PRINTER'S NO. 216
No. 206 Session of 1991
INTRODUCED BY SCHULER, SCHEETZ, HECKLER, HERSHEY, STRITTMATTER,
COLAIZZO, BARLEY, GEIST, FAIRCHILD, E. Z. TAYLOR AND TRELLO,
FEBRUARY 4, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 1991
AN ACT
1 Providing for the organization of corporations and certain
2 municipal authorities for the purpose of constructing and
3 operating toll roads; providing for the supervision of same
4 by the Pennsylvania Public Utility Commission and the
5 Department of Transportation; and establishing the Toll Road
6 Improvement Fund.
7 The General Assembly finds that there is a compelling public
8 need for rapid construction of safe and efficient highways for
9 the purpose of travel within this Commonwealth, and that it is
10 in the public interest to encourage the construction of
11 additional safe, convenient and economic highway facilities by
12 municipal authorities and private parties, for a reasonable rate
13 of return, provided that adequate safeguards are provided
14 against default in the construction and operation obligations of
15 the operators of such roadways.
16 TABLE OF CONTENTS
17 Chapter 1. Preliminary Provisions
18 Section 101. Short title.
19 Section 102. Definitions.
1 Section 103. Municipal authorities.
2 Chapter 3. Construction and Operation
3 Section 301. Prerequisite for construction and operation.
4 Section 302. Certificate of authority.
5 Section 303. Application.
6 Section 304. Incorporation and eminent domain.
7 Section 305. Powers of commission.
8 Section 306. Powers and duties of roadway operator.
9 Section 307. Approval of department.
10 Section 308. Insurance and sovereign immunity.
11 Section 309. Local approval.
12 Section 310. Utility crossings.
13 Section 311. Highway and roadway crossings.
14 Section 312. Default.
15 Section 313. Police powers.
16 Section 314. Traffic and motor vehicle laws.
17 Section 315. Termination of certificate.
18 Section 316. Toll Road Improvement Fund.
19 Chapter 9. Miscellaneous Provisions
20 Section 901. Repeal.
21 Section 902. Effective date.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 CHAPTER 1
25 PRELIMINARY PROVISIONS
26 Section 101. Short title.
27 This act shall be known and may be cited as the Toll Road
28 Law.
29 Section 102. Definitions.
30 The following words and phrases when used in this chapter
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1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Certificate." The certificate of authority awarded under
4 this act which allows operation of a roadway.
5 "Commission." The Pennsylvania Public Utility Commission of
6 the Commonwealth.
7 "Department." The Department of Transportation of the
8 Commonwealth.
9 "Fund." The Toll Road Improvement Fund.
10 "Highway." The entire width between the boundary lines of
11 every way or place of whatever nature open to the use of the
12 public under the provisions of this act for purposes of
13 vehicular travel in this Commonwealth.
14 "Operation." All functions and pursuits of the operator of
15 any roadway under this chapter which are directly or indirectly
16 related to acquisition, approval, construction, enlargement,
17 maintenance, patrolling, toll collections, or connections of the
18 roadway or highway with any other highway or with any street,
19 road or alley. The term shall also include, without limitation,
20 management and administrative functions attendant to actual
21 physical operation of the roadway and management of the affairs
22 of the operator.
23 "Operator." The corporation which submits to the
24 Pennsylvania Public Utility Commission an application for
25 authority to construct, operate or enlarge a roadway, and which,
26 after issuance of a certificate of authority, is responsible for
27 operation of any roadway under the provisions of this act. The
28 term shall also include a municipal authority established
29 pursuant to section 103 for the purpose of constructing or
30 operating a roadway under this act.
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1 "Person." Any natural person, corporation, partnership,
2 joint venture and any other business entity. The term shall not
3 include the Commonwealth or any agency or instrumentality
4 thereof.
5 "Roadway." That portion of a highway improved, designed or
6 ordinarily used for vehicular travel, exclusive of the shoulder.
7 A highway may include two or more roadways if divided by a
8 physical barrier or barriers or unpaved areas. The term shall
9 include only privately owned or operated highways for use of
10 which a toll or similar single-use charge is imposed.
11 "Toll." The fee charged by the operator for a single use of
12 all or a portion of the roadway.
13 Section 103. Municipal authorities.
14 A council of governments organized under the act of July 12,
15 1972 (P.L.762, No.180), referred to as the Intergovernmental
16 Cooperation Law, may establish a municipal authority for the
17 purpose of constructing or operating a roadway under this act.
18 An authority so established shall have all the rights, powers
19 and duties of corporate roadway operators under this act.
20 Authorities so established shall be governed by the provisions
21 of the act of May 2, 1945 (P.L.382, No.164), known as the
22 Municipality Authorities Act of 1945, to the extent those
23 provisions do not conflict with this act.
24 CHAPTER 3
25 CONSTRUCTION AND OPERATION
26 Section 301. Prerequisite for construction and operation.
27 No person may construct, operate or enlarge any roadway,
28 within this Commonwealth without first having obtained a
29 certificate of authority from the commission authorizing such
30 construction, operation or enlargement.
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1 Section 302. Certificate of authority.
2 Any person may apply to the commission for a certificate of
3 authority to construct or operate a roadway, or to extend or
4 enlarge a roadway for which a certificate has been issued under
5 this act. If the commission determines in writing, after notice
6 and opportunity for a hearing, that the application is complete,
7 that approval of the application is in the public interest and
8 that the applicant has complied with the provisions of this act,
9 it shall approve the application, with or without modification,
10 unless it receives a duly adopted resolution of the governing
11 body of any jurisdiction through which the roadway passes, which
12 requests that the commission deny the application, in which case
13 the commission shall do so. If the application is approved, the
14 operator shall construct the roadway. Upon completion of
15 construction and the opening of the roadway to the public, the
16 roadway shall be kept open at all times for use by the public
17 and made accessible to the public, upon payment of the toll
18 established by the operator, provided that the roadway may be
19 partially or completely closed, temporarily, with the
20 concurrence of the department, to protect the public safety or
21 for reasonable construction or maintenance procedures.
22 Section 303. Application.
23 The commission may charge a reasonable application fee to
24 cover the costs of processing, reviewing and approving or
25 denying the application. The application for a certificate of
26 authority shall contain the following material and information:
27 (1) The geographic area to be served by the roadway and
28 a survey indicating the route of the roadway.
29 (2) A list of the property owners through whose property
30 the roadway or highway will pass or whose property will abut
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1 the roadway or highway.
2 (3) The method by which the operator will secure all
3 rights-of-way required for the roadway, including a
4 description of the nature of the interest in the lands to be
5 acquired, which shall provide, at a minimum, for permanent
6 dedication so long as the lands are used for transportation
7 purposes.
8 (4) The comprehensive plan or plans for all
9 municipalities through which the roadway will pass and an
10 analysis which shows that the roadway conforms to these
11 comprehensive plans. To the extent that the roadway conforms
12 to such plans, the fact that the operator is a corporation,
13 as opposed to the Commonwealth, shall not affect the
14 construction and operation of the roadway.
15 (5) The operator's plan for financing the proposed
16 construction or enlargement of the roadway, including
17 proposed tolls to be charged for use of the roadway,
18 projected amounts to be collected from such tolls and
19 anticipated traffic volume and detailed plans for
20 distribution of funds, including the priority in which
21 necessary expenditures will be made.
22 (6) The operator's plan for operation of the proposed
23 roadway or enlargement thereof.
24 (7) A list of all permits and approvals required for
25 construction of the roadway from Federal, State or local
26 agencies and a schedule for securing such approvals.
27 (8) An overall description of the project, the project
28 design and all proposed interconnections with the State
29 highway system, including any interstate highway, or
30 secondary system of highways or the streets or roads of any
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1 municipality not within the State highway system, accompanied
2 by a copy of the approval of the project, the roadway design
3 and interconnections from the department, as well as the
4 municipality for connection with a street or road not under
5 State control.
6 (9) A list of public utility facilities to be crossed
7 and plans for such crossings or relocations of such
8 facilities.
9 (10) A certificate of the operator that the roadway will
10 be designed and constructed to meet department standards, and
11 substantially in accordance with a proposed timetable which
12 is agreeable to the department, and that the operator will
13 provide a design, review and inspection agreement with the
14 department which shall provide that the department shall
15 authorize construction upon review and approval of the plans
16 and specifications for the roadway and its interconnection
17 with other roads, and that it shall inspect periodically the
18 progress of the construction work to ensure its compliance
19 with the department standards.
20 (11) Completion and performance bonds in form and amount
21 satisfactory to the commission, which amounts shall be set
22 after consultation with the department.
23 Section 304. Incorporation and eminent domain.
24 The applicant shall be incorporated under the laws of this
25 Commonwealth relating to business corporations or governed by
26 the act of May 2, 1945 (P.L.382, No.164), known as the
27 Municipality Authorities Act of 1945, as the case may be.
28 Eminent domain shall not be exercised by the operator for the
29 purpose of acquiring any lands or estates or interests therein,
30 nor any other property used by the operator for the construction
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1 or enlargement of a roadway pursuant to this act.
2 Section 305. Powers of commission.
3 The commission shall have the power, and be charged with the
4 duties of reviewing and approving or denying the application, of
5 supervising and controlling the operator in the performance of
6 its duties under this act and of correcting any abuse in the
7 performance of the operator's public duties. The commission
8 shall require, from the operator, a verified report describing
9 the nature of its contractual and other relationships with
10 individuals or entities contracting with the operator for the
11 provision of significant financial, construction or maintenance
12 services. The commission shall review the report and such other
13 materials as it shall deem necessary for the purpose of
14 determining improper or excessive costs, and shall exclude from
15 the operator's costs any amounts which it finds are improper or
16 excessive. The commission also shall have the duty and authority
17 to approve or revise the toll rates charged by the operator.
18 Initial rates shall be approved if they appear reasonable to the
19 user in relation to the benefit obtained, not likely to
20 materially discourage use of the roadway and to provide the
21 operator no more than a reasonable rate of return as determined
22 by the commission. Thereafter, the commission, upon application,
23 complaint or its own initiative, and after investigation, may
24 order substituted for any toll being charged by the operator a
25 toll which is set at a level which is reasonable to the user in
26 relation to the benefit obtained, which will not materially
27 discourage use of the roadway by the public and which will
28 provide the operator no more than a reasonable return as
29 determined by the commission.
30 Section 306. Powers and duties of roadway operator.
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1 (a) Tolls and revenue.--The operator shall have the
2 authority to operate the roadway and charge tolls for the use
3 thereof, and shall pledge any revenue net of operational
4 expenses realized from tolls charged for the use of the roadway
5 in order to secure repayment of any obligations incurred for the
6 construction, enlargement or operation of such roadway. The
7 debts or obligations of the operator shall be limited to an
8 amount not to exceed the cost of construction plus an amount for
9 issuance cost and other financing expenses, and a reasonable
10 amount for reserve funds. The Commonwealth shall not obligate
11 its full faith and credit on any financing of the operator and
12 assumption of operation of the project shall not obligate the
13 Commonwealth to pay any obligation of the operator, whether
14 secured or otherwise, from sources other than toll revenue.
15 Subject to applicable permit requirements, the operator shall
16 have the authority to cross any canal or navigable watercourse
17 so long as the crossing does not unreasonably interfere with
18 navigation and use of the waterway. In operating the roadway,
19 the operator may:
20 (1) classify traffic according to reasonable categories
21 for assessment of tolls; and
22 (2) with the consent of the department, make and enforce
23 reasonable regulations, including regulations which:
24 (i) Set maximum and minimum speeds that shall
25 conform to department and Commonwealth practices.
26 (ii) Exclude undesirable vehicles or cargoes or
27 materials from the use of the roadway.
28 (iii) Establish commuter lanes for use during all or
29 any part of a day and limit the use of such lanes to
30 certain traffic, if deemed necessary by the department.
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1 The enumeration of powers in this subsection shall not limit the
2 power of the operator to do anything it deems necessary and
3 appropriate in the operation of the roadway, provided that the
4 practice is reasonable and nondiscriminatory.
5 (b) Duties.--The operator shall have the following duties:
6 (1) It shall file and maintain at all times with the
7 commission an accurate schedule of rates charged to the
8 public for use of all or any portion of the roadway, and it
9 shall also file and maintain a statement that such rates will
10 apply uniformly to all users within any such reasonable
11 classification as the operator may elect to implement.
12 (2) It shall construct and maintain the roadway for
13 anticipated use according to appropriate standards of the
14 department for public highways operated and maintained by the
15 department, and enlarge or expand the road when unsatisfied
16 demand for use of the roadway makes it economically feasible
17 to do so. The operator shall agree with the department for
18 inspection of construction work by the department at
19 appropriate times during any construction or enlargement. In
20 addition, it shall cooperate fully with the department in
21 establishing any interconnection with the roadway that the
22 department may make.
23 (3) It shall contract with the Commonwealth for
24 enforcement of the traffic and public safety laws by State
25 authorities, and may similarly contract with appropriate
26 local authorities for those portions of the roadway within
27 the local jurisdiction.
28 Section 307. Approval of department.
29 (a) General rule.--The applicant for a certificate of
30 authority to construct or enlarge a roadway pursuant to this act
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1 shall first secure the approval of the department for the
2 project, the project construction costs, the location and design
3 of the roadway, and its connection with any road under the
4 jurisdiction of the department, at proper and convenient places,
5 in order to provide for the convenience of the public. The
6 department shall approve or deny approval:
7 (1) sixty days following receipt of a description of the
8 proposed location and design of the roadway and its
9 connection with all other roads; or
10 (2) forty-five days following the conduct of a hearing
11 held under 2 Pa.C.S. (relating to administrative law and
12 procedure).
13 The department shall approve the project and its
14 interconnections with other roads if there is a public need for
15 a road project of the type proposed and the project and its
16 interconnections are compatible with the existing road network.
17 It shall approve the project construction costs if they are
18 reasonable. If interconnections with an interstate highway or
19 other Federal facility are contemplated, the department's
20 approval shall be conditioned upon ultimate approval of any
21 interconnection if such Federal approvals are required and have
22 not been obtained by the time the department acts. Approval of
23 the roadway design shall not be withheld if it conforms
24 materially with department practices for toll facilities of
25 similar size and with similar usage patterns. In making its
26 determinations, the department shall keep in mind the public
27 interest, which may include, without limitation, such
28 considerations as the relative speed of the construction of the
29 project and the allocation of the technical, financial and human
30 resources of the department. The approval granted by the
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1 department shall be conditioned upon subsequent compliance by
2 the applicant with the agreement contemplated by subsection (b).
3 If the roadway is to be built partially or completely along
4 existing State highway right-of-way, the department shall grant
5 the applicant authority to use such right-of-way only if deemed
6 necessary.
7 (b) Comprehensive agreement.--If approval of the project,
8 project design and connections of the roadway is granted by the
9 department, it shall thereafter enter into a comprehensive
10 agreement with the applicant which provides, inter alia, that
11 the department shall review and approve plans and specifications
12 for the roadway if they conform to Commonwealth practices; that
13 the department will inspect and approve construction of the
14 roadway if it conforms to the plans and specifications or
15 Commonwealth construction and engineering standards; that the
16 department will, throughout the life of the roadway project,
17 monitor the maintenance practices of the operator and take such
18 actions as are appropriate to ensure the performance of
19 maintenance obligations; and that the department shall be
20 reimbursed for its direct project costs, by the operator, for
21 the services performed by the department. The agreement shall
22 also provide, inter alia, that the operator will establish and
23 fund accounts which shall ensure that funds are available to
24 meet the obligations of the operator, including reasonable
25 reserves for contingencies and maintenance replacement
26 activities. The approval of plans and specifications and
27 construction may be undertaken in phases, but no construction
28 may commence until approval of plans which include that phase of
29 construction. The services for which the department shall be
30 reimbursed include project development costs, such as those
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1 attendant to preparation of environmental impact statements,
2 which are necessary for the construction of the roadway by a
3 private operator but have been performed by the department. The
4 agreement may include a provision that the department will
5 perform services necessary for project development on behalf of
6 the operator, and, in such a case, the department shall be fully
7 reimbursed by the operator for its direct costs.
8 Section 308. Insurance and sovereign immunity.
9 Any operator who constructs, operates or enlarges a roadway
10 pursuant to this act shall secure and maintain a policy or
11 policies of public liability insurance in form and amount
12 satisfactory to the commission and sufficient to insure coverage
13 of tort liability to the public and employees, and to enable the
14 continued operation of the roadway. Proofs of coverage and
15 copies of policies shall be filed with the commission. Nothing
16 in this act shall be construed as or deemed a waiver of the
17 sovereign immunity of the Commonwealth with respect to its
18 participation or approval of all or any part of the roadway
19 application or operation, including, but not limited to,
20 interconnection of the roadway with the State highway system.
21 Municipalities through which a roadway passes shall possess
22 governmental immunity with respect to roadway construction and
23 operation.
24 Section 309. Local approval.
25 (a) General rule.--Prior to the issuance of a certificate of
26 authority by the commission and contemporaneously with the
27 filing of any application materials with the commission, the
28 applicant shall provide the local governing body of each
29 municipality through which any part of the roadway passes,
30 information and materials required by section 303 and an overall
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1 description of the project and its benefits. The governing body
2 of the municipality may participate in procedures conducted by
3 the department or the commission concerning the application.
4 (b) Lands, existing roads, etc.--When the operator wishes to
5 occupy lands owned by any municipality, including streets,
6 alleys or roads, it shall first obtain a franchise allowing such
7 occupancy or it may obtain the necessary interests through grant
8 or other appropriate conveyance of the operator for a period of
9 time not to exceed the term of the certificate.
10 (c) Interconnection plans.--Where the applicant wishes to
11 interconnect with the streets or road system of any
12 municipality, and the municipality is willing to allow the
13 interconnection, it shall submit appropriate plans for the
14 connection to the governing body of the municipality, which
15 shall approve the connection if it determines that the
16 connection meets all appropriate engineering requirements.
17 (d) Supplemental agreements, etc.--The operator and the
18 municipality may also agree on any supplemental or related
19 matters according to such terms and conditions as are
20 reasonable, appropriate and in the public interest, and any such
21 municipality is hereby authorized to enter into such an
22 agreement.
23 Section 310. Utility crossings.
24 The applicant shall include in the application a list of
25 public utility facilities and rights-of-way to be crossed or
26 otherwise affected in the construction of the roadway and a plan
27 and schedule for such crossings. The operator and each public
28 utility whose works are to be crossed or affected shall each
29 have the duty to cooperate fully with the other in the planning
30 and arranging of the manner of the crossing or relocation of the
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1 facilities. Any public utility possessing the powers of eminent
2 domain is hereby expressly granted such powers in connection
3 with the moving or relocation of facilities to be crossed by the
4 roadway or which must be relocated to the extent that such
5 moving or relocation is made necessary by construction of the
6 roadway, which shall be construed to include construction of
7 temporary facilities for the purpose of providing service during
8 the period of construction. Should the applicant or operator and
9 the public utility whose facilities are to be crossed or
10 relocated not be able to agree upon a plan for such crossing or
11 any necessary relocation, either party may request the
12 commission to inquire into the need for the crossing or
13 relocation and to decide whether such crossing or relocation
14 should be compelled, and, if so, the manner in which such
15 crossing or relocation is to be accomplished and any damages due
16 either party arising out of the crossing or relocation. The
17 commission may, in its discretion, employ expert engineers who
18 shall examine the location and plans for such crossing or
19 relocation, hear any objections and consider modifications, and
20 make a recommendation to the commission. In such a case, the
21 cost of the experts is to be borne equally by the applicant and
22 the public utility, unless the commission determines that it
23 would be unjust, in which case the cost shall be borne as the
24 commission decides.
25 Section 311. Highway and roadway crossings.
26 No crossing of a railway, highway, street, road or alley
27 shall be at grade, but shall pass above or below the railway,
28 highway, street, road, or alley, and such crossings are hereby
29 permitted, subject to the provisions of this act.
30 Section 312. Default.
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1 In the event of material and continuing default in the
2 performance of the operator's construction or operation duties
3 or failure of the operator to comply with the terms of its
4 agreement with the department, or in the event that construction
5 has not begun within two years of the issuance of a certificate,
6 the commission, after a hearing in which the applicant or
7 operator has notice and opportunity to participate, may revoke
8 the certificate of authority for the roadway, declare a default
9 in the construction or operation of the roadway, and make or
10 cause to be made the appropriate claim or claims under any
11 completion or performance bonds, or take such other action as it
12 may deem appropriate, under the circumstance. The department may
13 participate in or initiate such proceedings. In case of
14 revocation of a certificate, the applicant or operator shall
15 thereafter be without any authority to construct or operate the
16 roadway, and the department may take over construction and
17 operation of the roadway, and may proceed thereafter to take any
18 steps which are in the public interest, including completion of
19 construction or additions to the roadway, closing the roadway,
20 or any intermediate step. The department shall receive the full
21 proceeds of any payments due to claims against bonding companies
22 or sureties for this purpose. In addition, in such event, the
23 operator shall grant to the department all of its right, title
24 and interest in the assets of the corporation. Nothing herein
25 shall be construed to limit the department's exercise of the
26 power of eminent domain. In either case, the operator may obtain
27 compensation from the department for such assets, except that
28 the department shall first deduct from the value of such assets
29 all of the department's costs incurred in connection with
30 completion or fulfillment of the unperformed obligations of the
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1 operator, and any other costs associated with the events
2 contemplated in this section. The department shall take into
3 account moneys received from the proceeds of any payment or
4 completion bond in calculating the amount due the operator.
5 Section 313. Police powers.
6 The roadway and highways constructed or operated under this
7 act may be policed in whole or in part by officers of the
8 Pennsylvania State Police, even though all or some portion of
9 any such projects lie within the corporate limits of a
10 municipality and just as if the roadway and highway were a part
11 of the State highway system. The operator and the State Police
12 shall agree upon reasonable terms and conditions pursuant to
13 which the activities contemplated in this section may take
14 place. Such officers shall be under the exclusive control and
15 direction of the Commissioner of the Pennsylvania State Police
16 and shall be responsible for the preservation of public peace,
17 prevention of crime, apprehension of criminals, protection of
18 the rights of persons and property, and enforcement of the laws
19 of this Commonwealth, within the limits of any highway and
20 roadway. All other police officers of the Commonwealth and of
21 each municipality or other political subdivision of this
22 Commonwealth through which any roadway, or portion thereof,
23 extends shall have the same powers and jurisdiction within the
24 limits of such roadways and highways as they have beyond such
25 limits and shall have access to the highway and road at any time
26 for the purpose of exercising such powers and jurisdiction. This
27 authority does not extend to the private offices, buildings,
28 garages and other improvements of the operator to any greater
29 degree than the police power extends to any other private
30 buildings and improvements.
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1 Section 314. Traffic and motor vehicle laws.
2 The traffic and motor vehicle laws of this Commonwealth shall
3 apply to persons and motor vehicles on the roadway or highway,
4 and the powers of arrest of police officers shall be the same as
5 those applying to conduct on the State highway system.
6 Punishment for offenses shall be as prescribed by law for
7 conduct occurring on the State highway system.
8 Section 315. Termination of certificate.
9 Within 90 days of completion and closing of the original
10 permanent financing, the operator shall provide full details of
11 the financing, including the terms of all bonds, to the
12 commission; and shall certify the date on which all debt will be
13 retired. The commission may require that the operator provide
14 copies of any relevant documents, and shall review the financing
15 and determine the date on which all bonds or other debt
16 constituting the original permanent financing will be retired.
17 After establishing this date, the commission shall enter an
18 order terminating the operator's authority pursuant to the
19 certificate of authority on a date which shall be ten years from
20 the date on which all of the original permanent financing will
21 be completely retired. At the request of the operator or the
22 department, or on its own initiative, the commission may revise
23 its order to modify the date for termination of the certificate
24 of authority in order to take into account any refinancing of
25 the original permanent financing, where the refinancing or
26 modification is in the public interest, or any refinancing for
27 the purpose of expansion, or early retirement of the debt. Upon
28 the termination of the certificate of authority, the authority
29 and duties of the operator under this chapter shall cease, and
30 the highway assets and improvements of the operator shall be
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1 dedicated to the Commonwealth for highway purposes.
2 Section 316. Toll Road Improvement Fund.
3 (a) Establishment.--There is hereby established a separate
4 account in the State Treasury to be known as the Toll Road
5 Improvement Fund. This fund shall be for the purpose of
6 providing moneys for transportation improvements which are
7 related to or affected by the toll roads operating under this
8 act. All moneys in the fund are hereby appropriated to the
9 commission on a continuing basis to carry out this section.
10 (b) Toll rates.--In setting toll rates, the commission shall
11 determine them in an amount which will:
12 (1) Meet the operators financial obligations under this
13 act.
14 (2) Provide a reasonable rate of return for the
15 operator.
16 (3) Provide a reasonable amount of revenues for the
17 fund.
18 (c) Assistance grants.--The commission shall, by regulation,
19 adopt a plan for the equitable allocation of grants from the
20 fund to municipalities for transportation projects relating to
21 toll roads.
22 CHAPTER 9
23 MISCELLANEOUS PROVISIONS
24 Section 901. Repeal.
25 All acts and parts of acts are repealed insofar as they are
26 inconsistent with this act.
27 Section 902. Effective date.
28 This act shall take effect in 60 days.
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