent domain, of land, real
     3  property or rights-of-way needed for the purpose of
     4  transportation facilities or services within the district.
     5  Section 3.  Financing of transportation development.
     6     The governing body of any municipality which has designated
     7  an area as a transportation development district may finance a
     8  transportation facility or transportation service within such
     9  district by:
    10         (1)  imposing an assessment upon business property
    11     located within the district subject to the limitations of and
    12     pursuant to the procedures and requirements of the act of
    13     November 30, 1967 (P.L.658, No.305), known as the Business
    14     Improvement District Act of 1967;
    15         (2)  imposing an assessment on each benefited property
    16     within the district using a formula adopted by the governing
    17     body of the municipality based upon actual or projected usage
    18     of the transportation facilities or services to be financed
    19     by the district;
    20         (3)  imposing any tax otherwise permitted by law, but
    21     restricting such tax to subjects of taxation located within a
    22     transportation development district, and restricting the
    23     receipts of such tax to the financing of such transportation
    24     facility or service;
    25         (4)  incurring debt pursuant to the provisions of the act
    26     of July 12, 1972 (P.L.781, No.185), known as the Local
    27     Government Unit Debt Act; or
    28         (5)  accepting grants, gifts and donations.
    29  Section 4.  Transportation planning.
    30     (a)  Study.--The municipality or municipalities establishing
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     1  a district shall undertake or commission the undertaking of a
     2  comprehensive study to determine the program of projects to be
     3  financed within the district. The analysis of projects shall
     4  conform with Federal, State and regional standards for
     5  intergrated transportation planning and programming.
     6     (b)  Multiyear program.--The municipality or municipalities
     7  establishing a district shall develop a multiyear transportation
     8  improvement program identifying priorities for transportation
     9  facilities to be constructed or reconstructed or transportation
    10  services to be offered. The program must be submitted to the
    11  appropriate county or municipal planning commission or
    12  commissions for approval.
    13     (c)  Countywide plan.--Municipalities establishing
    14  transportation development districts shall cooperate in the
    15  formulation of a countywide plan of any programs affecting the
    16  State highway system. The plan shall be submitted to the
    17  regional planning commission for consideration of consolidation
    18  into the regional transportation plan and program. Where no
    19  regional planning commission exists, such plans and programs
    20  shall be submitted directly to the Department of Transportation
    21  for consideration for consolidation into the Commonwealth's 12-
    22  year transportation plan.
    23     (d)  Department of Transportation.--An adopted plan shall be
    24  presented to the Department of Transportation for consideration
    25  for the 12-year transportation program.
    26     (e)  Financing activities.--No financing activities under
    27  section 3 shall take place until a program of projects for the
    28  ensuing year (or group of years) has been adopted, and all
    29  planning activities required by the section have been completed.
    30  Section 5.  Termination.
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     1     (a)  Joint action.--Municipalities jointly designating any
     2  area as a transportation development district, and imposing any
     3  taxes or assessments within the boundaries of such district, may
     4  terminate the designation of the district and the imposition of
     5  such taxes and assessments only upon action by all such
     6  municipalities.
     7     (b)  Termination of district.--The designation of an area as
     8  a district may not be terminated until the projects constituting
     9  the program of projects planned pursuant to section 4 have been
    10  completed or canceled by the governing body of the municipality
    11  or municipalities designating such district.
    12     (c)  Refund.--Upon cancellation of projects, any taxes or
    13  assessments collected for those projects and not utilized by the
    14  municipality or municipalities for the projects shall be
    15  refunded.
    16  Section 6.  Participation in State highway projects.
    17     The governing body of any municipality may participate in and
    18  contribute to the planning, financing, development or
    19  improvement of any State highway located within a transportation
    20  development district upon terms and conditions agreed upon
    21  between the municipality and the Secretary of Transportation.
    22  Section 7.  Repeals.
    23     All acts and parts of acts are repealed insofar as they are
    24  inconsistent with this act.
    25  Section 8.  Effective date.
    26     This act shall take effect immediately.



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