PRINTER'S NO. 313
No. 301 Session of 2005
INTRODUCED BY GREENLEAF, LOGAN, PILEGGI, PIPPY, TOMLINSON, TARTAGLIONE, WONDERLING, CONTI, COSTA, STACK, KITCHEN, C. WILLIAMS AND RAFFERTY, FEBRUARY 15, 2005
REFERRED TO TRANSPORTATION, FEBRUARY 15, 2005
AN ACT 1 Amending Titles 74 (Transportation) and 75 (Vehicles) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 allocation of additional dedicated funding to public 4 transportation systems; creating a service stabilization and 5 state of good repair program; creating a Major Capital 6 Initiative Program; providing for distribution of 7 supplemental funding; further providing for use of funds 8 distributed; providing for establishment of new formulas for 9 public transportation funding in small urbanized areas and 10 rural areas and for community transit; establishing a new 11 funding mechanism for intercity passenger rail services; and 12 providing for public transportation efforts to raise revenue 13 by alternative means, for cooperative procurement and for 14 special traffic rules. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. The definitions of "Class 4 transit entity" and 18 "urban common carrier mass transportation" in section 1301 of 19 Title 74 of the Pennsylvania Consolidated Statutes are amended 20 and the section is amended by adding definitions to read: 21 § 1301. Definitions. 22 The following words and phrases when used in this chapter 23 shall have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 * * * 3 "Class 4 transit entity." Any local transportation 4 organization or transportation company which serves a 5 nonurbanized area and, during the 1990-1991 fiscal year, 6 received or was approved to receive funding under the act of 7 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania 8 Rural and Intercity Common Carrier Surface Transportation 9 Assistance Act[.], or which received demonstration funding from 10 the planning, development, research, rural expansion and 11 department-initiated programs in section 1310 (relating to 12 distribution of funding) shares prior to the effective date of 13 this definition and which is recommended for continuation of 14 funding by the Department of Transportation. 15 * * * 16 "Class 5 transit entity." A nonprofit coordinator of the 17 shared-ride lottery program for senior citizens, excluding a 18 nonprofit coordinator operating in a first or second class 19 county. Notwithstanding the foregoing, a nonprofit provider in a 20 first or second class county that operates under a brokerage 21 license issued by the Pennsylvania Public Utility Commission 22 prior to the effective date of this section shall be included. 23 * * * 24 "Non-Federal share." The portion of a capital project not 25 covered by a Federal grant or loan, regardless of the percentage 26 of the total project cost covered by the Federal grant or loan 27 or the Federal to non-Federal match ratio included in Federal 28 statutes governing the project if the actual Federal to non 29 Federal match ratio is different than that identified in the 30 governing statute. Where no Federal funds are provided for the 20050S0301B0313 - 2 -
1 project, the non-Federal share is the entire project cost. The 2 term shall apply to capital projects for which State funding is 3 provided under any section of this title, including, but not 4 limited to sections 1302 (relating to program authorizations), 5 1310 (relating to distribution of funding), 1310.1 (relating to 6 supplemental public transporation assistance funding), 1310.2 7 (relating to service stabilization and state of good repair 8 program) and 1310.3 (relating to Major Capital Initiative 9 Program). 10 * * * 11 "Public passenger transportation." Transportation within an 12 area that includes a municipality or other built-up place or a 13 nonurbanized area which is appropriate, in the judgment of the 14 Department of Transportation, for a public passenger 15 transportation system to serve commuters or others in the 16 locality, taking into consideration the local patterns and 17 trends of urban or rural growth, by bus or rail or other 18 conveyance, either publicly or privately owned, serving the 19 general public. The term does not include exclusive ride, 20 charter, group and party and sightseeing service, nonpublic 21 transportation, school bus and private limousine services. 22 * * * 23 ["Urban common carrier mass transportation." Transportation 24 within an area that includes a municipality or other built-up 25 place which is appropriate, in the judgment of the Department of 26 Transportation, for a common carrier transportation system to 27 serve commuters or others in the locality, taking into 28 consideration the local patterns and trends of urban growth, by 29 bus or rail or other conveyance, either publicly or privately 30 owned, serving the general public. The term does not include 20050S0301B0313 - 3 -
1 school buses or charter or sightseeing service.] 2 * * * 3 Section 2. Sections 1302, 1303 and 1310 of Title 74 are 4 amended to read: 5 § 1302. Program authorizations. 6 The department is hereby authorized, within the limitations 7 hereinafter provided, and is required where the provisions of 8 section 1303 (relating to annual appropriation and computation 9 of subsidy) apply: 10 (1) To undertake and to provide financial support for 11 research, by contract or otherwise, concerning [urban common 12 carrier mass] public passenger transportation. 13 (2) To make grants to municipalities, counties, or their 14 instrumentalities, and to agencies and instrumentalities of 15 the Commonwealth to supplement Federal or local or Federal 16 and local funds for use: 17 (i) For the purpose of studies, analysis, planning 18 and development of programs for [urban common carrier 19 mass] public passenger transportation service and 20 facilities, and for the purpose of activities related to 21 the planning, engineering and designing of specific 22 projects which are a part of a comprehensive program, 23 including, but not limited to, activities such as studies 24 related to management, operations, capital requirements 25 and economic feasibility, to the preparation of 26 engineering and architectural surveys, plans and 27 specifications and to other similar or related activities 28 preliminary to and in preparation for the construction, 29 acquisition or improved operation of [urban common 30 carrier mass] public passenger transportation systems, 20050S0301B0313 - 4 -
1 facilities and equipment. State funding under this 2 subparagraph shall not exceed five-sixths of the non- 3 Federal share of the project costs. 4 (ii) To provide for research, development and 5 demonstration projects in all phases of [urban common 6 carrier mass] public passenger transportation, including 7 the development, testing and demonstration of new 8 facilities, equipment, techniques and methods, to assist 9 in the solution of urban or rural transportation 10 problems, in the improvement of [mass] public passenger 11 transportation service and the contribution of such 12 service toward meeting total urban and rural 13 transportation needs at minimum cost. State funding under 14 this subparagraph shall not exceed five-sixths of the 15 non-Federal share of the project costs. 16 (iii) To assist in providing grants to continue 17 necessary service to the public, to permit needed 18 improvements in service which are not self-supporting, to 19 permit service which may be socially desirable but 20 economically unjustified, and otherwise for any purpose 21 in furtherance of [urban common carrier mass] public 22 passenger transportation. The methodology for calculating 23 the amount of the grant under this subparagraph shall be 24 determined in accordance with section 1303. Each grant to 25 a Class 1 transit entity, to a Class 2 transit entity or 26 to a Class 3 transit entity made pursuant to this 27 paragraph shall be matched by local or private funding in 28 an amount not less than one-third of the total State 29 grant made pursuant to section 1303(b). Any grants to 30 Class 3 transit entities may, however, be matched by an 20050S0301B0313 - 5 -
1 amount not less than the amount of local or private 2 funding which is specified in the State contract for the 3 1990-1991 fiscal year if the department shall have 4 received a certification from such Class 3 transit entity 5 that such lower level of local or private funding is 6 adequate to prevent significant service reductions or 7 passenger fare increases. 8 (3) To make grants to any transportation company or 9 companies for use in providing necessary service to the 10 public, to permit needed improvements in services which are 11 not self-supporting, to permit services which may be socially 12 desirable but economically unjustified, and otherwise for any 13 purpose in furtherance of [urban common carrier mass] public 14 passenger transportation. In view of the particular 15 sensitivity of special instrumentalities and agencies of the 16 Commonwealth created to serve or coordinate the local 17 transportation needs of substantial metropolitan areas, no 18 grant moneys may be used exclusively or principally in the 19 local service area of any such agency or instrumentality in 20 which a city or county of the first or second class has 21 membership, except in accordance with a system of priorities 22 agreed upon by the department and such agency or 23 instrumentality. In the case of a grant where the moneys 24 granted will be used for an activity to be conducted 25 exclusively or principally within the local service areas of 26 such agency or instrumentality, no grant moneys may be used 27 except in accordance with agreements by the department and 28 such agency or instrumentality with respect to such use. In 29 the case of a grant not falling within the scope of the 30 preceding sentence but where moneys granted will be used both 20050S0301B0313 - 6 -
1 within and without the local service area of such agency or 2 instrumentality, the grant shall require that the routes, 3 schedules and fares applicable only within such service areas 4 shall be those mutually agreed upon by the department and 5 such agency or instrumentality. No agreement referred to in 6 this paragraph shall impair, suspend, reduce, enlarge or 7 extend or affect in any manner the powers of the Pennsylvania 8 Public Utility Commission or the Interstate Commerce 9 Commission otherwise applicable by law. Each grant to a Class 10 1 transit entity, to a Class 2 transit entity [or], to a 11 Class 3 transit entity or to a Class 4 transit entity made 12 pursuant to this paragraph shall be matched by local or 13 private funding in an amount not less than one-third of the 14 total State grant made pursuant to section 1303(b). Any 15 grants to Class 3 transit entities may, however, be matched 16 by an amount not less than the amount of local or private 17 funding which is specified in the State contract for the 18 1990-1991 fiscal year if the department shall have received a 19 certification from such Class 3 transit entity that such 20 lower level of local or private funding is adequate to 21 prevent significant service reductions and/or passenger fare 22 increases. 23 (4) In connection with privately or locally assisted 24 capital projects or capital projects financed with private or 25 local and Federal funds, to make grants for approved capital 26 projects to a local transportation organization or a 27 transportation company, including the acquisition, 28 construction, reconstruction and improvement of facilities 29 and equipment, buses and other rolling stock, and other real 30 or personal property, including land (but not public 20050S0301B0313 - 7 -
1 highways), needed for an efficient and coordinated [mass] 2 public passenger transportation system for use, by operation, 3 lease or otherwise, in [urban common carrier mass] public 4 passenger transportation service and in coordinating such 5 service with highway and other transportation. No capital 6 project grant shall be made for the purpose of financing, 7 directly or indirectly, the acquisition of any interest in, 8 or the purchase of any facilities or other property of, a 9 private [urban common carrier mass] public passenger 10 transportation company. Each capital project shall be based 11 on a program or plan approved by the department. No capital 12 project grant shall exceed five-sixths of the non-Federal 13 share, subject, however, to the following specific 14 exceptions: 15 (i) If two or more capital projects that are 16 receiving Federal funds are combined for financing 17 purposes, the amount of department funds used for any one 18 of such projects may exceed five-sixths of the non- 19 Federal share, provided that the total amount of 20 department funds provided for all the projects so 21 combined does not exceed five-sixths of the total non- 22 Federal share of all of the projects so combined. 23 [(ii) If a capital project is eligible to receive 24 Federal financial assistance under the Urban Mass 25 Transportation Act of 1964 and if the project application 26 for such Federal financial assistance has been rejected 27 or delayed because of a lack of Federal funds or if the 28 normal amount of Federal grant cannot be provided because 29 of a lack of Federal funds and if the department has 30 determined that the capital project is essential and 20050S0301B0313 - 8 -
1 should proceed without delay, department funds for such 2 capital project may be increased temporarily to finance 3 the entire net project cost, with the requirement that, 4 upon the availability of additional Federal funds and the 5 making to the capital project of a new or an additional 6 Federal grant, the amount of department funds in excess 7 of five-sixths of the non-Federal share be refunded to 8 the department or be applied as the department may direct 9 to help meet the department's share of the cost of 10 another project in which the department is a participant. 11 (iii) If a project is ineligible to receive Federal 12 financial assistance under the Urban Mass Transportation 13 Act of 1964 and if the department has determined that the 14 project is essential and should proceed without delay, 15 the amount of department funds for such project shall be 16 limited to an amount not to exceed one-half of the net 17 project cost.] 18 (iv) A transit entity may choose to use dedicated 19 funds allocated to it under sections 1310 (relating to 20 distribution of funding), 1310.1 (relating to 21 supplemental public transportation assistance funding), 22 1310.2 (relating to service stabilization and state of 23 good repair program) and 1310.3 (relating to Major 24 Capital Initiative Program) to increase the State share 25 of a project to twenty-nine thirtieths of the non-Federal 26 share of the project. Dedicated funds used for capital 27 projects that have a Federal share shall be considered a 28 part of the State share of the project. 29 (v) A transit entity may choose to accept less than 30 five-sixths of the non-Federal share from State funds, 20050S0301B0313 - 9 -
1 either grant funds or dedicated funds, if the transit 2 entity has available resources from local or private 3 sources. 4 (vi) If a capital project is approved in a capital 5 budget enacted by the General Assembly and signed by the 6 Governor and if there is language in that act waiving or 7 modifying the share of the project to be paid by the 8 State, the Department of Transportation shall provide 9 funding at the level specified in the adopted capital 10 budget. 11 (vii) The match provisions of this subsection are 12 applicable to Class 1, 2, 3, 4 and 5 transit entities. 13 (5) To make grants from the State Lottery Fund in 14 accordance with Chapter 7 of the act of August 14, 1991 15 (P.L.342, No.36), known as the Lottery Fund Preservation Act. 16 (6) To participate in a pooled bus acquisition program 17 with transportation companies or local transportation 18 organizations and the Federal Government for the purpose of 19 making buses available to transportation companies or local 20 transportation organizations for use in [urban common carrier 21 mass] public passenger transportation service, in accordance 22 with the following procedures: 23 (i) The department may apply to the [Urban Mass 24 Transportation] Federal Transit Administration of the 25 United States Department of Transportation for the 26 Federal share of any pooled-bus acquisition project. 27 (ii) The department may, with the assistance of the 28 Department of General Services or a special group 29 comprised of representatives of the transportation 30 companies or local transportation organizations within 20050S0301B0313 - 10 -
1 the Commonwealth, write specifications for and order 2 buses on behalf of any number of transportation companies 3 or local transportation organizations desiring bus 4 acquisition under this program. 5 (iii) Before any order for buses is placed by the 6 department with a manufacturer, the department shall 7 secure written assurance from the Federal Government of 8 the availability of Federal financial assistance for such 9 bus acquisitions. The department shall also secure 10 written obligations by the transportation companies or 11 local transportation organizations participating in such 12 bus acquisitions that they will accept delivery of such 13 buses at the appropriate time and will supply local 14 funding in accordance with subparagraph (iv). 15 (iv) Funding for this program shall be: four-fifths 16 Federal, one-sixth State and one-thirtieth from local 17 sources; however, the local share of program costs may be 18 advanced to the manufacturer by the Commonwealth at the 19 time of purchase. Repayments to the Commonwealth of such 20 advancements shall be considered as augmentations to the 21 fund from which the funds were advanced. No part of the 22 Federal share shall be advanced by the Commonwealth in 23 anticipation of reimbursement. 24 (v) The Commonwealth may take title to and delivery 25 of vehicles acquired pursuant to this program for 26 eventual transfer to transportation companies or local 27 transportation organizations. 28 (vi) All bus acquisitions under this program shall 29 be made in accordance with a system of competitive 30 bidding. 20050S0301B0313 - 11 -
1 (vii) At its discretion, the department may organize 2 and fund, with Commonwealth funds, postacquisition 3 studies reasonably related to any pooled-bus acquisition 4 made pursuant to this section, including, but not limited 5 to, a vehicle inspection study at an appropriate interval 6 or intervals following acquisition in order to monitor 7 the condition of any vehicle purchased pursuant to this 8 section. 9 § 1303. Annual appropriation and computation of subsidy. 10 (a) General rule.--Beginning with the 1991-1992 fiscal year, 11 the Commonwealth shall annually determine the level of 12 appropriation for public transportation assistance, using the 13 standards contained in this section, to sufficiently fund and to 14 make fully operative section 1302(2)(iii) and (3) (relating to 15 program authorizations). 16 (b) Distribution as grants.--The General Assembly shall 17 annually make an appropriation to the department for 18 distribution as grants to local transportation organizations and 19 transportation companies. The total amount of moneys 20 appropriated shall be distributed by the department as grants to 21 local transportation organizations and transportation companies 22 in accordance with the provisions of this section. 23 (c) Distribution formula.--The department shall distribute 24 the total amount appropriated under subsection (b) in the 25 following manner: 26 (1) The department shall calculate the Class 4 transit 27 entity share for the fiscal year. 28 (2) The department shall then calculate the amount of 29 grant due to each Class 4 transit entity as follows: 30 (i) From the Class 4 transit entity share, each 20050S0301B0313 - 12 -
1 Class 4 transit entity shall first receive an amount 2 equal to 100% of its Class 4 transit entity adjusted base 3 grant. 4 (ii) With respect to any portion of the Class 4 5 transit entity share remaining after each Class 4 transit 6 entity receives an amount equal to 100% of its Class 4 7 transit entity adjusted base grant: 8 (A) Fifty percent of such excess shall be 9 distributed to Class 4 transit entities based upon 10 the percentage of the total amount of all Class 4 11 transit entity adjusted base grants given to Class 4 12 transit entities which a particular Class 4 transit 13 entity received. 14 (B) Twenty-five percent of such excess shall be 15 distributed to Class 4 transit entities based upon 16 each transit entity's Class 4 revenue mile 17 percentage. The actual amount received by each Class 18 4 transit entity under this clause shall be 19 determined by multiplying a particular Class 4 20 transit entity's Class 4 revenue mile percentage 21 times 25% of such excess of the Class 4 transit 22 entity share. 23 (C) 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 hour 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 hour percentage 30 times 25% of such excess of the Class 4 transit 20050S0301B0313 - 13 -
1 entity share. 2 (3) All Class 3 and 4 transit entities may utilize all 3 of the funds received pursuant to this section for any 4 purpose in furtherance of public transportation. Each grant 5 made to a Class 3 or 4 transit entity pursuant to this 6 section shall, however, be matched by local or private 7 funding in an amount not less than one-third of the total 8 State grant made pursuant to subsection (c). Additionally, 9 any grants to Class 3 and 4 transit entities may be matched 10 by an amount not less than the amount of local or private 11 funding which is specified in the State contract for the 12 1990-1991 fiscal year if the department shall have received a 13 certification from such Class 3 or 4 transit entity that such 14 lower level of local or private funding is adequate to 15 prevent significant service reductions or passenger fare 16 increases. 17 (i) All funds allocated to a Class 4 transit entity 18 under sections 1310 (relating to distribution of 19 funding), 1310.1 (relating to supplemental public 20 transportation assistance funding) and 1310.2 (relating 21 to service stabilization and state of good repair 22 program) that are not spent for operating purposes or 23 included in the most recent five-year plan submitted to 24 the department as part of the Class 4 transit entity's 25 rural operating assistance application for capital 26 purposes within three years of initial allocation shall 27 be returned to the department. 28 (ii) The department shall place all such returned 29 funds in a restricted fund to finance the capital and 30 operational expenses of new rural transportation systems 20050S0301B0313 - 14 -
1 created after the effective date of this section and that 2 have previously received demonstration funds and 3 operational expenses of major expansions of existing 4 Class 4 transit entity systems. Such funds may be used 5 for initial start-up expenses and operating costs for a 6 new system or a major expansion for a period up to five 7 years and may be supplemented, at the discretion of the 8 department, with section 1310 project management 9 oversight or planning, development, research, rural 10 expansion and department-initiated program funds. 11 (iii) At the close of each fiscal year, the 12 department shall calculate the remaining balance in the 13 restricted fund, by the year in which the balance was 14 returned to the fund by a transit system. Any funds 15 remaining unspent for new systems or major system 16 expansions at the end of three years shall be 17 redistributed to all Class 4 transit entities based on 18 section 1310.2 formula. 19 (iv) Funds provided to Class 4 transit entities 20 under sections 1310, 1310.1 and 1310.2 are intended to 21 supplement rather than supplant Federal funds available 22 for rural transit services and projects. Where there is 23 insufficient Federal funding to provide the maximum 24 amount for which each system is eligible, the department 25 shall attempt to impact all recipients of Federal funds 26 equally and may use project management oversight or 27 planning, development, research, rural expansion and 28 department-initiated program funds available to the 29 department or funds provided under subparagraphs (i), 30 (ii) and (iii) to remediate any imbalances resulting from 20050S0301B0313 - 15 -
1 allocation of Federal funds.
2 (4) The department shall calculate the Class 1 transit
3 entity share, the Class 2 transit entity share and the Class
4 3 transit entity share for the fiscal year.
5 (5) The department shall then calculate the amount of
6 grant due to each local transportation organization and
7 transportation company as follows:
8 (i) Each Class 1 transit entity shall receive a
9 prorata share of the Class 1 transit entity share. If
10 there is only one Class 1 transit entity, it shall
11 receive the entire Class 1 transit entity share.
12 (ii) Each Class 2 transit entity shall receive a
13 prorata share of the Class 2 transit entity share. If
14 there is only one Class 2 transit entity, it shall
15 receive the entire Class 2 transit entity share.
16 (iii) Each Class 3 transit entity shall receive a
17 portion of the Class 3 transit entity share calculated as
18 follows:
19 (A) From the Class 3 transit entity share, each
20 Class 3 transit entity shall first receive an amount
21 equal to 100% of its Class 3 transit entity adjusted
22 base grant.
23 (B) With respect to any portion of the Class 3
24 transit entity share remaining after each Class 3
25 transit entity receives an amount equal to 100% of
26 its Class 3 transit entity adjusted base grant:
27 (I) Fifty percent of such excess shall be
28 distributed to Class 3 transit entities based
29 upon the percentage of all Class 3 transit entity
30 adjusted base grants given to Class 3 transit
20050S0301B0313 - 16 -
1 entities which a particular Class 3 transit 2 entity received. 3 (II) Twenty-five percent of such excess 4 shall be distributed to Class 3 transit entities 5 based upon each transit entity's Class 3 vehicle 6 mile percentage. The actual amount received by 7 each Class 3 transit entity under this subclause 8 shall be determined by multiplying a particular 9 Class 3 transit entity's Class 3 vehicle mile 10 percentage times 25% of such excess of the Class 11 3 transit entity share. 12 (III) Twenty-five percent of such excess 13 shall be distributed to Class 3 transit entities 14 based upon each Class 3 transit entity's Class 3 15 operating revenue percentage. The actual amount 16 received by each Class 3 transit entity under 17 this subclause shall be determined by multiplying 18 a particular Class 3 transit entity's Class 3 19 operating revenue percentage times 25% of such 20 excess of the Class 3 transit entity share. 21 (6) On or about each July 1, October 1, January 1 and 22 April 1 of each year commencing July 1, 1987, the department 23 shall disburse 25% of the total annual amount due to each 24 local transportation organization or transportation company 25 calculated in accordance with this section. 26 (d) New organizations.--Should a new local transportation 27 organization or transportation company be established and meet 28 the criteria of a Class 1 transit entity, Class 2 transit 29 entity, Class 3 transit entity or Class 4 transit entity as such 30 criteria are set forth in section 1301 (relating to 20050S0301B0313 - 17 -
1 definitions), the department shall make an appropriate 2 determination as to the level of grant to which such local 3 transportation organization or transportation company shall be 4 entitled. This determination shall include, but shall not be 5 limited to, a determination as to an appropriate adjusted base 6 grant for that local transportation organization or 7 transportation company and a determination of appropriate 8 adjustments to class percentages or transit entity shares. 9 (e) Change to different entity class.--If, during any fiscal 10 year, either the number of vehicles operated by a local 11 transportation organization or transportation company or the 12 area served by such a local transportation organization or 13 transportation company changes so that the local transportation 14 organization or transportation company meets the criteria for a 15 different transit entity class, as such criteria are set forth 16 in section 1301, on or before July 15 of the fiscal year which 17 follows such a change and in each fiscal year thereafter, the 18 department shall reflect any change in the transit entity class 19 of such a local transportation organization or transportation 20 company in its calculation of the transit entity shares for each 21 transit entity class for that and subsequent fiscal years. In 22 its calculation of the transit entity shares for each transit 23 entity class required by this section, for the fiscal year 24 following the change in a local transportation organization or 25 transportation company's transit entity class and thereafter, 26 the department shall include the amount of the transit entity 27 share allocated to such a local transportation organization or 28 transportation company for the fiscal year prior to the change 29 in the transit entity class, increased or decreased by the 30 percentage by which the total appropriation being allocated has 20050S0301B0313 - 18 -
1 been increased or decreased in the new fiscal year as compared 2 to the fiscal year just prior to the new fiscal year, in the 3 transit entity share for the new transit entity class of such a 4 local transportation organization or transportation company, and 5 shall delete an equal amount from the transit entity share for 6 the transit entity class for which such a local transportation 7 organization or transportation company no longer meets the 8 criteria in the new fiscal year [or thereafter]. Thereafter, the 9 transit entity share shall be increased or decreased by the 10 percentage by which the total appropriation being allocated has 11 been increased or decreased in the new fiscal year as compared 12 to the fiscal year just prior to the new fiscal year. The amount 13 deleted from a transit entity class and added to a different 14 entity class shall occur with appropriate adjustments to class 15 percentages by the department. 16 (f) Rates, fares and charges.-- 17 (1) Each local transportation organization or 18 transportation company receiving moneys pursuant to this 19 section shall annually fix such rates, fares and charges in 20 such manner that they shall be at all times sufficient in the 21 aggregate, and in conjunction with any moneys received from 22 Federal or other sources, and any other income available to 23 such organization or company, to provide funds for the 24 payment of all operating costs and expenses which shall be 25 incurred by such organization or company. 26 (2) In order to be eligible for the moneys described in 27 paragraph (1), each local transportation organization or 28 transportation company shall adopt an annual operating budget 29 for each fiscal year no later than the last day of the 30 preceding fiscal year. A copy of this operating budget shall 20050S0301B0313 - 19 -
1 be submitted to the department within ten days after its 2 approval, along with a certification by the local 3 transportation organization or transportation company that 4 adequate revenues (including subsidies) are provided to 5 support operating costs and expenses. 6 (g) Standards and measures.-- 7 (1) Within one year after the effective date of this 8 part and every year thereafter, each local transportation 9 organization or transportation company receiving moneys 10 pursuant to this section shall adopt a series of service 11 standards and performance evaluation measures. Such standards 12 and measures shall be in addition to the performance audits 13 required by section 1315 (relating to public transportation 14 grants management accountability) and shall consist of 15 objectives and specific numeric performance levels to be 16 achieved in meeting these standards and objectives. Those 17 standards and measures adopted shall include the following, 18 in addition to others deemed appropriate by the local 19 transportation organization or transportation company: 20 (i) An automatic mechanism to review the utilization 21 of routes. 22 (ii) Staffing ratios (ratio of administrative 23 employees to operating employees; number of vehicles per 24 mechanic). 25 (iii) Productivity measures (vehicle miles per 26 employee; passenger and employee accidents per 100,000 27 vehicle miles; on-time performance; miles between road 28 calls). 29 (iv) Fiscal indicators (operating cost per 30 passenger; subsidy per passenger and operating ratio). 20050S0301B0313 - 20 -
1 (iv.1) Reasonable minimum prequalification standards 2 for prospective transit service subcontractors. 3 (v) Any other matter desired by the governing body 4 of such local transportation organization or 5 transportation company. 6 (2) The service standards and performance evaluation 7 measures shall be established by formal action of the 8 governing body of such local transportation organization or 9 transportation company following an opportunity for comment 10 by the public and the department. Upon submission, the 11 department will review and may make recommendations to the 12 local transportation organization or transportation company 13 concerning the service standards and performance evaluation 14 measures. 15 (3) In the discretion of such governing body, the 16 service standards and performance evaluation measures may be 17 systemwide or based on a sampling. 18 (4) The service standards and performance evaluation 19 measures shall only constitute goals for such local 20 transportation organization or transportation company in 21 providing service in the year following their adoption. At 22 the end of such year, fiscal or calendar, as the case may be, 23 a report shall be transmitted to the department for its 24 consideration indicating the projected performance levels and 25 the performance levels actually achieved. Upon submission, 26 the department will review the report and may make 27 recommendations to such local transportation organization or 28 transportation company concerning the performance levels 29 actually achieved. Such report shall be released to the 30 public at the time of issuance. 20050S0301B0313 - 21 -
1 (5) The department may suspend the eligibility for 2 future discretionary transit grant funds of any transit 3 entity which fails to comply with the provisions of this 4 section. The department shall restore the discretionary 5 funding eligibility of a suspended transit entity at such 6 time as the requirements of this section are met in an 7 amended application received by the department. 8 (6) Notwithstanding any other provision of law, a Class 9 1 transit entity authorized by its enabling statute to 10 exercise the right of eminent domain for public 11 transportation purposes shall, when acquiring land by eminent 12 domain for any purpose permitted under this chapter and 13 financed in whole or in part under this chapter, be bound by 14 the requirement contained in section 2003 of the act of April 15 9, 1929 (P.L.177, No.175), known as The Administrative Code 16 of 1929, to demonstrate by clear and convincing evidence that 17 the activity contemplated on the site proposed to be 18 appropriated could not have been conducted economically at an 19 alternate location. In all cases, when acquiring land in any 20 manner permitted by its enabling statute, a Class I transit 21 entity must conduct a public hearing on the project for which 22 the land is to be acquired, either individually on the 23 project or as part of a hearing on its overall capital 24 budget, and the project must be included in a capital budget 25 submitted to the department in accordance with this chapter. 26 The land acquired for such public transportation purpose and 27 the transit project constructed thereon shall have the same 28 status in relation to the provisions of the act of July 31, 29 1968 (P.L.805, No.247), known as the Pennsylvania 30 Municipalities Planning Code, as land acquired by the 20050S0301B0313 - 22 -
1 department for highway right-of-way purposes.
2 (h) Reduction of certain grants.--With respect to grants to
3 Class 1 transit entities and Class 2 transit entities in any
4 fiscal year, the department shall reduce the grant amount due to
5 such local transportation organization or transportation company
6 by an amount equal to 1% of such grant moneys otherwise due to
7 such local transportation organization or transportation company
8 for each percentage point such local transportation
9 organization's or transportation company's operating ratio is
10 less than 50% in the case of a Class 1 transit entity or less
11 than 46% in the case of a Class 2 transit entity.
12 (i) Audits.--The department is authorized to perform
13 independent financial audits of the financial statements of each
14 local transportation organization or transportation company
15 receiving moneys pursuant to this section. Such audits shall be
16 conducted in accordance with generally accepted auditing
17 standards. Any financial statements subject to such audit or
18 reports resulting from such audit shall be prepared and
19 presented in accordance with generally accepted accounting
20 principles, consistently applied with previous statements
21 rendered for or on behalf of such organization or company. The
22 department may coordinate such audits in conjunction with audits
23 undertaken by the Auditor General.
24 (j) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Class 1 percentage." Seventy percent.
28 "Class 2 percentage." Twenty-five and three-tenths percent.
29 "Class 3 percentage." Four and seven-tenths percent.
30 "Class 1 to 3 allocation." The total amount appropriated
20050S0301B0313 - 23 -
1 under subsection (b) less the Class 4 transit entity share. 2 "Class 1 transit entity share." The product of the Class 1 3 percentage times the Class 1 to 3 allocation in a particular 4 fiscal year. 5 "Class 2 transit entity share." The product of the Class 2 6 percentage times the Class 1 to 3 allocation in a particular 7 fiscal year. 8 "Class 3 transit entity adjusted base grant." The State 9 subsidy which a Class 3 transit entity received during the 1990- 10 1991 fiscal year, including Federal funds transferred from other 11 local transportation organizations and transportation companies 12 from the Federal fiscal year 1989-1990 pursuant to the 13 Governor's apportionment allocation contained in the Urban Mass 14 Transportation Act of 1964. 15 "Class 3 transit entity share." The product of the Class 3 16 percentage times the Class 1 to 3 allocation in a particular 17 fiscal year. 18 "Class 3 vehicle mile percentage." The percentage determined 19 by dividing the vehicle miles of a Class 3 transit entity with 20 respect to the most recent fiscal year as reported in the most 21 recently issued Pennsylvania Mass Transit Statistical Report by 22 the total number of vehicle miles of all Class 3 transit 23 entities with respect to the most recent fiscal year as reported 24 in the most recently issued Pennsylvania Mass Transit 25 Statistical Report. 26 "Class 4 revenue hour percentage." The percentage determined 27 by dividing the revenue hours of a Class 4 transit entity as 28 reported with respect to the most recent fiscal year in the most 29 recently issued Pennsylvania Rural and Small Urban Public 30 Transportation Statistical Report by the total number of revenue 20050S0301B0313 - 24 -
1 hours of all Class 4 transit entities as reported with respect
2 to the most recent fiscal year reported in the most recently
3 issued Pennsylvania Rural and Small Urban Public Transportation
4 Statistical Report.
5 "Class 4 revenue mile percentage." The percentage determined
6 by dividing the revenue miles of a Class 4 transit entity as
7 reported with respect to the most recent fiscal year in the most
8 recently issued Pennsylvania Rural and Small Urban Public
9 Transportation Statistical Report by the total revenue miles of
10 all Class 4 transit entities as reported with respect to the
11 most recent fiscal year reported in the most recently issued
12 Pennsylvania Rural and Small Urban Public Transportation
13 Statistical Report.
14 "Class 4 transit entity share." Two million three hundred
15 thirty-five thousand dollars for the 1991-1992 fiscal year and,
16 during the 1992-1993 fiscal year and each fiscal year
17 thereafter, shall mean the Class 4 transit entity share for the
18 prior fiscal year plus (or minus) the product of the Class 4
19 transit entity share for the prior fiscal year times the
20 percentage increase or decrease in the total operating
21 assistance made available to local transportation organizations
22 and transportation companies for that fiscal year as compared
23 with the most recently completed fiscal year.
24 "Operating ratio." The proportion of total operating revenue
25 (which shall include all passenger, charter and advertising
26 revenue, fare reimbursement received from the State Lottery
27 Fund, State funding for asset maintenance and all other receipts
28 associated with the delivery of transit services, but shall
29 exclude Federal grants provided to cover operating losses and
30 State grants made pursuant to subsection (b)) divided by total
20050S0301B0313 - 25 -
1 operating expenses associated with day-to-day operation of the 2 system [(], but excluding depreciation of capital assets[)]. 3 "Operating revenue." The total revenue earned by a local 4 transportation organization or transportation company through 5 its transit operations, including, but not limited to, passenger 6 revenue, senior citizen grant, charter revenue, school contract 7 revenue, advertising, State funding for asset maintenance and 8 other revenue listed with respect to the most recent fiscal year 9 reported in the most recently issued Pennsylvania Mass Transit 10 Statistical Report. 11 "Operating revenue percentage." The percentage determined by 12 dividing the operating revenues of a local transportation 13 organization or transportation company as reported in the most 14 recently issued Pennsylvania Mass Transit Statistical Report by 15 the total operating revenue of all local transportation 16 organizations or transportation companies as reported in the 17 most recently issued Pennsylvania Mass Transit Statistical 18 Report. 19 § 1310. Distribution of funding. 20 (a) General rule.--All moneys made available and required to 21 be used for capital projects, asset maintenance and other 22 programs specified in this section shall be distributed in 23 accordance with the formula specified in this section and used 24 strictly in accordance with section 1311 (relating to use of 25 funds distributed). 26 (b) Distribution procedure.--During each fiscal year, 27 capital project, asset maintenance and other program funds shall 28 be distributed as follows: 29 (1) On or before the fifth day of each month, the 30 Treasury Department shall certify to the department the total 20050S0301B0313 - 26 -
1 amount then available for distribution, and the department 2 shall make distribution of payments required under this 3 subsection on or before the 20th day of each month. 4 (2) Beginning in the 1991-1992 fiscal year, each month, 5 the Treasury Department shall pay one-twelfth of the 6 Department of Transportation project management oversight 7 share for that fiscal year into the General Fund. The moneys 8 so transferred are hereby appropriated to the Department of 9 Transportation for use by that department for expenses 10 related to project management and oversight of capital and 11 asset maintenance projects funded pursuant to this section. 12 (3) Each month, the Treasury Department shall pay one- 13 twelfth of the community transportation program section 1310 14 share for that fiscal year into the General Fund. The funds 15 so transferred are hereby appropriated to the Department of 16 Transportation to make grants to counties, pursuant to 17 section 1312 (relating to community transportation programs), 18 for the purpose of funding capital projects of community 19 transportation programs. 20 (4) Each month, the Treasury Department shall pay the 21 planning, development, research, rural expansion and 22 department-initiated programs section 1310 share for that 23 month into the General Fund. The funds so transferred are 24 hereby appropriated to the Department of Transportation to 25 incur costs directly or to make grants to local 26 transportation organizations or transportation companies, or 27 entities which seek to become local transportation 28 organizations or transportation companies, pursuant to 29 section 1312, for the purpose of funding planning, 30 development, research, rural expansion and department- 20050S0301B0313 - 27 -
1 initiated programs. 2 (5) Each month, the department shall distribute one- 3 twelfth of the Class 4 transit entity section 1310 share to 4 Class 4 transit entities in the manner provided in this 5 paragraph. Each Class 4 transit entity shall receive a 6 portion of each monthly distribution of the Class 4 transit 7 entity section 1310 share as follows: 8 (i) Fifty percent of the monthly distribution of the 9 Class 4 transit entity section 1310 share shall be 10 distributed to Class 4 transit entities based upon each 11 transit entity's Class 4 operating assistance grant 12 section 1310 percentage. The actual amount received by 13 each Class 4 transit entity under this subparagraph shall 14 be determined by multiplying a particular Class 4 transit 15 entity's Class 4 operating assistance grant section 1310 16 percentage times the total amount available for 17 distribution under this subparagraph. 18 (ii) Twenty-five percent of the monthly distribution 19 of the Class 4 transit entity section 1310 share shall be 20 distributed to Class 4 transit entities based upon each 21 transit entity's Class 4 revenue mile section 1310 22 percentage. The actual amount received by each Class 4 23 transit entity under this subparagraph shall be 24 determined by multiplying a particular Class 4 transit 25 entity's Class 4 revenue mile section 1310 percentage 26 times the total amount available for distribution under 27 this subparagraph. 28 (iii) Twenty-five percent of the monthly 29 distribution of the Class 4 transit entity section 1310 30 share shall be distributed to Class 4 transit entities 20050S0301B0313 - 28 -
1 based upon each transit entity's Class 4 revenue hour 2 section 1310 percentage. The actual amount received by 3 each Class 4 transit entity under this subparagraph shall 4 be determined by multiplying a particular Class 4 transit 5 entity's Class 4 [transit entity] revenue hour section 6 1310 percentage times the total amount available for 7 distribution under this subparagraph. 8 (6) Each month, after providing for payment of the 9 portion of the Department of Transportation project 10 management oversight share, the community transportation 11 program section 1310 share, the planning, development, 12 research, rural expansion and department-initiated programs 13 section 1310 share and the Class 4 transit entity section 14 1310 share to be distributed that month, the department shall 15 distribute all remaining capital project, asset maintenance 16 and other program funds in accordance with the formula 17 included in this section, until the total net revenue 18 distributed from the Pennsylvania Transportation Assistance 19 Fund reaches a total of $200 million during a single fiscal 20 year. Any net revenue available in the Pennsylvania 21 Transportation Assistance Fund in excess of $200,000,000 for 22 a single fiscal year shall be distributed under the formula 23 contained in section 1310.2 (relating to service 24 stabilization and state of good repair program). Funds shall 25 be distributed according to the formulas of this section as 26 follows: 27 (i) Each Class 1 transit entity shall receive a 28 prorata share of the Class 1 transit entity section 1310 29 share. If there is only one Class 1 transit entity, it 30 shall receive the entire Class 1 transit entity section 20050S0301B0313 - 29 -
1 1310 share. 2 (ii) Each Class 2 transit entity shall receive a 3 prorata share of the Class 2 transit entity section 1310 4 share. If there is only one Class 2 transit entity, it 5 shall receive the entire Class 2 transit entity section 6 1310 share. 7 (iii) Each Class 3 transit entity shall receive a 8 portion of the Class 3 transit entity section 1310 share 9 as follows: 10 (A) Sixteen and sixty-seven hundredths percent 11 of the Class 3 transit entity section 1310 share 12 shall be distributed to Class 3 transit entities 13 based upon each transit entity's Class 3 vehicle mile 14 section 1310 percentage. The actual amount received 15 by each Class 3 transit entity under this clause 16 shall be determined by multiplying a particular Class 17 3 transit entity's Class 3 vehicle mile section 1310 18 percentage times the total amount available for 19 distribution under this clause. 20 (B) Sixteen and sixty-seven hundredths percent 21 of the Class 3 transit entity section 1310 share 22 shall be distributed to Class 3 transit entities 23 based upon each transit entity's Class 3 vehicle hour 24 section 1310 percentage. The actual amount received 25 by each Class 3 transit entity under this clause 26 shall be determined by multiplying a particular Class 27 3 transit entity's Class 3 vehicle hour section 1310 28 percentage times the total amount available for 29 distribution under this clause. 30 (C) Sixteen and sixty-six hundredths percent of 20050S0301B0313 - 30 -
1 the Class 3 transit entity section 1310 share shall 2 be distributed to Class 3 transit entities based upon 3 each transit entity's Class 3 total passenger section 4 1310 percentage. The actual amount received by each 5 Class 3 transit entity under this clause shall be 6 determined by multiplying a particular Class 3 7 transit entity's Class 3 total passenger section 1310 8 percentage times the total amount available for 9 distribution under this clause. 10 (D) Twenty-five percent of the Class 3 transit 11 entity section 1310 share shall be distributed to 12 Class 3 transit entities based upon each transit 13 entity's Class 3 Federal operating cap percentage. 14 The actual amount received by each Class 3 transit 15 entity under this clause shall be determined by 16 multiplying a particular Class 3 transit entity's 17 Class 3 Federal operating cap percentage times the 18 total amount available for distribution under this 19 clause. 20 (E) Twenty-five percent of the Class 3 transit 21 entity section 1310 share shall be distributed to 22 Class 3 transit entities based upon each transit 23 entity's Class 3 State operating grant percentage. 24 The actual amount received by each Class 3 transit 25 entity under this clause shall be determined by 26 multiplying a particular Class 3 transit entity's 27 Class 3 State operating grant percentage times the 28 total amount available for distribution under this 29 clause. 30 (c) Change of classification.--If, during any fiscal year, 20050S0301B0313 - 31 -
1 either the number of vehicles operated by a local transportation 2 organization or transportation company or the area served by 3 such a local transportation organization or transportation 4 company changes so that the local transportation organization or 5 transportation company meets the criteria for a different 6 transit entity class, as such criteria are set forth in section 7 1301 (relating to definitions), on or before July 15 of the 8 fiscal year which follows such a change and in each fiscal year 9 thereafter, the department shall reflect any change in the 10 transit entity class of such a local transportation organization 11 or transportation company in the Department of Transportation 12 certification for that and subsequent fiscal years. In its 13 calculation of the transit entity section 1310 shares for each 14 transit entity class required by subsection (g)(1) and the 15 transit entity [section 1310.1] sections 1310.1 and 1310.2 16 shares for each transit entity class required by subsection 17 (g)(1) for the fiscal year following the change in a local 18 transportation organization or transportation company's transit 19 entity class and thereafter, the department shall include the 20 amount of the transit entity sections 1310 [and 1310.1], 1310.1 21 and 1310.2 shares allocated to such a local transportation 22 organization or transportation company for the fiscal year prior 23 to the change in the transit entity class, in the transit entity 24 sections 1310 [and 1310.1], 1310.1 and 1310.2 shares for the new 25 transit entity class of such a local transportation organization 26 or transportation company, and shall delete an equal amount from 27 the transit entity sections 1310 [and 1310.1], 1310.1 and 1310.2 28 shares for the transit entity class for which such a local 29 transportation organization or transportation company no longer 30 meets the criteria in the new fiscal year. No local 20050S0301B0313 - 32 -
1 transportation organization or transportation company which has 2 changed from one transit entity class to another due to either 3 an increase in the number of vehicles operated or the United 4 States Census Bureau's declaring its service area an urbanized 5 area shall receive less than the amount transferred on its 6 account by the department pursuant to this section[.] in the 7 first year after the transfer is made. Thereafter, the amount 8 initially transferred and made available to the local 9 transportation organization or transportation company shall be 10 adjusted each year by the same percentage that the transit 11 entity sections 1310, 1310.1 and 1310.2 shares for the new 12 transit entity class of such a local transportation organization 13 or transportation company increase or decrease during that year. 14 (1) For any Class 3 or Class 4 transit entity receiving 15 an allocation of funding through more than one transit entity 16 section 1310 or 1310.1 shares as of the effective date of 17 this paragraph, such system may continue to receive such 18 multiple allocations under this section and section 1310.1 19 (relating to supplemental public transportation assistance 20 funding) and may also receive such multiple allocations under 21 section 1310.2, so long as such system continues to operate 22 services that would independently qualify under each of the 23 classes for which that transit entity is receiving an 24 allocation. The share such a system shall receive from each 25 transit entity class share shall represent the share earned 26 solely by service which qualifies under that transit entity 27 class share's category and shall not be duplicative of 28 service earning an allocation under any other transit entity 29 class share. 30 (2) Should a new local transportation organization or 20050S0301B0313 - 33 -
1 transportation company be established and meet the criteria 2 of a Class 1 transit entity, Class 2 transit entity, Class 3 3 transit entity or Class 4 transit entity as such criteria are 4 set forth in this section and sections 1310.1 and 1310.2, the 5 department shall make an appropriate adjustment in its 6 calculation of the transit entity 1310 share, the 1310.1 7 share and the 1310.2 share for each transit entity class to 8 which such local transportation organization or 9 transportation company shall be entitled. This determination 10 shall include, but shall not be limited to, an appropriate 11 adjusted based grant for that local transportation 12 organization or transportation company and a determination of 13 appropriate adjustments to class percentages or transit 14 entity shares. 15 (d) Oversight.--The department shall initiate and maintain a 16 program of review and oversight for any projects receiving funds 17 distributed pursuant to this section [and section 1310.1 18 (relating to supplemental public transportation assistance 19 funding)] and sections 1310.1, 1310.2 and 1310.3 (relating to 20 major capital initiative program). The department is authorized 21 to perform independent financial audits of the financial 22 statements of each local transportation organization, 23 transportation company or community transportation program 24 receiving moneys pursuant to this section. These audits shall be 25 conducted in accordance with generally accepted auditing 26 standards. Any financial statements subject to the audit or 27 reports resulting from the audit shall be prepared and presented 28 in accordance with generally accepted accounting principles, 29 consistently applied with previous statements rendered for or on 30 behalf of such organization or company. The department may 20050S0301B0313 - 34 -
1 coordinate such audits in conjunction with audits undertaken by 2 the Auditor General. 3 (e) Fiscal year and capital budget.-- 4 (1) The governing body of each local transportation 5 organization or transportation company shall establish a 6 fiscal year for capital programs. No later than the last day 7 of each fiscal year for capital programs, each local 8 transportation organization or transportation company 9 receiving moneys pursuant to this section shall adopt a 10 capital budget and an asset maintenance spending plan for 11 submission to the department. 12 (2) The capital budget shall include the following: 13 (i) A description of any such project. 14 (ii) The projected cost of any project to be 15 undertaken, including supporting cash flow. 16 (iii) The duration of any such project, including 17 the projected starting date, completion date and 18 projected useful life of the project. 19 (iv) The proposed funding sources for any project. 20 (v) A description of projects completed in the prior 21 fiscal year and their impact on operations. 22 (vi) A description of progress to date on projects 23 initiated in the prior fiscal year but not yet completed. 24 (vii) An explanation of any significant project 25 delays. 26 (viii) The use of funds under this section in the 27 prior fiscal year, including projects for which they were 28 used. 29 (ix) A multiyear plan for future use of funds 30 received under this section for a period of not less than 20050S0301B0313 - 35 -
1 five years. 2 (x) Any other matter desired by the governing body 3 of such local transportation organization or 4 transportation company. 5 (3) The asset maintenance spending plan shall include: 6 (i) The amount of moneys expended for asset 7 maintenance costs. 8 (ii) The purposes for which such funds were 9 expended. 10 (iii) Those asset maintenance costs which are 11 projected to be funded during the subsequent twelve 12 months by the local transportation organization or 13 transportation company. 14 (iv) A multiyear plan for future use of funds 15 received under this section for a period of not less than 16 five years. 17 (4) The capital budget and the asset maintenance 18 spending plan shall be established by formal action of the 19 governing body of such local transportation organization or 20 transportation company following an opportunity for comment 21 by the public and the department. Upon submission, the 22 department will review and may make recommendations to the 23 local transportation organization or transportation company 24 concerning the capital budget and asset maintenance spending 25 plan. 26 (5) The capital budget and the asset maintenance 27 spending plan may be amended by formal action of the 28 governing body of such local transportation organization or 29 transportation company from time to time. Any amendments to 30 the capital budget and the asset maintenance spending plan 20050S0301B0313 - 36 -
1 shall be transmitted to the department for its review, and 2 the department may make recommendations to the local 3 transportation organization or transportation company 4 concerning any amendments to the capital budget and the asset 5 maintenance spending plan. 6 (f) Definitions.--As used in this section, the following 7 words and phrases shall have the meanings given to them in this 8 subsection: 9 "Capital project, asset maintenance and other program funds." 10 Moneys made available to finance capital projects and asset 11 maintenance costs of local transportation organizations, 12 transportation companies or community transportation programs or 13 to fund other programs specified in this section from: 14 (1) any fund of the Commonwealth where the legislation 15 creating such fund references this part and states that some 16 or all of the moneys in such fund are to be used to finance 17 capital projects and asset maintenance costs of local 18 transportation organizations, transportation companies or 19 community transportation programs and to fund certain other 20 programs; or 21 (2) any other source, where such moneys are made 22 available specifically to finance capital projects and asset 23 maintenance costs of local transportation organizations, 24 transportation companies or community transportation programs 25 in accordance with this section. 26 "Class 1 section 1310 percentage." Seventy and three-tenths 27 percent. 28 "Class 2 section 1310 percentage." Twenty-five and four- 29 tenths percent. 30 "Class 3 section 1310 percentage." Four and three-tenths 20050S0301B0313 - 37 -
1 percent. 2 "Class 1 to 3 section 1310 allocation." The total amount of 3 capital project, asset maintenance and other program funds 4 available for distribution by the Treasury Department during a 5 particular month, less: 6 (1) the amount of the Department of Transportation 7 project management oversight share to be paid each month 8 under subsection (b)(2); 9 (2) the amount of the community transportation program 10 section 1310 share to be paid each month under subsection 11 (b)(3); 12 (3) the amount of the planning, development, research, 13 rural expansion and department-initiated programs section 14 1310 share; and 15 (4) the amount of the Class 4 transit entity section 16 1310 share to be paid each month under subsection (b)(5). 17 "Class 1 transit entity section 1310 share." The product of 18 the Class 1 section 1310 percentage times the Class 1 to 3 19 section 1310 allocation. 20 "Class 2 transit entity section 1310 share." The product of 21 the Class 2 section 1310 percentage times the monthly Class 1 to 22 3 allocation. 23 "Class 3 transit entity section 1310 share." The product of 24 the Class 3 section 1310 percentage times the monthly Class 1 to 25 3 allocation. 26 "Class 4 transit entity section 1310 share." Four million 27 dollars during the 1991-1992 fiscal year and $4,160,000 during 28 the 1992-1993 fiscal year. During the 1993-1994 through 1996- 29 1997 fiscal years, the term shall mean the Class 4 transit 30 entity section 1310 share for the prior fiscal year plus (or 20050S0301B0313 - 38 -
1 minus) the product of the Class 4 transit entity section 1310 2 share for the prior fiscal year times the percentage increase or 3 decrease in the total funds available for distribution pursuant 4 to this section received by the Treasury Department in the most 5 recently completed fiscal year as compared with the prior fiscal 6 year. For the 1997-1998 fiscal year and each fiscal year 7 thereafter, the term shall mean 2.8% of the total amount of 8 capital project, asset maintenance and other program funds 9 projected by the department to be available under this section 10 for distribution during the subject fiscal year. 11 "Class 3 Federal operating cap percentage." The percentage 12 determined by dividing the Federal operating ceiling for a Class 13 3 transit entity by the total Federal operating ceilings for all 14 Class 3 transit entities. 15 "Class 3 State operating grant percentage." The percentage 16 determined by dividing the State subsidy received pursuant to 17 section 1303 (relating to annual appropriation and computation 18 of subsidy) during fiscal year 1990-1991 by a Class 3 transit 19 entity as stated in the latest Department of Transportation 20 certification by the total State subsidies received pursuant to 21 section 1303 during fiscal year 1990-1991 by all Class 3 transit 22 entities as stated in the latest Department of Transportation 23 certification. For purposes of calculating the amount received 24 by a Class 3 transit entity pursuant to section 1303, any 25 Federal funds transferred from other local transportation 26 organizations and transportation companies from the Federal 27 fiscal year 1990-1991 Governor's apportionment allocation, 28 contained in the Urban Mass Transportation Act of 1964, shall be 29 considered to be amounts received pursuant to section 1303. 30 "Class 3 total passenger section 1310 percentage." The 20050S0301B0313 - 39 -
1 percentage determined by dividing the total passengers 2 transported by a Class 3 transit entity as stated in the latest 3 Department of Transportation certification by the total number 4 of passengers transported by all Class 3 transit entities as 5 stated in the latest Department of Transportation certification. 6 "Class 3 vehicle hour section 1310 percentage." The 7 percentage determined by dividing the vehicle hours of a Class 3 8 transit entity as stated in the latest Department of 9 Transportation certification by the total number of vehicle 10 hours of all Class 3 transit entities as stated in the latest 11 Department of Transportation certification. 12 "Class 3 vehicle mile section 1310 percentage." The 13 percentage determined by dividing the vehicle miles of a Class 3 14 transit entity as stated in the latest Department of 15 Transportation certification by the total number of vehicle 16 miles of all Class 3 transit entities as stated in the latest 17 Department of Transportation certification. 18 "Class 4 operating assistance grant section 1310 percentage." 19 The percentage determined by dividing the Class 4 transit entity 20 adjusted base grant received by a Class 4 transit entity or, 21 only for purposes of calculating the distribution of funding 22 under section 1310.2 (relating to service stabilization and 23 state of good repair program), the amount received in the most 24 recent fiscal year prior to the effective date of this 25 definition from the planning, development, research, rural 26 expansion and department-initiated programs section 1310 shares 27 adjusted by the Department of Transportation to account for 28 Federal participation by the total Class 4 transit entity 29 adjusted base grants received pursuant to such act by all Class 30 4 transit entities during fiscal year 1990-1991 as stated in the 20050S0301B0313 - 40 -
1 Department of Transportation certification[.] plus, only for 2 purposes of calculating the distribution of funding under 3 section 1310.2, the total Class 4 grants received in the most 4 recent fiscal year prior to the effective date of this 5 definition from the planning, development, research, rural 6 expansion and department-initiated programs section 1310 shares 7 adjusted by the department to account for Federal participation 8 for start-up and operations of transit services by systems 9 qualified as Class 4 transit entities. 10 "Class 4 revenue hour section 1310 percentage." The 11 percentage determined by dividing the revenue hours of a Class 4 12 transit entity as stated in the latest Department of 13 Transportation certification by the total number of revenue 14 hours of all Class 4 transit entities as stated in the latest 15 Department of Transportation certification. 16 "Class 4 revenue mile section 1310 percentage." The 17 percentage determined by dividing the revenue miles of a Class 4 18 transit entity as stated in the latest Department of 19 Transportation certification by the total number of revenue 20 miles of all Class 4 transit entities as stated in the latest 21 Department of Transportation certification. 22 "Community transportation program section 1310 share." One 23 million seven hundred thousand dollars during the 1991-1992 24 fiscal year, $1,768,000 during the 1992-1993 fiscal year and, 25 during the 1993-1994 fiscal year and each fiscal year 26 thereafter, shall mean the community transportation program 27 section 1310 share for the prior fiscal year plus (or minus) the 28 product of the community transportation program section 1310 29 share for the prior fiscal year times the percentage increase or 30 decrease in the total funds available for distribution pursuant 20050S0301B0313 - 41 -
1 to this section received by the Treasury Department in the most 2 recently completed fiscal year as compared with the prior fiscal 3 year. However, in any fiscal year in which the total funds 4 authorized to be expended from the State Lottery Fund for 5 purposes enumerated in section 1312 (relating to community 6 transportation programs) is less than $600,000, the community 7 transportation program section 1310 share shall be increased so 8 that the sum of the community transportation program section 9 1310 share plus the total amount of such moneys paid from the 10 State Lottery Fund for purposes enumerated in section 1312 shall 11 equal $2,300,000. The combined funding to any county for 12 community transportation under sections 1310 (relating to 13 distribution of funding) and 1312 shall not exceed $250,000 in 14 any fiscal year. 15 "Department of Transportation project management oversight 16 share." One million dollars during the 1991-1992 fiscal year 17 and, during the 1992-1993 fiscal year and each fiscal year 18 thereafter, shall mean $1,000,000 or 0.25% of the total amount 19 of capital project, asset maintenance and other program funds 20 available for distribution pursuant to this section received by 21 the Treasury Department during the prior fiscal year, whichever 22 is greater. These funds may be used at the discretion of the 23 department for the following purposes: projects and services 24 that contribute to the enhancement of public passenger 25 transportation in this Commonwealth, including, but not limited 26 to, project management oversight, planning, development, 27 research, rural expansion, department-initiated programs and 28 special projects. 29 "Department of Transportation certification." The 30 certification by the Department of Transportation to the 20050S0301B0313 - 42 -
1 Treasury Department under subsection (g). 2 "Department-initiated programs." Mass transportation 3 programs with a regional or Statewide application, including, 4 without limitation, capital projects in support of intercity 5 rail passenger service, capital projects in support of intercity 6 bus service, transit safety initiatives, public-private 7 transportation partnerships, rider sharing incentive programs, 8 transportation management associations and other multimodal 9 transportation management projects. 10 "Federal operating ceiling." The maximum amount of Federal 11 funds permitted to be used by a Class 3 transit entity to 12 subsidize transit operations, as published in the November 23, 13 1990, Federal Register (or, where there is more than one transit 14 entity in a region, the maximum amount of Federal funds which 15 such Class 3 transit entity could have utilized to subsidize 16 transit operations pursuant to the subregional allocation as 17 specified in the applicable transportation improvement program) 18 for fiscal year 1990-1991. 19 "Planning, development, research, rural expansion and 20 department-initiated programs section 1310 shares." The sum of 21 $83,333.33 plus 0.25% of the total capital project, asset 22 maintenance and other program funds available for distribution 23 by the Treasury Department during a particular month[.] pursuant 24 to this section. These funds may be used at the discretion of 25 the Department of Transportation for the following purposes: 26 projects and services that contribute to the enhancement of 27 public passenger transportation in this Commonwealth, including, 28 but not limited to, project management oversight, planning, 29 development, research, rural expansion, department-initiated 30 programs and special projects. 20050S0301B0313 - 43 -
1 "Total passengers." The total of all revenue passengers plus 2 transfer passengers on second and successive rides of a local 3 transportation organization or transportation company, which are 4 funded in whole or in part by this part, with respect to the 5 most recent fiscal year reported in the most recently issued 6 Pennsylvania Mass Transit Statistical Report. 7 "Transportation enrichment funds." Funds provided through 8 either the Department of Transportation project management 9 oversight share or the planning, development, research, rural 10 expansion and department-initiated programs section 1310 share. 11 "Treasury Department." The State Treasurer and the Treasury 12 Department of the Commonwealth. 13 (g) Certification to Treasury Department.--On or before July 14 15 of each fiscal year, the Department of Transportation shall 15 calculate and certify to the Treasury Department the following: 16 (1) The Department of Transportation project management 17 oversight share, the community transportation program 18 sections 1310 [and 1310.1], 1310.1, 1310.2 and 1310.3 shares, 19 the Class 1 transit entity sections 1310 [and 1310.1], 20 1310.1, 1310.2 and 1310.3 shares, the Class 2 transit entity 21 sections 1310 [and 1310.1], 1310.1, 1310.2 and 1310.3 shares, 22 the Class 3 transit entity sections 1310 [and 1310.1], 1310.1 23 and 1310.2 shares [and], the Class 4 transit entity sections 24 1310 [and 1310.1 shares], 1310.1 and 1310.2 shares, the Class 25 3 and Class 4 transit entities 1310.3 share and the Class 5 26 transit entity 1310.2 share [and], the planning, development, 27 research, rural expansion and department-initiated programs 28 sections 1310 and 1310.1 shares and the intercity passenger 29 rail service share. 30 (2) The names and addresses of each Class 1 transit 20050S0301B0313 - 44 -
1 entity, Class 2 transit entity, Class 3 transit entity [and], 2 Class 4 transit entity and Class 5 transit entity and whether 3 such program or entity is a Class 1 transit entity, Class 2 4 transit entity, Class 3 transit entity [or], Class 4 transit 5 entity[.] or Class 5 transit entity and for a Class 3 transit 6 entity shall certify whether it is operating within the 7 boundaries of a separate Class 1 transit entity's or Class 2 8 transit entity's urbanized area for purposes of section 9 1310.2(b)(5)(iii). 10 (3) The vehicle miles of each Class 3 transit entity, 11 the total vehicle miles of all Class 3 transit entities, the 12 Class 3 vehicle mile sections 1310 and 1310.1 percentages for 13 each Class 3 transit entity, the vehicle hours of each Class 14 3 transit entity, total vehicle hours of all Class 3 transit 15 entities, the Class 3 vehicle hour sections 1310 and 1310.1 16 percentages for each Class 3 transit entity, total passengers 17 for each Class 3 transit entity, the total passengers for all 18 Class 3 transit entities, the Class 3 total passenger 19 sections 1310 and 1310.1 percentages for each Class 3 transit 20 entity, the Federal operating ceiling for each Class 3 21 transit entity, the Federal operating ceiling for all Class 3 22 transit entities, the Federal operating cap percentage for 23 each Class 3 transit entity, the State subsidy received 24 pursuant to section 1303 (relating to annual appropriation 25 and computation of subsidy) as described in the definition of 26 "Class 3 State operating grant percentage" for each Class 3 27 transit entity, the State subsidy received pursuant to 28 section 1303 as described in the definition of "Class 3 State 29 operating grant percentage" for all Class 3 transit entities, 30 [and] the Class 3 State grant percentage for each Class 3 20050S0301B0313 - 45 -
1 transit entity[.], the amount of Federal formula funds 2 received by each Class 3 transit entity during Federal fiscal 3 year 2002-2003, the amount of Federal formula funds received 4 by all Class 3 transit entities during Federal fiscal year 5 2002-2003, the amount of Federal formula funds to be received 6 by each Class 3 transit entity during the year in which 7 section 1310.2 funds are to be distributed, the amount of 8 Federal formula funds to be received by all Class 3 transit 9 entities during the year in which section 1310.2 funds are to 10 be distributed, the Class 3 transit entity section 1310.2 11 Federal funding loss percentage for each Class 3 transit 12 entity and the Class 3 transit entity section 1310.2 Federal 13 funding loss for all Class 3 transit entities, the Class 3 14 section 1310.2 Federal funding loss percentage for the fiscal 15 year, the Class 3 section 1310.2 system growth percentage, 16 the Class 3 entity section 1310.2 fixed-route revenue vehicle 17 hour percentage for each Class 3 transit entity, the Class 3 18 transit entity section 1310.2 fixed-route revenue vehicle 19 hour percentage for all Class 3 transit entities, the Class 3 20 transit entity section 1310.2 total revenue vehicle hour 21 percentage for each Class 3 transit entity, and the Class 3 22 transit entity section 1310.2 total revenue vehicle hour 23 percentage for all Class 3 transit entities; the Class 4 24 transit entity Class 4 operating assistance grant section 25 1310 percentage; for each Class 4 transit entity the Class 4 26 transit entity revenue mile section 1310 percentage; the 27 Class 4 transit entity revenue hour section 1310 percentage; 28 the Class 5 total annual bus, minivan, sedan, station wagon, 29 van and vehicle inventory values; the Class 5 section 1310.2 30 limited eligibility bus, minivan, sedan, station wagon, van 20050S0301B0313 - 46 -
1 total annual bus, minivan, sedan, station wagon, van and 2 vehicle inventory values; and the limited eligibility Class 5 3 transit entity section 1310.2 bus, minivan, sedan, station 4 wagon, van and vehicle inventory values. 5 (4) The operating assistance grant received by each 6 Class 4 transit entity during fiscal year 1990-1991 pursuant 7 to the act of February 11, 1976 (P.L.14, No.10), known as the 8 Pennsylvania Rural and Intercity Common Carrier Surface 9 Transportation Assistance Act, the operating assistance grant 10 received by all Class 4 transit entities during fiscal year 11 1990-1991 pursuant to that act, the Class 4 operating 12 assistance grant sections 1310 and 1310.1 percentages for 13 each Class 4 transit entity, the revenue miles of each Class 14 4 transit entity, the revenue miles of all Class 4 transit 15 entities, the Class 4 revenue mile sections 1310 and 1310.1 16 percentages of each Class 4 transit entity, the revenue hours 17 for each Class 4 transit entity, the revenue hours for all 18 Class 4 transit entities and the Class 4 revenue hour 19 sections 1310 and 1310.1 percentages for each Class 4 transit 20 entity. 21 Section 3. Section 1310.1(a) of Title 74 and the definition 22 of "Class 4 operating assistance grant section 1310.1 23 percentage" in subsection (c) are amended to read: 24 § 1310.1. Supplemental public transportation assistance 25 funding. 26 (a) [General rule.--] Deposit of tax revenue.-- 27 (1) Beginning July 1, 1997, through June 30, 2004, 1.22% 28 of the money collected from the tax imposed under Article II 29 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax 30 Reform Code of 1971, up to a maximum of $75,000,000, shall be 20050S0301B0313 - 47 -
1 deposited in the Supplemental Public Transportation Account, 2 which is established in the State Treasury. Within 30 days of 3 the close of a calendar month, 1.22% of the taxes received in 4 the prior calendar month shall be transferred to the account. 5 [No funds in excess of $75,000,000 may be transferred to the 6 account in any one fiscal year.] 7 (2) Beginning July 1, 2004, 1.22% of the money collected 8 from the tax shall be deposited in the Supplemental Public 9 Transportation Account. Any funds allocated to the account 10 during a single fiscal year in excess of $75,000,000 shall be 11 distributed according to the formula set forth in section 12 1310.2 (relating to service stabilization and state of good 13 repair program). 14 (3) The money in the account shall be used by the 15 department for supplemental public transportation 16 assistance[,] to be distributed under this section. Transit 17 entities may use supplemental assistance moneys for any of 18 the purposes enumerated in section 1311 (relating to use of 19 funds distributed). In addition to those enumerated purposes, 20 Class 1, 2 and 3 transit entities also may use the base 21 supplemental assistance share for general operations. Class 4 22 transit entities may use all supplemental assistance moneys 23 for general operations. 24 * * * 25 (c) Definitions.--As used in this section, the following 26 words and phrases shall have the meanings given to them in this 27 subsection. Any term used in this section but not defined in 28 this subsection shall have the meaning given in section 1310(f): 29 * * * 30 "Class 4 operating assistance grant section 1310.1 20050S0301B0313 - 48 -
1 percentage." The percentage determined by dividing the Class 4 2 transit entity adjusted base grant received by a Class 4 transit 3 entity, as stated in the latest Department of Transportation 4 certification, or, only for purposes of calculating the 5 distribution of funding under section 1310.2 (relating to 6 service stabilization and state of good repair program), the 7 amount received in the most recent fiscal year prior to the 8 effective date of section 1310.2 from the planning, development, 9 research, rural expansion and department-initiated programs 10 section 1310 shares adjusted by the Department of Transportation 11 to account for Federal participation by the total Class 4 12 transit entity adjusted base grants received by all Class 4 13 transit entities during fiscal year 1990-1991, as stated in the 14 latest Department of Transportation certification[.] plus, only 15 for purposes of calculating the distribution of funding under 16 section 1310.2, the total Class 4 grants received in the most 17 recent fiscal year prior to the effective date of this 18 definition from the planning, development, research, rural 19 expansion and department-initiated programs section 1310 shares 20 adjusted by the Department of Transportation to account for 21 Federal participation for start-up and operations of transit 22 services by systems qualified as Class 4 transit entities. 23 * * * 24 Section 4. Title 74 is amended by adding sections to read: 25 § 1310.2. Service stabilization and state of good repair 26 program. 27 (a) Deposit of tax revenue.-- 28 (1) Upon the effective date of this section, 3.3221% of 29 the tax imposed under Article II of the act of March 4, 1971 30 (P.L.6, No.2), known as the Tax Reform Code of 1971, shall be 20050S0301B0313 - 49 -
1 deposited in the Service Stabilization and State of Good 2 Repair Account, which is established in the State Treasury. 3 Within 30 days of the close of the calendar month, the taxes 4 received in the prior calendar month shall be transferred to 5 the account. 6 (2) The money in the account shall be used by the 7 department for the service stabilization and state of good 8 repair program. Transit entities may use service 9 stabilization and state of good repair funds to finance 10 public transportation services, stabilize service and fare 11 levels, maintain transportation vehicles and facilities in a 12 state of good repair, fund routine capital repair, 13 rehabilitation, replacement and expansion of vehicles and 14 facilities, asset maintenance programs and any other purpose 15 enumerated in section 1311 (relating to use of funds 16 distributed). A Class 1, Class 2, Class 3 or Class 4 transit 17 entity may use the entire section 1310.2 share allocated to 18 the transit entity for service stabilization or state of good 19 repair programs at the discretion of the transit entity after 20 notice of its plan for use of the funds, including a list of 21 capital projects to be funded, is submitted to the department 22 in accordance with section 1310.3(c)(i) (relating to major 23 capital initiative program). A Class 5 entity may use funds 24 as specified in section 1312(d) and (e) (relating to 25 community transportation programs). 26 (3) Except where provisions of this chapter permit 27 otherwise, funds provided in this section shall be matched by 28 local or private funds in an amount equal to at least one- 29 thirtieth of the project cost when funds are used for 30 operating purposes and by local or private funds in an amount 20050S0301B0313 - 50 -
1 equal to at least one-thirtieth of the non-Federal share when 2 funds are used for capital purposes. For capital projects, 3 dedicated funds under sections 1310 (relating to distribution 4 of funding), 1310.1 (relating to supplemental public 5 transportation assistance funding), 1310.3 and this section 6 may be used in combination with funds provided through an 7 approved State capital budget or with each other to fund up 8 to twenty-nine-thirtieths of the non-Federal share. 9 (b) Distribution procedure.--During each fiscal year, 10 service stabilization and state of good repair program funds 11 shall be distributed as 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 then available for distribution, and the department 15 shall make distribution of payments required under this 16 subsection on or before the 20th day of each month. 17 (2) Each month, the Treasury Department shall transfer 18 one-twelfth of intercity passenger rail service section 19 1310.2 percentage for that fiscal year into the General Fund. 20 The moneys so transferred are hereby appropriated to the 21 Department of Transportation for use by the department for 22 expenses related to the support of intercity rail services 23 throughout this Commonwealth pursuant to this section. 24 (3) Each month, the Treasury department shall transfer 25 one-twelfth of the "jobs access/reverse commute project 26 section 1310.2 share" for that fiscal year into the General 27 Fund. The moneys so transferred are hereby appropriated to 28 the Department of Transportation for use by that department 29 for expenses related to the support of jobs access/reverse 30 commute projects. These funds shall be used to match Federal 20050S0301B0313 - 51 -
1 funds provided for this purpose at a match ratio of $1 of 2 State funds for each dollar of Federal funds. If the Federal 3 program changes the required match amount, funds provided 4 under this paragraph shall be provided to meet the new match 5 requirement. In any year in which the entire amount 6 appropriated under this paragraph is not needed to match 7 available Federal funds, the remainder shall be distributed 8 to Class 1, 2, 3, 4 and 5 transit entities under the formula 9 included in this section. 10 (4) Each month, the department shall distribute one- 11 twelfth of the Class 5 section 1310.2 percentage to Class 5 12 transit entities in the manner provided in this paragraph. 13 Each Class 5 transit entity shall receive a portion of each 14 monthly distribution of the Class 5 transit entity section 15 1310.2 percentage as follows: 16 (i) Class 5 transit entity annual total vehicle 17 share. Fifty percent of the monthly distribution of the 18 Class 5 section 1310.2 percentage shall be distributed 19 among all eligible Class 5 transit entities based upon 20 the formula below: 21 (A) The department shall first calculate for the 22 year for which the most recently submitted shared- 23 ride vehicle inventory report has been submitted: 24 (I) the Class 5 section 1310.2 total annual 25 bus inventory value; 26 (II) the Class 5 section 1310.2 total annual 27 minivan inventory value; 28 (III) the Class 5 section 1310.2 total 29 annual sedan inventory value; 30 (IV) the Class 5 section 1310.2 total annual 20050S0301B0313 - 52 -
1 station wagon inventory value; 2 (V) the Class 5 section 1310.2 total annual 3 van inventory value; and 4 (VI) the Class 5 section 1310.2 total annual 5 vehicle inventory value. 6 (B) The department shall then calculate for each 7 eligible Class 5 transit entity: 8 (I) the Class 5 transit entity section 9 1310.2 total annual bus inventory; 10 (II) the Class 5 transit entity section 11 1310.2 total annual minivan inventory value; 12 (III) the Class 5 transit entity section 13 1310.2 total annual sedan inventory value; 14 (IV) the Class 5 transit entity section 15 1310.2 total annual station wagon inventory 16 value; 17 (V) the Class 5 transit entity section 18 1310.2 total annual van inventory value; and 19 (VI) the Class 5 transit entity section 20 1310.2 total annual vehicle inventory value, 21 which is the sum of subclauses (I) through (V). 22 (C) The department shall then divide each Class 23 5 transit entity section 1310.2 annual vehicle 24 inventory value calculated in clause (B) by the Class 25 5 section 1310.2 total annual vehicle inventory value 26 calculated in clause (A) to determine each Class 5 27 transit entity's total vehicle inventory percentage. 28 (D) The department shall then apply this 29 percentage to the total available for distribution 30 under subsection (b)(3)(i) and the result will be 20050S0301B0313 - 53 -
1 distributed to each Class 5 transit entity as its 2 Class 5 transit entity total vehicle inventory share. 3 (ii) Limited eligibility Class 5 transit entity 4 annual vehicle share. Fifty percent of the monthly 5 distribution of the Class 5 section 1310.2 percentage 6 shall be distributed among limited eligibility Class 5 7 transit entities. 8 (A) The department shall first calculate for the 9 year for which the most recently submitted shared- 10 ride vehicle inventory report has been submitted: 11 (I) the Class 5 section 1310.2 limited 12 eligibility annual bus inventory value; 13 (II) the Class 5 section 1310.2 limited 14 eligibility annual minivan inventory value; 15 (III) the Class 5 section 1310.2 limited 16 eligibility annual sedan inventory value; 17 (IV) the Class 5 section 1310.2 limited 18 eligibility annual station wagon inventory value; 19 (V) the Class 5 section 1310.2 limited 20 eligibility annual van inventory value; and 21 (VI) the Class 5 section 1310.2 limited 22 eligibility annual vehicle inventory value. 23 (B) The department shall then calculate for each 24 limited eligibility Class 5 transit entity: 25 (I) the limited eligibility Class 5 transit 26 entity section 1310.2 annual bus inventory value; 27 (II) the limited eligibility Class 5 transit 28 entity section 1310.2 annual minivan inventory 29 value; 30 (III) the limited eligibility Class 5 20050S0301B0313 - 54 -
1 transit entity 1310.2 annual sedan inventory 2 value; 3 (IV) the limited eligibility Class 5 transit 4 entity section section 1310.2 annual station 5 wagon inventory value; 6 (V) the Class 5 transit entity section 7 1310.2 limited annual van inventory value; and 8 (VI) the limited eligibility Class 5 transit 9 entity section 1310.2 annual vehicle inventory 10 value, which is the sum of subclauses (I) through 11 (V). 12 (C) The department shall then divide each Class 13 5 transit entity section 1310.2 limited vehicle 14 inventory value calculated in clause (B) by the Class 15 5 section 1310.2 total limited vehicle inventory 16 value calculated in clause (A) to determine each 17 Class 5 transit entity's limited vehicle inventory 18 percentage. 19 (D) The department shall then apply this 20 percentage to the total available for distribution 21 under subsection (b)(3)(ii) and the result will be 22 distributed to each limited eligibility Class 5 23 transit entity as its Class 5 transit entity limited 24 vehicle inventory share. 25 (iii) Each transit entity's Class 5 transit entity 26 section 1310.2 share shall be the total of the results of 27 the calculations performed in subparagraphs (i) and (ii). 28 (5) Each month, the department shall distribute one- 29 twelfth of the Class 4 transit entity section 1310.2 30 percentage to Class 4 transit entities in the manner provided 20050S0301B0313 - 55 -
1 in this paragraph. Each Class 4 transit entity shall receive 2 a portion of each monthly distribution of the Class 4 transit 3 entity section 1310.2 percentage in accordance with the 4 formula defined in section 1310(b)(5). 5 (6) Each month, the department shall distribute one- 6 twelfth of the Class 3 transit entity section 1310.2 7 percentage to Class 3 transit entities in the manner provided 8 in this paragraph. Each Class 3 transit entity shall receive 9 a portion of each monthly distribution of the Class 3 transit 10 entity section 1310.2 percentage as follows: 11 (i) Eighty percent of the monthly distribution of 12 the Class 3 transit entity section 1310.2 share shall be 13 distributed among Class 3 transit entities based upon the 14 formula contained in section 1310(b)(6)(iii). 15 (ii) Ten percent of the monthly distribution of the 16 Class 3 transit entity section 1310.2 share shall be 17 distributed among Class 3 transit entities on the basis 18 of loss of Federal funding, as follows: 19 (A) To each Class 3 transit entity that has been 20 subjected to a cut in Federal formula funds 21 distributed under 49 U.S.C. § 5307 (relating to 22 urbanized area formula grants) between the fiscal 23 year prior to the fiscal year in which the section 24 1310.2 funds are being distributed and Federal fiscal 25 year 2002-2003 based on that Class 3 transit entity's 26 Class 3 transit entity section 1310.2 Federal funding 27 loss percentage. 28 (B) In any year in which the total loss of 29 Federal formula funds distributed under 49 U.S.C. § 30 5307 experienced by all Class 3 transit entities 20050S0301B0313 - 56 -
1 between the fiscal year prior to the fiscal year in 2 which the section 1310.2 funds are being distributed 3 and Federal fiscal year 2002-2003 is less than 10% of 4 the Class 3 transit entity section 1310.2 share, the 5 remainder of such funds shall be added to the system 6 growth set-aside and distributed under the formula in 7 subparagraph (iii). 8 (iii) Ten percent of the monthly distribution of the 9 Class 3 transit entity section 1310.2 share plus any 10 excess identified in subparagraph (ii)(B) shall be 11 distributed on the basis of growth of revenue vehicle 12 hours, as follows: 13 (A) Fifty percent of the system growth set-aside 14 shall be distributed to each Class 3 transit entity 15 based on that transit entity's Class 3 section 1310.2 16 total revenue vehicle hour percentage. Every Class 3 17 transit entity shall be deemed to have at least a 10% 18 increase in total revenue vehicle hours during the 19 relevant period. For Class 3 transit entities 20 operating within the boundaries of a separate Class 1 21 transit entity's or Class 2 entity's urbanized area, 22 an additional 10% shall be added to the growth rate 23 calculated after applying the calculation defined in 24 this clause. 25 (B) Fifty percent of the system growth set-aside 26 shall be distributed to each Class 3 transit entity 27 based on that transit entity's Class 3 section 1310.2 28 fixed-route revenue vehicle hour percentage. Every 29 Class 3 transit entity shall be deemed to have at 30 least a 10% increase in fixed-route revenue vehicle 20050S0301B0313 - 57 -
1 hours during the relevant period. For Class 3 transit 2 entities operating within the boundaries of a 3 separate Class 1 transit entity's or Class 2 entity's 4 urbanized area, an additional 10% shall be added to 5 the growth rate calculated after applying the 6 calculation defined in this clause. 7 (C) For purposes of calculating each Class 3 8 transit entity's share of the system growth set- 9 aside, Class 3 transit entities operating public 10 transportation services within the boundaries of a 11 separate Class 1 transit entity's or Class 2 transit 12 entity's urbanized area shall be included in the 13 calculation and receive the appropriate share of the 14 set-aside funds. 15 (7) Each month, the department shall distribute one- 16 twelfth of the Class 2 transit entity section 1310.2 17 percentage to Class 2 transit entities in the manner provided 18 in this paragraph. Each Class 2 transit entity shall receive 19 a pro rata share of the Class 2 transit entity section 1310.2 20 percentage. If there is only one Class 2 transit entity, it 21 shall receive the entire Class 2 transit entity section 22 1310.2 percentage. 23 (8) Each month, the department shall distribute one- 24 twelfth of the Class 1 transit entity section 1310.2 25 percentage to Class 1 transit entities in the manner provided 26 in this paragraph. Each Class 1 transit entity shall receive 27 a pro rata percentage of the Class 1 transit entity section 28 1310.2 percentage. If there is only one Class 1 transit 29 entity, it shall receive the entire Class 1 transit entity 30 section 1310.2 percentage. 20050S0301B0313 - 58 -
1 (c) Alternative means of raising revenue or reducing 2 expenses.-- 3 (1) In conjunction with the use of funds allocated under 4 the authority of this section for purposes of service 5 stabilization and in order to maximize the benefit of such 6 funds, a transit entity shall explore alternative means of 7 raising revenue, including, but not limited to, real estate 8 leases and rentals, equipment leases and rentals, contracting 9 of services, the solicitation of competitive bids and 10 awarding of contracts to the highest responsible bidder for 11 both interior and exterior advertising on all transit entity 12 equipment on which the public is charged a fare for riding. 13 (2) Notwithstanding any other provision of law, a 14 transit entity may, at the option of its governing board, 15 include the use of advertising on rail vehicles, both 16 interior and exterior. 17 (3) Any activity undertaken in conformance with this 18 section or any other provision concerning the use of 19 alternative means of raising revenue shall and will be, in 20 all respects and for all purposes, the performance of an 21 essential governmental function conducted in furtherance of 22 the public purposes of the transit entity and within the 23 powers granted to it and any immunities which it enjoys. No 24 activity undertaken in conformance with this section or any 25 other provision concerning the use of alternative means of 26 raising revenue shall subject a transit entity to pay any 27 property taxes or assessments of any kind or nature 28 whatsoever, now in existence or to be enacted in the future, 29 whether imposed by the Commonwealth or by any political 30 subdivision thereof, or by any other taxing authority. 20050S0301B0313 - 59 -
1 (4) In no event shall a transit entity be required to 2 pay any taxes or assessments of any kind whatsoever upon any 3 property or the income therefrom acquired or used or 4 permitted to be used for the purposes of this section. 5 (d) Definitions.--As used in this section, the following 6 words and phrases shall have the meanings given to them in this 7 subsection. Any term used in this section but not defined in 8 this subsection shall have the meaning given in section 1301 9 (relating to definitions), 1310(f) (relating to distribution of 10 funding) or 1310.1(c) (relating to supplemental public 11 transportation assistance funding), depending on where it 12 appears. 13 "All eligible Class 5 transit entities." All nonprofit 14 coordinators of the shared-ride lottery program for senior 15 citizens excluding Class 1 and 2 transit entities but including 16 nonprofit providers operating in the service area of a Class 1 17 transit entity utilizing a brokerage license issued by the 18 Pennsylvania Public Utility Commission, provided that a 19 nonprofit provider operating in the service area of a Class 1 20 transit entity utilizing a brokerage license issued by the 21 Pennsylvania Public Utility Commission shall only be eligible if 22 it has filed the same form with the Department of Transportation 23 at the same time as other Class 5 entities. For the first year 24 after the effective date of this section, however, such system 25 shall be allowed to file a report for the year for which the 26 department will use data from the other eligible Class 5 27 entities within 30 days of the effective date. 28 "Class 1 section 1310.2 percentage." Sixty-one point eight 29 percent. 30 "Class 2 section 1310.2 percentage." Twenty-two point five 20050S0301B0313 - 60 -
1 percent. 2 "Class 3 section 1310.2 Federal funding loss percentage." 3 Ten percent of the Class 3 section 1310.2 percentage up to a 4 maximum of the total dollar amount of loss of Federal formula 5 funds distributed under 49 U.S.C. § 5307 (relating to urbanized 6 area formula grants) experienced by all Class 3 transit entities 7 between the fiscal year prior to the fiscal year in which the 8 section 1310.2 funds are being distributed and Federal fiscal 9 year 2002-2003 divided by the total Class 3 section 1310.2 10 percentage. 11 "Class 3 section 1310.2 fixed-route revenue vehicle hour 12 percentage." Fifty percent of the Class 3 section 1310.2 system 13 growth percentage. 14 "Class 3 section 1310.2 percentage." Five point six percent. 15 Each Class 3 entity that is a recipient of these funds may use 16 the funds for either service stabilization or capital projects, 17 at its discretion so long as the requirements of section 1311 18 are met. 19 "Class 3 section 1310.2 revenue vehicle hour percentage." 20 Fifty percent of the Class 3 section 1310.2 system growth 21 percentage. 22 "Class 3 section 1310.2 system growth percentage." Ten 23 percent of the Class 3 section 1310.2 percentage plus, for any 24 fiscal year, the amount by which the Class 3 section 1310.2 25 Federal funding loss percentage is less than 10% of the Class 3 26 section 1310.2 percentage, divided by the Class 3 section 1310.2 27 percentage. 28 "Class 3 section 1310.2 total revenue vehicle hour 29 percentage." Fifty percent of the Class 3 section 1310.2 system 30 growth percentage. 20050S0301B0313 - 61 -
1 "Class 3 transit entity section 1310.2 Federal funding loss 2 percentage." The number derived by subtracting the amount of 3 funds received by each Class 3 transit entity that has been 4 subjected to a cut in Federal formula funds distributed under 49 5 U.S.C. § 5307 (relating to urbanized area formula grants) in the 6 fiscal year prior to the fiscal year in which the section 1310.2 7 funds are being distributed from the amount of funds received by 8 that Class 3 transit entity during Federal fiscal year 2002- 9 2003, divided by the total reduction in Federal formula funds 10 for all Class 3 transit entities subjected to such a loss 11 between the fiscal year prior to which the section 1310.2 funds 12 are being distributed and Federal fiscal year 2002-2003. 13 "Class 3 transit entity section 1310.2 fixed-route revenue 14 vehicle hour percentage." The number derived by subtracting a 15 Class 3 transit entity's fixed-route revenue vehicle hours 16 operated during fiscal year 1990-1991 from the fixed-route 17 revenue vehicle hours operated by that Class 3 transit entity 18 during the fiscal year two years prior to the fiscal year for 19 which funding is being distributed and dividing that figure by 20 the number derived by subtracting the total fixed-route revenue 21 vehicle hours operated by all Class 3 transit entities during 22 the fiscal year 1990-1991 from the total fixed-route revenue 23 vehicle hours of service operated by all Class 3 transit 24 entities during the fiscal year two years prior to the fiscal 25 year for which funding is being distributed, except that every 26 Class 3 transit entity shall be deemed to have at least a 10% 27 increase in total fixed-route revenue vehicle hours and all 28 Class 3 transit entities operating within the boundaries of a 29 separate Class 1 transit entity's or Class 2 transit entity's 30 urbanized area shall be credited an additional 10% of growth 20050S0301B0313 - 62 -
1 prior to performing the calculation. Data is to be based upon 2 information published in the most recent Department of 3 Transportation statistical report. 4 "Class 3 transit entity section 1310.2 total revenue vehicle 5 hour percentage." The number derived by subtracting a Class 3 6 transit entity's total revenue vehicle hours operated during 7 fiscal year 1990-1991 from the total revenue vehicle hours 8 operated by that Class 3 transit entity during the fiscal year 9 two years prior to the fiscal year for which funding is being 10 distributed and dividing that figure by the number derived by 11 subtracting the total revenue vehicle hours operated by all 12 Class 3 transit entities during the fiscal year 1990-1991 from 13 the total revenue vehicle hours of service operated by all Class 14 3 transit entities during the fiscal year two years prior to the 15 fiscal year for which funding is being distributed, except that 16 every Class 3 transit entity shall be deemed to have at least a 17 10% increase in total revenue vehicle hours and all Class 3 18 transit entities operating within the boundaries of a separate 19 Class 1 transit entity's or Class 2 transit entity's urbanized 20 area shall be credited an additional 10% of growth prior to 21 performing the calculation. Data is to be based upon information 22 published in the most recent Department of Transportation 23 statistical report. 24 "Class 4 section 1310.2 percentage." Two point three 25 percent. Each Class 4 transit entity that is a recipient of 26 these funds may use the funds for either service stabilization 27 or capital projects at its discretion so long as the 28 requirements of section 1311 (relating to use of funds 29 distributed) are met. 30 "Class 5 section 1310.2 limited eligibility annual bus 20050S0301B0313 - 63 -
1 inventory value." The total number of qualified buses reported 2 to the Department of Transportation by limited eligibility Class 3 5 transit entities on the most recently submitted vehicle 4 inventory report multiplied by the value designated for that 5 type of vehicle by the department. 6 "Class 5 section 1310.2 limited eligibility annual minivan 7 inventory value." The total number of qualified minivans 8 reported to the Department of Transportation by limited 9 eligibility Class 5 transit entities on the most recently 10 submitted vehicle inventory report multiplied by the value 11 designated for that type of vehicle by the department. 12 "Class 5 section 1310.2 limited eligibility annual sedan 13 inventory value." The total number of qualified sedans reported 14 to the Department of Transportation by limited eligibility Class 15 5 transit entities on the most recently submitted vehicle 16 inventory report multiplied by the value designated for that 17 type of vehicle by the department. 18 "Class 5 section 1310.2 limited eligibility annual station 19 wagon inventory value." The total number of qualified station 20 wagons reported to the Department of Transportation by limited 21 eligibility Class 5 transit entities on the most recently 22 submitted vehicle inventory report multiplied by the value 23 designated for that type of vehicle by the department. 24 "Class 5 section 1310.2 limited eligibility annual van 25 inventory value." The total number of qualified vans reported 26 to the Department of Transportation by limited eligibility Class 27 5 transit entities on the most recently submitted vehicle 28 inventory report multiplied by the value designated for that 29 type of vehicle by the department. 30 "Class 5 section 1310.2 limited eligibility annual vehicle 20050S0301B0313 - 64 -
1 inventory value." For a given year, the total of the Class 5 2 section 1310.2 limited annual bus inventory value, the Class 5 3 section 1310.2 limited annual minivan inventory value, the Class 4 5 section 1310.2 limited annual sedan inventory value, the Class 5 5 section 1310.2 limited annual station wagon inventory value 6 and the Class 5 section 1310.2 limited annual van inventory 7 value. 8 "Class 5 section 1310.2 percentage." Four point five percent 9 Each Class 5 transit entity that is a recipient of these funds 10 may use the funds for capital projects and for asset maintenance 11 and emergency situation recovery to the extent permitted by 12 section 1312 (relating to community transportation programs). 13 "Class 5 section 1310.2 total annual bus inventory value." 14 The total number of all qualified buses reported to the 15 Department of Transportation on the most recently submitted 16 vehicle inventory report multiplied by the value designated for 17 that type of vehicle by the department. 18 "Class 5 section 1310.2 total annual minivan inventory 19 value." The total number of all qualified minivans reported to 20 the Department of Transportation on the most recently submitted 21 vehicle inventory report multiplied by the value designated for 22 that type of vehicle by the department. 23 "Class 5 section 1310.2 total annual sedan inventory value." 24 The total number of all qualified sedans reported to the 25 Department of Transportation on the most recently submitted 26 vehicle inventory report multiplied by the value designated for 27 that type of vehicle by the department. 28 "Class 5 section 1310.2 total annual station wagon inventory 29 value." The total number of all qualified station wagons 30 reported to the Department of Transportation on the most 20050S0301B0313 - 65 -
1 recently submitted vehicle inventory report multiplied by the 2 value designated for that type of vehicle by the department. 3 "Class 5 section 1310.2 total annual van inventory value." 4 The total number of all qualified vans reported to the 5 Department of Transportation on the most recently submitted 6 vehicle inventory report multiplied by the value designated for 7 that type of vehicle by the department. 8 "Class 5 section 1310.2 total annual vehicle inventory 9 value." For a given year, the total of the Class 5 section 10 1310.2 total annual bus inventory value, the Class 5 section 11 1310.2 total annual minivan inventory value, the Class 5 section 12 1310.2 total annual sedan inventory value, the Class 5 section 13 1310.2 total annual station wagon inventory value and the Class 14 5 section 1310.2 total annual van inventory value. 15 "Class 5 transit entity section 1310.2 share." The total of 16 the results of the calculations performed in subsection (b)(3). 17 "Class 5 transit entity section 1310.2 total annual bus 18 inventory value." The total number of all qualified buses 19 reported by an individual Class 5 transit entity to the 20 Department of Transportation on the most recently submitted 21 vehicle inventory report multiplied by the value designated for 22 that type of vehicle by the department divided by the Class 5 23 section 1310.2 total annual bus inventory value. 24 "Class 5 transit entity section 1310.2 total annual minivan 25 inventory value." The total number of all qualified minivans 26 reported by an individual Class 5 transit entity to the 27 Department of Transportation on the most recently submitted 28 vehicle inventory report multiplied by the value designated for 29 that type of vehicle by the department divided by the Class 5 30 section 1310.2 total annual minivan inventory value. 20050S0301B0313 - 66 -
1 "Class 5 transit entity section 1310.2 total annual sedan 2 inventory value." The total number of all qualified sedans 3 reported by an individual Class 5 transit entity to the 4 Department of Transportation on the most recently submitted 5 vehicle inventory report multiplied by the value designated for 6 that type of vehicle by the department divided by the Class 5 7 section 1310.2 total annual sedan inventory value. 8 "Class 5 transit entity section 1310.2 total annual station 9 wagon inventory value." The total number of all qualified 10 station wagons reported by an individual Class 5 transit entity 11 to the Department of Transportation on the most recently 12 submitted vehicle inventory report multiplied by the value 13 designated for that type of vehicle by the department divided by 14 the Class 5 section 1310.2 total annual station wagon inventory 15 value. 16 "Class 5 transit entity section 1310.2 total annual van 17 inventory value." The total number of all qualified vans 18 reported by an individual Class 5 transit entity to the 19 Department of Transportation on the most recently submitted 20 vehicle inventory report multiplied by the value designated for 21 that type of vehicle by the department divided by the Class 5 22 section 1310.2 total annual van inventory value. 23 "Class 5 transit entity section 1310.2 annual vehicle 24 inventory value." For each Class 5 transit entity, for a given 25 year, the sum of the total Class 5 transit entity section 1310.2 26 annual bus inventory value, the total Class 5 transit entity 27 section 1310.2 annual minivan inventory value, the total Class 5 28 transit entity section 1310.2 annual sedan inventory value, the 29 total Class 5 transit entity section 1310.2 annual station wagon 30 inventory value and the total Class 5 transit entity section 20050S0301B0313 - 67 -
1 1310.2 annual van inventory value. 2 "Fixed-route revenue vehicle hours." The total number of 3 hours operated in total public transportation revenue service by 4 all vehicles belonging to or under contract to a Class 3 transit 5 entity during a fiscal year. 6 "Intercity passenger rail service." Passenger railroad 7 service connecting two or more urbanized areas and determined by 8 the Department of Transportation to qualify as intercity service 9 rather than commuter rail service. 10 "Intercity passenger rail service section 1310.2 percentage." 11 Three point four percent. 12 "Intercity passenger rail service program." Funds allocated 13 to the Department of Transportation to support intercity 14 passenger rail service. Program funds may be expended directly 15 by the department, expended through contracts with outside 16 entities or expended through grants in support of intercity 17 passenger rail service. Eligible expenditures include, but are 18 not limited to, program administration, studies, marketing, 19 operating subsidies, contracts for service, preconstruction 20 planning, engineering and design, capital projects, acquisition 21 of right-of-way and project oversight and accountability. 22 "Jobs access/reverse commute project." A project funded by 23 the Federal Transit Administration under the provisions of 49 24 U.S.C. § 5309 (relating to discretionary grants and loans) 25 related to the development or operation of transportation 26 services designed to transport welfare recipients and eligible 27 low-income individuals to and from jobs and activities related 28 to their employment or to transport residents of urban areas, 29 urbanized areas and areas other than urbanized areas to suburban 30 workplaces. 20050S0301B0313 - 68 -
1 "Jobs access/reverse commute project section 1310.2 share." 2 Ten million dollars. 3 "Limited eligibility Class 5 transit entity." All nonprofit 4 coordinators of the shared-ride lottery program for senior 5 citizens except for a coordinator operating in a county of the 6 first or second class, nonprofit providers operating in a city 7 of the first class utilizing a brokerage license issued by the 8 Pennsylvania Public Utility Commission or any otherwise- 9 qualified Class 5 transit entity that contracts with a private 10 for-profit operator which is regulated by the Pennsylvania 11 Public Utility Commission if the Class 5 transit entity utilizes 12 an approved fare structure developed by the for-profit operator 13 with the intention of generating a profit. 14 "Limited eligibility Class 5 transit entity section 1310.2 15 annual bus inventory value." The total number of qualified 16 buses reported by an individual limited eligibility Class 5 17 transit entity to the Department of Transportation on the most 18 recently submitted vehicle inventory report multiplied by the 19 value designated for that type of vehicle by the department 20 divided by the Class 5 section 1310.2 limited annual bus 21 inventory value. 22 "Limited eligibility Class 5 transit entity section 1310.2 23 annual minivan inventory value." The total number of qualified 24 minivans reported by an individual limited eligibility Class 5 25 transit entity to the Department of Transportation on the most 26 recently submitted vehicle inventory report multiplied by the 27 value designated for that type of vehicle by the department 28 divided by the Class 5 section 1310.2 limited annual bus 29 inventory value. 30 "Limited eligibility Class 5 transit entity section 1310.2 20050S0301B0313 - 69 -
1 annual sedan inventory value." The total number of qualified 2 sedans reported by an individual limited eligibility Class 5 3 transit entity to the Department of Transportation on the most 4 recently submitted vehicle inventory report multiplied by the 5 value designated for that type of vehicle by the department 6 divided by the Class 5 section 1310.2 limited annual sedan 7 inventory value. 8 "Limited eligibility Class 5 transit entity section 1310.2 9 annual station wagon inventory value." The total number of all 10 qualified station wagons reported by an individual limited 11 eligibility Class 5 transit entity to the Department of 12 Transportation on the most recently submitted vehicle inventory 13 report multiplied by the value designated for that type of 14 vehicle by the department divided by the Class 5 section 1310.2 15 limited annual station wagon inventory value. 16 "Limited eligibility Class 5 transit entity section 1310.2 17 annual van inventory value." The total number of all qualified 18 vans reported by an individual limited eligibility Class 5 19 transit entity to the Department of Transportation on the most 20 recently submitted vehicle inventory report multiplied by the 21 value designated for that type of vehicle by the department 22 divided by the Class 5 section 1310.2 limited annual van 23 inventory value. 24 "Limited eligibility Class 5 transit entity section 1310.2 25 annual vehicle inventory value." For each limited eligibility 26 Class 5 transit entity, for a given year, the sum of the limited 27 eligibility Class 5 transit entity section 1310.2 annual bus 28 inventory value, the limited eligibility Class 5 transit entity 29 section 1310.2 annual minivan inventory value, the limited 30 eligibility Class 5 transit entity section 1310.2 annual sedan 20050S0301B0313 - 70 -
1 inventory value, the limited eligibility Class 5 transit entity 2 section 1310.2 annual station wagon inventory value and the 3 limited eligibility Class 5 transit entity section 1310.2 annual 4 van inventory value. 5 "Public transportation entity." A Class 1, 2, 3, 4 or 5 6 transit entity as defined in this chapter. 7 "Qualified vehicle." A qualified vehicle for purposes of 8 calculating a Class 5 transit entity's section 1310.2 share 9 shall be a bus, minivan, sedan, station wagon or van that is 10 included on the most recently submitted Shared Ride Vehicle 11 Inventory Report, is actively engaged in the provision of 12 community transit services during the year in which it is 13 reported and is insured during that year 14 "Service stabilization." The ability to retain adequate 15 levels of service to meet passenger demand and maintain vehicles 16 and facilities in safe, attractive condition at fares that will 17 not result in ridership losses. 18 "State of good repair programs." Investment designed to 19 ensure an existing transit entity remains in safe, operational, 20 attractive condition, including, but not limited to, capital 21 projects, vehicle overhaul, asset maintenance, infrastructure 22 safety and renewal projects and environmental cleanup. 23 "Total revenue vehicle hours." The total number of hours 24 operated in revenue service by all vehicles belonging to or 25 under contract to a Class 3 transit entity during a fiscal year, 26 regardless of the type of service offered by those vehicles. 27 "Vehicle inventory report." A listing of all vehicles used 28 by Class 5 transit entities, by vehicle type, in a given year 29 which must be submitted to the Department of Transportation in 30 the format specified by the department to qualify as a recipient 20050S0301B0313 - 71 -
1 for section 1310.2 Class 5 funding. 2 § 1310.3. Major Capital Initiative Program. 3 (a) General rule.--Any funds dedicated for the use of public 4 passenger transit entities out of General Fund revenues, the 5 expenditure of which is permitted exclusively for major capital 6 initiatives as defined in this section, shall be deposited in 7 the Major Capital Initiative Account, which is established in 8 the State Treasury. The money in the account shall be used by 9 the Department of Transportation for the Major Capital 10 Initiative Program and shall be distributed in accordance with 11 this section. Transit entities may use major capital initiative 12 funds to finance public transportation improvements that fit 13 within the definition of "major capital initiative" in 14 subsection (d). 15 (b) Distribution procedure.--During each fiscal year, major 16 capital initiative program funds shall be distributed as 17 follows: 18 (1) On or before the fifth day of each month, the 19 Treasury Department shall certify to the department the total 20 amount then available for distribution, and the department 21 shall make distribution of payments required under this 22 subsection on or before the 20th day of each month. 23 (2) Each month, the department shall distribute one- 24 twelfth of the Class 1 transit entity section 1310.3 25 percentage available during the fiscal year in which it is 26 distributed to Class 1 transit entities in the manner 27 provided in this paragraph. Each Class 1 transit entity shall 28 receive a pro rata share of the Class 1 transit entity 29 section 1310.3 percentage. If there is only one Class 1 30 transit entity, it shall receive the entire Class 1 transit 20050S0301B0313 - 72 -
1 entity section 1310.3 percentage. 2 (3) Each month, the department shall distribute one- 3 twelfth of the Class 2 transit entity section 1310.3 4 percentage available during the fiscal year in which it is 5 distributed to Class 2 transit entities in the manner 6 provided in this paragraph. Each Class 2 transit entity shall 7 receive a pro rata percentage of the class 2 transit entity 8 section 1310.3 percentage. If there is only one Class 1 9 transit entity, it shall receive the entire Class 1 transit 10 entity section 1310.3 percentage. 11 (4) Each month, the department shall distribute one- 12 twelfth of the Class 3 and Class 4 transit entity section 13 1310.3 percentage available during the fiscal year in which 14 it is distributed to the department. The department shall 15 further distribute the funds to each Class 3 or Class 4 16 transit entity that has a Major Capital Initiative Project 17 included in the approved Major Capital Initiative Program 18 plan for the fiscal year during which the funds are being 19 distributed. Each Class 3 and Class 4 transit entity that 20 receives major capital initiative funds under this subsection 21 shall each month receive a percentage of the one-twelfth of 22 the Class 3 and Class 4 transit entity section 1310.3 23 percentage being distributed that is equal to the percentage 24 its approved project represents of the total Major Capital 25 Initiative Program for Class 3 and Class 4 transit entities 26 approved for that fiscal year by the department. 27 (c) Program requirements.-- 28 (1) The department shall develop an application process 29 and criteria to evaluate requests for section 1310.3 major 30 capital initiative program funds submitted by Class 3 and 20050S0301B0313 - 73 -
1 Class 4 transit entities. The application process and 2 criteria shall be the same for both classes, and projects 3 submitted by Class 3 and Class 4 transit entities shall be 4 considered as one pool for purposes of evaluation. 5 (2) Within 90 days of the effective date of this 6 section, each Class 3 and Class 4 transit entity that 7 receives funds under section 1310.2 (relating to service 8 stabilization and state of good repair) shall submit to the 9 department a five-year plan for use of those funds, 10 delineating which funds will be used for capital purposes and 11 which funds will be used for operating purposes. When funding 12 is made available for the purposes of this section, each 13 Class 3 and Class 4 transit entity shall identify its 14 projected need for major capital initiative funding during 15 the five-year period in conjunction with its five-year plan 16 for use of service stabilization and state of good repair 17 funds. This plan may be amended at any time but must be 18 updated at least once per year after the initial submission. 19 (3) Each year, by January 30, any Class 3 or Class 4 20 transit entity that wishes to receive funds from the Class 3 21 and Class 4 major capital initiative section 1310.3 22 percentage during the following fiscal year shall submit to 23 the department an application for such funds, including such 24 information and in such form as the department shall require, 25 except that a transit entity that wishes to receive major 26 capital initiative funding during a period that exceeds one 27 year shall only be required to submit a full application 28 during the first year it seeks funds. Thereafter, it need 29 only submit a progress report, an accounting of the funds 30 spent and an estimate of the funding needed during the 20050S0301B0313 - 74 -
1 upcoming fiscal year. 2 (4) Major capital initiative funds may be used to match 3 Federal funds available for capital purposes. For all 4 federally funded programs distributed on a formula basis or 5 individually through Congressional earmarks under 6 discretionary funding programs other than the Federal New 7 Start Program, section 1310.3 funds may provide local match- 8 up to five-sixths of the required non-Federal match. For 9 Federal funds provided through the Federal New Start Program, 10 section 1310.3 funds may provide up to five-sixths of the 11 non-Federal match currently required to meet the competitive 12 requirements imposed by the United States Department of 13 Transportation or the United States Congress, whichever is 14 greater. Section 1310.3 funds may be combined with other 15 funds provided under this title or through State bond funds 16 to meet non-Federal matching requirements. 17 (5) All moneys distributed pursuant to section 1310.3 18 shall be matched by local or private funding in an amount 19 equal to at least one-thirtieth of the total project cost. 20 Notwithstanding the above match requirement, however, a Class 21 3 or Class 4 system may provide a lower level of local or 22 private funding match, if and as approved by the department 23 so long as the local or private funding equals at least one- 24 thirtieth of the non-Federal share of the project. 25 (d) Definitions.--As used in this section, the following 26 words and phrases shall have the meanings given to them in this 27 subsection. Any term used in this section but not defined in 28 this subsection shall have the meaning given in section 1301, 29 1310(f), 1310.1(c) or 1310.2(c), depending on where it appears: 30 "Class 1 section 1310.3 percentage." Sixty percent. 20050S0301B0313 - 75 -
1 "Class 2 section 1310.3 percentage." Twenty-four percent. 2 "Classes 3 and 4 section 1310.3 percentage." Sixteen 3 percent. 4 "Federal New Start Program." The funding program authorized 5 in 49 U.S.C. § 5309 (relating to capital investment grants and 6 loans), permitting the Secretary of Transportation to make 7 grants and loans for capital projects for new fixed guideway 8 systems and extensions to existing fixed guideway systems, in 9 accordance with the guidelines specified in 49 U.S.C. § 5309(e). 10 "Major capital initiative." A major capital project or 11 program of projects designed to significantly expand or enhance 12 an existing transit system for which funding under section 1310, 13 1310.1 or 1310.2 programs is insufficient, including, but not 14 limited to, the establishment of a new fixed guideway line or 15 system or extension of a fixed guideway line or system under the 16 Federal New Start Program; major construction or reconstruction 17 of facilities; major fleet replacement; significant fleet 18 expansion or other major capital projects. 19 § 1310.4. Keystone Initiative. 20 (a) General rule.--Upon the effective date of this section, 21 0.378% of the money collected from the tax imposed under Article 22 III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax 23 Reform Code of 1971, shall be dedicated to the Keystone 24 Initiative and shall be allocated to the Department of 25 Transportation and expended for the purpose of bringing the 26 Keystone Corridor into a state of good repair, maintaining it in 27 such a state and making improvements if the level of funding 28 exceeds the amount needed to maintain a state of good repair. 29 (b) Eligible projects.--Eligible projects include repair and 30 improvement to all facets of the Keystone Corridor, including, 20050S0301B0313 - 76 -
1 but not limited to, track, track bed, catenary, power 2 distribution, signals, stations and parking. Projects may 3 benefit intercity and commuter rail systems operating in the 4 Keystone Corridor. 5 (c) State share.--The State may provide up to twenty-nine 6 thirtieths of total project cost. The remainder shall be 7 provided by the operator of the rail system that is the primary 8 beneficiary of the particular improvement. Where more than one 9 rail system benefits from the improvement, each shall contribute 10 to the non-State share in proportion to the benefits to that 11 system. If the rail systems cannot agree on an apportionment of 12 benefit, the department shall make that determination. 13 (d) Distribution of funds.--Eighty percent of the funds 14 provided under this program shall be allocated on the basis of 15 miles of rail service operated on the Keystone Corridor in the 16 year prior to the distribution of funds and made available for 17 improvements benefiting the rail system that operated those 18 miles. The remainder of the funds may be allocated at the 19 discretion of the department for projects in the Keystone 20 Corridor. Projects that benefit more than one rail system may be 21 combined. If there is an agreement between or among rail 22 systems, any portion of this program may be reallocated 23 temporarily, with the percentages restored to the donating rail 24 system at the completion of the agreement, under the terms of 25 the agreement. 26 (e) Definitions.--As used in this section, the following 27 words and phrases shall have the meanings given to them in this 28 subsection: 29 "Keystone Corridor." The rail line between Harrisburg, 30 Pennsylvania and Philadelphia, Pennsylvania, including all 20050S0301B0313 - 77 -
1 facilities and stations within that distance. 2 "Rail system." A system operating passenger service on the 3 Keystone Corridor, including both intercity passenger service 4 and commuter rail service. 5 Section 5. Section 1311(b), (d) and (e)(3) of Title 74 are 6 amended and the section is amended by adding a subsection to 7 read: 8 § 1311. Use of funds distributed. 9 * * * 10 (b) Funding purposes enumerated.--Moneys distributed 11 pursuant to [section 1310] sections 1310, 1310.1 (relating to 12 supplemental public transportation assistance funding), 1310.2 13 (relating to service stabilization and state of good repair 14 program) and 1310.3 (relating to Major Capital Initiative 15 Program) shall be used by local transportation organizations and 16 transportation companies for purposes of paying: 17 (1) all costs of capital projects, including, without 18 limitation, the costs of acquisition, construction, 19 installation, start-up costs of operations, improvement and 20 all work and materials incident thereto, provided that funds 21 expended for capital projects pursuant to [section 1310] 22 sections 1310, 1310.1, 1310.2 and 1310.3 shall be matched by 23 local or private funding in an amount equal to at least one- 24 thirtieth of the [project cost] non-Federal share; 25 (2) debt service and the cost of issuance of bonds, 26 notes and other evidences of indebtedness which a local 27 transportation organization or transportation company is 28 permitted to issue under any law of this Commonwealth; and 29 (3) to the extent permitted by this section, asset 30 maintenance costs. Community transportation programs shall 20050S0301B0313 - 78 -
1 use moneys distributed pursuant to this section only for 2 purposes enumerated in section 1312 (relating to community 3 transportation programs). 4 (b.1) Utilization of funds.--All Class 3 and 4 transit 5 entities may utilize all of the funds received pursuant to 6 section 1310, 1310.1 or 1310.2 for any purpose in furtherance of 7 public transportation, including capital, asset maintenance and 8 operating. 9 * * * 10 (d) Management of funds.-- 11 (1) Each local transportation organization or 12 transportation company receiving moneys pursuant to sections 13 1310 and 1310.1 [(relating to supplemental public 14 transportation assistance funding)] shall hold such moneys in 15 an account separate from other funds of the local 16 transportation organization or transportation company and 17 shall invest such moneys until such funds are used in 18 accordance with this section, with such funds being invested 19 in accordance with the limits on investment of the local 20 transportation organization or transportation company. 21 Notwithstanding any other provisions of this chapter, any 22 interest earned shall be used for capital projects and asset 23 maintenance costs during any period as determined by the 24 local transportation organization or transportation company. 25 (2) All moneys distributed pursuant to [section 1310] 26 sections 1310, 1310.1 and 1310.2 and utilized for asset 27 maintenance under subsection (e) shall be matched by local or 28 private funding in an amount equal to at least 1/30 of the 29 amount expended for such purposes, except that, in the case 30 of Class 3 and 4 transit entities, no matching funds shall be 20050S0301B0313 - 79 -
1 required if the department shall have received from the local 2 governmental funding source which would otherwise provide the 3 matching funds a certification that compliance with the 4 matching requirement would create an undue financial burden 5 upon the local governmental funding source such that a 6 curtailment of government services endangering public health 7 and safety would ensue. Funds allocated to a Class 5 entity 8 under section 1310.2 and utilized by that Class 5 transit 9 entity for asset maintenance under section 1312 shall be 10 matched by local or private funding in an amount equal to at 11 least one-thirtieth of the amount expended for such purposes, 12 except that no matching funds shall be required for funds 13 utilized by a Class 5 transit entity for asset maintenance 14 under section 1312 if the county in which the Class 5 transit 15 entity is operating, provided that the county that subsidizes 16 the service, or the nongovernmental entity that provides the 17 largest amount of funds to the Class 5 transit entity and the 18 board of the Class 5 transit entity provide a certification 19 that compliance with the matching requirement would create an 20 undue financial burden such that essential services of the 21 county or nongovernmental entity would be curtailed. 22 [(3) All moneys distributed pursuant to section 1310.1 23 and utilized under this section shall be matched by local or 24 private funding in an amount equal to at least 1/30 of the 25 amount expended for such purposes, except that, in the case 26 of Class 3 and 4 transit entities, no funds utilized for 27 asset maintenance under subsection (e) shall require a local 28 match if the department shall have received from the local 29 governmental funding source which would otherwise provide the 30 matching funds a certification that compliance with the 20050S0301B0313 - 80 -
1 matching requirement would create an undue financial burden 2 upon the local governmental funding source such that a 3 curtailment of government services endangering public health 4 and safety would ensue.] 5 (e) Asset maintenance.-- 6 * * * 7 (3) On or before March 1 of each year, the department 8 shall certify to each local transportation organization or 9 transportation company the amount of capital project, asset 10 maintenance, base supplemental assistance and other program 11 funds which the department estimates each local 12 transportation organization or transportation company will be 13 entitled to receive during the ensuing fiscal year. Each 14 local transportation organization or transportation company 15 may expend moneys distributed pursuant to sections 1310 and 16 1310.1 shares to fund asset maintenance costs up to the 17 following maximum percentages of the estimate from the 18 department, including accrued interest, the amount received 19 during the prior fiscal year or the amount actually received 20 in the current fiscal year, whichever is greater: 21 (i) Class 1 transit entities may utilize for asset 22 maintenance costs up to a maximum of 30% of the funds 23 received pursuant to sections 1310 and 1310.1 shares. 24 (ii) Class 2 [and 3] transit entities may utilize 25 for asset maintenance costs up to a maximum of 50% of the 26 funds received pursuant to sections 1310 [and 1310.1], 27 1310.1 and 1310.2. 28 [(iv) Class 4 transit entities may utilize for asset 29 maintenance costs up to a maximum of 50% of the funds 30 received pursuant to sections 1310 and 1310.1.] 20050S0301B0313 - 81 -
1 * * * 2 Section 6. Sections 1312 and 1315 of Title 74 are amended by 3 adding subsections to read: 4 § 1312. Community transportation programs. 5 * * * 6 (d) Class 5 transit entities.--A Class 5 transit entity may 7 use all of its section 1310.2 funds for capital purposes, or at 8 its option a limited eligibility Class 5 transit entity may use 9 up to 50% of funds received pursuant to section 1310.2 (relating 10 to service stabilization and state of good repair program) for 11 asset maintenance purposes. In any year in which a limited 12 eligibility Class 5 transit entity incurs a loss of passenger 13 revenue and/or subsidy provided on the basis of number of 14 passengers carried as a result of severe weather conditions or 15 another extreme emergency, as determined by the department, that 16 system may apply a sufficient portion of the funds it receives 17 pursuant to section 1310.2 and which are eligible for use for 18 asset maintenance purposes to cover the additional and/or 19 unsubsidized expenses that it incurred as a result of such 20 emergency. A Class 5 transit entity shall certify to the 21 department each year, as part of its application, that the 22 section 1310.2 funds made available to that Class 5 transit 23 entity shall not be used to replace previously available funding 24 provided by another source, including, but not limited to, the 25 Medical Assistance Transportation Program. 26 § 1315. Public transportation grants management accountability. 27 * * * 28 (g) Procurement.--A transit entity that receives funding 29 under this chapter may participate in, sponsor, conduct or 30 administer a cooperative purchasing agreement for the 20050S0301B0313 - 82 -
1 procurement of supplies, services, equipment or construction 2 with one or more transit entity or other public procurement unit 3 or with a mass transit entity or external procurement unit not 4 located in this Commonwealth consistent with the provisions of 5 62 Pa.C.S. Ch. 19 (relating to intergovernmental relations). 6 Where Federal funds provide a portion of the funds to implement 7 such a purchase, a transit entity must also comply with any 8 Federal procurement requirements that exceed those contained in 9 62 Pa.C.S. Ch. 19. 10 Section 7. Title 75 is amended by adding a section to read: 11 § 3315. Special traffic rules. 12 (a) Passing and overtaking streetcars.-- 13 (1) Notwithstanding any other provision in this 14 subchapter, the driver of a vehicle may not overtake and pass 15 to the left of a streetcar proceeding in the same direction, 16 whether the streetcar is actually in motion or temporarily 17 halted to receive or discharge passengers, if overtaking or 18 passing requires driving in a lane normally used by traffic 19 moving in the opposite direction. 20 (2) The driver of a vehicle may not overtake and pass a 21 streetcar which has stopped to receive or discharge 22 passengers on the side on which the passengers board or 23 alight until the doors of the streetcar are closed and 24 passengers who are discharged have reached the side of the 25 highway onto which they are discharged. 26 (3) This subsection shall not apply to those locations 27 where streetcars are operating on tracks which are located 28 within a median section of the roadway, when that median 29 section is separated from the roadway by curbs or physical 30 barriers. 20050S0301B0313 - 83 -
1 (b) Right-of-way of certain public transportation vehicles 2 reentering traffic.-- 3 (1) Notwithstanding any other provision in this 4 subchapter, the driver of a nonemergency vehicle shall yield 5 the right-of-way to any public transportation vehicle, 6 provided that: 7 (i) The driver operates a vehicle that is in a 8 position to overtake the bus from its rear. 9 (ii) The bus, after exiting an active traffic lane 10 for the purpose of stopping to receive or discharge 11 passengers, attempts to reenter the lane from which it 12 exited and to enter the traffic lane occupied by the 13 driver by signaling its intention to do so. No other lane 14 changes shall be permitted. 15 (2) The department in cooperation with public 16 transportation systems throughout this Commonwealth, shall 17 conduct a public education program to inform motorists of the 18 requirements imposed by this section relating to bus rights- 19 of-way. 20 (c) Definition.--As used in this section, the term "public 21 transportation vehicle" means and includes all autobuses of 22 whatever size or configuration operated by or under contract for 23 any public transportation system subject to 74 Pa.C.S. Pt. II 24 (relating to public transportation), so long as the vehicle 25 clearly identifies that it is operated by or on behalf of the 26 public transportation system. 27 Section 8. This act shall take effect immediately. B3L74DMS/20050S0301B0313 - 84 -