SENATE AMENDED PRIOR PRINTER'S NOS. 1971, 2088, 2170 PRINTER'S NO. 2179
No. 1590 Session of 2007
INTRODUCED BY MARKOSEK, D. EVANS, McCALL AND DeWEESE, JUNE 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 30, 2007
AN ACT 1 Amending Titles 53 (Municipalities Generally), 74 2 (Transportation) and 75 (Vehicles) of the Pennsylvania 3 Consolidated Statutes, providing for minority and women-owned <-- 4 business participation, for public transportation assistance 5 and taxation and for income based on use of Commonwealth 6 highways; PROVIDING FOR MINORITY AND WOMEN-OWNED BUSINESS <-- 7 PARTICIPATION; authorizing local taxation for public 8 transportation assistance; repealing provisions relating to 9 public transportation assistance; providing for 10 transportation issues and for sustainable mobility options; 11 further providing, in metropolitan transportation <-- 12 authorities, for board members and for operation; 13 consolidating the Turnpike Organization, Extension and Toll 14 Road Conversion Act and further providing for the <-- 15 Pennsylvania Turnpike Commission; PROVIDING FOR TURNPIKE <-- 16 COMMISSION STANDARDS OF CONDUCT; in provisions on the 17 Pennsylvania Turnpike, further providing for definitions, for 18 authorizations and for conversion to toll roads and providing 19 for conversion of Interstate 80, for application and for 20 lease of Interstate 80; in taxes for highway maintenance and 21 construction, providing for definitions; further providing 22 for imposition and for allocation of proceeds; providing for 23 special revenue bonds, for expenses, for application of 24 proceeds of obligations, for trust indenture, for exemption, 25 for pledged revenues, for special revenue refunding bonds, 26 for remedies, for Motor License Fund proceeds, for 27 construction and for funding; and making related repeals. 28 The General Assembly of the Commonwealth of Pennsylvania 29 hereby enacts as follows:
1 Section 1. Chapter 86 of Title 53 of the Pennsylvania <-- 2 Consolidated Statutes is amended to read: 3 CHAPTER 86 4 [(RESERVED)] 5 TAXATION FOR PUBLIC TRANSPORTATION 6 Sec. 7 8601. Declaration of policy. 8 8602. Local financial support. 9 § 8601. Declaration of policy. 10 The General Assembly finds and declares as follows: 11 (1) Programs under 74 Pa.C.S. Ch. 13A (relating to 12 sustainable mobility options) will require local funding. 13 (2) Local funding under paragraph (1) will require new 14 or additional taxes by political subdivisions. 15 § 8602. Local financial support. 16 (a) Imposition.--Notwithstanding any other provision of law, 17 a municipality may obtain financial support for transit systems 18 by imposing one or more of the taxes or surcharges under 19 subsection (b). Money obtained from the imposition shall be 20 deposited into a restricted account of the municipality. The 21 following apply: 22 (1) Money in the restricted account shall be used to 23 meet the requirements of 74 Pa.C.S. §§ 1513(d)(1) (relating 24 to operating program), 1514(c) (relating to asset improvement 25 program) and 1515(d) (relating to new initiatives program). 26 (2) Money in the restricted account beyond that 27 necessary under paragraph (1) shall be used for public 28 passenger transportation, as defined in 74 Pa.C.S. § 1503 29 (relating to definitions) or for costs related to the 30 maintenance, repair, restoration or replacement of local 20070H1590B2179 - 2 -
1 roads and bridges. 2 (b) Taxes.-- 3 (1) A county may, by ordinance, impose all of the 4 following taxes: 5 (i) A sales tax on each separate sale at retail of 6 tangible personal property or services within the county 7 of either 0.25% or 0.5% of the purchase price. The 8 Department of Revenue shall administer and collect the 9 tax under this subparagraph in accordance with Article II 10 of the act of March 4, 1971 (P.L.6, No.2), known as the 11 Tax Reform Code of 1971, and shall distribute the money 12 to the county. As used in this subparagraph, the terms 13 "purchase price," "sale at retail" and "tangible personal 14 property" shall have the meanings given to them under 15 section 201 of the Tax Reform Code of 1971. 16 (ii) A use tax on each use within the county of 17 tangible personal property purchased at retail and on 18 those services purchased at retail of either 0.25% or 19 0.5% of the purchase price. The ordinance shall provide 20 that the tax shall not be paid if the person has paid the 21 tax imposed under subparagraph (i) or has paid the tax 22 imposed under this subparagraph to the vendor with 23 respect to the use. The Department of Revenue shall 24 administer and collect the tax under this subparagraph in 25 accordance with Article II of the Tax Reform Code of 1971 26 and shall distribute the money to the county. As used in 27 this subparagraph, the terms "purchase price," "tangible 28 personal property" and "vendor" shall have the meanings 29 given to them under section 201 of the Tax Reform Code of 30 1971. 20070H1590B2179 - 3 -
1 (iii) An excise tax of either 0.25% or 0.5% of the 2 rent upon the occupancy of each hotel room in the county. 3 As used in this subparagraph, the terms "hotel," 4 "occupancy" and "rent" shall have the meanings given to 5 them under section 209(a) of the Tax Reform Code of 1971. 6 (2) A municipality other than a county may, by 7 ordinance, impose a tax on earned income, as defined under 8 section 13 of the act of December 31, 1965 (P.L.1257, 9 No.511), known as The Local Tax Enabling Act, of either 0.25% 10 or 0.5%. The tax under this paragraph shall be in addition to 11 the tax imposed under The Local Tax Enabling Act. 12 (3) A municipality may, by ordinance, impose a tax of up 13 to $2 per day on each rental vehicle. As used in this 14 paragraph, the term "rental vehicle" shall have the meaning 15 given it in section 1601-A of the Tax Reform Code of 1971. 16 (4) A county may impose, under the statutory authority 17 of the county to levy an excise tax on the price of a hotel 18 room rental, an additional excise tax of up to 1% on the 19 price of a hotel room rental. 20 Section 1.1. Title 74 is amended by adding a section to 21 read: 22 § 303. Minority and women-owned business participation. 23 (a) General rule.--In administering the provisions of this 24 title, the department and any local transportation organization 25 shall: 26 (1) Be responsible for ensuring that all competitive 27 contract opportunities issued by the department or local 28 transportation organization seek to maximize participation by 29 minority and women-owned businesses and other disadvantaged 30 businesses. 20070H1590B2179 - 4 -
1 (2) Give consideration, when possible and cost 2 effective, to contractors offering to utilize minority and 3 women-owned businesses and disadvantaged businesses in the 4 selection and award of contracts. 5 (3) Ensure that the department's and local 6 transportation organizations's commitment to the minority and 7 women-owned business program is clearly understood and 8 appropriately implemented and enforced by all department and 9 local transportation organization employees. 10 (4) Designate a responsible official to supervise the 11 department and local transportation organization minority and 12 women-owned business program and ensure compliance within the 13 department or local transportation organization. 14 (5) Furnish the Department of General Services, upon 15 request, all requested information or assistance. 16 (6) Recommend sanctions to the Secretary of General 17 Services, as may be appropriate, against businesses that fail 18 to comply with the policies of the Commonwealth minority and 19 women-owned business program. 20 (b) Definitions.--As used in this section, the following 21 words and phrases shall have the meanings given to them in this 22 subsection: 23 "Disadvantaged business." A business that is owned or 24 controlled by a majority of persons, not limited to members of 25 minority groups, who are subject to racial or ethnic prejudice 26 or cultural bias. 27 "Local transportation organization." Any of the following: 28 (1) A political subdivision or a public transportation 29 port or redevelopment authority organized under the laws of 30 this Commonwealth or pursuant to an interstate compact or 20070H1590B2179 - 5 -
1 otherwise empowered to render, contract for the rendering or 2 assist in the rendering of transportation service in a 3 limited area in this Commonwealth, even though it may also 4 render or assist in rendering transportation service in 5 adjacent states. 6 (2) A nonprofit association that directly or indirectly 7 provides public transportation service. 8 (3) A nonprofit association of public transportation 9 providers operating within this Commonwealth. 10 "Minority-owned business." A business owned and controlled 11 by a majority of persons who are African Americans, Hispanic 12 Americans, Native Americans, Asian Americans, Alaskans and 13 Pacific Islanders. 14 "Women-owned business." A business owned and controlled by a 15 majority of persons who are women. 16 Section 1.2. Chapter 13 of Title 74 is repealed: 17 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 18 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ: 19 SECTION 1. TITLE 53 OF THE PENNSYLVANIA CONSOLIDATED <-- 20 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 21 § 303. MINORITY AND WOMEN-OWNED BUSINESS PARTICIPATION. 22 (A) GENERAL RULE.--IN ADMINISTERING THE PROVISIONS OF THIS 23 TITLE, THE DEPARTMENT AND ANY LOCAL TRANSPORTATION ORGANIZATION 24 SHALL: 25 (1) BE RESPONSIBLE FOR ENSURING THAT ALL COMPETITIVE 26 CONTRACT OPPORTUNITIES ISSUED BY THE DEPARTMENT OR LOCAL 27 TRANSPORTATION ORGANIZATION SEEK TO MAXIMIZE PARTICIPATION BY 28 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES AND OTHER 29 DISADVANTAGED BUSINESSES. 30 (2) GIVE CONSIDERATION, WHEN POSSIBLE AND COST 20070H1590B2179 - 6 -
1 EFFECTIVE, TO CONTRACTORS OFFERING TO UTILIZE MINORITY-OWNED 2 AND WOMEN-OWNED BUSINESSES AND DISADVANTAGED BUSINESSES IN 3 THE SELECTION AND AWARD OF CONTRACTS. 4 (3) ENSURE THAT THE DEPARTMENT'S AND LOCAL 5 TRANSPORTATION ORGANIZATIONS'S COMMITMENT TO THE MINORITY- 6 OWNED AND WOMEN-OWNED BUSINESS PROGRAM IS CLEARLY UNDERSTOOD 7 AND APPROPRIATELY IMPLEMENTED AND ENFORCED BY ALL DEPARTMENT 8 AND LOCAL TRANSPORTATION ORGANIZATION EMPLOYEES. 9 (4) DESIGNATE A RESPONSIBLE OFFICIAL TO SUPERVISE THE 10 DEPARTMENT AND LOCAL TRANSPORTATION ORGANIZATION MINORITY- 11 OWNED AND WOMEN-OWNED BUSINESS PROGRAM AND ENSURE COMPLIANCE 12 WITHIN THE DEPARTMENT OR LOCAL TRANSPORTATION ORGANIZATION. 13 (5) FURNISH THE DEPARTMENT OF GENERAL SERVICES, UPON 14 REQUEST, ALL REQUESTED INFORMATION OR ASSISTANCE. 15 (6) RECOMMEND SANCTIONS TO THE SECRETARY OF GENERAL 16 SERVICES, AS MAY BE APPROPRIATE, AGAINST BUSINESSES THAT FAIL 17 TO COMPLY WITH THE POLICIES OF THE COMMONWEALTH MINORITY- 18 OWNED AND WOMEN-OWNED BUSINESS PROGRAM. 19 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 20 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 21 SUBSECTION: 22 "DISADVANTAGED BUSINESS." A BUSINESS THAT IS OWNED OR 23 CONTROLLED BY A MAJORITY OF PERSONS, NOT LIMITED TO MEMBERS OF 24 MINORITY GROUPS, WHO ARE SUBJECT TO RACIAL OR ETHNIC PREJUDICE 25 OR CULTURAL BIAS. 26 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 27 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 28 PORT OR REDEVELOPMENT AUTHORITY ORGANIZED UNDER THE LAWS OF 29 THIS COMMONWEALTH OR PURSUANT TO AN INTERSTATE COMPACT OR 30 OTHERWISE EMPOWERED TO RENDER, CONTRACT FOR THE RENDERING OF 20070H1590B2179 - 7 -
1 OR ASSIST IN THE RENDERING OF TRANSPORTATION SERVICE IN A 2 LIMITED AREA IN THIS COMMONWEALTH, EVEN THOUGH IT MAY ALSO 3 RENDER OR ASSIST IN RENDERING TRANSPORTATION SERVICE IN 4 ADJACENT STATES. 5 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 6 PROVIDES PUBLIC TRANSPORTATION SERVICE. 7 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 8 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 9 "MINORITY-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED 10 BY A MAJORITY OF INDIVIDUALS WHO ARE AFRICAN AMERICANS, HISPANIC 11 AMERICANS, NATIVE AMERICANS, ASIAN AMERICANS, ALASKANS OR 12 PACIFIC ISLANDERS. 13 "WOMEN-OWNED BUSINESS." A BUSINESS OWNED AND CONTROLLED BY A 14 MAJORITY OF INDIVIDUALS WHO ARE WOMEN. 15 SECTION 1.1. TITLE 53 IS AMENDED BY ADDING A CHAPTER TO 16 READ: 17 CHAPTER 86 18 TAXATION FOR PUBLIC TRANSPORTATION 19 SEC. 20 8601. SCOPE. 21 8602. LOCAL FINANCIAL SUPPORT. 22 § 8601. SCOPE. 23 THIS CHAPTER RELATES TO LOCAL FUNDING FOR SUSTAINABLE 24 MOBILITY OPTIONS. 25 § 8602. LOCAL FINANCIAL SUPPORT. 26 (A) IMPOSITION.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 27 A COUNTY OF THE SECOND CLASS MAY OBTAIN FINANCIAL SUPPORT FOR 28 TRANSIT SYSTEMS BY IMPOSING ONE OR MORE OF THE TAXES UNDER 29 SUBSECTION (B). MONEY OBTAINED FROM THE IMPOSITION SHALL BE 30 DEPOSITED INTO A RESTRICTED ACCOUNT OF THE MUNICIPALITY COUNTY. <-- 20070H1590B2179 - 8 -
1 (B) TAXES.-- 2 (1) A COUNTY OF THE SECOND CLASS MAY, BY ORDINANCE, 3 IMPOSE ALL ANY OF THE FOLLOWING TAXES: <-- 4 (I) A TAX ON THE SALE AT RETAIL OF LIQUOR AND MALT 5 AND BREWED BEVERAGES WITHIN THE COUNTY. THE ORDINANCE 6 SHALL BE MODELED ON THE ACT OF JUNE 10, 1971 (P.L.153, 7 NO.7), KNOWN AS THE FIRST CLASS SCHOOL DISTRICT LIQUOR 8 SALES TAX ACT OF 1971; AND THE RATE OF TAX AUTHORIZED 9 UNDER THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE 10 ESTABLISHED UNDER THAT ACT. 11 (II) AN EXCISE TAX ON EACH RENTING OF A RENTAL 12 VEHICLE IN THE COUNTY. THE RATE OF TAX AUTHORIZED UNDER 13 THIS SUBPARAGRAPH MAY NOT EXCEED THE RATE ESTABLISHED 14 UNDER SECTION 2301(E) OF THE ACT OF MARCH 4, 1971 (P.L.6, 15 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. AS USED IN 16 THIS SUBPARAGRAPH, THE TERM "RENTAL VEHICLE" HAS THE 17 MEANING GIVEN TO IT IN SECTION 1601-A OF THE TAX REFORM 18 CODE OF 1971. 19 (2) (RESERVED). 20 (C) DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM <-- 21 "COUNTY OF THE SECOND CLASS" SHALL NOT INCLUDE A COUNTY OF THE 22 SECOND CLASS A. 23 SECTION 2. SUBJECT TO SECTION 13.1 9 OF THIS ACT, CHAPTER 13 <-- 24 OF TITLE 74 IS REPEALED: 25 [CHAPTER 13 26 PUBLIC TRANSPORTATION ASSISTANCE 27 28 § 1301. Definitions. 29 The following words and phrases when used in this chapter 30 shall have the meanings given to them in this section unless the 20070H1590B2179 - 9 -
1 context clearly indicates otherwise: 2 "Asset maintenance costs." All vehicle maintenance expenses, 3 nonvehicle maintenance expenses and materials and supplies used 4 in the operation of local transportation organizations and 5 transportation companies. 6 "Average fare." Total passenger revenue divided by the total 7 number of fare-paying passengers. With regard to the calculation 8 of average fare or base fare for the reimbursement of losses 9 resulting from free service to senior citizens authorized by 10 this part, the Department of Transportation shall not 11 differentiate between bus services provided within an operating 12 unit or division of any transit agency for any reason. Services 13 funded under either the State urban or rural operating 14 assistance programs will be considered separate operating units. 15 "Bus." A motor vehicle designed for carrying 15 or more 16 passengers, exclusive of the driver, and used for the 17 transportation of persons, and a motor vehicle, other than a 18 taxicab, designed and used for the transportation of persons for 19 compensation. 20 "Capital project." Any system of public passenger or public 21 passenger and rail transportation, including, but not limited 22 to, any railway, street railway, subway, elevated and monorail 23 passenger or passenger and rail rolling stock, including self- 24 propelled and gallery cars, locomotives, passenger buses and 25 wires, poles and equipment for the electrification of any of the 26 foregoing, rails, tracks, roadbeds, guideways, elevated 27 structures, buildings, stations, terminals, docks, shelters, 28 airports and parking areas for use in connection with public 29 passenger or public passenger and rail transportation systems, 30 interconnecting lines and tunnels to provide passenger or 20070H1590B2179 - 10 -
1 passenger and rail service connections between transportation 2 systems, transportation routes, corridors, and rights-of-way for 3 any thereof (but not for public highways), signal and 4 communication systems necessary or desirable for the 5 construction, operation or improvement of the public passenger 6 or passenger and rail transportation system involved, or any 7 improvement of or overhaul of any vehicle, equipment or 8 furnishings for any of the foregoing or any part, or fractional 9 and undivided co-ownership or leasehold interest in any one or 10 combination of any of the foregoing, that may be designated as a 11 capital project by the secretary. 12 "Class 1 transit entity." A local transportation 13 organization or transportation company operating 1,000 or more 14 transit vehicles in the peak period. 15 "Class 2 transit entity." A local transportation 16 organization or transportation company operating more than 300 17 but less than 1,000 transit vehicles in the peak period. 18 "Class 3 transit entity." A local transportation 19 organization or transportation company operating 300 or less 20 fixed-route transit vehicles in the peak period serving an 21 urbanized area. 22 "Class 4 transit entity." Any local transportation 23 organization or transportation company which serves a 24 nonurbanized area and, during the 1990-1991 fiscal year, 25 received or was approved to receive funding under the act of 26 February 11, 1976 (P.L.14, No.10), known as the Pennsylvania 27 Rural and Intercity Common Carrier Surface Transportation 28 Assistance Act. 29 "Class 4 transit entity adjusted base grant." The State 30 subsidy for operating expenses a Class 4 transit entity received 20070H1590B2179 - 11 -
1 during the 1990-1991 fiscal year, including any funds 2 appropriated under the act of February 11, 1976 (P.L.14, No.10), 3 known as the Pennsylvania Rural and Intercity Common Carrier 4 Surface Transportation Assistance Act; adjusted for factors 5 which, in the judgment of the department, caused significant 6 increases or decreases in the amount of State subsidy to a Class 7 4 transit entity during the 1990-1991 fiscal year; and further 8 adjusted, with respect to any Class 4 transit entity which 9 received a State subsidy for less than the entire 1990-1991 10 fiscal year, to reflect the annual subsidy that Class 4 transit 11 entity would have received during that fiscal year if it had 12 received a State subsidy for that entire fiscal year. 13 "Community transportation programs." Programs eligible to be 14 funded pursuant to section 1312 (relating to community 15 transportation programs). 16 "Construction." The term includes acquisition as well as 17 construction. 18 "Counties." The term includes any county. 19 "County transportation system." Buses, vans or other transit 20 vehicles purchased, maintained and operated by any county and 21 used to provide free or reduced rate transportation within the 22 county to persons 65 years of age or older. 23 "Department." The Department of Transportation of the 24 Commonwealth. 25 "Equipment" and "furnishings." Any equipment and furnishings 26 whatsoever as may be deemed desirable and required for a capital 27 project and approved by the Department of Transportation for the 28 use and occupancy of that capital project. The terms include the 29 installation of such equipment and furnishings. 30 "Federal agency." The United States of America, the 20070H1590B2179 - 12 -
1 President of the United States of America and any department of, 2 or corporation, agency or instrumentality heretofore or 3 hereafter created, designated or established by, the United 4 States of America. 5 "Fixed-route public transportation services." Regularly 6 scheduled transportation that is available to the general public 7 and is provided according to published schedules along 8 designated published routes with specified stopping points for 9 the taking on and discharging of passengers, including public 10 bus and commuter rail systems. The term does not include 11 exclusive ride taxi service, charter or sightseeing services, 12 nonpublic transportation or school bus or limousine services. 13 "Fund." The Public Transportation Assistance Fund. 14 "Improvement." Any extension, enlargement, equipping, 15 furnishing, as well as any improvement. 16 "Local transportation organization." Any political 17 subdivision or any mass transportation, port, redevelopment or 18 airport authority now or hereafter organized under the Laws of 19 Pennsylvania or pursuant to an interstate compact or otherwise 20 empowered to render, contract for the rendering or assist in the 21 rendering of transportation service in a limited area in the 22 Commonwealth of Pennsylvania, even though it may also render or 23 assist in rendering transportation service in adjacent states, 24 or any nonprofit association of public transportation providers 25 within this Commonwealth. 26 "Materials and supplies." Those categories of expenses 27 contained in object class code 504 as specified in the National 28 Urban Mass Transportation Statistics, 1989 Section 15 Annual 29 Report, Report No. UMTA-IT-06-0352-90-1. 30 "Municipality." Includes any city, borough, incorporated 20070H1590B2179 - 13 -
1 town or township. 2 "Nonurbanized area." Any area in this Commonwealth which 3 does not fall within an area classified as "urbanized" by the 4 United States Bureau of the Census of the United States 5 Department of Commerce in the 1990 Census of Population or any 6 area in this Commonwealth not classified as "urbanized" in any 7 future decennial census of the United States. 8 "Nonvehicle maintenance expenses." The categories of costs 9 associated with the inspection, maintenance and repair of assets 10 other than vehicles, as specified in the National Urban Mass 11 Transportation Statistics, 1989 Section 15 Annual Report, Report 12 No. UMTA-IT-06-0352-90-1. 13 "Pennsylvania Mass Transit Statistical Report." The summary 14 of selected financial and operating data concerning local 15 transportation organizations and transportation companies for 16 services in urbanized areas published annually by the Department 17 of Transportation since the 1973-1974 fiscal year. The 18 department shall publish the Pennsylvania Mass Transit 19 Statistical Report on an annual basis, which report shall 20 contain statistics with respect to the prior fiscal year, 21 including those statistics needed for the department to make the 22 calculations required pursuant to sections 1303 (relating to 23 annual appropriation and computation of subsidy) and 1310 24 (relating to distribution of funding), and such other material 25 as the department shall determine. 26 "Pennsylvania Rural and Small Urban Public Transportation 27 Program Statistical Report." The summary of selected financial 28 and operating data concerning rural and small urban local 29 transportation organizations and transportation companies for 30 services in nonurbanized areas published by the Department of 20070H1590B2179 - 14 -
1 Transportation. The department shall publish the Pennsylvania 2 Rural and Small Urban Public Transportation Program Statistical 3 Report on an annual basis, which report shall contain statistics 4 with respect to the prior fiscal year, including those 5 statistics needed for the department to make the calculations 6 required pursuant to sections 1303 (relating to annual 7 appropriation and computation of subsidy) and 1310 (relating to 8 distribution of funding), and such other material as the 9 department shall determine. 10 "Person." The term includes natural persons, firms, 11 associations, corporations, business trusts, partnerships and 12 public bodies, including local transportation organizations. 13 "Planning, development, research, rural expansion and 14 department-initiated programs." Any program eligible to be 15 funded pursuant to section 1313 (relating to additional 16 programs). 17 "Project grant." The Commonwealth's share of the cost of 18 carrying out the particular project, which cost may include 19 costs incurred prior to the effective date of this part and 20 which cost shall include an appropriate allowance for the 21 administrative expenses involved in carrying out the project. 22 "Property." All property, real, personal or mixed, tangible 23 or intangible, or any interest therein, including fractional and 24 undivided co-ownership interests. 25 "Public highway." Every way or place, of whatever nature, 26 open to the use of the public as a matter of right for purposes 27 of vehicular travel. Solely for the purpose of administering 28 this part, the term shall not be deemed to include a bridge 29 located wholly within this Commonwealth which is open to the use 30 of the public for the purpose of vehicular traffic but which on 20070H1590B2179 - 15 -
1 March 15, 1964, was owned and maintained by a mass 2 transportation or port authority and which comprises a part of 3 the transportation system of the mass transportation or port 4 authority. 5 "Revenue hours." The total amount of time, calculated in 6 hours, during which vehicles of a Class 4 transit entity are in 7 service and available for public use as reported with respect to 8 the most recent fiscal year in the most recently issued 9 Pennsylvania Rural and Small Urban Public Transportation 10 Statistical Report. 11 "Revenue miles." The total number of in-service miles 12 traveled by vehicles of a Class 4 transit entity as reported 13 with respect to the most recent fiscal year in the most recently 14 issued Pennsylvania Rural and Small Urban Public Transportation 15 Statistical Report. 16 "Secretary." The Secretary of Transportation of the 17 Commonwealth. 18 "Shared-ride public transportation services." Demand- 19 responsive transportation that is available to the general 20 public, operates on a nonfixed route basis and charges a fare to 21 all riders. For transportation to be included in this definition 22 the first fare-paying passengers to enter the public 23 transportation vehicle must not refuse to share the vehicle with 24 other passengers during a given trip. Services excluded under 25 this definition are: exclusive ride taxi service; charter and 26 sightseeing services; nonpublic transportation; school bus or 27 limousine services. 28 "Transit vehicle." A self-propelled or electrically 29 propelled vehicle designed for carrying 15 or more passengers, 30 exclusive of the driver, other than a taxicab, designed and used 20070H1590B2179 - 16 -
1 for the transportation of persons for compensation, including, 2 but not limited to, subway cars, trolleys, trackless trolleys 3 and railroad passenger cars. 4 "Transportation company." Any person, firm or corporation 5 rendering public passenger or public passenger and rail 6 transportation service, with or without the rendering of other 7 service, in this Commonwealth pursuant to common carrier 8 authorization from the Pennsylvania Public Utility Commission or 9 the Interstate Commerce Commission. 10 "Urban common carrier mass transportation." Transportation 11 within an area that includes a municipality or other built-up 12 place which is appropriate, in the judgment of the Department of 13 Transportation, for a common carrier transportation system to 14 serve commuters or others in the locality, taking into 15 consideration the local patterns and trends of urban growth, by 16 bus or rail or other conveyance, either publicly or privately 17 owned, serving the general public. The term does not include 18 school buses or charter or sightseeing service. 19 "Urban Mass Transportation Act of 1964." Public Law 88-365, 20 49 U.S.C. § 1601 et seq. 21 "Urbanized area." A portion of this Commonwealth classified 22 as "urbanized" by the United States Bureau of the Census of the 23 United States Department of Commerce in the 1990 Census of 24 Population or any area in this Commonwealth classified as 25 "urbanized" in any future decennial census of the United States. 26 "Vehicle hours." The total amount of time, calculated in 27 hours, during which vehicles of a local transportation 28 organization or transportation company are in service and 29 available for public use, listed with respect to the most recent 30 fiscal year reported in the most recently issued Pennsylvania 20070H1590B2179 - 17 -
1 Mass Transit Statistical Report. 2 "Vehicle maintenance expenses." The categories of costs 3 associated with the inspection, maintenance and repair of 4 vehicles as specified in the National Urban Mass Transportation 5 Statistics, 1989 Section 15 Annual Report, Report No. UMTA-IT- 6 06-0352-90-1. 7 "Vehicle miles." The total distance, calculated in miles, 8 which is funded in whole or in part by this part, traveled by 9 vehicles of a local transportation organization or 10 transportation company listed with respect to the most recent 11 fiscal year reported in the most recently issued Pennsylvania 12 Mass Transit Statistical Report. 13 § 1302. Program authorizations. 14 The department is hereby authorized, within the limitations 15 hereinafter provided, and is required where the provisions of 16 section 1303 (relating to annual appropriation and computation 17 of subsidy) apply: 18 (1) To undertake and to provide financial support for 19 research, by contract or otherwise, concerning urban common 20 carrier mass transportation. 21 (2) To make grants to municipalities, counties, or their 22 instrumentalities, and to agencies and instrumentalities of 23 the Commonwealth to supplement Federal or local or Federal 24 and local funds for use: 25 (i) For the purpose of studies, analysis, planning 26 and development of programs for urban common carrier mass 27 transportation service and facilities, and for the 28 purpose of activities related to the planning, 29 engineering and designing of specific projects which are 30 a part of a comprehensive program, including, but not 20070H1590B2179 - 18 -
1 limited to, activities such as studies related to 2 management, operations, capital requirements and economic 3 feasibility, to the preparation of engineering and 4 architectural surveys, plans and specifications and to 5 other similar or related activities preliminary to and in 6 preparation for the construction, acquisition or improved 7 operation of urban common carrier mass transportation 8 systems, facilities and equipment. State funding under 9 this subparagraph shall not exceed five-sixths of the 10 non-Federal share of the project costs. 11 (ii) To provide for research, development and 12 demonstration projects in all phases of urban common 13 carrier mass transportation, including the development, 14 testing and demonstration of new facilities, equipment, 15 techniques and methods, to assist in the solution of 16 urban transportation problems, in the improvement of mass 17 transportation service and the contribution of such 18 service toward meeting total urban transportation needs 19 at minimum cost. State funding under this subparagraph 20 shall not exceed five-sixths of the non-Federal share of 21 the project costs. 22 (iii) To assist in providing grants to continue 23 necessary service to the public, to permit needed 24 improvements in service which are not self-supporting, to 25 permit service which may be socially desirable but 26 economically unjustified, and otherwise for any purpose 27 in furtherance of urban common carrier mass 28 transportation. The methodology for calculating the 29 amount of the grant under this subparagraph shall be 30 determined in accordance with section 1303. Each grant to 20070H1590B2179 - 19 -
1 a Class 1 transit entity, to a Class 2 transit entity or 2 to a Class 3 transit entity made pursuant to this 3 paragraph shall be matched by local or private funding in 4 an amount not less than one-third of the total State 5 grant made pursuant to section 1303(b). Any grants to 6 Class 3 transit entities may, however, be matched by an 7 amount not less than the amount of local or private 8 funding which is specified in the State contract for the 9 1990-1991 fiscal year if the department shall have 10 received a certification from such Class 3 transit entity 11 that such lower level of local or private funding is 12 adequate to prevent significant service reductions or 13 passenger fare increases. 14 (3) To make grants to any transportation company or 15 companies for use in providing necessary service to the 16 public, to permit needed improvements in services which are 17 not self-supporting, to permit services which may be socially 18 desirable but economically unjustified, and otherwise for any 19 purpose in furtherance of urban common carrier mass 20 transportation. In view of the particular sensitivity of 21 special instrumentalities and agencies of the Commonwealth 22 created to serve or coordinate the local transportation needs 23 of substantial metropolitan areas, no grant moneys may be 24 used exclusively or principally in the local service area of 25 any such agency or instrumentality in which a city or county 26 of the first or second class has membership, except in 27 accordance with a system of priorities agreed upon by the 28 department and such agency or instrumentality. In the case of 29 a grant where the moneys granted will be used for an activity 30 to be conducted exclusively or principally within the local 20070H1590B2179 - 20 -
1 service areas of such agency or instrumentality, no grant 2 moneys may be used except in accordance with agreements by 3 the department and such agency or instrumentality with 4 respect to such use. In the case of a grant not falling 5 within the scope of the preceding sentence but where moneys 6 granted will be used both within and without the local 7 service area of such agency or instrumentality, the grant 8 shall require that the routes, schedules and fares applicable 9 only within such service areas shall be those mutually agreed 10 upon by the department and such agency or instrumentality. No 11 agreement referred to in this paragraph shall impair, 12 suspend, reduce, enlarge or extend or affect in any manner 13 the powers of the Pennsylvania Public Utility Commission or 14 the Interstate Commerce Commission otherwise applicable by 15 law. Each grant to a Class 1 transit entity, to a Class 2 16 transit entity or to a Class 3 transit entity made pursuant 17 to this paragraph shall be matched by local or private 18 funding in an amount not less than one-third of the total 19 State grant made pursuant to section 1303(b). Any grants to 20 Class 3 transit entities may, however, be matched by an 21 amount not less than the amount of local or private funding 22 which is specified in the State contract for the 1990-1991 23 fiscal year if the department shall have received a 24 certification from such Class 3 transit entity that such 25 lower level of local or private funding is adequate to 26 prevent significant service reductions and/or passenger fare 27 increases. 28 (4) In connection with privately or locally assisted 29 capital projects or capital projects financed with private or 30 local and Federal funds, to make grants for approved capital 20070H1590B2179 - 21 -
1 projects to a local transportation organization or a 2 transportation company, including the acquisition, 3 construction, reconstruction and improvement of facilities 4 and equipment, buses and other rolling stock, and other real 5 or personal property, including land (but not public 6 highways), needed for an efficient and coordinated mass 7 transportation system for use, by operation, lease or 8 otherwise, in urban common carrier mass transportation 9 service and in coordinating such service with highway and 10 other transportation. No capital project grant shall be made 11 for the purpose of financing, directly or indirectly, the 12 acquisition of any interest in, or the purchase of any 13 facilities or other property of, a private urban common 14 carrier mass transportation company. Each capital project 15 shall be based on a program or plan approved by the 16 department. No capital project grant shall exceed five-sixths 17 of the non-Federal share, subject, however, to the following 18 specific exceptions: 19 (i) If two or more capital projects are combined for 20 financing purposes, the amount of department funds used 21 for any one of such projects may exceed five-sixths of 22 the non-Federal share, provided that the total amount of 23 department funds provided for all the projects so 24 combined does not exceed five-sixths of the total non- 25 Federal share of all of the projects so combined. 26 (ii) If a capital project is eligible to receive 27 Federal financial assistance under the Urban Mass 28 Transportation Act of 1964 and if the project application 29 for such Federal financial assistance has been rejected 30 or delayed because of a lack of Federal funds or if the 20070H1590B2179 - 22 -
1 normal amount of Federal grant cannot be provided because 2 of a lack of Federal funds and if the department has 3 determined that the capital project is essential and 4 should proceed without delay, department funds for such 5 capital project may be increased temporarily to finance 6 the entire net project cost, with the requirement that, 7 upon the availability of additional Federal funds and the 8 making to the capital project of a new or an additional 9 Federal grant, the amount of department funds in excess 10 of five-sixths of the non-Federal share be refunded to 11 the department or be applied as the department may direct 12 to help meet the department's share of the cost of 13 another project in which the department is a participant. 14 (iii) If a project is ineligible to receive Federal 15 financial assistance under the Urban Mass Transportation 16 Act of 1964 and if the department has determined that the 17 project is essential and should proceed without delay, 18 the amount of department funds for such project shall be 19 limited to an amount not to exceed one-half of the net 20 project cost. 21 (5) To make grants from the State Lottery Fund in 22 accordance with Chapter 7 of the act of August 14, 1991 23 (P.L.342, No.36), known as the Lottery Fund Preservation Act. 24 (6) To participate in a pooled bus acquisition program 25 with transportation companies or local transportation 26 organizations and the Federal Government for the purpose of 27 making buses available to transportation companies or local 28 transportation organizations for use in urban common carrier 29 mass transportation service, in accordance with the following 30 procedures: 20070H1590B2179 - 23 -
1 (i) The department may apply to the Urban Mass 2 Transportation Administration of the United States 3 Department of Transportation for the Federal share of any 4 pooled-bus acquisition project. 5 (ii) The department may, with the assistance of the 6 Department of General Services or a special group 7 comprised of representatives of the transportation 8 companies or local transportation organizations within 9 the Commonwealth, write specifications for and order 10 buses on behalf of any number of transportation companies 11 or local transportation organizations desiring bus 12 acquisition under this program. 13 (iii) Before any order for buses is placed by the 14 department with a manufacturer, the department shall 15 secure written assurance from the Federal Government of 16 the availability of Federal financial assistance for such 17 bus acquisitions. The department shall also secure 18 written obligations by the transportation companies or 19 local transportation organizations participating in such 20 bus acquisitions that they will accept delivery of such 21 buses at the appropriate time and will supply local 22 funding in accordance with subparagraph (iv). 23 (iv) Funding for this program shall be: four-fifths 24 Federal, one-sixth State and one-thirtieth from local 25 sources; however, the local share of program costs may be 26 advanced to the manufacturer by the Commonwealth at the 27 time of purchase. Repayments to the Commonwealth of such 28 advancements shall be considered as augmentations to the 29 fund from which the funds were advanced. No part of the 30 Federal share shall be advanced by the Commonwealth in 20070H1590B2179 - 24 -
1 anticipation of reimbursement. 2 (v) The Commonwealth may take title to and delivery 3 of vehicles acquired pursuant to this program for 4 eventual transfer to transportation companies or local 5 transportation organizations. 6 (vi) All bus acquisitions under this program shall 7 be made in accordance with a system of competitive 8 bidding. 9 (vii) At its discretion, the department may organize 10 and fund, with Commonwealth funds, postacquisition 11 studies reasonably related to any pooled-bus acquisition 12 made pursuant to this section, including, but not limited 13 to, a vehicle inspection study at an appropriate interval 14 or intervals following acquisition in order to monitor 15 the condition of any vehicle purchased pursuant to this 16 section. 17 § 1303. Annual appropriation and computation of subsidy. 18 (a) General rule.--Beginning with the 1991-1992 fiscal year, 19 the Commonwealth shall annually determine the level of 20 appropriation for public transportation assistance, using the 21 standards contained in this section, to sufficiently fund and to 22 make fully operative section 1302(2)(iii) and (3) (relating to 23 program authorizations). 24 (b) Distribution as grants.--The General Assembly shall 25 annually make an appropriation to the department for 26 distribution as grants to local transportation organizations and 27 transportation companies. The total amount of moneys 28 appropriated shall be distributed by the department as grants to 29 local transportation organizations and transportation companies 30 in accordance with the provisions of this section. 20070H1590B2179 - 25 -
1 (c) Distribution formula.--The department shall distribute 2 the total amount appropriated under subsection (b) in the 3 following manner: 4 (1) The department shall calculate the Class 4 transit 5 entity share for the fiscal year. 6 (2) The department shall then calculate the amount of 7 grant due to each Class 4 transit entity as follows: 8 (i) From the Class 4 transit entity share, each 9 Class 4 transit entity shall first receive an amount 10 equal to 100% of its Class 4 transit entity adjusted base 11 grant. 12 (ii) With respect to any portion of the Class 4 13 transit entity share remaining after each Class 4 transit 14 entity receives an amount equal to 100% of its Class 4 15 transit entity adjusted base grant: 16 (A) Fifty percent of such excess shall be 17 distributed to Class 4 transit entities based upon 18 the percentage of the total amount of all Class 4 19 transit entity adjusted base grants given to Class 4 20 transit entities which a particular Class 4 transit 21 entity received. 22 (B) Twenty-five percent of such excess shall be 23 distributed to Class 4 transit entities based upon 24 each transit entity's Class 4 revenue mile 25 percentage. The actual amount received by each Class 26 4 transit entity under this clause shall be 27 determined by multiplying a particular Class 4 28 transit entity's Class 4 revenue mile percentage 29 times 25% of such excess of the Class 4 transit 30 entity share. 20070H1590B2179 - 26 -
1 (C) Twenty-five percent of such excess shall be 2 distributed to Class 4 transit entities based upon 3 each transit entity's Class 4 revenue hour 4 percentage. The actual amount received by each Class 5 4 transit entity under this clause shall be 6 determined by multiplying a particular Class 4 7 transit entity's Class 4 revenue hour percentage 8 times 25% of such excess of the Class 4 transit 9 entity share. 10 (3) All Class 4 transit entities may utilize all of the 11 funds received pursuant to this section for any purpose in 12 furtherance of public transportation. Each grant made to a 13 Class 4 transit entity pursuant to this section shall, 14 however, be matched by local or private funding in an amount 15 not less than one-third of the total State grant made 16 pursuant to subsection (c). Additionally, any grants to Class 17 4 transit entities may be matched by an amount not less than 18 the amount of local or private funding which is specified in 19 the State contract for the 1990-1991 fiscal year if the 20 department shall have received a certification from such 21 Class 4 transit entity that such lower level of local or 22 private funding is adequate to prevent significant service 23 reductions or passenger fare increases. 24 (4) The department shall calculate the Class 1 transit 25 entity share, the Class 2 transit entity share and the Class 26 3 transit entity share for the fiscal year. 27 (5) The department shall then calculate the amount of 28 grant due to each local transportation organization and 29 transportation company as follows: 30 (i) Each Class 1 transit entity shall receive a 20070H1590B2179 - 27 -
1 prorata share of the Class 1 transit entity share. If 2 there is only one Class 1 transit entity, it shall 3 receive the entire Class 1 transit entity share. 4 (ii) Each Class 2 transit entity shall receive a 5 prorata share of the Class 2 transit entity share. If 6 there is only one Class 2 transit entity, it shall 7 receive the entire Class 2 transit entity share. 8 (iii) Each Class 3 transit entity shall receive a 9 portion of the Class 3 transit entity share calculated as 10 follows: 11 (A) From the Class 3 transit entity share, each 12 Class 3 transit entity shall first receive an amount 13 equal to 100% of its Class 3 transit entity adjusted 14 base grant. 15 (B) With respect to any portion of the Class 3 16 transit entity share remaining after each Class 3 17 transit entity receives an amount equal to 100% of 18 its Class 3 transit entity adjusted base grant: 19 (I) Fifty percent of such excess shall be 20 distributed to Class 3 transit entities based 21 upon the percentage of all Class 3 transit entity 22 adjusted base grants given to Class 3 transit 23 entities which a particular Class 3 transit 24 entity received. 25 (II) Twenty-five percent of such excess 26 shall be distributed to Class 3 transit entities 27 based upon each transit entity's Class 3 vehicle 28 mile percentage. The actual amount received by 29 each Class 3 transit entity under this subclause 30 shall be determined by multiplying a particular 20070H1590B2179 - 28 -
1 Class 3 transit entity's Class 3 vehicle mile 2 percentage times 25% of such excess of the Class 3 3 transit entity share. 4 (III) Twenty-five percent of such excess 5 shall be distributed to Class 3 transit entities 6 based upon each Class 3 transit entity's Class 3 7 operating revenue percentage. The actual amount 8 received by each Class 3 transit entity under 9 this subclause shall be determined by multiplying 10 a particular Class 3 transit entity's Class 3 11 operating revenue percentage times 25% of such 12 excess of the Class 3 transit entity share. 13 (6) On or about each July 1, October 1, January 1 and 14 April 1 of each year commencing July 1, 1987, the department 15 shall disburse 25% of the total annual amount due to each 16 local transportation organization or transportation company 17 calculated in accordance with this section. 18 (d) New organizations.--Should a new local transportation 19 organization or transportation company be established and meet 20 the criteria of a Class 1 transit entity, Class 2 transit 21 entity, Class 3 transit entity or Class 4 transit entity as such 22 criteria are set forth in section 1301 (relating to 23 definitions), the department shall make an appropriate 24 determination as to the level of grant to which such local 25 transportation organization or transportation company shall be 26 entitled. This determination shall include, but shall not be 27 limited to, a determination as to an appropriate adjusted base 28 grant for that local transportation organization or 29 transportation company and a determination of appropriate 30 adjustments to class percentages or transit entity shares. 20070H1590B2179 - 29 -
1 (e) Change to different entity class.--If, during any fiscal 2 year, either the number of vehicles operated by a local 3 transportation organization or transportation company or the 4 area served by such a local transportation organization or 5 transportation company changes so that the local transportation 6 organization or transportation company meets the criteria for a 7 different transit entity class, as such criteria are set forth 8 in section 1301, on or before July 15 of the fiscal year which 9 follows such a change and in each fiscal year thereafter, the 10 department shall reflect any change in the transit entity class 11 of such a local transportation organization or transportation 12 company in its calculation of the transit entity shares for each 13 transit entity class for that and subsequent fiscal years. In 14 its calculation of the transit entity shares for each transit 15 entity class required by this section, for the fiscal year 16 following the change in a local transportation organization or 17 transportation company's transit entity class and thereafter, 18 the department shall include the amount of the transit entity 19 share allocated to such a local transportation organization or 20 transportation company for the fiscal year prior to the change 21 in the transit entity class, in the transit entity share for the 22 new transit entity class of such a local transportation 23 organization or transportation company, and shall delete an 24 equal amount from the transit entity share for the transit 25 entity class for which such a local transportation organization 26 or transportation company no longer meets the criteria in the 27 new fiscal year or thereafter. 28 (f) Rates, fares and charges.-- 29 (1) Each local transportation organization or 30 transportation company receiving moneys pursuant to this 20070H1590B2179 - 30 -
1 section shall annually fix such rates, fares and charges in 2 such manner that they shall be at all times sufficient in the 3 aggregate, and in conjunction with any moneys received from 4 Federal or other sources, and any other income available to 5 such organization or company, to provide funds for the 6 payment of all operating costs and expenses which shall be 7 incurred by such organization or company. 8 (2) In order to be eligible for the moneys described in 9 paragraph (1), each local transportation organization or 10 transportation company shall adopt an annual operating budget 11 for each fiscal year no later than the last day of the 12 preceding fiscal year. A copy of this operating budget shall 13 be submitted to the department within ten days after its 14 approval, along with a certification by the local 15 transportation organization or transportation company that 16 adequate revenues (including subsidies) are provided to 17 support operating costs and expenses. 18 (g) Standards and measures.-- 19 (1) Within one year after the effective date of this 20 part and every year thereafter, each local transportation 21 organization or transportation company receiving moneys 22 pursuant to this section shall adopt a series of service 23 standards and performance evaluation measures. Such standards 24 and measures shall be in addition to the performance audits 25 required by section 1315 (relating to public transportation 26 grants management accountability) and shall consist of 27 objectives and specific numeric performance levels to be 28 achieved in meeting these standards and objectives. Those 29 standards and measures adopted shall include the following, 30 in addition to others deemed appropriate by the local 20070H1590B2179 - 31 -
1 transportation organization or transportation company: 2 (i) An automatic mechanism to review the utilization 3 of routes. 4 (ii) Staffing ratios (ratio of administrative 5 employees to operating employees; number of vehicles per 6 mechanic). 7 (iii) Productivity measures (vehicle miles per 8 employee; passenger and employee accidents per 100,000 9 vehicle miles; on-time performance; miles between road 10 calls). 11 (iv) Fiscal indicators (operating cost per 12 passenger; subsidy per passenger and operating ratio). 13 (iv.1) Reasonable minimum prequalification standards 14 for prospective transit service subcontractors. 15 (v) Any other matter desired by the governing body 16 of such local transportation organization or 17 transportation company. 18 (2) The service standards and performance evaluation 19 measures shall be established by formal action of the 20 governing body of such local transportation organization or 21 transportation company following an opportunity for comment 22 by the public and the department. Upon submission, the 23 department will review and may make recommendations to the 24 local transportation organization or transportation company 25 concerning the service standards and performance evaluation 26 measures. 27 (3) In the discretion of such governing body, the 28 service standards and performance evaluation measures may be 29 systemwide or based on a sampling. 30 (4) The service standards and performance evaluation 20070H1590B2179 - 32 -
1 measures shall only constitute goals for such local 2 transportation organization or transportation company in 3 providing service in the year following their adoption. At 4 the end of such year, fiscal or calendar, as the case may be, 5 a report shall be transmitted to the department for its 6 consideration indicating the projected performance levels and 7 the performance levels actually achieved. Upon submission, 8 the department will review the report and may make 9 recommendations to such local transportation organization or 10 transportation company concerning the performance levels 11 actually achieved. Such report shall be released to the 12 public at the time of issuance. 13 (5) The department may suspend the eligibility for 14 future discretionary transit grant funds of any transit 15 entity which fails to comply with the provisions of this 16 section. The department shall restore the discretionary 17 funding eligibility of a suspended transit entity at such 18 time as the requirements of this section are met in an 19 amended application received by the department. 20 (h) Reduction of certain grants.--With respect to grants to 21 Class 1 transit entities and Class 2 transit entities in any 22 fiscal year, the department shall reduce the grant amount due to 23 such local transportation organization or transportation company 24 by an amount equal to 1% of such grant moneys otherwise due to 25 such local transportation organization or transportation company 26 for each percentage point such local transportation 27 organization's or transportation company's operating ratio is 28 less than 50% in the case of a Class 1 transit entity or less 29 than 46% in the case of a Class 2 transit entity. 30 (i) Audits.--The department is authorized to perform 20070H1590B2179 - 33 -
1 independent financial audits of the financial statements of each 2 local transportation organization or transportation company 3 receiving moneys pursuant to this section. Such audits shall be 4 conducted in accordance with generally accepted auditing 5 standards. Any financial statements subject to such audit or 6 reports resulting from such audit shall be prepared and 7 presented in accordance with generally accepted accounting 8 principles, consistently applied with previous statements 9 rendered for or on behalf of such organization or company. The 10 department may coordinate such audits in conjunction with audits 11 undertaken by the Auditor General. 12 (j) Definitions.--As used in this section, the following 13 words and phrases shall have the meanings given to them in this 14 subsection: 15 "Class 1 percentage." Seventy percent. 16 "Class 2 percentage." Twenty-five and three-tenths percent. 17 "Class 3 percentage." Four and seven-tenths percent. 18 "Class 1 to 3 allocation." The total amount appropriated 19 under subsection (b) less the Class 4 transit entity share. 20 "Class 1 transit entity share." The product of the Class 1 21 percentage times the Class 1 to 3 allocation in a particular 22 fiscal year. 23 "Class 2 transit entity share." The product of the Class 2 24 percentage times the Class 1 to 3 allocation in a particular 25 fiscal year. 26 "Class 3 transit entity adjusted base grant." The State 27 subsidy which a Class 3 transit entity received during the 1990- 28 1991 fiscal year, including Federal funds transferred from other 29 local transportation organizations and transportation companies 30 from the Federal fiscal year 1989-1990 pursuant to the 20070H1590B2179 - 34 -
1 Governor's apportionment allocation contained in the Urban Mass 2 Transportation Act of 1964. 3 "Class 3 transit entity share." The product of the Class 3 4 percentage times the Class 1 to 3 allocation in a particular 5 fiscal year. 6 "Class 3 vehicle mile percentage." The percentage determined 7 by dividing the vehicle miles of a Class 3 transit entity with 8 respect to the most recent fiscal year as reported in the most 9 recently issued Pennsylvania Mass Transit Statistical Report by 10 the total number of vehicle miles of all Class 3 transit 11 entities with respect to the most recent fiscal year as reported 12 in the most recently issued Pennsylvania Mass Transit 13 Statistical Report. 14 "Class 4 revenue hour percentage." The percentage determined 15 by dividing the revenue hours of a Class 4 transit entity as 16 reported with respect to the most recent fiscal year in the most 17 recently issued Pennsylvania Rural and Small Urban Public 18 Transportation Statistical Report by the total number of revenue 19 hours of all Class 4 transit entities as reported with respect 20 to the most recent fiscal year reported in the most recently 21 issued Pennsylvania Rural and Small Urban Public Transportation 22 Statistical Report. 23 "Class 4 revenue mile percentage." The percentage determined 24 by dividing the revenue miles of a Class 4 transit entity as 25 reported with respect to the most recent fiscal year in the most 26 recently issued Pennsylvania Rural and Small Urban Public 27 Transportation Statistical Report by the total revenue miles of 28 all Class 4 transit entities as reported with respect to the 29 most recent fiscal year reported in the most recently issued 30 Pennsylvania Rural and Small Urban Public Transportation 20070H1590B2179 - 35 -
1 Statistical Report. 2 "Class 4 transit entity share." Two million three hundred 3 thirty-five thousand dollars for the 1991-1992 fiscal year and, 4 during the 1992-1993 fiscal year and each fiscal year 5 thereafter, shall mean the Class 4 transit entity share for the 6 prior fiscal year plus (or minus) the product of the Class 4 7 transit entity share for the prior fiscal year times the 8 percentage increase or decrease in the total operating 9 assistance made available to local transportation organizations 10 and transportation companies for that fiscal year as compared 11 with the most recently completed fiscal year. 12 "Operating ratio." The proportion of total operating revenue 13 (which shall include all passenger, charter and advertising 14 revenue, fare reimbursement received from the State Lottery Fund 15 and all other receipts associated with the delivery of transit 16 services, but shall exclude Federal grants provided to cover 17 operating losses and State grants made pursuant to subsection 18 (b)) divided by total operating expenses associated with day-to- 19 day operation of the system (but excluding depreciation of 20 capital assets). 21 "Operating revenue." The total revenue earned by a local 22 transportation organization or transportation company through 23 its transit operations, including, but not limited to, passenger 24 revenue, senior citizen grant, charter revenue, school contract 25 revenue, advertising and other revenue listed with respect to 26 the most recent fiscal year reported in the most recently issued 27 Pennsylvania Mass Transit Statistical Report. 28 "Operating revenue percentage." The percentage determined by 29 dividing the operating revenues of a local transportation 30 organization or transportation company as reported in the most 20070H1590B2179 - 36 -
1 recently issued Pennsylvania Mass Transit Statistical Report by 2 the total operating revenue of all local transportation 3 organizations or transportation companies as reported in the 4 most recently issued Pennsylvania Mass Transit Statistical 5 Report. 6 § 1304. Grant proposals. 7 (a) General rule.--Grants may be made hereunder with 8 reference to any appropriate project irrespective of when it was 9 first commenced or considered and regardless of whether costs 10 with respect thereto shall have been incurred prior to the time 11 the grant is applied for or made. 12 (b) Applications.--The governing bodies of municipalities, 13 counties or their instrumentalities, and agencies and 14 instrumentalities of the Commonwealth may, by formal resolution, 15 apply and transportation companies by application may apply to 16 the department for State grant funds provided by this chapter. 17 If the action is taken by a governing body, a certified copy of 18 the resolution and, in the case of transportation companies, an 19 application shall be forwarded to the department with a proposal 20 of the governing body or company, which shall set forth the use 21 to be made of State grant funds and the amount of funds required 22 or, in the case of grants under section 1303 (relating to annual 23 appropriation and computation of subsidy), which shall set forth 24 a request that the grant provided for under section 1303 be 25 made. 26 (c) Preference for coordinated systems.--The department 27 shall give preference to any proposal which will assist in 28 carrying out a plan, meeting criteria established by the 29 department, for a unified or officially coordinated urban 30 transportation system as a part of the comprehensively planned 20070H1590B2179 - 37 -
1 development of the urban area, which is necessary for the sound, 2 economic and desirable development of such area and which shall 3 encourage to the maximum extent feasible the participation of 4 private enterprise. This subsection shall not apply to grants 5 made pursuant to section 1303. 6 (d) Use of grants.--The use of the State grant funds shall 7 be for the purposes set forth in section 1302 (relating to 8 program authorizations) and, without limiting the generality of 9 the foregoing, may be used for local contributions required by 10 the Urban Mass Transportation Act of 1964 or other Federal law 11 concerning common carrier mass transportation. 12 (e) Grant agreement.-- 13 (1) The department shall review the proposal and, if 14 satisfied that the proposal is in accordance with the 15 purposes of this chapter, shall enter into a grant agreement 16 subject to the condition that the grant be used in accordance 17 with the terms of the proposal. With respect to grants made 18 pursuant to section 1303, the department shall make such 19 grants subject to the condition that the grants be used for 20 the purposes set forth in section 1302 and, where applicable, 21 only after the certification required in section 1302(2)(iii) 22 and (3) shall have been made. 23 (2) The time of payment of the grant and any conditions 24 concerning such payment shall be set forth in the grant 25 agreement. 26 § 1305. Rules and regulations. 27 In order to effectuate and enforce the provisions of this 28 chapter, the department is authorized to promulgate necessary 29 rules and regulations and prescribe conditions and procedures in 30 order to assure compliance in carrying out the purposes for 20070H1590B2179 - 38 -
1 which grants may be made hereunder. 2 § 1306. Cooperation with other governments and private 3 interests. 4 (a) General rule.--The department is directed to administer 5 this program with such flexibility as to permit full cooperation 6 between Federal, State and local governments, agencies and 7 instrumentalities, as well as private interests, so as to result 8 in as effective and economical a program as possible. 9 (b) Agreements.--The department is hereby authorized to 10 enter into agreements providing for mutual cooperation between 11 or among it and any Federal agency, local transportation 12 organization or transportation company concerning any or all 13 projects, including joint applications for Federal grants. 14 § 1307. General authority of department. 15 It is the purpose and intent of this chapter to authorize the 16 department to do any and all other things necessary or desirable 17 to secure the financial aid or cooperation of any Federal agency 18 in any of the department's projects and to do and perform all 19 things which may be required by any statute of the United States 20 of America or by the lawful requirements of any Federal agency 21 authorized to administer any program of Federal aid to 22 transportation. The department is expressly permitted to enter 23 into protective agreements with labor to the extent required 24 under 49 U.S.C. § 5333 (relating to labor standards) in order to 25 obtain Federal grant moneys for transportation assistance. Such 26 protective agreements shall be narrowly drawn and strictly 27 construed to provide no more than the minimum protections 28 required by the United States Department of Labor for such 29 agreements. 30 § 1308. Grants by counties or municipalities. 20070H1590B2179 - 39 -
1 Any county or municipality in any metropolitan area which is 2 a member of a local transportation organization is authorized to 3 make annual grants from current revenues to local transportation 4 organizations to assist in defraying the costs of operations, 5 maintenance and debt service of local transportation 6 organization or of a particular mass transportation project of a 7 local transportation organization and to enter into long-term 8 agreements providing for the payment of the same. The obligation 9 of a municipality or county under any such agreement shall not 10 be considered to be a part of its indebtedness, nor shall such 11 obligation be deemed to impair the status of any indebtedness of 12 such municipality or county which would otherwise be considered 13 as self-sustaining. 14 § 1309. Limitation on decisions, findings and regulations of 15 department. 16 All decisions, findings and regulations made by the 17 department pursuant to this chapter shall be for the purposes of 18 this chapter only and shall not constitute evidence before any 19 regulatory body of this Commonwealth or any other jurisdiction. 20 § 1310. Distribution of funding. 21 (a) General rule.--All moneys made available and required to 22 be used for capital projects, asset maintenance and other 23 programs specified in this section shall be distributed in 24 accordance with the formula specified in this section and used 25 strictly in accordance with section 1311 (relating to use of 26 funds distributed). 27 (b) Distribution procedure.--During each fiscal year, 28 capital project, asset maintenance and other program funds shall 29 be distributed as follows: 30 (1) On or before the fifth day of each month, the 20070H1590B2179 - 40 -
1 Treasury Department shall certify to the department the total 2 amount then available for distribution, and the department 3 shall make distribution of payments required under this 4 subsection on or before the 20th day of each month. 5 (2) Beginning in the 1991-1992 fiscal year, each month, 6 the Treasury Department shall pay one-twelfth of the 7 Department of Transportation project management oversight 8 share for that fiscal year into the General Fund. The moneys 9 so transferred are hereby appropriated to the Department of 10 Transportation for use by that department for expenses 11 related to project management and oversight of capital and 12 asset maintenance projects funded pursuant to this section. 13 (3) Each month, the Treasury Department shall pay one- 14 twelfth of the community transportation program section 1310 15 share for that fiscal year into the General Fund. The funds 16 so transferred are hereby appropriated to the Department of 17 Transportation to make grants to counties, pursuant to 18 section 1312 (relating to community transportation programs), 19 for the purpose of funding capital projects of community 20 transportation programs. 21 (4) Each month, the Treasury Department shall pay the 22 planning, development, research, rural expansion and 23 department-initiated programs section 1310 share for that 24 month into the General Fund. The funds so transferred are 25 hereby appropriated to the Department of Transportation to 26 incur costs directly or to make grants to local 27 transportation organizations or transportation companies, or 28 entities which seek to become local transportation 29 organizations or transportation companies, pursuant to 30 section 1312, for the purpose of funding planning, 20070H1590B2179 - 41 -
1 development, research, rural expansion and department- 2 initiated programs. 3 (5) Each month, the department shall distribute one- 4 twelfth of the Class 4 transit entity section 1310 share to 5 Class 4 transit entities in the manner provided in this 6 paragraph. Each Class 4 transit entity shall receive a 7 portion of each monthly distribution of the Class 4 transit 8 entity section 1310 share as follows: 9 (i) Fifty percent of the monthly distribution of the 10 Class 4 transit entity section 1310 share shall be 11 distributed to Class 4 transit entities based upon each 12 transit entity's Class 4 operating assistance grant 13 section 1310 percentage. The actual amount received by 14 each Class 4 transit entity under this subparagraph shall 15 be determined by multiplying a particular Class 4 transit 16 entity's Class 4 operating assistance grant section 1310 17 percentage times the total amount available for 18 distribution under this subparagraph. 19 (ii) Twenty-five percent of the monthly distribution 20 of the Class 4 transit entity section 1310 share shall be 21 distributed to Class 4 transit entities based upon each 22 transit entity's Class 4 revenue mile section 1310 23 percentage. The actual amount received by each Class 4 24 transit entity under this subparagraph shall be 25 determined by multiplying a particular Class 4 transit 26 entity's Class 4 revenue mile section 1310 percentage 27 times the total amount available for distribution under 28 this subparagraph. 29 (iii) Twenty-five percent of the monthly 30 distribution of the Class 4 transit entity section 1310 20070H1590B2179 - 42 -
1 share shall be distributed to Class 4 transit entities 2 based upon each transit entity's Class 4 revenue hour 3 section 1310 percentage. The actual amount received by 4 each Class 4 transit entity under this subparagraph shall 5 be determined by multiplying a particular Class 4 transit 6 entity's Class 4 transit entity revenue hour section 1310 7 percentage times the total amount available for 8 distribution under this subparagraph. 9 (6) Each month, after providing for payment of the 10 portion of the Department of Transportation project 11 management oversight share, the community transportation 12 program section 1310 share, the planning, development, 13 research, rural expansion and department-initiated programs 14 section 1310 shares and the Class 4 transit entity section 15 1310 share to be distributed that month, the department shall 16 distribute all remaining capital project, asset maintenance 17 and other program funds as follows: 18 (i) Each Class 1 transit entity shall receive a 19 prorata share of the Class 1 transit entity section 1310 20 share. If there is only one Class 1 transit entity, it 21 shall receive the entire Class 1 transit entity section 22 1310 share. 23 (ii) Each Class 2 transit entity shall receive a 24 prorata share of the Class 2 transit entity section 1310 25 share. If there is only one Class 2 transit entity, it 26 shall receive the entire Class 2 transit entity section 27 1310 share. 28 (iii) Each Class 3 transit entity shall receive a 29 portion of the Class 3 transit entity section 1310 share 30 as follows: 20070H1590B2179 - 43 -
1 (A) Sixteen and sixty-seven hundredths percent 2 of the Class 3 transit entity section 1310 share 3 shall be distributed to Class 3 transit entities 4 based upon each transit entity's Class 3 vehicle mile 5 section 1310 percentage. The actual amount received 6 by each Class 3 transit entity under this clause 7 shall be determined by multiplying a particular Class 8 3 transit entity's Class 3 vehicle mile section 1310 9 percentage times the total amount available for 10 distribution under this clause. 11 (B) Sixteen and sixty-seven hundredths percent 12 of the Class 3 transit entity section 1310 share 13 shall be distributed to Class 3 transit entities 14 based upon each transit entity's Class 3 vehicle hour 15 section 1310 percentage. The actual amount received 16 by each Class 3 transit entity under this clause 17 shall be determined by multiplying a particular Class 18 3 transit entity's Class 3 vehicle hour section 1310 19 percentage times the total amount available for 20 distribution under this clause. 21 (C) Sixteen and sixty-six hundredths percent of 22 the Class 3 transit entity section 1310 share shall 23 be distributed to Class 3 transit entities based upon 24 each transit entity's Class 3 total passenger section 25 1310 percentage. The actual amount received by each 26 Class 3 transit entity under this clause shall be 27 determined by multiplying a particular Class 3 28 transit entity's Class 3 total passenger section 1310 29 percentage times the total amount available for 30 distribution under this clause. 20070H1590B2179 - 44 -
1 (D) Twenty-five percent of the Class 3 transit 2 entity section 1310 share shall be distributed to 3 Class 3 transit entities based upon each transit 4 entity's Class 3 Federal operating cap percentage. 5 The actual amount received by each Class 3 transit 6 entity under this clause shall be determined by 7 multiplying a particular Class 3 transit entity's 8 Class 3 Federal operating cap percentage times the 9 total amount available for distribution under this 10 clause. 11 (E) Twenty-five percent of the Class 3 transit 12 entity section 1310 share shall be distributed to 13 Class 3 transit entities based upon each transit 14 entity's Class 3 State operating grant percentage. 15 The actual amount received by each Class 3 transit 16 entity under this clause shall be determined by 17 multiplying a particular Class 3 transit entity's 18 Class 3 State operating grant percentage times the 19 total amount available for distribution under this 20 clause. 21 (c) Change of classification.--If, during any fiscal year, 22 either the number of vehicles operated by a local transportation 23 organization or transportation company or the area served by 24 such a local transportation organization or transportation 25 company changes so that the local transportation organization or 26 transportation company meets the criteria for a different 27 transit entity class, as such criteria are set forth in section 28 1301 (relating to definitions), on or before July 15 of the 29 fiscal year which follows such a change and in each fiscal year 30 thereafter, the department shall reflect any change in the 20070H1590B2179 - 45 -
1 transit entity class of such a local transportation organization 2 or transportation company in the Department of Transportation 3 certification for that and subsequent fiscal years. In its 4 calculation of the transit entity section 1310 shares for each 5 transit entity class required by subsection (g)(1) and the 6 transit entity section 1310.1 shares for each transit entity 7 class required by subsection (g)(1) for the fiscal year 8 following the change in a local transportation organization or 9 transportation company's transit entity class and thereafter, 10 the department shall include the amount of the transit entity 11 sections 1310 and 1310.1 shares allocated to such a local 12 transportation organization or transportation company for the 13 fiscal year prior to the change in the transit entity class, in 14 the transit entity sections 1310 and 1310.1 shares for the new 15 transit entity class of such a local transportation organization 16 or transportation company, and shall delete an equal amount from 17 the transit entity sections 1310 and 1310.1 shares for the 18 transit entity class for which such a local transportation 19 organization or transportation company no longer meets the 20 criteria in the new fiscal year. No local transportation 21 organization or transportation company which has changed from 22 one transit entity class to another due to either an increase in 23 the number of vehicles operated or the United States Census 24 Bureau's declaring its service area an urbanized area shall 25 receive less than the amount transferred on its account by the 26 department pursuant to this section. 27 (d) Oversight.--The department shall initiate and maintain a 28 program of review and oversight for any projects receiving funds 29 distributed pursuant to this section and section 1310.1 30 (relating to supplemental public transportation assistance 20070H1590B2179 - 46 -
1 funding). The department is authorized to perform independent 2 financial audits of the financial statements of each local 3 transportation organization, transportation company or community 4 transportation program receiving moneys pursuant to this 5 section. These audits shall be conducted in accordance with 6 generally accepted auditing standards. Any financial statements 7 subject to the audit or reports resulting from the audit shall 8 be prepared and presented in accordance with generally accepted 9 accounting principles, consistently applied with previous 10 statements rendered for or on behalf of such organization or 11 company. The department may coordinate such audits in 12 conjunction with audits undertaken by the Auditor General. 13 (e) Fiscal year and capital budget.-- 14 (1) The governing body of each local transportation 15 organization or transportation company shall establish a 16 fiscal year for capital programs. No later than the last day 17 of each fiscal year for capital programs, each local 18 transportation organization or transportation company 19 receiving moneys pursuant to this section shall adopt a 20 capital budget and an asset maintenance spending plan for 21 submission to the department. 22 (2) The capital budget shall include the following: 23 (i) A description of any such project. 24 (ii) The projected cost of any project to be 25 undertaken, including supporting cash flow. 26 (iii) The duration of any such project, including 27 the projected starting date, completion date and 28 projected useful life of the project. 29 (iv) The proposed funding sources for any project. 30 (v) A description of projects completed in the prior 20070H1590B2179 - 47 -
1 fiscal year and their impact on operations. 2 (vi) A description of progress to date on projects 3 initiated in the prior fiscal year but not yet completed. 4 (vii) An explanation of any significant project 5 delays. 6 (viii) The use of funds under this section in the 7 prior fiscal year, including projects for which they were 8 used. 9 (ix) A multiyear plan for future use of funds 10 received under this section for a period of not less than 11 five years. 12 (x) Any other matter desired by the governing body 13 of such local transportation organization or 14 transportation company. 15 (3) The asset maintenance spending plan shall include: 16 (i) The amount of moneys expended for asset 17 maintenance costs. 18 (ii) The purposes for which such funds were 19 expended. 20 (iii) Those asset maintenance costs which are 21 projected to be funded during the subsequent twelve 22 months by the local transportation organization or 23 transportation company. 24 (iv) A multiyear plan for future use of funds 25 received under this section for a period of not less than 26 five years. 27 (4) The capital budget and the asset maintenance 28 spending plan shall be established by formal action of the 29 governing body of such local transportation organization or 30 transportation company following an opportunity for comment 20070H1590B2179 - 48 -
1 by the public and the department. Upon submission, the 2 department will review and may make recommendations to the 3 local transportation organization or transportation company 4 concerning the capital budget and asset maintenance spending 5 plan. 6 (5) The capital budget and the asset maintenance 7 spending plan may be amended by formal action of the 8 governing body of such local transportation organization or 9 transportation company from time to time. Any amendments to 10 the capital budget and the asset maintenance spending plan 11 shall be transmitted to the department for its review, and 12 the department may make recommendations to the local 13 transportation organization or transportation company 14 concerning any amendments to the capital budget and the asset 15 maintenance spending plan. 16 (f) Definitions.--As used in this section, the following 17 words and phrases shall have the meanings given to them in this 18 subsection: 19 "Capital project, asset maintenance and other program funds." 20 Moneys made available to finance capital projects and asset 21 maintenance costs of local transportation organizations, 22 transportation companies or community transportation programs or 23 to fund other programs specified in this section from: 24 (1) any fund of the Commonwealth where the legislation 25 creating such fund references this part and states that some 26 or all of the moneys in such fund are to be used to finance 27 capital projects and asset maintenance costs of local 28 transportation organizations, transportation companies or 29 community transportation programs and to fund certain other 30 programs; or 20070H1590B2179 - 49 -
1 (2) any other source, where such moneys are made 2 available specifically to finance capital projects and asset 3 maintenance costs of local transportation organizations, 4 transportation companies or community transportation programs 5 in accordance with this section. 6 "Class 1 section 1310 percentage." Seventy and three-tenths 7 percent. 8 "Class 2 section 1310 percentage." Twenty-five and four- 9 tenths percent. 10 "Class 3 section 1310 percentage." Four and three-tenths 11 percent. 12 "Class 1 to 3 section 1310 allocation." The total amount of 13 capital project, asset maintenance and other program funds 14 available for distribution by the Treasury Department during a 15 particular month, less: 16 (1) the amount of the Department of Transportation 17 project management oversight share to be paid each month 18 under subsection (b)(2); 19 (2) the amount of the community transportation program 20 section 1310 share to be paid each month under subsection 21 (b)(3); 22 (3) the amount of the planning, development, research, 23 rural expansion and department-initiated programs section 24 1310 share; and 25 (4) the amount of the Class 4 transit entity section 26 1310 share to be paid each month under subsection (b)(5). 27 "Class 1 transit entity section 1310 share." The product of 28 the Class 1 section 1310 percentage times the Class 1 to 3 29 section 1310 allocation. 30 "Class 2 transit entity section 1310 share." The product of 20070H1590B2179 - 50 -
1 the Class 2 section 1310 percentage times the monthly Class 1 to 2 3 allocation. 3 "Class 3 transit entity section 1310 share." The product of 4 the Class 3 section 1310 percentage times the monthly Class 1 to 5 3 allocation. 6 "Class 4 transit entity section 1310 share." Four million 7 dollars during the 1991-1992 fiscal year and $4,160,000 during 8 the 1992-1993 fiscal year. During the 1993-1994 through 1996- 9 1997 fiscal years, the term shall mean the Class 4 transit 10 entity section 1310 share for the prior fiscal year plus (or 11 minus) the product of the Class 4 transit entity section 1310 12 share for the prior fiscal year times the percentage increase or 13 decrease in the total funds available for distribution pursuant 14 to this section received by the Treasury Department in the most 15 recently completed fiscal year as compared with the prior fiscal 16 year. For the 1997-1998 fiscal year and each fiscal year 17 thereafter, the term shall mean 2.8% of the total amount of 18 capital project, asset maintenance and other program funds 19 projected by the department to be available under this section 20 for distribution during the subject fiscal year. 21 "Class 3 Federal operating cap percentage." The percentage 22 determined by dividing the Federal operating ceiling for a Class 23 3 transit entity by the total Federal operating ceilings for all 24 Class 3 transit entities. 25 "Class 3 State operating grant percentage." The percentage 26 determined by dividing the State subsidy received pursuant to 27 section 1303 (relating to annual appropriation and computation 28 of subsidy) during fiscal year 1990-1991 by a Class 3 transit 29 entity as stated in the latest Department of Transportation 30 certification by the total State subsidies received pursuant to 20070H1590B2179 - 51 -
1 section 1303 during fiscal year 1990-1991 by all Class 3 transit 2 entities as stated in the latest Department of Transportation 3 certification. For purposes of calculating the amount received 4 by a Class 3 transit entity pursuant to section 1303, any 5 Federal funds transferred from other local transportation 6 organizations and transportation companies from the Federal 7 fiscal year 1990-1991 Governor's apportionment allocation, 8 contained in the Urban Mass Transportation Act of 1964, shall be 9 considered to be amounts received pursuant to section 1303. 10 "Class 3 total passenger section 1310 percentage." The 11 percentage determined by dividing the total passengers 12 transported by a Class 3 transit entity as stated in the latest 13 Department of Transportation certification by the total number 14 of passengers transported by all Class 3 transit entities as 15 stated in the latest Department of Transportation certification. 16 "Class 3 vehicle hour section 1310 percentage." The 17 percentage determined by dividing the vehicle hours of a Class 3 18 transit entity as stated in the latest Department of 19 Transportation certification by the total number of vehicle 20 hours of all Class 3 transit entities as stated in the latest 21 Department of Transportation certification. 22 "Class 3 vehicle mile section 1310 percentage." The 23 percentage determined by dividing the vehicle miles of a Class 3 24 transit entity as stated in the latest Department of 25 Transportation certification by the total number of vehicle 26 miles of all Class 3 transit entities as stated in the latest 27 Department of Transportation certification. 28 "Class 4 operating assistance grant section 1310 percentage." 29 The percentage determined by dividing the Class 4 transit entity 30 adjusted base grant received by a Class 4 transit entity by the 20070H1590B2179 - 52 -
1 total Class 4 transit entity adjusted base grants received 2 pursuant to such act by all Class 4 transit entities during 3 fiscal year 1990-1991 as stated in the Department of 4 Transportation certification. 5 "Class 4 revenue hour section 1310 percentage." The 6 percentage determined by dividing the revenue hours of a Class 4 7 transit entity as stated in the latest Department of 8 Transportation certification by the total number of revenue 9 hours of all Class 4 transit entities as stated in the latest 10 Department of Transportation certification. 11 "Class 4 revenue mile section 1310 percentage." The 12 percentage determined by dividing the revenue miles of a Class 4 13 transit entity as stated in the latest Department of 14 Transportation certification by the total number of revenue 15 miles of all Class 4 transit entities as stated in the latest 16 Department of Transportation certification. 17 "Community transportation program section 1310 share." One 18 million seven hundred thousand dollars during the 1991-1992 19 fiscal year, $1,768,000 during the 1992-1993 fiscal year and, 20 during the 1993-1994 fiscal year and each fiscal year 21 thereafter, shall mean the community transportation program 22 section 1310 share for the prior fiscal year plus (or minus) the 23 product of the community transportation program section 1310 24 share for the prior fiscal year times the percentage increase or 25 decrease in the total funds available for distribution pursuant 26 to this section received by the Treasury Department in the most 27 recently completed fiscal year as compared with the prior fiscal 28 year. However, in any fiscal year in which the total funds 29 authorized to be expended from the State Lottery Fund for 30 purposes enumerated in section 1312 (relating to community 20070H1590B2179 - 53 -
1 transportation programs) is less than $600,000, the community 2 transportation program section 1310 share shall be increased so 3 that the sum of the community transportation program section 4 1310 share plus the total amount of such moneys paid from the 5 State Lottery Fund for purposes enumerated in section 1312 shall 6 equal $2,300,000. The combined funding to any county for 7 community transportation under sections 1310 and 1312 shall not 8 exceed $250,000 in any fiscal year. 9 "Department of Transportation project management oversight 10 share." One million dollars during the 1991-1992 fiscal year 11 and, during the 1992-1993 fiscal year and each fiscal year 12 thereafter, shall mean $1,000,000 or 0.25% of the total amount 13 of capital project, asset maintenance and other program funds 14 available for distribution pursuant to this section received by 15 the Treasury Department during the prior fiscal year, whichever 16 is greater. 17 "Department of Transportation certification." The 18 certification by the Department of Transportation to the 19 Treasury Department under subsection (g). 20 "Department-initiated programs." Mass transportation 21 programs with a regional or Statewide application, including, 22 without limitation, capital projects in support of intercity 23 rail passenger service, capital projects in support of intercity 24 bus service, transit safety initiatives, public-private 25 transportation partnerships, ridersharing incentive programs, 26 transportation management associations and other multimodal 27 transportation management projects. 28 "Federal operating ceiling." The maximum amount of Federal 29 funds permitted to be used by a Class 3 transit entity to 30 subsidize transit operations, as published in the November 23, 20070H1590B2179 - 54 -
1 1990, Federal Register (or, where there is more than one transit 2 entity in a region, the maximum amount of Federal funds which 3 such Class 3 transit entity could have utilized to subsidize 4 transit operations pursuant to the subregional allocation as 5 specified in the applicable transportation improvement program) 6 for fiscal year 1990-1991. 7 "Planning, development, research, rural expansion and 8 department-initiated programs section 1310 shares." The sum of 9 $83,333.33 plus 0.25% of the total capital project, asset 10 maintenance and other program funds available for distribution 11 by the Treasury Department during a particular month. 12 "Total passengers." The total of all revenue passengers plus 13 transfer passengers on second and successive rides of a local 14 transportation organization or transportation company, which are 15 funded in whole or in part by this part, with respect to the 16 most recent fiscal year reported in the most recently issued 17 Pennsylvania Mass Transit Statistical Report. 18 "Treasury Department." The State Treasurer and the Treasury 19 Department of the Commonwealth. 20 (g) Certification to Treasury Department.--On or before July 21 15 of each fiscal year, the Department of Transportation shall 22 calculate and certify to the Treasury Department the following: 23 (1) The Department of Transportation project management 24 oversight share, the community transportation program 25 sections 1310 and 1310.1 shares, the Class 1 transit entity 26 sections 1310 and 1310.1 shares, the Class 2 transit entity 27 sections 1310 and 1310.1 shares, the Class 3 transit entity 28 sections 1310 and 1310.1 shares and the Class 4 transit 29 entity sections 1310 and 1310.1 shares and the planning, 30 development, research, rural expansion and department- 20070H1590B2179 - 55 -
1 initiated programs sections 1310 and 1310.1 shares. 2 (2) The names and addresses of each Class 1 transit 3 entity, Class 2 transit entity, Class 3 transit entity and 4 Class 4 transit entity and whether such program or entity is 5 a Class 1 transit entity, Class 2 transit entity, Class 3 6 transit entity or Class 4 transit entity. 7 (3) The vehicle miles of each Class 3 transit entity, 8 the total vehicle miles of all Class 3 transit entities, the 9 Class 3 vehicle mile sections 1310 and 1310.1 percentages for 10 each Class 3 transit entity, the vehicle hours of each Class 11 3 transit entity, total vehicle hours of all Class 3 transit 12 entities, the Class 3 vehicle hour sections 1310 and 1310.1 13 percentages for each Class 3 transit entity, total passengers 14 for each Class 3 transit entity, the total passengers for all 15 Class 3 transit entities, the Class 3 total passenger 16 sections 1310 and 1310.1 percentages for each Class 3 transit 17 entity, the Federal operating ceiling for each Class 3 18 transit entity, the Federal operating ceiling for all Class 3 19 transit entities, the Federal operating cap percentage for 20 each Class 3 transit entity, the State subsidy received 21 pursuant to section 1303 (relating to annual appropriation 22 and computation of subsidy) as described in the definition of 23 "Class 3 State operating grant percentage" for each Class 3 24 transit entity, the State subsidy received pursuant to 25 section 1303 as described in the definition of "Class 3 State 26 operating grant percentage" for all Class 3 transit entities, 27 and the Class 3 State grant percentage for each Class 3 28 transit entity. 29 (4) The operating assistance grant received by each 30 Class 4 transit entity during fiscal year 1990-1991 pursuant 20070H1590B2179 - 56 -
1 to the act of February 11, 1976 (P.L.14, No.10), known as the 2 Pennsylvania Rural and Intercity Common Carrier Surface 3 Transportation Assistance Act, the operating assistance grant 4 received by all Class 4 transit entities during fiscal year 5 1990-1991 pursuant to that act, the Class 4 operating 6 assistance grant sections 1310 and 1310.1 percentages for 7 each Class 4 transit entity, the revenue miles of each Class 8 4 transit entity, the revenue miles of all Class 4 transit 9 entities, the Class 4 revenue mile sections 1310 and 1310.1 10 percentages of each Class 4 transit entity, the revenue hours 11 for each Class 4 transit entity, the revenue hours for all 12 Class 4 transit entities and the Class 4 revenue hour 13 sections 1310 and 1310.1 percentages for each Class 4 transit 14 entity. 15 § 1310.1. Supplemental public transportation assistance 16 funding. 17 (a) General rule.--Beginning July 1, 1997, 1.22% of the 18 money collected from the tax imposed under Article II of the act 19 of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 20 1971, up to a maximum of $75,000,000, shall be deposited in the 21 Supplemental Public Transportation Account, which is established 22 in the State Treasury. Within 30 days of the close of a calendar 23 month, 1.22% of the taxes received in the prior calendar month 24 shall be transferred to the account. No funds in excess of 25 $75,000,000 may be transferred to the account in any one fiscal 26 year. The money in the account shall be used by the department 27 for supplemental public transportation assistance, to be 28 distributed under this section. Transit entities may use 29 supplemental assistance moneys for any of the purposes 30 enumerated in section 1311 (relating to use of funds 20070H1590B2179 - 57 -
1 distributed). In addition to those enumerated purposes, Class 1, 2 2 and 3 transit entities also may use the base supplemental 3 assistance share for general operations. Class 4 transit 4 entities may use all supplemental assistance moneys for general 5 operations. 6 (b) Distribution.--During each fiscal year, capital project, 7 asset maintenance and other program funds designated as 8 supplemental public transportation assistance funding to be 9 distributed pursuant to this section shall be distributed as 10 follows: 11 (1) On or before the fifth day of each month, the 12 Treasury Department shall certify to the department the total 13 amount of money then available for distribution, and the 14 department shall disburse the money on or before the 20th day 15 of each month. 16 (2) Each month the department shall distribute to each 17 local transportation organization or transportation company 18 1/12 of the base supplemental assistance share of that local 19 transportation organization or transportation company. 20 (3) Each month the Treasury Department shall pay 1/12 of 21 the community transportation program section 1310.1 share for 22 that fiscal year to the Department of Transportation to make 23 grants to counties pursuant to section 1312 (relating to 24 community transportation programs) for the purpose of funding 25 capital projects of community transportation programs. 26 (4) Each month the department shall distribute 1/12 of 27 the Class 4 transit entity section 1310.1 share to Class 4 28 transit entities according to the same formula as provided 29 for distribution of funds under section 1310(b)(5) (relating 30 to distribution of funding), using the Class 4 transit entity 20070H1590B2179 - 58 -
1 section 1310.1 share in place of the Class 4 transit entity 2 section 1310 share. 3 (5) Each month, after providing for payment of the 4 portion of the base supplemental assistance share, the 5 community transportation program section 1310.1 share and the 6 Class 4 transit entity section 1310.1 share to be distributed 7 that month, the department shall distribute all remaining 8 capital project, asset maintenance and other program funds 9 required to be distributed pursuant to this section according 10 to the same formula as provided for distribution of funds in 11 section 1310(b)(6), using the transit entity's section 1310.1 12 share in place of the transit entity's section 1310 share. 13 (c) Definitions.--As used in this section, the following 14 words and phrases shall have the meanings given to them in this 15 subsection. Any term used in this section but not defined in 16 this subsection shall have the meaning given in section 1310(f): 17 "Base supplemental assistance share." The P.L. 103-122 18 percentage for each local transportation organization or 19 transportation company multiplied by $54,616,000. 20 "Capital project, asset maintenance and other program funds." 21 Moneys made available under this section to finance capital 22 projects and asset maintenance costs of local transportation 23 organizations, transportation companies or community 24 transportation programs or to fund other programs specified in 25 this section. 26 "Class 1 section 1310.1 percentage." 70.3%. 27 "Class 2 section 1310.1 percentage." 25.4%. 28 "Class 3 section 1310.1 percentage." 4.3%. 29 "Class 1 to 3 section 1310.1 allocation." The total amount 30 of capital project, asset maintenance and other program funds 20070H1590B2179 - 59 -
1 available for distribution by the Treasury Department during a 2 particular month less: 3 (1) the amount of the base supplemental assistance share 4 to be paid each month under subsection (b)(2); 5 (2) the amount of the community transportation program 6 section 1310.1 share to be paid each month under subsection 7 (b)(3); and 8 (3) the amount of the Class 4 transit entity section 9 1310.1 share to be paid each month under subsection (b)(4). 10 "Class 1 transit entity section 1310.1 share." The product 11 of the Class 1 section 1310.1 percentage times the Class 1 to 3 12 section 1310.1 allocation. 13 "Class 2 transit entity section 1310.1 share." The product 14 of the Class 2 section 1310.1 percentage times the monthly Class 15 1 to 3 allocation. 16 "Class 3 transit entity section 1310.1 share." The product 17 of the Class 3 section 1310.1 percentage times the monthly Class 18 1 to 3 allocation. 19 "Class 4 transit entity section 1310.1 share." For each 20 fiscal year, the total amount projected by the department to be 21 available for distribution in the fiscal year in accordance with 22 this section, less $54,616,000, times 2.8%. 23 "Class 3 Federal operating cap percentage." The percentage 24 determined by dividing the Federal operating ceiling for a Class 25 3 transit entity by the total of all Federal operating ceilings 26 for Class 3 transit entities. 27 "Class 3 total passenger section 1310.1 percentage." The 28 percentage determined by dividing the total passengers 29 transported by a Class 3 transit entity, as stated in the latest 30 Department of Transportation certification, by the total number 20070H1590B2179 - 60 -
1 of passengers transported by all Class 3 transit entities, as 2 stated in the latest Department of Transportation certification. 3 "Class 3 vehicle hour section 1310.1 percentage." The 4 percentage determined by dividing the vehicle hours of a Class 3 5 transit entity, as stated in the latest Department of 6 Transportation certification, by the total number of vehicle 7 hours of all Class 3 transit entities, as stated in the latest 8 Department of Transportation certification. 9 "Class 3 vehicle mile section 1310.1 percentage." The 10 percentage determined by dividing the vehicle miles of a Class 3 11 transit entity, as stated in the latest Department of 12 Transportation certification, by the total number of vehicle 13 miles of all Class 3 transit entities, as stated in the latest 14 Department of Transportation certification. 15 "Class 4 operating assistance grant section 1310.1 16 percentage." The percentage determined by dividing the Class 4 17 transit entity adjusted base grant received by a Class 4 transit 18 entity, as stated in the latest Department of Transportation 19 certification, by the total Class 4 transit entity adjusted base 20 grants received by all Class 4 transit entities during fiscal 21 year 1990-1991, as stated in the latest Department of 22 Transportation certification. 23 "Class 4 revenue hour section 1310.1 percentage." The 24 percentage determined by dividing the revenue hours of a Class 4 25 transit entity, as stated in the latest Department of 26 Transportation certification, by the total number of revenue 27 hours of all Class 4 transit entities, as stated in the latest 28 Department of Transportation certification. 29 "Class 4 revenue mile section 1310.1 percentage." The 30 percentage determined by dividing the revenue miles of a Class 4 20070H1590B2179 - 61 -
1 transit entity, as stated in the latest Department of 2 Transportation certification, by the total number of revenue 3 miles of all Class 4 transit entities, as stated in the latest 4 Department of Transportation certification. 5 "Community transportation program section 1310.1 share." The 6 greater of: 7 (1) $1,200,000; or 8 (2) the total amount projected by the Department of 9 Transportation to be available for distribution in the 10 subject fiscal year in accordance with this section, less 11 $54,616,000, times 2.5%. 12 "P.L. 103-122 percentage." The percentage determined by 13 dividing the operating assistance grant or operating assistance 14 limitation, whichever is greater, but not to exceed the total 15 apportionment of funds made available to a particular local 16 transportation organization or transportation company in this 17 Commonwealth for each Class 1 transit entity, Class 2 transit 18 entity and Class 3 transit entity and the base grants approved 19 for each Class 4 transit entity pursuant to Public Law 103-122, 20 107 Stat. 1199, for the Federal fiscal year ending September 30, 21 1994, by the total of such amounts for all Commonwealth local 22 transportation organizations and transportation companies 23 pursuant to Public Law 103-122 for the fiscal year as determined 24 by the Department of Transportation. 25 § 1311. Use of funds distributed. 26 (a) Approval of department.-- 27 (1) No money made available pursuant to section 1310 28 (relating to distribution of funding) shall be expended on 29 any capital project by any local transportation organization 30 or transportation company until after the local 20070H1590B2179 - 62 -
1 transportation organization or transportation company submits 2 the project to the department for approval and the department 3 approves the project. At the option of the local 4 transportation organization or transportation company, 5 capital projects may be submitted to the department on an 6 annual basis at the time the local transportation 7 organization or transportation company submits its capital 8 budget to the department or at another time chosen by the 9 local transportation organization or transportation company. 10 (2) The department shall establish criteria for approval 11 of capital projects pursuant to this subsection, including, 12 but not limited to, consideration of estimated useful life, 13 demonstration of need and reasonableness of cost. 14 (3) Amendments to capital projects may be submitted at 15 any time to the department for its review and approval in 16 accordance with the procedures specified by the department. 17 (4) The department shall prescribe, under the authority 18 of this chapter, reasonable procedures, including deadlines, 19 for the department to review, comment and approve the capital 20 project or projects submitted by a local transportation 21 organization or transportation company. 22 (b) Funding purposes enumerated.--Moneys distributed 23 pursuant to section 1310 shall be used by local transportation 24 organizations and transportation companies for purposes of 25 paying: 26 (1) all costs of capital projects, including, without 27 limitation, the costs of acquisition, construction, 28 installation, start-up costs of operations, improvement and 29 all work and materials incident thereto, provided that funds 30 expended for capital projects pursuant to section 1310 shall 20070H1590B2179 - 63 -
1 be matched by local or private funding in an amount equal to 2 at least one-thirtieth of the project cost; 3 (2) debt service and the cost of issuance of bonds, 4 notes and other evidences of indebtedness which a local 5 transportation organization or transportation company is 6 permitted to issue under any law of this Commonwealth; and 7 (3) to the extent permitted by this section, asset 8 maintenance costs. Community transportation programs shall 9 use moneys distributed pursuant to this section only for 10 purposes enumerated in section 1312 (relating to community 11 transportation programs). 12 (c) Certain capital projects.--Notwithstanding any other 13 provision of law, each local transportation organization or 14 transportation company receiving moneys pursuant to section 1310 15 may use such moneys, in the discretion of such local 16 transportation organization or transportation company, to fund 17 all or a portion of capital projects listed in the program 18 prepared pursuant to section 2002(a)(13) of the act of April 9, 19 1929 (P.L.177, No.175), known as The Administrative Code of 20 1929. 21 (d) Management of funds.-- 22 (1) Each local transportation organization or 23 transportation company receiving moneys pursuant to sections 24 1310 and 1310.1 (relating to supplemental public 25 transportation assistance funding) shall hold such moneys in 26 an account separate from other funds of the local 27 transportation organization or transportation company and 28 shall invest such moneys until such funds are used in 29 accordance with this section, with such funds being invested 30 in accordance with the limits on investment of the local 20070H1590B2179 - 64 -
1 transportation organization or transportation company. 2 Notwithstanding any other provisions of this chapter, any 3 interest earned shall be used for capital projects and asset 4 maintenance costs during any period as determined by the 5 local transportation organization or transportation company. 6 (2) All moneys distributed pursuant to section 1310 and 7 utilized for asset maintenance under subsection (e) shall be 8 matched by local or private funding in an amount equal to at 9 least 1/30 of the amount expended for such purposes, except 10 that, in the case of Class 3 and 4 transit entities, no 11 matching funds shall be required if the department shall have 12 received from the local governmental funding source which 13 would otherwise provide the matching funds a certification 14 that compliance with the matching requirement would create an 15 undue financial burden upon the local governmental funding 16 source such that a curtailment of government services 17 endangering public health and safety would ensue. 18 (3) All moneys distributed pursuant to section 1310.1 19 and utilized under this section shall be matched by local or 20 private funding in an amount equal to at least 1/30 of the 21 amount expended for such purposes, except that, in the case 22 of Class 3 and 4 transit entities, no funds utilized for 23 asset maintenance under subsection (e) shall require a local 24 match if the department shall have received from the local 25 governmental funding source which would otherwise provide the 26 matching funds a certification that compliance with the 27 matching requirement would create an undue financial burden 28 upon the local governmental funding source such that a 29 curtailment of government services endangering public health 30 and safety would ensue. 20070H1590B2179 - 65 -
1 (e) Asset maintenance.-- 2 (1) Each local transportation organization or 3 transportation company may expend moneys distributed pursuant 4 to sections 1310 and 1310.1 shares to fund asset maintenance 5 costs as provided in this subsection. 6 (2) Moneys distributed pursuant to sections 1310 and 7 1310.1 may only be used to fund asset maintenance costs 8 incurred during the fiscal year in which such moneys are 9 allocated. Thereafter, such funds may only be used to fund 10 capital projects. 11 (3) On or before March 1 of each year, the department 12 shall certify to each local transportation organization or 13 transportation company the amount of capital project, asset 14 maintenance, base supplemental assistance and other program 15 funds which the department estimates each local 16 transportation organization or transportation company will be 17 entitled to receive during the ensuing fiscal year. Each 18 local transportation organization or transportation company 19 may expend moneys distributed pursuant to sections 1310 and 20 1310.1 shares to fund asset maintenance costs up to the 21 following maximum percentages of the estimate from the 22 department, including accrued interest, the amount received 23 during the prior fiscal year or the amount actually received 24 in the current fiscal year, whichever is greater: 25 (i) Class 1 transit entities may utilize for asset 26 maintenance costs up to a maximum of 30% of the funds 27 received pursuant to sections 1310 and 1310.1 shares. 28 (ii) Class 2 and 3 transit entities may utilize for 29 asset maintenance costs up to a maximum of 50% of the 30 funds received pursuant to sections 1310 and 1310.1. 20070H1590B2179 - 66 -
1 (iii) (Deleted by amendment). 2 (iv) Class 4 transit entities may utilize for asset 3 maintenance costs up to a maximum of 50% of the funds 4 received pursuant to sections 1310 and 1310.1. 5 (f) Eligible projects.--Notwithstanding any other provision 6 of this chapter, moneys provided under section 1310 to community 7 transportation programs may be expended only in accordance with 8 section 1312 and only to fund all or a portion of eligible 9 projects of such entities as enumerated in section 1312. 10 (g) Matching funds.--The moneys provided to local 11 transportation organizations, transportation companies or 12 community transportation programs pursuant to section 1310 may 13 be used as matching funds to obtain Federal aid for capital 14 projects. 15 (h) Use by department.--Funds appropriated to the department 16 pursuant to section 1310(b)(2) and (4) may be utilized by the 17 department for the purposes provided in either of such 18 paragraphs. 19 (i) Accounting.--Within 120 days after the end of each 20 fiscal year for capital programs established by the local 21 transportation organization or transportation company pursuant 22 to section 1310(e), each local transportation organization and 23 transportation company receiving moneys pursuant to sections 24 1310 and 1310.1 shares shall transmit to the department an 25 accounting of all funds received pursuant to sections 1310 and 26 1310.1 shares in that fiscal year. The accounting shall be in a 27 form prescribed by the department and shall include a listing of 28 all expenditures on a project by project basis and the status of 29 all unspent funds. The local transportation organization or 30 transportation company shall grant access to the department or 20070H1590B2179 - 67 -
1 its duly authorized representatives to any and all records 2 pertaining to funds received pursuant to sections 1310 and 3 1310.1 shares. 4 (j) Limit on certain amounts expended.--Notwithstanding any 5 law to the contrary and except as provided in subsection (a) for 6 Class 4 transit entities, local transportation organizations and 7 transportation companies are authorized to expend moneys 8 distributed pursuant to sections 1310 and 1310.1 shares for 9 asset maintenance costs in an amount not to exceed the greater 10 of: 11 (1) the maximum amount of asset maintenance expenditures 12 which could have been approved by the department for 13 expenditure by that local transportation organization or 14 transportation company for the 1991-1992 fiscal year pursuant 15 to section 17(a) of the act of August 5, 1991 (P.L.238, 16 No.26), entitled "An act amending Titles 74 (Transportation) 17 and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, 18 codifying provisions relating to public transportation; 19 imposing certain fees and taxes; further providing for 20 certain Pennsylvania Turnpike projects; defining 'farm 21 equipment'; further providing for the responsibilities of 22 vehicle transferees, for exemptions from registration and 23 certificates of title and for the use of dealer plates, 24 multipurpose dealer plates and farm equipment plates; further 25 providing for funeral processions; further providing for a 26 restricted receipts fund and for registration for snowmobiles 27 and ATV's; establishing the Snowmobile Trail Advisory 28 Committee; further providing for the highway maintenance and 29 construction tax; and making repeals," based upon a 30 projection of $200,000,000 in total dedicated capital 20070H1590B2179 - 68 -
1 assistance funds plus estimated amounts of supplemental 2 public transportation assistance funding available for 3 distribution pursuant to section 1310.1 in that fiscal year, 4 which estimate shall not be less than $75,000,000 in any 5 fiscal year; or 6 (2) the amount permitted to be expended for such 7 purposes under subsection (e). 8 § 1312. Community transportation programs. 9 (a) Grants from lottery fund.--All counties except counties 10 of the first and second class shall be entitled to grants from 11 the State Lottery Fund for the purpose of adding, replacing, 12 upgrading and overhauling equipment and purchasing, constructing 13 or renovating facilities to serve as office and maintenance 14 sites for the provision of reduced fare demand-response service. 15 Equipment that may be purchased shall include, but shall not be 16 limited to, vehicles, vehicle rehabilitation, major drivetrain 17 components, communication equipment, computer equipment and 18 software and office equipment and furnishings. The amount 19 entitled to all counties and to be granted by the department 20 shall not exceed $2,300,000. The department may require the 21 counties to coordinate the acquisition of equipment through a 22 Statewide purchase program should the department find such a 23 program to be cost efficient. 24 (b) Procedure.-- 25 (1) The department is hereby authorized to make grants 26 to all counties, except those of the first and second class, 27 or to entities designated by such counties to coordinate 28 services under this section in such county, for the purpose 29 of adding, replacing, upgrading and overhauling equipment for 30 the provision of shared-ride transit services responsive to 20070H1590B2179 - 69 -
1 and accessible by the general public as well as the elderly 2 and disabled. If sufficient funds remain after all department 3 approvals for such equipment projects have been fully funded, 4 the department is hereby authorized to make grants for the 5 purchase, construction or renovation of facilities to serve 6 as office and maintenance sites for the provision of shared- 7 ride transit services responsive to and accessible by the 8 general public as well as the elderly and disabled. Equipment 9 that may be purchased shall include, but shall not be limited 10 to, vehicles, vehicle rehabilitation, major drivetrain 11 components, communication equipment, computer equipment and 12 software and office equipment and furnishings. 13 (2) Counties other than counties of the first and second 14 class may obtain grants pursuant to this subsection by filing 15 with the department an application in a form prescribed by 16 it. The department shall require with such application a 17 transportation plan plus such other information as the 18 department may require. 19 (3) The applicant shall certify that all efforts 20 possible have been made to coordinate local service for the 21 elderly and disabled and the services to be offered with 22 these capital assets do not duplicate existing fixed route 23 services, as provided under the act of February 11, 1976 24 (P.L.14, No.10), known as the Pennsylvania Rural and 25 Intercity Common Carrier Surface Transportation Assistance 26 Act, and under other provisions of this part. The applicant 27 shall solicit comments from the local public body fixed route 28 provider and include any such comments as part of the 29 application. 30 (4) All purchases pursuant to this subsection shall be 20070H1590B2179 - 70 -
1 made in accordance with bidding procedures established under 2 the act of May 2, 1945 (P.L.382, No.164), known as the 3 Municipality Authorities Act of 1945, or the act of August 9, 4 1955 (P.L.323, No.130), known as The County Code, whichever 5 is applicable. 6 (c) Availability of funds.--Funds not expended under this 7 section in the fiscal year in which they were made available 8 shall not lapse and shall be available for use pursuant to this 9 section in the next succeeding fiscal years. 10 § 1313. Additional programs. 11 (a) Projects and programs enumerated.--The department is 12 hereby authorized to incur costs directly or to make grants, 13 undertake and provide financial support: 14 (1) To new rural transportation systems for the purpose 15 of funding capital, asset maintenance and operating costs of 16 new rural transportation systems. New rural transportation 17 systems may obtain grants under this section by filing for 18 each fiscal year with the department an application in a form 19 prescribed by it. The department shall require with the 20 application a transportation plan plus such other information 21 as the department may require to establish to the 22 satisfaction of the department that the new rural 23 transportation system is deserving of a grant under this 24 section. 25 (2) For the purpose of funding studies, analysis, 26 planning and development of programs for public 27 transportation assistance, services and facilities. 28 (3) To incur costs directly or to make grants for 29 department-initiated programs. 30 (4) To make grants to Class 4 transit entities for the 20070H1590B2179 - 71 -
1 significant expansion of services by such entities from funds 2 remaining in the development, planning and rural expansion 3 share after all grants have been made for the fiscal year 4 pursuant to paragraphs (1) and (2). Grants from the 5 development, planning and rural expansion share shall be used 6 by the Class 4 transit entity for the construction, 7 acquisition, capital projects, asset maintenance and 8 operating costs of the expansion of such entity. Class 4 9 transit entities may obtain grants by filing for each fiscal 10 year with the department an application in a form prescribed 11 by it. The department shall require with the application a 12 transportation plan plus such other information as the 13 department may require to establish to the satisfaction of 14 the department that the Class 4 transit entity is deserving 15 of a grant under this section. 16 (b) Availability of funds.--Funds not expended under this 17 section in the fiscal year in which they were made available 18 shall not lapse and shall be available for use pursuant to this 19 section in the next succeeding fiscal years. 20 § 1315. Public transportation grants management accountability. 21 (a) Performance audits.--All classes of transit entities 22 shall complete periodic management performance audits which 23 shall encompass all public transportation programs and services 24 financed in whole or in part by grants provided by the 25 department as follows: 26 (1) The department shall establish criteria to be 27 included in a performance audit performed pursuant to this 28 section. The criteria shall be published in the Pennsylvania 29 Bulletin. Separate criteria may be established for each class 30 of transit entity. 20070H1590B2179 - 72 -
1 (2) Management performance audits shall be completed 2 within ten months of their initiation and shall be performed 3 as follows: 4 (i) Class 1 transit entities shall begin the initial 5 management performance audit required pursuant to this 6 section no later than July 1, 1999, or, with the written 7 approval of the department, within five years of the 8 completion of the most recent performance audit. 9 Thereafter, Class 1 transit entities shall complete a 10 management performance audit at least once every five 11 years. 12 (ii) Class 2 transit entities shall begin the 13 initial management performance audit required by this 14 section no later than July 1, 2000, or, with the written 15 approval of the department, within five years of the most 16 recent performance audit. The department may extend the 17 initiation date for a period of up to five years. 18 Thereafter, Class 1 transit entities shall complete a 19 management performance audit at least once every five 20 years. 21 (iii) Class 3 transit entities in urbanized areas 22 with a population of 200,000 or greater shall begin the 23 initial management performance audit required by this 24 section no later than July 1, 2001. Class 3 transit 25 entities in urbanized areas with a population of less 26 than 200,000 shall begin the first management performance 27 audit required by this section no later than July 1, 28 2002. Thereafter, Class 3 transit entities shall perform 29 a management performance audit at least once every seven 30 years. 20070H1590B2179 - 73 -
1 (iv) Class 4 transit entities shall begin the first 2 initial management performance audit required by this 3 section no later than July 1, 2002. Thereafter, Class 4 4 transit entities shall perform a management performance 5 audit at least once every ten years. The department shall 6 perform management performance audits for Class 4 7 entities through qualified independent contractors unless 8 written notice is provided to the department by the Class 9 4 transit entity that the transit entity wishes to 10 perform its own audit. The notice shall be provided no 11 later than one year prior to the initiation date of the 12 next scheduled audit. 13 (3) Class 1, 2 and 3 transit entities shall bear all 14 costs of performing management performance audits pursuant to 15 this section. The cost of such management performance audits 16 for Class 4 transit entities shall be paid by the department 17 from funds made available under section 1310(d) (relating to 18 distribution of funding). 19 (4) For Class 1, 2 and 3 transit entities, the 20 management performance audit shall be conducted by a 21 qualified independent auditor selected by competitive 22 procurement. Procurement documents shall specify the scope of 23 the audit, comply with department criteria and be submitted 24 to the department for written approval prior to procurement. 25 (b) Submission of audit report; transit entity response.-- 26 (1) Upon receipt of a final audit report from the 27 auditor or, in the case of Class 4 transit entities, from the 28 department, each transit entity shall prepare an action plan 29 addressing the findings and recommendations of the audit 30 report. The action plan shall be completed and approved by 20070H1590B2179 - 74 -
1 the transit entity's governing body within two months of 2 receipt of the final audit report. The transit entity shall 3 implement its action plan in accordance with the time frames 4 specified in the plan. 5 (2) Upon approval of the action plan by the entity's 6 governing body, the transit entity shall submit the plan and 7 the auditor's report to the department. Class 1 and 2 transit 8 entities shall also submit their action plans to the 9 Legislative Budget and Finance Committee, the chairman and 10 minority chairman of the Transportation Committee of the 11 Senate and the chairman and minority chairman of the 12 Transportation Committee of the House of Representatives. 13 (c) Customer satisfaction surveys.--Customer satisfaction 14 surveys shall be conducted as follows: 15 (1) All Class 1 and 2 entities shall conduct customer 16 satisfaction surveys at least once every two years. Class 3 17 and 4 transit entities shall conduct customer satisfaction 18 surveys at least once every three years. An initial customer 19 satisfaction survey for each transit entity shall be 20 completed and submitted to the department no later than 21 December 31, 1998. 22 (2) The department shall provide guidelines regarding 23 the scope of the surveys and suggested questions which may be 24 included in the surveys. 25 (3) Upon completion of the survey, the transit entity 26 shall submit a report to the department containing survey 27 methodology, survey results, relevant trends in the level of 28 customer satisfaction and actions taken or planned to improve 29 customer satisfaction. 30 (d) Suspension of grant funds.--The department may suspend 20070H1590B2179 - 75 -
1 eligibility for grants under section 1303 (relating to annual 2 appropriation and computation of subsidy) for any transit entity 3 which fails to comply with any of the provisions of this 4 section. 5 (e) Restoration or continuation of funding.--The department 6 shall continue eligibility of a transit entity for grants under 7 section 1303 if the entity has initiated its audit or survey in 8 a timely manner and the delay in completion of the audit or 9 survey is not the fault of the transit entity. The department 10 shall restore eligibility of a suspended transit entity at such 11 time as the audit or survey is completed in accordance with the 12 requirements of this section. 13 (f) Cost reduction and productivity improvement.--As part of 14 its annual application for funding under section 1303, Class 1, 15 2, 3 and 4 transit entities shall include a report outlining 16 initiatives it has undertaken to reduce costs and improve 17 productivity.] 18 Section 2. Title 74 is amended by adding chapters to read: <-- 19 CHAPTER 13A 20 TRANSPORTATION ISSUES 21 Sec. 22 13A01. Declaration of policy. 23 § 13A01. Declaration of policy. 24 The General Assembly finds and declares as follows: 25 (1) This Commonwealth and the nation are facing serious 26 transportation funding problems related to gasoline and 27 energy. 28 (2) Public transportation is a major component of 29 solving the problems referred to in paragraph (1). 30 (3) It is necessary to reconsider public transportation 20070H1590B2179 - 76 -
1 options in this Commonwealth. 2 CHAPTER 15 3 SUSTAINABLE MOBILITY OPTIONS 4 Sec. 5 1501. Scope of chapter. 6 1502. (Reserved). 7 1503. Definitions. 8 1504. Program authorization. 9 1505. Regulations. 10 1506. Fund. 11 1507. Application and approval process. 12 1508. Federal funding. 13 1509. Limitation on decisions, findings and regulations of 14 department. 15 1510. Program oversight and administration. 16 1511. Report to Governor and General Assembly. 17 1512. Coordination. 18 1513. Operating program. 19 1514. Asset improvement program. 20 1515. New initiatives program. 21 1516. Programs of Statewide significance. 22 1517. Program oversight and administration. 23 1518. Retroactive authority. 24 § 1501. Scope of chapter. 25 This chapter relates to sustainable mobility options. 26 § 1502. (Reserved). 27 § 1503. Definitions. 28 The following words and phrases when used in this chapter 29 shall have the meanings given to them in this section unless the 30 context clearly indicates otherwise: 20070H1590B2179 - 77 -
1 "Access to jobs project." A project relating to the 2 development and maintenance of transportation services designed 3 to transport welfare recipients and eligible low-income 4 individuals to and from jobs and activities related to their 5 employment as defined under 49 U.S.C. § 5316 (relating to job 6 access and reverse commute formula grants). 7 "Americans with Disabilities Act." The Americans with 8 Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327). 9 "Asset maintenance costs." All vehicle maintenance expenses, 10 nonvehicle maintenance and materials expenses and the cost of 11 supplies used in the operation of local transportation 12 organizations and transportation companies. 13 "Award recipient." A recipient of financial assistance under 14 this chapter. 15 "Capital expenditures." All costs of capital projects, 16 including, but not limited to, the costs of acquisition, 17 construction, installation, start-up of operations, improvements 18 and all work and materials incident thereto. 19 "Capital project." 20 (1) A system of public passenger transportation, 21 including rail transportation facilities used for public 22 passenger transportation, which facilities may include the 23 following: 24 (i) railway, street railway, subway, elevated and 25 monorail passenger or passenger and rail rolling stock, 26 including self-propelled and gallery cars, locomotives, 27 passenger buses and wires, poles and equipment for the 28 electrification of any of such rails, tracks and 29 roadbeds, guideways, elevated structures, buildings, 30 stations, terminals, docks, shelters and parking areas 20070H1590B2179 - 78 -
1 for use in connection with the rail transportation 2 systems, interconnecting lines and tunnels to provide 3 passenger or passenger and rail service connections 4 between transportation systems, transportation routes, 5 corridors and rights-of-way therefor, but not for public 6 highways; 7 (ii) signal and communication systems necessary or 8 desirable for the construction, operation or improvement 9 of a public passenger system; or 10 (iii) any improvement or overhaul of any vehicle 11 equipment or furnishings of any of the items specified 12 under subparagraphs (i) and (ii) or any part or 13 fractional and undivided co-ownership or leasehold 14 interest in any one or combination of any of the items 15 specified under subparagraphs (i) and (ii) that may be 16 designated as a capital project by the Secretary of 17 Transportation. 18 (2) The term shall include the acquisition of land 19 necessary for the construction of a new project and debt 20 service and the cost of issuance of bond notes and other 21 evidences of indebtedness which a local transportation 22 organization or transportation company is permitted to issue 23 under any law of this Commonwealth. 24 "Commonwealth capital bonds." Evidence of debt incurred by 25 the Commonwealth under the act of February 9, 1999 (P.L.1, 26 No.1), known as the Capital Facilities Debt Enabling Act. 27 "Community transportation service" or "shared ride service." 28 Door-to-door demand transportation that is available to the 29 general public on a nonexclusive basis, operates on a nonfixed 30 route basis and charges a fare to all riders. The term does not 20070H1590B2179 - 79 -
1 include exclusive ride taxi service, charter and sightseeing 2 service, nonpublic transportation, school bus and limousine 3 service. 4 "Community transportation system." A person that provides 5 community transportation service and contracts with the 6 Department of Transportation to receive revenue replacement 7 funds. 8 "Department." The Department of Transportation of the 9 Commonwealth. 10 "Financial assistance." Grants or other types of financial 11 support provided by the Department of Transportation under this 12 chapter. 13 "Fixed guideway system." A fixed-route public transportation 14 service that uses and occupies a separate right-of-way or rail 15 line for the exclusive use of public transportation and other 16 high occupancy vehicles or uses a fixed catenary system and a 17 right-of-way usable by other forms of transportation. The term 18 includes light rail, commuter rail, automated guideway transit, 19 people movers, ferry boat service and fixed guideway facilities 20 for buses such as bus rapid transit and high occupancy vehicles. 21 "Fixed-route public transportation service." Regularly 22 scheduled general public transportation that is provided 23 according to published schedules along designated routes, but 24 that allows for route deviation within the published schedule, 25 with specified stopping points for the taking on and discharging 26 of passengers, including public bus and commuter rail systems 27 and other department-approved service. The term does not include 28 exclusive ride taxi service, charter or sightseeing service, 29 nonpublic transportation, school bus and limousine service. 30 "Fund." The Public Transportation Trust Fund established 20070H1590B2179 - 80 -
1 under section 1506 (relating to fund). 2 "Inflation index." An index established by the Department of 3 Transportation that is inflation sensitive. 4 "Intercity bus service." Passenger bus service of 35 miles 5 or more in length that is provided with an over the road bus and 6 operated between two noncontiguous urbanized areas, between an 7 urbanized area located in one county and rural communities 8 located in another county or between rural communities located 9 in different counties and contains all of the following 10 elements: 11 (1) Service that is operated for a fare on a regularly 12 scheduled fixed-route basis. 13 (2) Service that is offered to and utilized by the 14 general public without preconditions of advance reservation 15 or membership in a particular organization. 16 "Intercity passenger rail service." Passenger railroad 17 service that connects two or more urbanized areas and is 18 determined by the Department of Transportation to qualify as 19 intercity service, including commuter rail service. 20 "Job access and reverse commute project." A project funded 21 by the Federal Transit Administration under Federal law. 22 "Local transportation organization." Any of the following: 23 (1) A political subdivision or a public transportation 24 port or redevelopment authority organized under the laws of 25 this Commonwealth or pursuant to an interstate compact or 26 otherwise empowered to render, contract for the rendering or 27 assist in the rendering of transportation service in a 28 limited area in this Commonwealth, even though it may also 29 render or assist in rendering transportation service in 30 adjacent states. 20070H1590B2179 - 81 -
1 (2) A nonprofit association that directly or indirectly 2 provides public transportation service. 3 (3) A nonprofit association of public transportation 4 providers operating within this Commonwealth. 5 "Materials and supplies." Those categories of expenses as 6 specified in Uniform System of Accounts expense object class 7 504, National Transit Database operating expenses form F 30, 8 National Transit Database, Final Rule, Federal Transit 9 Administration, dated January 15, 1993, or any successor. 10 "Municipality." A city, borough, incorporated town or 11 township. 12 "New fixed guideway system." A newly-constructed fixed 13 guideway system in a corridor or alignment where no such system 14 previously existed. 15 "New freedom program." A public transportation program 16 designed to provide funds to recipients for new public 17 transportation services and public transportation alternatives 18 beyond those required by the Americans with Disabilities Act of 19 1990 (Public Law 101-336, 104 Stat. 327) that assist individuals 20 with disabilities with transportation, including transportation 21 to and from jobs and employment support services administered 22 under the provisions of 49 U.S.C. § 5317 (relating to new 23 freedom program.) 24 "New start." The term shall have the same meaning given it 25 in 49 CFR § 611.5 (relating to definitions). 26 "Nonurbanized area." An area within this Commonwealth that 27 does not fall within an area classified as "urbanized" by the 28 United States Bureau of the Census of the United States 29 Department of Commerce in the most recent Census of Population. 30 "Nonvehicle maintenance expenses." The categories of costs 20070H1590B2179 - 82 -
1 associated with the inspection, maintenance and repair of 2 assets, other than vehicles, as specified in Uniform System of 3 Accounts, expense function 042, National Transit Database 4 operating expenses form, F 30, National Transit Database, Final 5 Rule, Federal Transit Administration, dated January 15, 1993, or 6 any successor. 7 "Operating expenses." Total expenses required to continue 8 service to the public and to permit needed improvements in 9 service which are not self-supporting and otherwise for any 10 purpose in furtherance of public passenger transportation, 11 including all State asset maintenance costs. The term does not 12 include expenditures for capital projects unless specific 13 approval is provided by the Department of Transportation. 14 "Operating revenue." The total revenue earned by a local 15 transportation organization or a transportation company through 16 its transit operations. The term includes all of the following: 17 (1) Passenger fares. 18 (2) Reimbursements provided in lieu of fares for senior 19 passengers. 20 (3) Charter, school bus and advertising revenue. 21 (4) Other miscellaneous revenue such as public and 22 private route guarantee funds. 23 "Paratransit service." Transit service operating on a 24 nonfixed-route basis in order to provide complementary 25 transportation service to persons who are functionally unable to 26 use fixed-route transportation, as required by the Americans 27 with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 28 327). 29 "Passengers." The total of all originating passengers plus 30 transfer passengers carried on fixed-route service and 20070H1590B2179 - 83 -
1 paratransit service. 2 "Public passenger transportation." Transportation within an 3 area that includes a municipality or other built-up place that 4 is appropriate in the judgment of the Department of 5 Transportation to serve commuters or others in the locality, 6 taking into consideration the local patterns and trends of 7 growth by bus or rail or other conveyance, either publicly or 8 privately owned, serving the general public. The term does not 9 include school buses, charter or sightseeing services. 10 "Revenue replacement funds." Payments made to local 11 transportation organizations and transportation companies to 12 offset or partially offset fares. 13 "Revenue vehicle hours." The total amount of time calculated 14 in hours during which vehicles are in service and available for 15 public use in fixed-route service or paratransit service. The 16 term does not include deadhead hours. 17 "Revenue vehicle miles." The total amount of distance 18 calculated in miles during which vehicles are in service and 19 available for public use in fixed-route service or paratransit 20 service. The term does not include deadhead miles. 21 "Reverse commute project." A public transportation project 22 designed to transport residents of urbanized and nonurbanized 23 areas to suburban employment opportunities as defined under 49 24 U.S.C. § 5316 (relating to job access and reverse commute 25 formula grants). 26 "Secretary." The Secretary of Transportation of the 27 Commonwealth. 28 "Senior citizen." A person who is at least 65 years of age. 29 "Senior passenger." A senior citizen who rides on fixed 30 route service. 20070H1590B2179 - 84 -
1 "Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), 2 known as the Tax Reform Code of 1971. 3 "Transportation company." A person that renders public 4 passenger transportation service. 5 "Urbanized area." A portion of this Commonwealth classified 6 as urbanized by the United States Bureau of the Census of the 7 United States Department of Commerce in the most recent Census 8 of Population. 9 "Vehicle maintenance expenses." The categories of costs 10 associated with the inspection, maintenance and repair of 11 vehicles as specified in Uniform System of Accounts, expense 12 function 041, National Transit Database operating expenses form 13 F 30, National Transit Database, Final Rule, Federal Transit 14 Administration, dated January 15, 1993, or any successor. 15 "Welfare-to-work." Any Federal or State program designed to 16 move individuals from dependency on public welfare programs to 17 self-sufficiency through paid work. 18 § 1504. Program authorization. 19 (a) General.--The department may, within the limitations 20 provided in this chapter, incur costs directly or otherwise 21 provide financial assistance for the purposes and activities 22 enumerated in this chapter. 23 (b) Supplementation of Federal and local funds.--The 24 authority conferred on the department by this section includes, 25 but is not limited to, providing financial assistance for public 26 passenger transportation purposes and to supplement Federal 27 funding, local funding, or both. 28 § 1505. Regulations. 29 (a) General rule.--To effectuate and enforce the provisions 30 of this chapter, the department shall promulgate necessary rules 20070H1590B2179 - 85 -
1 and regulations and prescribe conditions and procedures in order 2 to assure compliance in carrying out the purposes for which 3 financial assistance may be made under this chapter. 4 (b) Temporary regulations.--During the two-year period 5 following the effective date of this section, the department 6 shall promulgate temporary regulations, which regulations shall 7 be exempt from the following: 8 (1) The act of October 15, 1980 (P.L.950, No.164), known 9 as the Commonwealth Attorneys Act. 10 (2) Section 205 of the act of July 31, 1968 (P.L.769, 11 No.240), referred to as the Commonwealth Documents Law. 12 (3) The act of June 25, 1982 (P.L.633, No.181), known as 13 the Regulatory Review Act. 14 Temporary regulations promulgated by the department under this 15 subsection shall expire four years following the effective date 16 of this section. 17 § 1506. Fund. 18 (a) Establishment and deposits.--A special fund is 19 established within the State Treasury to be known as the Public 20 Transportation Trust Fund. The following shall be deposited into 21 the fund annually: 22 (1) Funds under 75 Pa.C.S. § 8915.3(8) (relating to 23 lease of Interstate 80). 24 (2) The amounts made available to the department as an 25 executive authorization and an appropriation for the 2007- 26 2008 fiscal year and each fiscal year thereafter from the 27 State Lottery Fund for the Free Transit Program for Senior 28 Citizens established under the act of August 26, 1971 29 (P.L.351, No.91), known as the State Lottery Law. These 30 revenues shall be used to provide free public transportation 20070H1590B2179 - 86 -
1 service to senior citizens when passage is on fixed-route 2 public transportation services, as authorized by Chapter 9 of 3 the State Lottery Law and the free service shall be available 4 to senior citizens at any time during the service provider's 5 regular hours of service. With regard to passage on commuter 6 rail service provided to senior citizens, the fare shall 7 continue to be limited to $1 per trip as provided under 8 Chapter 9 of the State Lottery Law, but the limitation shall 9 be extended to all hours of commuter rail service. 10 (3) Commencing July 1, 2007, 1.22% of the money 11 collected from the tax imposed under Article II of the Tax 12 Reform Code, up to a maximum of $75,000,000. 13 (4) Commencing July 1, 2007, revenues deposited into the 14 Public Transportation Assistance Fund established under 15 Article XXIII of the Tax Reform Code to be used in accordance 16 with subsection (b). 17 (5) Commencing July 1, 2007, 3.03% of the money 18 collected from the tax imposed under Article III of the Tax 19 Reform Code. Within 30 days of the close of a calendar month, 20 3.03% of the taxes received under Article III of the Tax 21 Reform Code in the prior calendar month shall be transferred 22 to the fund. 23 (6) Any other appropriations to the fund. 24 (b) Use of revenues.-- 25 (1) Money in the fund shall be used by the department to 26 provide financial assistance to local transportation 27 organizations, transportation companies and agencies and 28 instrumentalities of the Commonwealth under this chapter, for 29 costs incurred directly by the department in the 30 administration of public passenger transportation programs, 20070H1590B2179 - 87 -
1 including under this chapter, and for all other purposes 2 enumerated in this chapter. 3 (2) Money in the fund is appropriated on a continuing 4 basis, upon approval of the Governor, to the department to be 5 used as provided in this chapter. Money in the fund shall not 6 lapse. 7 (c) Programs.--The fund is authorized to provide the 8 following: 9 (1) Financial assistance related to operating expenses 10 to be known as the "operating program." To the extent funds 11 are available, an amount not less than $810,000,000 of the 12 fund shall be allocated to this program in the first fiscal 13 year following the effective date of this section. Money in 14 the fund allocated to the operating program shall not be 15 increased by more than the inflation index in any year. 16 (2) Financial assistance for improvements to capital 17 assets, replacement of capital assets and expansion of 18 capital assets to be known as the "asset improvement 19 program." An amount equal to the remaining money in the fund, 20 less the allocations under paragraphs (1), (3) and (4) shall 21 be allocated to this program in the first fiscal year 22 following the effective date of this section. Money in the 23 fund for this program may include proceeds of Commonwealth 24 capital bonds. 25 (3) Financial assistance to fund new or expansions of 26 fixed guideway systems, to be known as the "new initiatives 27 program." An amount not greater than $50,000,000 of the fund 28 shall be allocated to this program in the first fiscal year 29 following the effective date of this section. 30 (4) Financial assistance related to programs of 20070H1590B2179 - 88 -
1 Statewide significance as described in section 1516 (relating 2 to programs of Statewide significance) to be known as the 3 "programs of Statewide significance program." To the extent 4 funds are available, an amount not less than $52,000,000 of 5 the fund shall be allocated to this program in the first 6 fiscal year following the effective date of this section. 7 § 1507. Application and approval process. 8 (a) Application.--An eligible applicant that wishes to 9 receive financial assistance under this chapter shall submit a 10 written application to the department, on a form developed by 11 the department, which shall include the following: 12 (1) The name and address of the applicant. 13 (2) The name and telephone number of a contact person 14 for the applicant. 15 (3) The amount and type of financial assistance 16 requested and the proposed use of the funds. 17 (4) A statement as to the particular need for the 18 financial assistance. 19 (5) A certified copy of a current resolution authorizing 20 submission of the application if the applicant is a governing 21 body. 22 (6) Evidence satisfactory to the department of the 23 commitment for matching funds required under this chapter 24 sufficient to match the projected financial assistance 25 payments at the same times that the financial assistance 26 payments are to be provided. 27 (7) Any other information the department deems necessary 28 or desirable. 29 (b) Approval and award.--Upon determining that an applicant 30 has complied with this chapter, applicable rules and regulations 20070H1590B2179 - 89 -
1 and any other requirement with respect to the financial 2 assistance requested, the department may award financial 3 assistance to the applicant, in which case the department and 4 the applicant shall enter into a financial assistance agreement 5 setting forth the terms and conditions upon which the financial 6 assistance shall be used and the timing of payment of the funds. 7 (c) Restriction on use of funds.--Financial assistance under 8 this chapter shall be used only for activities authorized 9 originally unless the department grants a waiver to the award 10 recipient for a different use of the funds. The department's 11 regulations shall describe circumstances under which it will 12 consider the waivers and information to be included in a request 13 for a waiver. The maximum duration of a waiver shall be one 14 year, and a request for a waiver shall include a plan of 15 corrective action to demonstrate that the award recipient does 16 not have an ongoing need to use financial assistance funds for 17 activities other than those for which funds were originally 18 awarded. 19 § 1508. Federal funding. 20 (a) General rule.--The department shall administer the 21 program in this chapter with such flexibility as to permit full 22 cooperation between Federal, State and local governments, 23 agencies and instrumentalities, local transportation 24 organizations and private interests, so as to result in as 25 effective and economical a program as possible. 26 (b) Agreements.--The department may enter into agreements 27 for mutual cooperation between or among the department and a 28 Federal agency, local transportation organization or 29 transportation company concerning a project to be funded with 30 financial assistance under this chapter, including joint 20070H1590B2179 - 90 -
1 applications for Federal grants. 2 (c) General authority of department.--The department may do 3 anything necessary or desirable to secure financial aid or 4 cooperation of a Federal agency in a project funded with 5 financial assistance under this chapter and to comply with a 6 Federal statute or lawful requirement of a Federal agency 7 authorized to administer a program of Federal aid to 8 transportation. The department may enter into a protective 9 agreement with organized labor to the extent required under 49 10 U.S.C. § 5333 (relating to labor standards) in order to obtain 11 Federal grant money for transportation assistance. Protective 12 agreements shall be narrowly drawn and strictly construed to 13 provide no more than the minimum protections required by the 14 United States Department of Labor for the agreements. 15 (d) Direct recipients.--Local transportation organizations 16 that are direct recipients of Federal funding shall be under no 17 obligation to enter into contracts with the department for 18 expenditure of those funds, except that the department may 19 require a contract for expenditure of the State portion of the 20 project assisted by those Federal funds. 21 § 1509. Limitation on decisions, findings and regulations of 22 department. 23 All decisions, findings and regulations made by the 24 department pursuant to this chapter shall be for the purposes of 25 this chapter only and shall not constitute evidence before a 26 regulatory body of this Commonwealth or any other jurisdiction. 27 § 1510. Program oversight and administration. 28 (a) Review and oversight.--The department shall initiate and 29 maintain a program of financial and performance review and 30 oversight for all public transportation programs receiving 20070H1590B2179 - 91 -
1 financial assistance under this chapter. The department may 2 perform independent financial audits of each award recipient. 3 Audits shall be conducted in accordance with generally accepted 4 auditing standards and shall ensure compliance by award 5 recipients with this chapter, department regulations and 6 policies and financial assistance agreements. 7 (b) State Rail Transit Safety Inspection Program.--The 8 department may conduct a State Rail Transit Safety Inspection 9 Program, as may be defined from time to time by the Federal 10 Transit Administration, to meet oversight requirements of the 11 Federal Transit Administration. The public transportation modes 12 covered shall include heavy rail, light rail, trackless trolley 13 bus and inclined plane services and related facilities. 14 § 1511. Report to Governor and General Assembly. 15 The department shall file a public passenger transportation 16 performance report with the Governor and the General Assembly by 17 April 30 of each year, covering the prior fiscal year. 18 § 1512. Coordination. 19 Coordination is required in regions where two or more award 20 recipients have services or activities for which financial 21 assistance is being provided under this chapter to assure that 22 the services or activities are provided efficiently and 23 effectively. 24 § 1513. Operating program. 25 (a) Eligible applicants.--The governing body of a 26 municipality, county or instrumentality of either, a 27 Commonwealth agency or instrumentality or a local transportation 28 organization may apply for financial assistance under the 29 operating program. 30 (b) Applications.--In addition to information required under 20070H1590B2179 - 92 -
1 section 1507 (relating to application and approval process), an 2 application for financial assistance under this section shall 3 include the applicant's reasonable estimates of operating 4 revenue and government subsidies sufficient to cover all 5 projected operating expenses. 6 (c) Distribution formula.--The following distribution 7 formula shall be applied by the department with respect to the 8 award of an operating grant: 9 (1) Twenty-five percent of the award amount shall be 10 based on passengers; 11 (2) Ten percent of the award amount shall be based on 12 senior passengers to offset free fares for senior passengers; 13 (3) Thirty-five percent of the award amount shall be 14 based on revenue vehicle hours; 15 (4) Thirty percent of the award amount shall be based on 16 revenue vehicle miles. 17 (d) Local match requirements.-- 18 (1) Local or private cash funding shall be provided as a 19 match in the amount of 20% of the financial assistance being 20 provided. The following apply: 21 (i) For the Fiscal Year 2007-2008, the minimum of 22 local or private cash funding required under this 23 paragraph shall be: 24 (A) the match required for Fiscal Year 2006- 25 2007; and 26 (B) 5% of the amount under clause (A). 27 (ii) For each fiscal year after Fiscal Year 2007- 28 2008 until the match required under this paragraph is 29 reached, the minimum of local or private cash funding 30 required under this paragraph shall be: 20070H1590B2179 - 93 -
1 (A) the match required for the immediately 2 preceding fiscal year; and 3 (B) 5% of the amount under clause (A). 4 (iii) There is no maximum on the local or private 5 cash funding required under this paragraph. 6 (2) For financial assistance to a local transportation 7 organization, eligible local matching funds shall consist 8 only of cash contributions provided by one or more 9 municipalities or counties that are members of the local 10 transportation organization. The amount of the match and the 11 time period during which the match must continue to be 12 available shall be specified in the financial assistance 13 agreement. Funding provided by local and private entities, 14 including advertising or naming rights, may be eligible for 15 the match to the extent they provide for the cost of transit 16 service that is open to the public. The following shall not 17 be eligible for a local match: 18 (i) Any form of transit operating revenue or other 19 forms of transit income provided by the local 20 transportation organization. 21 (ii) Funds used to replace fares. 22 (3) A county or municipality in a metropolitan area 23 which is a member of a local transportation organization is 24 authorized to provide annual financial assistance from 25 current revenues to the local transportation organization of 26 which it is a member or enter into a long-term agreement for 27 payment of money to assist in defraying the costs of 28 operation, maintenance and debt service of the local 29 transportation organization or of a particular public 30 transportation project of a local transportation 20070H1590B2179 - 94 -
1 organization. The obligation of a municipality or county 2 under an agreement pursuant to this paragraph shall not be 3 considered to be a part of the indebtedness of the county or 4 municipality, nor shall the obligation be deemed to impair 5 the status of any indebtedness of the county or municipality 6 which would otherwise be considered self-sustaining. 7 (4) The following shall apply to the Southeastern 8 Pennsylvania Transportation Authority: 9 (i) The local match provided by each jurisdiction 10 shall be calculated by multiplying the total match 11 required for State funding by the total of route miles 12 provided in that jurisdiction as a percentage of the 13 total route miles operated in all jurisdictions. Where 14 appropriate, a transportation system may calculate the 15 local match by mode or division, or both. 16 (ii) The department shall suspend funding of any 17 capital project within any county that fails to meet its 18 required matching funds requirement under this 19 subsection, and a transportation system shall not expand 20 service into any county that fails to meet its required 21 matching funds under this subsection. During any time in 22 which a county fails to meet its required matching funds 23 under this subsection the county's representative on the 24 governing body of the transporting organization shall 25 become a nonvoting member of the governing body until 26 such time that the county meets its local matching 27 requirements. 28 (e) Performance reviews.-- 29 (1) The department may conduct performance reviews of an 30 award recipient that receives financial assistance under this 20070H1590B2179 - 95 -
1 section to determine the efficiency and effectiveness of the 2 financial assistance. Reviews shall be conducted at regular 3 intervals as established by the department in consultation 4 with the management of the award recipient. After completion 5 of a review, the department shall issue a report that: 6 (i) highlights exceptional performance and 7 identifies any problems that need to be resolved; 8 (ii) assesses performance, efficiency and 9 effectiveness of the use of the funds; 10 (iii) makes recommendations on what follow-up 11 actions are required to remedy each problem; and 12 (iv) provides an action plan documenting who should 13 perform the recommended actions and a time frame within 14 which they should be performed. 15 (2) The department shall deliver the report to the 16 Governor, to the Transportation Committee of the Senate and 17 to the Transportation Committee of the House of 18 Representatives. The department's regulations shall contain a 19 description of the impact on both the amount of, and future 20 eligibility for, receipt of financial assistance under this 21 chapter based upon the degree to which the local 22 transportation organization complies with the recommendations 23 in the report. The department shall develop a list of best 24 practices revealed by the reports issued under this 25 subsection and shall post them on the department's Internet 26 website. 27 (f) Performance criteria.--Criteria used for the reviews 28 conducted under subsection (e) shall consist of passengers per 29 revenue vehicle hour, operating costs per revenue vehicle hour, 30 operating revenue per revenue vehicle hour, operating costs per 20070H1590B2179 - 96 -
1 passenger and other items as the department may establish. The 2 department's regulations shall set forth the minimum system 3 performance criteria that an award recipient must satisfy. 4 (g) Failure to satisfy minimum performance criteria.--If a 5 performance review conducted under subsection (e) reveals: 6 (1) that the performance of an award recipient's 7 transportation system has decreased compared to performance 8 determined through a prior review, the department may, upon 9 the written request of an award recipient, waive any 10 requirement for a reduction in the amount of financial 11 assistance to be awarded under this section for a reasonable 12 time period to allow the award recipient to bring the system 13 back to the required performance level. The award recipient 14 shall provide written justification for providing a time 15 period longer than two years. In order to obtain the waiver 16 for the period requested, the award recipient must do all of 17 the following: 18 (i) Develop an action plan to improve system 19 performance that contains key measurable milestones. The 20 action plan must be acceptable to the department and must 21 be approved by the department in writing. 22 (ii) Submit quarterly progress reports on the action 23 plan to the department. 24 (2) The department shall review and evaluate the award 25 recipient's progress to determine if the system has improved. 26 If the system has improved, funding will be determined by the 27 formula under subsection (c), and the award recipient will be 28 eligible for full formula funding. If the system has not 29 improved at the end of the time period established for 30 improvement, the waiver will be withdrawn. Expenses incurred 20070H1590B2179 - 97 -
1 by the award recipient as a result of the failure of the 2 award recipient's system to meet the minimum performance 3 criteria shall be borne by the award recipient. 4 (h) Adjustments to minimum performance criteria.--Upon 5 written request of a recipient of financial assistance under 6 this section, the department may approve adjustments to the 7 minimum performance criteria described in subsection (g) in a 8 given year if situations arise that affect performance of the 9 award recipient's system and are out of the award recipient's 10 control. Examples are labor strikes, infrastructure failures and 11 natural disasters. The request must include the award 12 recipient's justification for the adjustment. 13 (i) Periodic review of formula.--The department, in 14 consultation with all award recipients, shall review the 15 distribution formula established under subsection (c) at least 16 once every three years and, prior to the start of the next 17 succeeding fiscal year, shall recommend adjustments it deems 18 appropriate. If an adjustment results in a change of five 19 percentage points or less in any category, the department shall 20 forward a notice of the change to the Legislative Reference 21 Bureau for publication in the Pennsylvania Bulletin, and the 22 change shall take effect at the commencement of the next fiscal 23 year. If an adjustment results in a change in excess of five 24 percentage points in any category, the change shall be 25 incorporated into the department's regulations by amendment and 26 shall take effect at the commencement of the next fiscal year 27 following promulgation of the amendment. 28 (j) Needs-based adjustment.--In order to allow an award 29 recipient that was receiving financial assistance under former 30 Chapter 13 (relating to public transportation assistance) prior 20070H1590B2179 - 98 -
1 to the effective date of this section to transition into the 2 funding formula established under subsection (c), the department 3 shall provide the award recipient, as part of the award under 4 this section, with a needs-based adjustment. The needs-based 5 adjustment shall be calculated by increasing the amount that the 6 award recipient received under Chapter 13 for operating expenses 7 and asset maintenance costs in the 2005-2006 fiscal year and 8 increasing the resulting amount by an adjustment factor to 9 assure a funding level consistent with the operating funding 10 needs as identified by the department. Funds remaining after the 11 needs-based adjustment is applied shall be set aside in an 12 operating reserve account to be used at the department's 13 discretion for short-term public passenger transportation needs. 14 The department's regulations shall establish the manner in which 15 the funds in the reserve account may be used. 16 (k) Growth caps.--Each fiscal year after the fiscal year in 17 which the department provides a needs-based adjustment under 18 subsection (i), the department shall determine the maximum 19 percentage increase that an award recipient shall be eligible to 20 receive for operating expenses in addition to an increase tied 21 to the inflation index amount. The maximum percentage increase 22 shall be capped at the inflation index rate of the award 23 recipient's transportation system's passengers per revenue hour, 24 or revenue per revenue vehicle hour performance, falls below 25 peer system average or if the operating cost per revenue hour or 26 operating cost per passenger exceeds the peer system average. 27 Notwithstanding the provisions of this subsection, money 28 available for financial assistance under this section shall at 29 all times be capped by the amount of money in the fund allocated 30 for the operating program. 20070H1590B2179 - 99 -
1 (l) Operating reserve.--The department may establish a 2 limitation on the amount of financial assistance awarded under 3 this section that may be carried over for use in subsequent 4 fiscal years. 5 (m) Certification.--The Commonwealth shall not provide 6 financial assistance to a municipality under this section unless 7 the municipality certifies the amount of its local match under 8 subsection (d). 9 § 1514. Asset improvement program. 10 (a) Eligible applicants.--A local transportation 11 organization, an agency or instrumentality of the Commonwealth, 12 an entity responsible for coordinating community transportation 13 program services, or any other person the department deems to be 14 eligible may apply to the department for financial assistance 15 under the asset improvement program. The department shall 16 develop and maintain four-year and twelve-year plans that 17 summarize the capital projects and financial assistance for 18 capital projects based upon cash flow and revenue projections 19 for the fund. 20 (b) Applications.--In addition to information required under 21 section 1507 (relating to application and approval process), an 22 application for financial assistance under this section shall 23 include the following: 24 (1) Evidence satisfactory to the department that the 25 proposed capital project is included in the first year of the 26 applicant's four-year capital program and its federally 27 approved Transportation Improvement Program. 28 (2) If an applicant is requesting financial assistance 29 for replacement of capital assets, evidence satisfactory to 30 the department that the capital assets to be replaced have 20070H1590B2179 - 100 -
1 exceeded the useful life criteria as defined by the 2 department. At its discretion, the department may approve 3 funding to replace capital assets that do not exceed the 4 useful life criteria if the applicant provides documentation 5 acceptable to the department to justify the early replacement 6 of the capital assets. 7 (3) If the applicant is requesting financial assistance 8 for expansion of capital assets, evidence satisfactory to the 9 department that the applicant will have sufficient future 10 annual operating funds to support the proposed expansion of 11 the assets. 12 (4) Any other information required by the department, 13 including a return on investment analysis or a life cycle 14 cost analysis, or both. 15 (c) Local match requirements.--Financial assistance under 16 this section shall be matched by local or private cash funding 17 in an amount not less than 20% of the amount of the financial 18 assistance. The source of funds for the local match shall be 19 subject to the requirements of section 1513(d) (relating to 20 operating program). Each capital project shall be based on the 21 plan approved by the department. 22 (d) Conditions for receipt of bond funding.--An applicant 23 may receive proceeds of Commonwealth capital bonds from the fund 24 for financial assistance under this section if all of the 25 following conditions are met: 26 (1) The applicant's project has been authorized by a 27 capital budget project itemization act. 28 (2) The applicant's project shall have been included in 29 the department's approved annual release request approving 30 the use of the funds for the proposed capital project in the 20070H1590B2179 - 101 -
1 fiscal year in which the funds are expected to be expended. 2 (3) The department shall have approved the underlying 3 application for the capital project. 4 (4) The project has a 20-year or longer useful life. 5 (e) Priorities.--The award of financial assistance under 6 this section shall be subject to the following set of priorities 7 in descending order of significance unless a compelling return 8 on investment analysis for a project in a lower significant 9 category is provided to and approved by the department: 10 (1) Funds required to support existing local bond issues 11 currently supported with State revenue sources, such as debt 12 service and asset leases. The Commonwealth pledges to and 13 agrees with any person, firm or corporation holding any bonds 14 previously issued by, or any other debt incurred by, a local 15 transportation organization, and secured in whole or part by 16 a pledge of the funds provided to the local transportation 17 organization from the Public Transportation Assistance Fund 18 established under Article XXIII of the Tax Reform Code, that 19 the Commonwealth will not limit or alter rights vested in a 20 local transportation organization in any manner inconsistent 21 with obligations of the local transportation organization to 22 the obligees of the local transportation organization until 23 all bonds previously issued or other debt incurred, together 24 with the interest thereon, is fully paid or provided for. 25 (2) Funds required to match federally approved capital 26 projects funded under 49 U.S.C. §§ 5307 (relating to 27 urbanized area formula grants) and 5309 (relating to capital 28 investment grants and loans) and other federally approved 29 capital projects. 30 (3) Other non-Federal capital projects as determined by 20070H1590B2179 - 102 -
1 the department, which shall be further subject to the 2 following set of priorities in descending order of 3 significance: 4 (i) Essential emergency asset improvement projects. 5 (ii) Standard replacement of existing assets that 6 have exceeded their useful life. 7 (iii) Asset improvement projects to extend the 8 useful life of the affected assets. 9 (iv) Acquisition of new assets and other acceptable 10 purposes, other than projects to be funded under the new 11 initiatives program, as determined by the department. 12 (f) Bonding by award recipients.--With the approval of the 13 department, an award recipient that is allowed by its enabling 14 statute to issue bonds may do so for the purpose of financing a 15 multiyear capital project. The bonds shall be issued in 16 accordance with the provisions of the award recipient's enabling 17 statute. The department shall enter into an agreement with the 18 award recipient providing that payments of the capital funds 19 sufficient to satisfy requirements of the bonds issued be made 20 directly to the trustee and bond holders until such time as the 21 bonds are retired. 22 (g) Certification.--The Commonwealth shall not provide 23 financial assistance to a municipality under this section unless 24 the municipality certifies the amount of its local match under 25 subsection (c). 26 § 1515. New initiatives program. 27 (a) Eligible applicants.--Persons eligible to apply for 28 financial assistance under the asset improvement program shall 29 also be eligible to apply for financial assistance under the new 30 initiatives program. 20070H1590B2179 - 103 -
1 (b) Applications.--In addition to the information required 2 under section 1507 (relating to application and approval 3 process), an application for financial assistance under this 4 section shall include all of the information required in an 5 application for financial assistance under section 1514 6 (relating to asset improvement program). If the application is 7 for a proposed expansion of a capital asset, the application 8 shall also contain evidence satisfactory to the department that 9 the applicant will have sufficient future annual operating funds 10 to support the proposed expansion. 11 (c) Limitation.--In making awards of financial assistance 12 under this section, the department shall give priority to 13 applicants that intend to use the funds in satisfaction of the 14 local matching portion of federally approved projects funded 15 pursuant to 49 U.S.C. § 5309 (relating to capital investment 16 grants and loans). The department may fund projects that do not 17 receive funding from the Federal New Starts Program if the 18 applicant can provide sufficient justification that the project 19 can meet all of the following requirements: 20 (1) Investments in existing service areas have been 21 optimized. 22 (2) An analysis reveals a reasonable return on 23 investment. 24 (3) Identification of the public benefit of the project. 25 (4) Required local funds are available to pay any 26 required local match for the project and ongoing operating 27 costs. 28 (5) There exists local technical ability and capacity to 29 manage, construct and operate the project. 30 (6) The project is supported by the adoption of an 20070H1590B2179 - 104 -
1 integrated land use plan by local municipalities. 2 (d) Local match requirements.--Financial assistance under 3 this section shall be matched by local or private cash funding 4 in an amount not less than 100% of the amount of the grant. The 5 source of funds for the local match shall be subject to the 6 requirements of section 1513(d) (relating to operating program). 7 (e) Certification.--The Commonwealth shall not provide 8 financial assistance to a municipality under this section unless 9 the municipality certifies the amount of its local match under 10 subsection (d). 11 § 1516. Programs of Statewide significance. 12 (a) General rule.--Money in the fund allocated for programs 13 of Statewide significance shall be used by the department to 14 support public transportation programs, activities and services 15 not otherwise fully funded through the operating program, 16 capital program or asset improvement program. These include the 17 following: 18 (1) The Persons with Disabilities Program. 19 (2) Intercity and commuter rail and bus services. 20 (3) Community transportation capital and service 21 stabilization. 22 (4) The Welfare to Work Program and matching funds for 23 Federal programs with similar intent. 24 (5) Demonstration and research projects. 25 (6) Technical assistance. 26 (7) (Reserved). 27 (8) (Reserved). 28 (9) (Reserved). 29 (10) (Reserved). 30 (11) Other public passenger transportation programs 20070H1590B2179 - 105 -
1 initiated by the department. 2 (b) Persons with disabilities.--The department shall 3 establish and administer a program providing reduced fares to 4 persons with disabilities on community transportation services 5 and to provide financial assistance for start-up, administrative 6 and capital expenses related to reduced fares for persons with 7 disabilities. All of the following shall apply: 8 (1) A community transportation system operating in the 9 Commonwealth other than in counties of the first and second 10 class may apply for financial assistance under this 11 subsection. 12 (2) The department may award financial assistance under 13 this subsection for program start-up and for continuing 14 capital expenses to offset administrative and capital 15 expenses. For community transportation trips made by eligible 16 persons with disabilities, financial assistance may be 17 awarded to an eligible community transportation system to 18 reimburse the system for up to 85% of the fare established 19 for the general public for each trip which is outside of a 20 fixed-route and paratransit service areas and not eligible 21 for funding from any other program or funding source. The 22 person making the trip or an approved third-party sponsor 23 shall contribute the greater of 15% of the fare established 24 for the general public or the Americans with Disabilities Act 25 complementary paratransit fare. 26 (c) Intercity transportation.--The department is authorized 27 to provide financial support for an efficient and coordinated 28 intercity common carrier surface transportation program, 29 consisting of both intercity rail and intercity bus 30 transportation, with the intent of sustaining strong intercity 20070H1590B2179 - 106 -
1 connections. All of the following shall apply: 2 (1) An intercity passenger rail service provider, a 3 local transportation organization, an agency or 4 instrumentality of the Commonwealth and a transportation 5 company that provides intercity public transportation service 6 may apply for financial assistance under this subsection. The 7 department is authorized to enter into joint service 8 agreements with a railroad company, any other agency or 9 instrumentality of the Commonwealth, a Federal agency or an 10 agency or instrumentality of any other jurisdiction relating 11 to property, buildings, structures, facilities, services, 12 rates, fares, classifications, dividends, allowances or 13 charges, including charges between intercity rail passenger 14 service facilities, or rules or regulations pertaining 15 thereto, for or in connection with or incidental to 16 transportation in whole or in part upon intercity rail 17 passenger service facilities. 18 (2) Operating assistance and capital assistance may be 19 provided for intercity bus and rail services as determined by 20 the department. 21 (3) For financial assistance to a transportation 22 company, eligible matching funds shall consist only of cash 23 income generated by the transportation company from its 24 activities, other than the provision of public passenger 25 transportation service, and contributed by the transportation 26 company in the amount and for the time period specified in 27 the financial assistance agreement. 28 (4) Local match requirements are as follows: 29 (i) For intercity bus operating and capital 30 assistance, the department shall require a local match by 20070H1590B2179 - 107 -
1 local or private cash funding in an amount equal to 100% 2 of the amount of the financial assistance being provided. 3 (ii) For intercity rail operating and capital 4 assistance, the department shall require a local match on 5 a case-by-case basis, taking into account the best 6 interests of the Commonwealth. 7 (5) For purposes of this subsection, "local match" is 8 defined as local revenue obtained from other nonsubsidized 9 services, such as charter, school bus or profits realized 10 from other intercity bus services. Local match shall not 11 include any funds received from Federal or State sources. 12 (d) Community transportation.-- 13 (1) The department is authorized to provide financial 14 assistance under this section for all of the following: 15 (i) Capital expenditures for the provision of 16 community transportation service. 17 (ii) To stabilize current service and fares. 18 (iii) To provide advice or technical assistance to 19 analyze and enhance community transportation system 20 resources and services. 21 (iv) To maximize available funding including Federal 22 dollars. 23 (v) To ensure equitable cost sharing. 24 (2) The governing body of a county, other than a county 25 of the first or second class, or a transportation company 26 designated by the governing body of the county as the 27 coordinator of community transportation service, and an 28 agency or instrumentality of the Commonwealth may apply for 29 financial assistance under this subsection subject to all of 30 the following: 20070H1590B2179 - 108 -
1 (i) An applicant for financial assistance for 2 capital expenditures for the provision of public 3 community transportation service shall certify to the 4 department that it has taken all reasonable steps to 5 coordinate local service for the elderly and persons with 6 disabilities and that the services to be offered with the 7 capital assets do not duplicate existing fixed-route 8 services. 9 (ii) The governing body of a county or the 10 coordinator described under this paragraph shall not be 11 eligible for financial assistance for service 12 stabilization if any of the following apply: 13 (A) The coordinator receives financial 14 assistance under the operating program established 15 under this chapter. 16 (B) The coordinator is a private for-profit 17 provider. 18 (3) Financial assistance for service stabilization may 19 only be provided for the following purposes: 20 (i) Short-term, long-term and strategic planning. 21 (ii) Technology investment. 22 (iii) Training programs designed to enhance 23 transportation management and staff expertise. 24 (iv) Offsetting operating expenses that cannot be 25 covered by fare revenue due to emergencies. 26 (v) Marketing activities. 27 (vi) Other stabilization purposes approved by the 28 department. 29 (4) The department shall give high priority to providing 30 financial assistance under this subsection as match for 20070H1590B2179 - 109 -
1 Federal funding to support capital projects for community 2 transportation systems. 3 (5) The department shall conduct a study to evaluate the 4 effectiveness and efficiency of community transportation 5 service delivery as it relates to human service programs. The 6 Department of Public Welfare, the Office of the Budget and 7 the Department of Aging and other appropriate Commonwealth 8 agencies identified by the department shall participate and 9 fully support the study to achieve the intended purposes. 10 Within two years following the effective date of this 11 section, these agencies shall make recommendations to the 12 Governor and the Majority and Minority chairpersons of the 13 Transportation Committee of the Senate and the Majority and 14 Minority chairpersons of the Transportation Committee of the 15 House of Representatives for improving coordination and 16 efficiency of human services and community transportation. 17 (e) Welfare-to-work and Federal programs match.--The 18 department is authorized to provide financial assistance under 19 this section to design and implement projects and services and 20 to reimburse award recipients for the expenses associated with 21 the projects and services that identify and address public 22 passenger transportation and related barriers preventing 23 individuals eligible for participation in the Federal welfare- 24 to-work program from securing and maintaining employment and 25 from accessing community services and facilities. All of the 26 following shall apply: 27 (1) A local transportation organization, a 28 transportation company designated by a county as the 29 coordinator of community transportation services and any 30 other person approved by the department may apply to the 20070H1590B2179 - 110 -
1 department for financial assistance under this subsection. 2 (2) Financial assistance awarded under this subsection 3 shall be used for any of the following purposes: 4 (i) Fixed-route service subsidy. 5 (ii) Contracted transportation services. 6 (iii) Fixed-route fare discounts. 7 (iv) Community transportation fare discounts. 8 (v) Taxi fare discounts. 9 (vi) Mileage reimbursement. 10 (vii) Vehicle purchase, insurance, maintenance and 11 repair. 12 (viii) Driver education classes. 13 (ix) Administrative expenses. 14 (x) Case management expenses. 15 (xi) Any other activities consistent with the 16 transportation related elements of the welfare-to-work 17 program. 18 (3) The department shall give high priority to providing 19 financial assistance under this subsection as match for 20 Federal funding to support projects with similar purposes and 21 eligible uses, including the Federal Job Access Reverse 22 Commute and New Freedoms programs. 23 (f) Technical assistance and demonstration.--The department 24 is authorized to provide financial assistance under this section 25 for technical assistance, research and short-term demonstration 26 projects. All of the following shall apply: 27 (1) A local transportation organization or an agency or 28 instrumentality of the Commonwealth may apply to the 29 department for financial assistance under this subsection. 30 (2) Financial assistance provided under this subsection 20070H1590B2179 - 111 -
1 may be used for reimbursement for any approved operating or 2 capital costs related to technical assistance and 3 demonstration program projects. Financial assistance for 4 short-term demonstration projects may be provided at the 5 department's discretion on an annual basis based on the level 6 of financial commitment provided by the award recipient to 7 provide ongoing future funding for the project as soon as the 8 project meets the criteria established by the department and 9 the award recipient. Financial assistance for this purpose 10 shall not be provided for more than three fiscal years. 11 Financial assistance may be provided to meet any short-term 12 emergency need that requires immediate attention and cannot 13 be funded through other sources. 14 (3) Financial assistance under this subsection provided 15 to a local transportation organization shall be matched by 16 local or private cash funding in an amount not less than 3 17 1/3% of the amount of the financial assistance being 18 provided. The sources of funds for the local match shall be 19 subject to the requirements of section 1513(d) (relating to 20 operating program). 21 § 1517. Program oversight and administration. 22 The department is authorized to use available money in the 23 fund to cover the costs incurred by the department in 24 administering all of its public passenger transportation funding 25 programs, including those established under this chapter, and 26 incurred in the carrying out of its responsibilities with 27 respect to the programs. 28 § 1518. Retroactive authority. 29 (a) Date of project.--Financial assistance may be awarded 30 under this chapter by the department with reference to an 20070H1590B2179 - 112 -
1 appropriate project irrespective of when it was first commenced 2 or considered and regardless of whether costs with respect to 3 the project were incurred prior to the time the financial 4 assistance is applied for or provided. 5 (b) Capital projects.-- 6 (1) For capital projects, the applicant must obtain 7 approval in writing from the department prior to incurring 8 any expenses for which the applicant may later seek 9 reimbursement. 10 (2) Notwithstanding paragraph (1), approval by the 11 department shall not constitute an approval of the 12 applicant's underlying request for financial assistance. 13 (3) By providing preapproval under this subsection, the 14 department may recognize any local funds already expended as 15 satisfying the local match requirement if and when the 16 applicant's application is approved. 17 Section 2.1. Sections 1713(a) and 1715(a) of Title 74 are 18 amended to read: 19 § 1713. Appointment of board members. 20 (a) Appointment.--Except as provided in subsection (d) with 21 respect to the continuation in office of members of the board of 22 any authority established under the former provisions of Article 23 III of the act of January 22, 1968 (P.L.42, No.8), known as the 24 Pennsylvania Urban Mass Transportation Law, or the former 25 provisions of Chapter 15 (relating to metropolitan 26 transportation authorities), at any time after the effective 27 date of this chapter: 28 (1) The Governor may appoint as a member of the board 29 one person who may be an ex officio appointee from among the 30 various officials in this Commonwealth and whose term as a 20070H1590B2179 - 113 -
1 board member shall run concurrently with that of his 2 Commonwealth position, if any, or the term of the appointing 3 Governor, whichever is shorter. 4 (2) The Majority Leader and the Minority Leader of the 5 Senate and the Majority Leader and the Minority Leader of the 6 House of Representatives may each appoint one person to serve 7 as a board member, whose term shall be concurrent with the 8 term and who shall serve at the pleasure of the appointing 9 legislative leader. 10 (3) The county commissioners or the county council in 11 each county and, in any county of the first class containing 12 a city of the first class, the mayor, with the approval of 13 the city council, may appoint [two] persons from each county 14 to serve as board members[.] as follows: 15 (i) Two members for counties which contribute less 16 than 7.5% of total local match required for State 17 operating financial assistance. 18 (ii) Three members for counties which contribute at 19 least 7.5% but less than 25% of total local match 20 required for State operating financial assistance. 21 (iii) Four members for counties which contribute at 22 least 25% of total local match required for State 23 operating financial assistance. 24 (4) On the effective date of this paragraph, any county 25 which has a member of the board in excess of the number 26 allotted under paragraph (3) will lose an appointment to the 27 board upon the expiration of the term of the member whose 28 term expires next, or if there is a vacancy, may not appoint 29 a person to fill the vacancy. 30 (5) The Secretary of Budget shall be a nonvoting member. 20070H1590B2179 - 114 -
1 (6) The Secretary of Transportation or his deputy 2 secretary shall be a nonvoting member. 3 (7) Each member appointed by a county shall have a 4 professional background expertise or substantial experience 5 in one or more of the following areas: 6 (i) Transportation. 7 (ii) Finance. 8 (iii) Law. 9 (iv) Tourism. 10 (v) Ridership community groups. 11 (vi) Land use and urban planning. 12 * * * 13 § 1715. Meetings, quorum, officers and records. 14 (a) Meetings.--Regular meetings of the board shall be held 15 in the metropolitan area at least once in each calendar month 16 except July or August, the time and place of the meetings to be 17 fixed by the board. A majority of the board shall constitute a 18 quorum for the transaction of business. All action of the board 19 shall be by resolution, and the affirmative vote of a majority 20 of all the members shall be necessary for the adoption of any 21 resolution. No action by the board to which an express objection 22 has been made, under this section, by a board member or members 23 representing a county or counties having one-third or more of 24 the population of the metropolitan area, as determined by the 25 most recent decennial census, shall be carried unless supported 26 at a subsequent regular meeting of the board by the votes of at 27 least [three-quarters] 70% of the voting membership of the 28 board. In case of disagreement between members representing the 29 same county, each member shall be deemed to represent [one-half] 30 an equal proportion of the population of that county. 20070H1590B2179 - 115 -
1 * * * 2 Section 2.2. Title 74 is amended by adding a chapter to 3 read: 4 CHAPTER 81 5 TURNPIKE 6 Sec. 7 8101. Scope of chapter. 8 8102. Definitions. 9 8103. (Reserved). 10 8104. Status of turnpike revenue bonds, notes or other 11 obligations. 12 8105. Commission. 13 8106. Exercise of commission powers. 14 8107. Commission powers and duties. 15 8108. Expenses and bonding of commission members. 16 8109. Acquisition of property rights by commission. 17 8110. Procedural requirements of acquisition. 18 8111. Entry and possession of property condemned. 19 8112. Issuance of turnpike revenue bonds or other 20 obligations. 21 8113. Obligation proceeds restricted and lien created. 22 8114. Trust indenture authorized. 23 8115. Commission and obligations tax exempt. 24 8116. Collection and disposition of tolls and other revenue. 25 8116.1. Electronic toll collection. 26 8117. Refunding bonds. 27 8118. Rights of obligation holders and trustees. 28 8119. Authority granted to secretary. 29 8120. Construction of chapter. 30 § 8101. Scope of chapter. 20070H1590B2179 - 116 -
1 This chapter relates to turnpike organization, extension and 2 toll road conversion. 3 § 8102. Definitions. 4 The following words and phrases when used in this chapter 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Commission." The Pennsylvania Turnpike Commission. 8 "Cost of the turnpikes." The term includes the cost of: 9 (1) Constructing turnpikes, connecting roads, storm 10 water management systems, tunnels and bridges. 11 (2) Lands, property rights, rights-of-way, easements and 12 franchises acquired by purchase or other means deemed 13 necessary or convenient for construction. 14 (3) Machinery and equipment, financing charges and 15 interest prior to construction, during construction and for 16 one year after completion of construction. 17 (4) Traffic estimates, engineering and legal expenses, 18 plans, specifications, surveys, cost and revenue estimates, 19 other expenses necessary or incident to determining the 20 feasibility or practicability of the enterprise, 21 administrative and legal expense and other expenses as may be 22 necessary or incident to financing authorized in this 23 chapter. 24 (5) Condemnation or other means of acquisition of 25 property necessary for the construction and operation. 26 (6) An obligation or expense contracted for by the 27 commission with the department or with the United States or a 28 Federal agency for any of the following: 29 (i) Traffic surveys, preparation of plans and 30 specifications, supervision of construction and other 20070H1590B2179 - 117 -
1 engineering and administrative and legal services and 2 expenses in connection with the construction of the 3 turnpike or any of the connecting roads, storm water 4 management systems, tunnels and bridges. 5 (ii) Costs of reimbursing the Federal Government 6 pursuant to the mandates of the Federal law for Federal 7 funds expended for interstate or other highways which are 8 to be made part of the turnpike system pursuant to this 9 chapter. 10 "Department." The Department of Transportation of the 11 Commonwealth. 12 "Electronic toll collection." A system of collecting tolls 13 or charges that is capable of charging an account holder for the 14 prescribed toll by electronic transmission of information 15 between a device on a vehicle and a device in a toll lane at a 16 toll collection facility. 17 "Lessee." A person, corporation, firm, partnership, agency, 18 association or organization that rents, leases or contracts for 19 the use of a vehicle and has exclusive use of the vehicle for 20 any period of time. 21 "Lessor." A person, corporation, firm, partnership, agency, 22 association or organization engaged in the business of renting 23 or leasing vehicles to any lessee under a rental agreement, 24 lease or other agreement under which the lessee has the 25 exclusive use of the vehicle for any period of time. 26 "Operator." An individual that uses or operates a vehicle 27 with or without permission of the owner. 28 "Owner." Except as provided under section 8116.1(e) 29 (relating to electronic toll collection), an individual, 30 copartnership, association or corporation having title or 20070H1590B2179 - 118 -
1 interest in a property right, easement or franchise authorized 2 to be acquired under this chapter. 3 "Secretary." The Secretary of Transportation of the 4 Commonwealth. 5 "Toll road conversion." The inclusion within the turnpike 6 system and the imposition of tolls on the system of a highway 7 that is presently toll free. 8 "Turnpikes." Any of the following: 9 (1) The turnpike, turnpike extensions and turnpike 10 improvements. 11 (2) Toll-free roads to be converted to toll roads under 12 this chapter. 13 (3) Related storm water management systems, tunnels and 14 bridges, property rights, easements and franchises deemed 15 necessary or convenient for the construction or the operation 16 of the turnpike, turnpike extension, turnpike improvement and 17 toll-free roads. 18 "Vehicle." The term as it is defined under 75 Pa.C.S. § 102 19 (relating to definitions). 20 "Violation enforcement system." A vehicle sensor, placed in 21 a location to work in conjunction with a toll collection 22 facility, which automatically produces a videotape or 23 photograph, microphotograph or other recorded image of the rear 24 portion of each vehicle at the time the vehicle is used or 25 operated in violation of the toll collection regulations. The 26 term includes any other technology which identifies a vehicle by 27 photographic, electronic or other method. 28 § 8103. (Reserved). 29 § 8104. Status of turnpike revenue bonds, notes or other 30 obligations. 20070H1590B2179 - 119 -
1 (a) General rule.--The turnpike revenue bonds, notes or 2 other obligations issued under the provisions of this chapter 3 shall not be deemed to be a debt of the Commonwealth or a pledge 4 of the faith and credit of the Commonwealth, but bonds, notes or 5 other obligations shall be payable solely from the revenues of 6 the commission, including tolls, or from funds as may be 7 available to the commission for that purpose. 8 (b) Statement required.--All bonds, notes or other 9 obligations shall contain a statement on their face that the 10 Commonwealth is not obligated to pay the same or the interest 11 thereon except from revenues of the commission, including tolls, 12 or from funds as may be available to the commission for that 13 purpose and that the faith and credit of the Commonwealth is not 14 pledged to the payment of the principal or interest of the 15 bonds, notes or other obligations. 16 (c) Pledge of Commonwealth prohibited.--The issuance of 17 turnpike revenue bonds, notes or other obligations under the 18 provisions of this chapter shall not directly or indirectly or 19 contingently obligate the Commonwealth to levy or to pledge any 20 form of taxation or to make any appropriation for their payment. 21 § 8105. Commission. 22 (a) Members.-- 23 (1) Notwithstanding any other law to the contrary, 24 vacancies in the membership of the commission on or after the 25 effective date of this subsection shall be filled as follows: 26 (i) The first vacancy shall be filled by a member to 27 be appointed by the Majority Leader of the Senate. 28 (ii) The second vacancy shall be filled by a member 29 to be appointed by the Minority Leader of the Senate. 30 (iii) The succeeding two vacancies shall be filled 20070H1590B2179 - 120 -
1 by members to be appointed by the Governor. 2 (2) Paragraph (1) shall apply to a vacancy on the 3 commission which has occurred for any reason, but only as to 4 a member serving on the effective date of this subsection. 5 (3) Notwithstanding any other law to the contrary, the 6 Majority Leader of the House of Representatives and the 7 Minority Leader of the House of Representatives shall each 8 appoint one additional member to serve on the commission. 9 (4) A vacancy occurring during the term of a member 10 appointed in accordance with this subsection shall be filled 11 in a like manner only for the unexpired appointive term of 12 the member whose office has become vacant. 13 (5) Members appointed under the provisions of this 14 subsection shall serve for a term of four years. Upon the 15 expiration of this term, an appointed member may continue to 16 hold office for 90 days or until a successor shall be duly 17 appointed and qualified, whichever period is shorter, but 18 shall not continue to hold office thereafter unless 19 reappointed in accordance with law. 20 (6) Vacancies filled under paragraph (1) and subsequent 21 appointments made to the commission shall be without the 22 advice and consent of the Senate. 23 (a.1) Advisory committee.-- 24 (1) There is hereby established a Pennsylvania Turnpike 25 Advisory Committee, which shall be composed of the following 26 members: 27 (i) The Secretary of Community and Economic 28 Development. 29 (ii) The Secretary of Revenue. 30 (iii) The State Treasurer. 20070H1590B2179 - 121 -
1 (iv) The chairman and minority chairman of the 2 Transportation Committee of the Senate. 3 (v) The chairman and minority chairman of the 4 Transportation Committee of the House of Representatives. 5 (vi) Eight members of the public representing the 6 area of concern specified who shall have extensive 7 experience and knowledge of transportation activities 8 throughout this Commonwealth to be appointed by the 9 Governor as follows: 10 (A) Two representatives of the engineering 11 community who are licensed and registered pursuant to 12 the act of May 23, 1945 (P.L.913, No.367), known as 13 the Engineer, Land Surveyor and Geologist 14 Registration Law. 15 (B) Two representatives from the highway 16 construction industry who have at least five years of 17 highway construction and planning experience. 18 (C) Two representatives from organized labor 19 unions. 20 (D) One member who shall be a certified public 21 accountant. 22 (E) One member from the general public with at 23 least five years of experience in transportation 24 finance and infrastructure. 25 (2) Each of the members of the committee may designate a 26 representative to serve in his stead. A member who designates 27 a representative shall notify the chairman in writing of the 28 designation. 29 (3) The term of all members of the committee appointed 30 by the Governor shall be for three years. Any member of the 20070H1590B2179 - 122 -
1 committee may be reappointed for no more than two full 2 successive terms. Any person appointed to fill a vacancy 3 occurring prior to the expiration of the term to which his 4 predecessor was appointed shall serve only for the unexpired 5 term. Each member shall serve until the appointment of a 6 successor. 7 (4) (i) The committee shall meet at least four times 8 every 12 months, but may hold such additional meetings as 9 are called by the chairman. The chairman shall provide 10 notice at least 14 days in advance for regular meetings 11 and provide a minimum of three days' notice for special 12 meetings. A majority of the appointed members shall 13 constitute a quorum for the conduct of business. 14 (ii) Minutes of meetings shall be prepared by the 15 secretary and filed with the committee and distributed to 16 all members. All records shall be a matter of public 17 record. 18 (iii) The public members of the committee shall be 19 allowed reasonable per diem expenses as established and 20 paid for by the commission. The commission shall provide 21 appropriate staff support to enable the committee to 22 properly carry out its functions. 23 (5) The committee shall have the power and duty to 24 consult and advise the Pennsylvania Turnpike Commission in 25 assisting in developing, operating and financing tolled 26 interstate systems within this Commonwealth in a timely, 27 efficient and cost-effective manner. Specifically, the 28 committee shall have the authority to conduct a study on the 29 feasibility of instituting toll collections on major 30 interstates that pass through the State. 20070H1590B2179 - 123 -
1 (6) The committee shall submit an annual report of its 2 deliberations and conclusions to the Governor and members of 3 the General Assembly by November 30 of each year. 4 (7) The Governor shall appoint one member of the 5 committee as chairperson. The members of the committee shall 6 annually elect a vice chairperson, a secretary and a 7 treasurer from among the members appointed to the committee. 8 (b) Secretary of Transportation.--The provisions of 9 subsection (a.1) shall not apply to the appointment of the 10 secretary who shall continue to be appointed and to serve as a 11 member of the commission ex officio in accordance with law. 12 (c) Chairman.--A majority of the members of the commission 13 shall elect a member of the commission to serve as chairman. 14 Upon the appointment and qualification of any new member to 15 serve on the commission, the office of chairman, and the 16 positions of all other officers created by law, shall be deemed 17 vacant and a new chairman and other officers shall be elected by 18 a majority of the members of the commission. 19 (d) Actions by the commission.--Notwithstanding any other 20 law, court decision, precedent or practice to the contrary, any 21 and all actions by or on behalf of the commission shall be taken 22 solely upon the approval of a majority of the members to the 23 commission. A majority of the members of the commission shall 24 mean five members of the commission. The term "actions by or on 25 behalf of the commission" means any action whatsoever of the 26 commission, including, but not limited to, the hiring, 27 appointment, removal, transfer, promotion or demotion of any 28 officers and employees; the retention, use or remuneration of 29 any advisors, counsel, auditors, architects, engineers or 30 consultants; the initiation of any legal action; the making of 20070H1590B2179 - 124 -
1 any contracts, leases, agreements, bonds, notes or covenants; 2 the approval of requisitions, purchase orders, investments and 3 reinvestments; and the adoption, amendment, revision or 4 rescission of any rules and regulations, orders or other 5 directives. The chairman, vice chairman or any other officer or 6 employee of the commission may take no action by or on behalf of 7 the commission except as expressly authorized by a majority of 8 the members of the commission. 9 (e) Compensation.--The annual salary of the Chairman of the 10 Pennsylvania Turnpike Commission shall be $28,500, and the 11 annual salary of the remaining members of the Pennsylvania 12 Turnpike Commission shall be $26,000. These salaries shall be 13 paid in equal installments every other week. 14 § 8106. Exercise of commission powers. 15 The exercise by the commission of the powers conferred by 16 this chapter in the construction, operation and maintenance of 17 the turnpikes and in effecting toll road conversions shall be 18 deemed and held to be an essential governmental function of the 19 Commonwealth. 20 § 8107. Commission powers and duties. 21 (a) Powers and duties of commission.--The commission may: 22 (1) Maintain a principal office at a place designated by 23 the commission. 24 (2) Contract and be contracted within its own name. 25 (3) Sue and be sued in its own name, plead and be 26 impleaded. Any civil action against the commission shall be 27 brought only in the courts in which actions may be brought 28 against the Commonwealth. 29 (4) Have an official seal. 30 (5) Make necessary rules and regulations for its own 20070H1590B2179 - 125 -
1 government and in control of traffic. 2 (6) Acquire, hold, accept, own, use, hire, lease, 3 exchange, operate and dispose of personal property, real 4 property and interests in real property and make and enter 5 into all contracts and agreements necessary or incidental to 6 the performance of its duties and the execution of its powers 7 under this chapter and employ engineering, traffic, 8 architectural and construction experts and inspectors, 9 attorneys and other employees as may in its judgment be 10 necessary and fix their compensation. 11 (7) (i) Provide grade separations at its own expense 12 with respect to all public roads, State highways and 13 interstate highways intersected by the turnpikes and to 14 change and adjust the lines and grades thereof so as to 15 accommodate the same to the design for grade separation. 16 (ii) The damages incurred in changing and adjusting 17 the lines and grades of public roads, State highways and 18 interstate highways shall be ascertained and paid by the 19 commission in accordance with 26 Pa.C.S. (relating to 20 eminent domain). 21 (iii) If the commission shall find it necessary to 22 provide a grade separation or change the site of any 23 portion of any interstate highway, State highway or 24 public road, or vacate the same, the commission shall 25 cause it to be reconstructed and restored at the 26 commission's expense on the most favorable location and 27 in as satisfactory a manner as the original road or 28 vacate it as the case may be. 29 (iv) The method of acquiring the right-of-way and 30 determining damages incurred in changing the location of 20070H1590B2179 - 126 -
1 or vacating the road, State highway or interstate highway 2 shall be ascertained and paid for in accordance with 26 3 Pa.C.S. 4 (8) Petition the court of common pleas of the county in 5 which any public road or part thereof is located and affected 6 by the location of the turnpikes, for the vacation, 7 relocation or supply of the same or any part thereof with the 8 same force and effect as is now given by existing laws to the 9 inhabitants of any township or the county, and the 10 proceedings upon petition, whether for the appointment of 11 viewers or otherwise, shall be the same as provided by 12 existing law for similar proceedings upon the petitions. 13 (9) Have all of the powers and perform all the duties 14 prescribed by the act of May 21, 1937 (P.L.774, No.211), 15 referred to as the Pennsylvania Turnpike Commission Act. 16 (b) Maintenance to be paid out of tolls.-- 17 (1) The turnpike extensions and improvements and the 18 conversion of toll-free roads to toll roads when completed 19 and open to traffic shall be maintained and repaired by and 20 under the control of the commission. 21 (2) All charges and costs for the maintenance and 22 repairs actually expended by the commission shall be paid out 23 of tolls. 24 (3) The turnpike, the turnpike extensions and 25 improvements and the toll-free roads converted to toll roads 26 shall also be policed and operated by a force of police, toll 27 takers and other operating employees as the commission may in 28 its discretion employ. 29 § 8108. Expenses and bonding of commission members. 30 (a) Payment of expenses.--All compensation and salaries and 20070H1590B2179 - 127 -
1 all expenses incurred in carrying out the provisions of this 2 chapter shall be paid solely from funds provided under the 3 authority of this chapter, and no liability or obligation shall 4 be incurred under this chapter beyond the extent to which money 5 shall have been provided under the authority of this chapter. 6 (b) No additional bond required.--The issuance of any 7 turnpike revenue bonds, notes or other obligations under the 8 provisions of this chapter shall not cause any member of the 9 commission to be required to execute a bond that a member of the 10 commission is not otherwise required to execute. 11 § 8109. Acquisition of property rights by commission. 12 (a) Condemnation.--The commission may condemn, pursuant to 13 26 Pa.C.S. (relating to eminent domain), any lands, interests in 14 lands, property rights, rights-of-way, franchises, easements and 15 other property deemed necessary or convenient for the 16 construction and efficient operation of the turnpikes and the 17 toll road conversions or necessary in the restoration or 18 relocation of public or private property damaged or destroyed. 19 (b) Purchase.-- 20 (1) The commission may acquire by purchase, whenever it 21 shall deem the purchase expedient, or otherwise accept if 22 dedicated to it, any lands, interests in lands, property 23 rights, rights-of-way, franchises, easements and other 24 property deemed necessary or convenient for the construction 25 and efficient operation of the turnpikes and toll road 26 conversions or necessary in the restoration of public or 27 private property damaged or destroyed, whether the property 28 has been previously condemned or otherwise, upon terms and at 29 a price as may be considered by the commission to be 30 reasonable and can be agreed upon between the commission and 20070H1590B2179 - 128 -
1 the owner thereof and to take title thereto in the name of 2 the commission. 3 (2) The net proceeds of the purchase price payable to a 4 municipality or the department for any real property or 5 interest therein obtained by the commission pursuant to this 6 chapter, less the cost of retiring any bonded indebtedness on 7 the property or interest, shall be used exclusively, in the 8 case of a municipality, for road-related and bridge-related 9 expenses and, in the case of the department, for highway and 10 bridge construction, reconstruction and maintenance in the 11 same engineering and maintenance district in which the 12 property is located. 13 § 8110. Procedural requirements of acquisition. 14 (a) Title.--Title to any property condemned by the 15 commission shall be taken in the name of the commission. 16 (b) Entry.-- 17 (1) In addition to any others powers set forth in this 18 chapter, the commission and its authorized agents and 19 employees may enter upon any lands, waters and premises in 20 this Commonwealth for the purpose of making surveys, 21 soundings, drillings and examinations, as it may deem 22 necessary or convenient for the purpose of this chapter. 23 (2) The entry shall not be deemed a trespass, nor shall 24 an entry for the purposes be deemed an entry under any 25 condemnation proceedings which may be then pending. 26 (3) The commission shall make reimbursement for any 27 actual damages resulting to the lands, waters and premises as 28 a result of the activities. 29 (c) Restoration of property.--Any public or private property 30 damaged or destroyed in carrying out the powers granted by this 20070H1590B2179 - 129 -
1 chapter shall be restored or repaired and placed in its original 2 condition as nearly as practicable or adequate compensation made 3 for the property out of funds provided under the authority of 4 this chapter. 5 (d) Powers of public bodies.--Notwithstanding any other 6 provision of law to the contrary, a political subdivision and a 7 public agency and commission of the Commonwealth may lease, 8 lend, dedicate, grant, convey or otherwise transfer to the 9 commission, upon its request, upon terms and conditions as the 10 proper authorities of the political subdivisions or public 11 agencies and commissions of the Commonwealth may deem reasonable 12 and fair and without the necessity for any advertisement, order 13 of court or other action or formality, other than the regular 14 and formal action of the authorities concerned, any real 15 property which may be necessary or convenient to the 16 effectuation of the authorized purposes of the commission, 17 including public roads and other real property already devoted 18 to public use. 19 § 8111. Entry and possession of property condemned. 20 Whenever the commission has condemned any lands, rights, 21 rights-of-way, easements and franchises, or interests therein, 22 as provided in this chapter, the commission may proceed to 23 obtain possession in the manner provided by 26 Pa.C.S. (relating 24 to the eminent domain). 25 § 8112. Issuance of turnpike revenue bonds or other 26 obligations. 27 (a) Authorization.-- 28 (1) A bond must be authorized by resolution of the 29 commission. The resolution may specify all of the following: 30 (i) Series. 20070H1590B2179 - 130 -
1 (ii) Date of maturity not exceeding 40 years from 2 date of issue. 3 (iii) Interest. 4 (iv) Denomination. 5 (v) Form, either coupon or fully registered without 6 coupons. 7 (vi) Registration, exchangeability and 8 interchangeability privileges. 9 (vii) Medium of payment and place of payment. 10 (viii) Terms of redemption not exceeding 105% of the 11 principal amount of the bond. 12 (ix) Priorities in the revenues or receipts of the 13 commission. 14 (2) A bond must be signed by or shall bear the facsimile 15 signature of such officers as the commission determines. 16 Coupon bonds must have attached interest coupons bearing the 17 facsimile signature of the treasurer of the commission as 18 prescribed in the authorizing resolution. A bond may be 19 issued and delivered notwithstanding that one or more of the 20 signing officers or the treasurer has ceased to be an officer 21 when the bond is actually delivered. A bond must be 22 authenticated by an authenticating agent, a fiscal agent or a 23 trustee, if required by the authorizing resolution. 24 (3) A bond may be sold at public or private sale for a 25 price determined by the commission. 26 (4) Pending the preparation of a definitive bond, 27 interim receipts or temporary bonds with or without coupons 28 may be issued to the purchaser and may contain terms and 29 conditions as the commission determines. 30 (b) Provisions.--A resolution authorizing a bond may contain 20070H1590B2179 - 131 -
1 provisions which shall be part of the contract with the 2 bondholder as to the following: 3 (1) Pledging the full faith and credit of the commission 4 but not of the Commonwealth or any political subdivision for 5 the bond or restricting the obligation of the commission to 6 all or any of the revenue of the commission from all or any 7 projects or properties. 8 (2) The construction, financing, improvement, operation, 9 extension, enlargement, maintenance and repair for the 10 payment of the costs of the turnpikes and the toll road 11 conversions, including the reconstruction of the converted 12 roads as provided for in this chapter and the repayment to 13 the Federal Treasury of any funds so required to be repaid 14 pursuant to any special legislation passed by the Congress of 15 the United States authorizing the conversion of toll-free 16 roads to toll roads, the financing for insurance reserves and 17 the duties of the commission with reference to these matters. 18 (3) Terms and provisions of the bond. 19 (4) Limitations on the purposes to which the proceeds of 20 the bond or other financing may be applied. 21 (5) Rate of tolls and other charges for use of the 22 facilities of or for the services rendered by the commission. 23 (6) The setting aside, regulation and disposition of 24 reserves and sinking funds. 25 (7) Limitations on the issuance of additional bonds. 26 (8) Terms and provisions of any deed of trust or 27 indenture securing the bond or under which any deed of trust 28 or indenture may be issued. 29 (9) Other additional agreements with the holder of the 30 bond. 20070H1590B2179 - 132 -
1 (c) Deeds of trust.--The commission may enter into any deed 2 of trust, indenture or other agreement with any bank or trust 3 company or other person in the United States having power to 4 enter into such an arrangement, including any Federal agency, as 5 security for a bond and may assign and pledge all or any of the 6 revenues or receipts of the commission under such deed, 7 indenture or agreement. The deed of trust, indenture or other 8 agreement may contain provisions as may be customary in such 9 instruments or as the commission may authorize, including 10 provisions as to the following: 11 (1) Construction, financing, improvement, operation, 12 maintenance and repair for the payment of the costs of the 13 turnpikes and the toll road conversions, including the 14 reconstruction of the converted roads as provided for in this 15 chapter and the repayment to the Federal Treasury of any 16 funds so required to be repaid pursuant to any special 17 legislation passed by the Congress of the United States 18 authorizing the conversion of toll-free roads to toll roads, 19 financing for insurance reserves and the duties of the 20 commission with reference to these matters. 21 (2) Application of funds and the safeguarding of funds 22 on hand or on deposit. 23 (3) Rights and remedies of trustees and bondholders, 24 including restrictions upon the individual right of action of 25 a bondholder. 26 (4) Terms and provisions of the bond or the resolution 27 authorizing the issuance of the bond. 28 (d) Negotiability.--A bond shall have all the qualities of 29 negotiable instruments under 13 Pa.C.S. Div. 3 (relating to 30 negotiable instruments). 20070H1590B2179 - 133 -
1 § 8113. Obligation proceeds restricted and lien created. 2 All money received from any bonds, notes or other obligations 3 issued under this chapter shall be applied solely to the payment 4 of the cost of the turnpike, the turnpike extensions and 5 improvements and the toll road conversions, including the 6 reconstruction of the converted roads as provided for in this 7 chapter and the repayment to the Federal Treasury of any funds 8 so required to be repaid pursuant to any special legislation 9 passed by the Congress of the United States authorizing the 10 conversion of toll-free roads to toll roads or to the 11 appurtenant fund. There is created and granted a lien upon the 12 money, until so applied, in favor of holders of the bonds, notes 13 or other obligations or the trustee provided for in this chapter 14 in respect of the bonds, notes or other obligations. 15 § 8114. Trust indenture authorized. 16 (a) Security for bonds.--In the discretion of the 17 commission, the bonds, notes or other obligations may be secured 18 by a trust indenture by and between the commission and a 19 corporate trustee, which may be any trust company or bank having 20 the powers of a trust company, within this Commonwealth. The 21 trust indenture may pledge or assign tolls and revenue to be 22 received but shall not convey or mortgage the Pennsylvania 23 Turnpike System, including the turnpikes and toll road 24 conversions provided for by this chapter. 25 (b) Rights of bondholders.--Either the resolution providing 26 for the issuance of the bonds, notes or other obligations or the 27 trust indenture may contain provisions for protecting and 28 enforcing the rights and remedies of the bondholders or holders 29 of notes or other obligations as may be reasonable and proper 30 and not in violation of law, including covenants setting forth 20070H1590B2179 - 134 -
1 the duties of the commission in relation to the acquisition of 2 properties and the construction, maintenance, operation and 3 repair and insurance of the turnpikes, and the custody, 4 safeguarding and application of all money. It shall be lawful 5 for any bank or trust company incorporated under the laws of 6 this Commonwealth to act as a depository of the proceeds of 7 bonds, notes or other obligations or revenues and to furnish the 8 indemnity bonds or to pledge the securities as may be required 9 by the commission. The trust indenture may set forth the rights 10 and remedies of the bondholders or holders of notes or other 11 obligations and of the trustee and may restrict the individual 12 right of action of bondholders or holders of notes or other 13 obligations as is customary in trust indentures securing bonds, 14 debentures of corporations, notes or other obligations. In 15 addition to the foregoing, the trust indenture may contain other 16 provisions as the commission may deem reasonable and proper for 17 the security of bondholders or holders of notes or other 18 obligations. All expenses incurred in carrying out the trust 19 indenture may be treated as part of the cost of maintenance, 20 operation and repair of the turnpikes and toll road conversions 21 provided for by this chapter. 22 § 8115. Commission and obligations tax exempt. 23 The accomplishment by the commission of the authorized 24 purposes stated in this chapter being for the benefit of the 25 people of this Commonwealth and for the improvement of their 26 commerce and prosperity, in which accomplishment the commission 27 will be performing essential governmental functions, the 28 commission shall not be required to pay any taxes or assessments 29 on any property acquired or used by it for the purposes provided 30 in this chapter, and the bonds, notes or other obligations 20070H1590B2179 - 135 -
1 issued by the commission, their transfer and the income 2 therefrom, including any profits made on the sale thereof, shall 3 at all times be free from taxation within this Commonwealth. 4 § 8116. Collection and disposition of tolls and other revenue. 5 (a) Establishment and changes in toll amounts.--Subject to 6 the terms of any trust indenture entered into by the commission, 7 any resolution authorizing the issuance of any bonds, notes or 8 other obligations of the commission, the commission is 9 authorized: to fix and to revise tolls for the use of the 10 Pennsylvania Turnpike System and the different parts or sections 11 of the system, including the turnpike, the turnpike extensions 12 and improvements and the toll road conversions authorized by 13 this chapter: to charge and collect the tolls; to contract with 14 any person, partnership, association or corporation desiring the 15 use of any part thereof, including the right-of-way adjoining 16 the paved portion, for placing thereon telephone, telegraph, 17 electric light or power lines, gas stations, garages, stores, 18 hotels, restaurants and advertising signs, or for any other 19 purpose, except for tracks for railroad or railway use; and to 20 fix the terms, conditions, rents and rates of charges for use. 21 Tolls shall be fixed and adjusted as to provide funds at least 22 sufficient with other revenues of the Pennsylvania Turnpike 23 System, if any, to pay: 24 (1) the cost of constructing, maintaining, repairing and 25 operating the Pennsylvania Turnpike System and the different 26 parts and sections of the system; and 27 (2) any bonds, notes or other obligations and the 28 interest thereon of the commission, and all sinking fund 29 requirements of the commission, and other requirements 30 provided for by any resolution authorizing the issuance of 20070H1590B2179 - 136 -
1 the bonds, notes or other obligations by the commission, or 2 by any trust indenture to which the commission is a party, as 3 the same shall become due. 4 (b) Restrictions on toll revenue.--Tolls shall not be 5 subject to supervision or regulation by any other State 6 commission, board, bureau or agency. Subject to the terms of any 7 presently existing trust indenture entered into by the 8 commission and any presently existing resolution authorizing the 9 issuance of any bonds, notes or other obligations of the 10 commission, the tolls and all other revenue derived from the 11 Pennsylvania Turnpike System shall be set aside and pledged as 12 may be provided in any resolutions, trust indentures or any 13 other agreements that the commission may hereafter adopt or 14 hereafter enter into with respect to the issuance of bonds, 15 notes or other obligations of the commission. 16 § 8116.1. Electronic toll collection. 17 (a) Liability of owner.-- 18 (1) If an operator of a vehicle fails to pay the 19 prescribed toll at any location where tolls are collected by 20 means of electronic toll collection, the owner of the vehicle 21 shall be liable to the commission for failure of the operator 22 of the vehicle to comply with this section if the violation 23 is evidenced by information obtained from a violation 24 enforcement system. 25 (2) If a violation of this section is committed, the 26 registration plate number of the vehicle as recorded by a 27 violation enforcement system shall establish an inference 28 that the owner of the vehicle was then operating the vehicle. 29 The inference shall be overcome if the owner does all of the 30 following: 20070H1590B2179 - 137 -
1 (i) Testifies that the owner was not operating the 2 vehicle at the time of the violation. 3 (ii) Submits to an examination as to who at the time 4 was operating the vehicle. 5 (iii) Reveals the name and residence address, if 6 known, of the operator of the vehicle. 7 (3) If an action or proceeding is commenced in a county 8 other than that of the residence of the owner, a verified 9 written statement setting forth the facts prescribed under 10 paragraph (2)(i), (ii) and (iii) shall suffice to overcome 11 the inference. 12 (4) If the inference is overcome, the operator of the 13 vehicle may be held liable under this section for failure to 14 pay the prescribed toll in the same manner as if the operator 15 were the owner of the vehicle. 16 (b) Imposition of liability.--Liability under this section 17 shall be imposed upon an owner for a violation of this section 18 or the regulations of the commission occurring within the 19 territorial limits of this Commonwealth. If a violation is 20 committed as evidenced by a violation enforcement system, the 21 following shall apply: 22 (1) The commission or an authorized agent or employee 23 must prepare and mail a notice of violation as follows: 24 (i) The notice of violation must be sent by first 25 class mail to each person alleged to be liable as an 26 owner for a violation of this section. 27 (ii) The notice must be mailed at the address shown 28 on the vehicle registration or at the address of the 29 operator, as applicable. Notice must be mailed no later 30 than 60 days after: 20070H1590B2179 - 138 -
1 (A) the alleged conduct; or 2 (B) the date the inference is overcome under 3 subsection (a)(2). 4 (iii) Personal service is not required. 5 (iv) The notice must contain all of the following: 6 (A) Information advising the person charged of 7 the manner and time in which the liability alleged in 8 the notice may be contested. 9 (B) A warning advising the person charged that 10 failure to contest in the manner and time provided 11 shall be deemed an admission of liability and that a 12 default judgment may be entered on the notice. 13 (1.1) A manual or automatic record of mailing prepared 14 in the ordinary course of business shall be prima facie 15 evidence of the mailing of notice. 16 (2) If an owner of a vehicle or an owner that is a 17 lessor of a vehicle receives a notice of violation under this 18 section for any time period during which the vehicle was 19 reported to a police department as having been stolen, it 20 shall be a defense to the allegation of liability that the 21 vehicle had been reported to the police as having been stolen 22 prior to the time the violation occurred and that the vehicle 23 had not been recovered by the time of the violation. For 24 purposes of asserting the defense under this paragraph, it 25 shall be sufficient that a certified copy of the police 26 report on the stolen vehicle be sent by first class mail to 27 the commission within 30 days after receiving the original 28 notice of violation. Failure to send the information within 29 the time limit under this paragraph shall render the owner or 30 lessor liable for the penalty prescribed by this section. 20070H1590B2179 - 139 -
1 (3) An owner that is a lessor of a vehicle as to which a 2 notice of violation was issued under paragraph (1) shall not 3 be liable for a violation if the owner sends to the 4 commission a copy of the rental, lease or other contract 5 document covering the vehicle on the date of the violation, 6 with the name and address of the lessee clearly legible to 7 the commission, within 30 days after receiving the original 8 notice of violation. Failure to send the information within 9 the time limit under this paragraph shall render the lessor 10 liable for the penalty prescribed by this section. If the 11 lessor complies with the provisions of this section, the 12 lessee of the vehicle on the date of the violation shall be 13 deemed to be the owner of the vehicle for purposes of this 14 section and shall be subject to liability for the penalty 15 under this section. 16 (4) A certified report or a facsimile report of an 17 authorized agent or employee of the commission reporting a 18 violation of this section or regulations of the commission 19 based upon the recorded information obtained from a violation 20 enforcement system shall be prima facie evidence of the facts 21 contained in the report and shall be admissible as an 22 official record kept in the ordinary course of business in 23 any proceeding charging a violation of this section or the 24 toll collection regulations of the commission. 25 (5) Notwithstanding any other provision of law, 26 videotapes, photographs, microphotographs, other recorded 27 images, written records, reports or facsimiles prepared 28 pursuant to this section shall be for the exclusive use of 29 the commission, its authorized agents, its employees and law 30 enforcement officials for the purpose of discharging duties 20070H1590B2179 - 140 -
1 under this section and the regulations of the commission. The 2 information shall not be deemed a public record under the act 3 of June 21, 1957 (P.L.390, No.212), referred to as the Right- 4 to-Know Law. The information shall not be discoverable by 5 court order or otherwise; nor shall it be offered in evidence 6 in any action or proceeding which is not directly related to 7 a violation of this section, the regulations of the 8 commission or indemnification for liability imposed pursuant 9 to this section. The restrictions set forth in this 10 paragraph: 11 (i) shall not be deemed to preclude a court of 12 competent jurisdiction from issuing an order directing 13 that the information be provided to law enforcement 14 officials if the information is reasonably described and 15 is requested solely in connection with a criminal law 16 enforcement action; 17 (ii) shall not be deemed to preclude the exchange of 18 the information between any entities with jurisdiction 19 over or which operate an electronic toll collection 20 system in this Commonwealth or any other jurisdiction; 21 and 22 (iii) shall not be deemed to prohibit the use of 23 information exclusively for the purpose of billing 24 electronic toll collection account holders, deducting 25 toll charges from the account of an account holder, 26 enforcing toll collection laws and related regulations or 27 enforcing the provisions of an account holder agreement. 28 (6) An imposition of liability under this section must 29 be based upon a preponderance of evidence. 30 (7) An imposition of liability pursuant to this section 20070H1590B2179 - 141 -
1 shall not be deemed a conviction of an owner and shall not be 2 made part of the motor vehicle operating record of the person 3 upon whom the liability is imposed, nor shall it be 4 considered in the provision of motor vehicle insurance 5 coverage. 6 (8) An owner that admits, is found liable or fails to 7 respond to the notice of violation for a violation of this 8 section shall be civilly liable to the commission for all of 9 the following: 10 (i) Either: 11 (A) the amount of the toll evaded or attempted 12 to be evaded if the amount can be determined; or 13 (B) the maximum toll from the farthest point of 14 entry on the Pennsylvania Turnpike to the actual 15 point of exit if the amount of the toll evaded or 16 attempted to be evaded cannot be determined. 17 (ii) A reasonable administrative fee not to exceed 18 $35 per notification. 19 (9) Nothing in this section shall be construed to limit 20 the liability of the operator of a vehicle for a violation of 21 this section or of the regulations of the commission. 22 (c) Placement of electronic toll collection device.--An 23 electronic toll collection device which is affixed to the front 24 windshield of a vehicle in accordance with the regulations of 25 the commission shall not be deemed to constitute a violation of 26 75 Pa.C.S. § 4524 (relating to windshield obstructions and 27 wipers). 28 (d) Privacy of electronic toll collection account holder 29 information.-- 30 (1) Except as set forth paragraph (2), notwithstanding 20070H1590B2179 - 142 -
1 any other provision of law, all of the following apply to 2 information kept by the commission, its authorized agents or 3 its employees which is related to the account of an 4 electronic toll collection system account holder: 5 (i) The information shall be for the exclusive use 6 of the commission, its authorized agents, its employees 7 and law enforcement officials for the purpose of 8 discharging their duties pursuant to this section and the 9 regulations of the commission. This subparagraph includes 10 names, addresses, account numbers, account balances, 11 personal financial information, vehicle movement records 12 and other information compiled from transactions with the 13 account holders. 14 (ii) The information shall not be deemed a public 15 record under the Right-to-Know Law, nor shall it be 16 discoverable by court order or otherwise or be offered in 17 evidence in any action or proceeding which is not 18 directly related to the discharge of duties under this 19 section, the regulations of the commission or a violation 20 of an account holder agreement. 21 (2) Paragraph (1) shall not be deemed to do any of the 22 following: 23 (i) Preclude a court of competent jurisdiction from 24 issuing an order directing that the information be 25 provided to law enforcement officials if the information 26 is reasonably described and is requested solely in 27 connection with a criminal law enforcement action. 28 (ii) Preclude the exchange of the information 29 between any entities with jurisdiction over or which 30 operate an electronic toll collection system in this 20070H1590B2179 - 143 -
1 Commonwealth or any other jurisdiction. 2 (iii) Prohibit the use of the information 3 exclusively for the purpose of billing electronic toll 4 collection account holders, deducting toll charges from 5 the account of an account holder, enforcing toll 6 collection laws and related regulations or enforcing the 7 provisions of an account holder agreement. 8 (e) Definition.--As used in this section, the term "owner" 9 means any person, corporation, firm, partnership, agency, 10 association, organization or lessor that, at the time a vehicle 11 is operated in violation of this section or regulations of the 12 commission: 13 (1) is the beneficial or equitable owner of the vehicle; 14 (2) has title to the vehicle; or 15 (3) is the registrant or coregistrant of the vehicle 16 registered with the department or a comparable agency of 17 another jurisdiction or uses the vehicle in its vehicle 18 renting or leasing business. The term includes a person 19 entitled to the use and possession of a vehicle subject to a 20 security interest in another person. 21 § 8117. Refunding bonds. 22 The commission is authorized to provide, by resolution, for 23 the issuance of turnpike revenue refunding bonds for the purpose 24 of refunding issued and outstanding turnpike revenue bonds, 25 notes or other obligations. Applicable provisions of this 26 chapter govern all of the following: 27 (1) Issuance of the turnpike revenue refunding bonds. 28 (2) Maturities and other details of the refunding bonds. 29 (3) Rights of the holders of the bonds. 30 (4) Duties of the Commonwealth and of the commission in 20070H1590B2179 - 144 -
1 respect to the bonds. 2 § 8118. Rights of obligation holders and trustees. 3 (a) Scope.--This section applies to all of the following: 4 (1) A holder of: 5 (i) a bond, note or other obligation issued under 6 this chapter; or 7 (ii) a coupon attached to the bond, note or other 8 obligation. 9 (2) The trustee under an applicable trust indenture. 10 (b) Enforcement.--Subject to subsection (c), a person 11 referred to in subsection (a) may, by an action at law or in 12 equity, do all of the following: 13 (1) Protect and enforce rights granted under this 14 chapter or under the resolution or trust indenture. 15 (2) Enforce and compel performance of all duties 16 required by this chapter or by the resolution or trust 17 indenture to be performed by the commission or an officer of 18 the commission. This paragraph includes fixing, charging and 19 collecting of tolls for the use of the turnpikes. 20 (c) Restriction.--Rights under this chapter may be 21 restricted by resolution passed before the issuance of the bond, 22 note or other obligation or by the trust indenture. 23 § 8119. Authority granted to secretary. 24 (a) Agreement with Federal Government.-- 25 (1) The secretary is authorized to enter into an 26 agreement with the United States Department of 27 Transportation, the Federal Highway Administration and any 28 other Federal agency to obtain Federal funds for projects for 29 resurfacing, restoring and rehabilitating toll roads in this 30 Commonwealth. The commission is authorized to use Federal 20070H1590B2179 - 145 -
1 funds which may be available for toll roads only upon 2 approval of the secretary and only under the authority 3 granted under this section. 4 (2) (Reserved). 5 (b) Approval by department.--Contracts and agreements 6 relating to the construction of the turnpikes and connecting 7 tunnels and bridges must be approved by the department. 8 § 8120. Construction of chapter. 9 This chapter shall be regarded as supplemental and additional 10 to powers conferred by other statutes and shall not be regarded 11 as in derogation of any powers now existing and shall be 12 liberally construed to effect its purposes. 13 Section 2.3. Section 8901 of Title 75 is amended to read: 14 § 8901. Definitions. 15 The following words and phrases when used in this chapter 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Annual additional rent." That portion of the rent payable 19 to the Department of Transportation under section 8915.3(5) 20 (relating to lease of Interstate 80). 21 "Annual base rent." That portion of the rent payable to the 22 Department of Transportation under section 8915.3(4) (relating 23 to lease of Interstate 80). 24 "Annual surplus rent." That portion of the rent payable to 25 the Department of Transportation under section 8915.3(6) 26 (relating to lease of Interstate 80). 27 "Auditor General's certificate." The certificate issued by 28 the Auditor General within 180 days after the end of each fiscal 29 year of the Pennsylvania Turnpike Commission certifying all of 30 the following: 20070H1590B2179 - 146 -
1 (1) The amount of the general reserve fund surplus for 2 the fiscal year. 3 (2) Interstate 80 savings for the fiscal year. 4 (3) After review of the commission's current ten-year 5 capital plan, that the transfer of the general reserve fund 6 surplus under section 8915.3 (relating to lease of Interstate 7 80) shall not impair the ability of the commission to meet 8 its obligations under the lease agreement or the commission's 9 ten-year capital plan. 10 "Commission." The Pennsylvania Turnpike Commission. 11 "Conversion date." The date the Pennsylvania Turnpike 12 Commission intends to assume control over Interstate 80 as set 13 forth in the conversion notice. 14 "Conversion notice." Written notice to the Secretary of 15 Transportation from the Pennsylvania Turnpike Commission 16 providing notice of its intent to assume control over Interstate 17 80 under section 8915.3(3) (relating to lease of Interstate 80). 18 "Conversion period." A period of three years: 19 (1) which begins on the date of execution of the lease 20 agreement; and 21 (2) during which the Pennsylvania Turnpike Commission 22 may give the Department of Transportation conversion notice 23 or notice that the commission has exercised its option to 24 extend the conversion period pursuant to section 8915.3(2) 25 (relating to lease of Interstate 80). 26 "Fiscal year." The fiscal year of the Pennsylvania Turnpike 27 Commission. 28 "General reserve fund surplus." The amount which: 29 (1) is certified by the Auditor General in the Auditor 30 General's certificate as existing in the Pennsylvania 20070H1590B2179 - 147 -
1 Turnpike Commission's general reserve fund on the last day of 2 the fiscal year; and 3 (2) is not required to be retained in the general 4 reserve fund pursuant to any financial documents, financial 5 covenants, insurance policies, liquidity policies or 6 agreements, swap agreements or rating agency requirements in 7 effect at the commission. 8 "Interstate 80 savings." An amount equal to the following: 9 (1) Prior to the conversion date, the amount shall be 10 zero. 11 (2) After the conversion date, the amount certified in 12 the Auditor General's certificate equal to $100,000,000, 13 increased by 4% for each year after the year of execution of 14 the lease agreement. 15 "Lease agreement." A lease agreement between the Department 16 of Transportation and the Pennsylvania Turnpike Commission which 17 shall include provisions setting forth the terms of the 18 conversion of Interstate 80 to a toll road. 19 "Scheduled annual commission contribution." The following 20 amounts: 21 (1) $700,000,000 in fiscal year 2007-2008. 22 (2) $750,000,000 in fiscal year 2008-2009. 23 (3) $800,000,000 in fiscal year 2009-2010. 24 (4) $800,000,000 increased by 2.5% for each fiscal year 25 after fiscal year 2009-2010. 26 Section 2.4. Section 8911 introductory paragraph of Title 75 27 is amended and the section is amended by adding a paragraph to 28 read: 29 § 8911. Improvement and extension authorizations. 30 In order to facilitate vehicular traffic within and across 20070H1590B2179 - 148 -
1 this Commonwealth, the commission is hereby authorized and 2 empowered to construct, reconstruct, widen, expand, extend, 3 operate and maintain turnpike extensions and turnpike 4 improvements at such specific locations and according to such 5 schedule as shall be deemed feasible and approved by the 6 commission, together with connecting roads, storm water 7 management systems, interchanges, slip ramps, tunnels and 8 bridges, subject to the waiver of the Federal toll prohibition 9 provisions where applicable, as follows: 10 * * * 11 (10) Other slip ramps and interchanges as the commission 12 may determine. 13 Section 2.5. Sections 8912 introductory paragraph, 8913, 14 8914 introductory paragraph and 8915 introductory paragraph of 15 Title 75 are amended to read: 16 § 8912. Subsequent extension authorizations. 17 The commission is also hereby authorized and empowered to 18 construct, reconstruct, widen, expand, extend, operate and 19 maintain further extensions and improvements of the turnpike at 20 such specific locations and according to such schedules as shall 21 be deemed feasible and which shall be approved by the 22 commission, subject to the waiver of the Federal toll 23 prohibition provisions where applicable, as follows: 24 * * * 25 § 8913. Additional subsequent extension authorizations. 26 Upon substantial completion of the turnpike extensions and 27 improvements set forth in sections 8911 (relating to improvement 28 and extension authorizations) and 8912 (relating to subsequent 29 extension authorizations), the commission is hereby authorized 30 and empowered to construct, reconstruct, widen, expand, extend, 20070H1590B2179 - 149 -
1 operate and maintain further extensions and improvements of the 2 turnpike at such specific locations and according to such 3 schedules as shall be deemed feasible and which shall be 4 approved by the commission, subject to the waiver of the Federal 5 toll prohibition provisions where applicable, as follows: 6 construct from a point at or near Interstate Route 80 7 Interchange 23 at Milesburg southwesterly generally along U.S. 8 Route 220 to a connection with the existing U.S. Route 220 9 Expressway south of Bald Eagle. 10 § 8914. Further subsequent authorizations. 11 Upon completion of the turnpike extensions and improvements 12 set forth in sections 8911 (relating to improvement and 13 extension authorizations), 8912 (relating to subsequent 14 extension authorizations) and 8913 (relating to additional 15 subsequent extension authorizations), the commission is hereby 16 authorized and empowered to construct, reconstruct, widen, 17 expand, extend, operate and maintain further extensions and 18 improvements of the turnpike at such specific locations and 19 according to such schedules as shall be deemed feasible and 20 which shall be approved by the commission, subject to the waiver 21 of the Federal toll prohibition provisions where applicable, as 22 follows: 23 * * * 24 § 8915. Conversion to toll roads. 25 In order to facilitate vehicular traffic within and across 26 this Commonwealth, and [after] to facilitate the completion of 27 the turnpike extensions and improvements authorized in section 28 8911 (relating to improvement and extension authorizations), and 29 subject to prior legislative approval by the General Assembly 30 and the United States Congress, the commission is hereby 20070H1590B2179 - 150 -
1 authorized and empowered to convert to toll roads such portions 2 of Pennsylvania's interstate highway system as may [be required 3 in order to] facilitate the completion of the turnpike 4 extensions and improvements authorized in sections 8912 5 (relating to subsequent extension authorizations), 8913 6 (relating to additional subsequent extension authorizations) and 7 8914 (relating to further subsequent authorizations) and to 8 operate and maintain such converted interstates as toll roads 9 upon the approval by the Congress of the United States of 10 America and the General Assembly of this Commonwealth of 11 legislation expressly permitting the conversion of such 12 interstates to toll roads. Such conversions shall take place at 13 a time and manner set forth in the plan for the conversion 14 prepared by the commission with the cooperation of the 15 department. The provisions authorizing the commission to 16 construct, operate and maintain the turnpike routes in sections 17 8911, 8912 and 8913 shall be subject to: 18 * * * 19 Section 2.6. Title 75 is amended by adding sections to read: 20 § 8915.1. Conversion of Interstate 80. 21 In order to facilitate vehicular traffic across this 22 Commonwealth, the commission is authorized and empowered to do 23 all of the following: 24 (1) Construct, reconstruct, widen, expand, extend, 25 operate, maintain and maintain and operate Interstate 80 from 26 a point at or near the Ohio border to a point at or near the 27 New Jersey border, together with connecting roads, 28 interchanges, slip ramps, tunnels and bridges. 29 (2) Issue turnpike revenue bonds, notes or other 30 obligations, payable solely from revenues of the commission, 20070H1590B2179 - 151 -
1 including tolls, or from funds as may be available to the 2 commission for that purpose, to pay the cost of construction, 3 reconstructing, widening, expanding or extending or any other 4 costs of the Pennsylvania Turnpike. 5 (3) Convert to a toll road Interstate 80 and to operate 6 and maintain the converted interstate as a toll road. 7 § 8915.2. Application to United States Department of 8 Transportation. 9 (a) Application.--The commission, in consultation with the 10 department and at its own expense, is authorized to prepare and 11 submit an application to the United States Department of 12 Transportation in accordance with 23 U.S.C. § 129 (relating to 13 toll roads, bridges, tunnels, and ferries) for the conversion of 14 Interstate 80 to a toll road under the Interstate Reconstruction 15 and Rehabilitation Pilot Program or in accordance with any other 16 applicable Federal program or provision of law. The secretary 17 shall ensure that all information required for the application 18 is made available to the commission as soon as practicable after 19 the effective date of this section. If the application is 20 submitted pursuant to the Interstate Reconstruction and 21 Rehabilitation Pilot Program, it shall contain all of the 22 following: 23 (1) A consulting civil engineer's report assessing the 24 current physical conditions of the roadbed, pavement, bridges 25 and interchanges and projecting the costs to upgrade 26 Interstate 80, the costs for additional improvements and 27 implementation of the tolling facilities and existing funds 28 available for Interstate 80, absent tolling and concluding 29 that the facility would not be maintained or improved to meet 30 current or future needs from the Commonwealth's 20070H1590B2179 - 152 -
1 apportionments and allocations and from revenues for highways 2 from any other source without toll revenues. 3 (2) A traffic and revenue report completed by a third- 4 party consultant forecasting future traffic and revenue over 5 a minimum of 20 years. 6 (3) An environmental scoping analysis assessing the 7 fiscal impact, any air and water quality issues and the 8 involvement of local metropolitan planning organizations. 9 (4) A construction and operational plan for the 10 implementation of the Toll Pilot Program for Interstate 80 11 which: 12 (i) assumes completion no later than five years 13 after financing; 14 (ii) includes a plan for implementing the imposition 15 of tolls on use of Interstate 80, a schedule and finance 16 plan for the reconstruction and rehabilitation of 17 Interstate 80 using toll revenues and a description of 18 the public transportation agency that will be responsible 19 for implementation and administration of the toll pilot 20 program. 21 (5) A financial analysis demonstrating that tolling 22 Interstate 80 will produce sufficient revenue to pay debt 23 service on any bonds and loans incurred with respect to the 24 Toll Pilot Program. 25 (b) Open system.--A toll system shall consist of what is 26 commonly referred to as an open system. 27 § 8915.3. Lease of Interstate 80. 28 The department and the commission shall enter into a lease 29 agreement relating to Interstate 80. The lease agreement shall 30 include provisions setting forth the terms and conditions of the 20070H1590B2179 - 153 -
1 conversion of Interstate 80 to a toll road. The lease agreement, 2 at a minimum, shall include the following: 3 (1) A provision that the term of the lease agreement 4 shall be 50 years, unless extended upon mutual agreement of 5 the parties to the lease agreement. 6 (2) A provision establishing a conversion period and 7 authorizing extension of the conversion period at the sole 8 option of the commission for three one-year extension periods 9 after consultation with the secretary. The commission shall 10 notify the secretary of its intent to extend the conversion 11 period not less than 90 days before the scheduled expiration 12 of the conversion period. During the conversion period, all 13 legal, financial and operational responsibility for 14 Interstate 80 shall remain with the department. All 15 operations and programmed rehabilitation shall be maintained 16 at levels no less favorable than those set forth in the 17 department's 12-year plan at the time of the execution of the 18 lease, with modifications as are approved in writing by the 19 chairman of the commission. 20 (3) A provision permitting the commission to exercise 21 its option to convert Interstate 80 to a toll road prior to 22 the expiration of the conversion period by providing the 23 conversion notice to the secretary. Beginning on the 24 conversion date, all legal, financial and operational 25 responsibility for Interstate 80, as well as all toll 26 revenues collected with respect to its use, shall be 27 transferred from the department to the commission. The 28 commission shall contract with the department for any portion 29 of the maintenance of Interstate 80 at cost levels no less 30 favorable than those of the department on the conversion 20070H1590B2179 - 154 -
1 date. 2 (4) A provision requiring the commission to pay annual 3 base rent to the department during the term of the lease 4 agreement in the following manner and equal to the following 5 amounts: 6 (i) Annual debt service on outstanding bonds issued 7 under section 9511.2 (relating to special revenue bonds 8 payable solely from pledged revenues of Motor License 9 Fund) payable as required pursuant to bonds. 10 (ii) $200,000,000 payable annually in four equal 11 installments each due the first business day of each 12 July, October, January and April. 13 (5) A provision requiring the commission to pay annual 14 additional rent to the department as follows: 15 (i) During the conversion period and after the 16 conversion of Interstate 80 to a toll road, the annual 17 additional rent shall be equal to the scheduled annual 18 commission contribution, minus any amounts paid under 19 paragraph (4) less the proceeds of bonds allocable to the 20 fiscal year in question issued under section 9511.2 and 21 any Interstate 80 savings for that fiscal year as set 22 forth in the Auditor General's certificate. 23 (ii) If conversion notice is not received by the 24 secretary prior to the expiration of the conversion 25 period, the annual additional rent shall be equal to 26 $250,000,000. 27 The annual additional rent provided under this paragraph is 28 deemed to be equal to the fair market value of Interstate 80 29 and shall be payable in four equal installments due the first 30 business day of each July, October, January and April of each 20070H1590B2179 - 155 -
1 year during the term of the lease agreement. 2 (6) A provision requiring the commission to pay, 3 commencing on the conversion date, annual surplus rent to the 4 department equal to the general reserve fund surplus payable 5 for each fiscal year from the conversion date until the end 6 of the term of the lease agreement. The surplus rent shall be 7 payable by the commission within 30 days of receipt by the 8 commission of the Auditor General's certificate. If the 9 conversion period expires before the conversion date, no 10 annual surplus rent shall be payable. 11 (7) A provision stating that the obligation of the 12 commission to pay the annual base rent, the annual additional 13 rent and annual surplus rent shall be a subordinate 14 obligation of the commission payable from amounts in the 15 general reserve fund of the commission only as permitted by 16 any financing documents, financial covenants, liquidity 17 policies or agreements, swap agreements or rating agency 18 requirements in effect at the commission. 19 (8) A provision authorizing the department to receive 20 the annual base rent, annual additional rent and annual 21 surplus rent, and to deposit amounts so received as follows, 22 to the degree permitted by applicable Federal laws and 23 regulations: 24 (i) proceeds of bonds issued under section 9511.2 25 shall be spent consistent with sections 9511.4(h) 26 (relating to special revenue bonds and preliminary or 27 interim financing) and 9511.5 (relating to application of 28 proceeds of obligations, lien of holders of obligations, 29 design-build requirement and projects approved by the 30 General Assembly); 20070H1590B2179 - 156 -
1 (ii) be deposited in the Public Transportation Trust 2 Fund as follows: 3 (A) $250,000,000 for fiscal year 2007-2008; 4 (B) $300,000,000 for fiscal year 2008-2009; 5 (C) $350,000,000 for fiscal year 2009-2010; and 6 (D) $400,000,000 for fiscal year 2010-2011 and 7 increased by 2.5% for each fiscal year thereafter; 8 and 9 (iii) any balance received from the department shall 10 be deposited in the Motor License Fund. For any year in 11 which there are no bond proceeds under this paragraph, 12 $5,000,000 of the money deposited shall be for county 13 roads and bridges and $30,000,000 of the money deposited 14 shall be for municipal roads and bridges to be allocated 15 under the act of June 1, 1956 (1955 P.L.1944, No.655), 16 referred to the Liquid Fuels Tax Municipal Allocation 17 Law. 18 § 8915.4. Other interstate highways. 19 In order to facilitate vehicular traffic across this 20 Commonwealth and pursuant to the authority granted under this 21 chapter, the commission is hereby authorized and empowered to: 22 (1) at its own expense and in consultation with the 23 department, prepare a consulting civil engineer report and 24 financial analysis with respect to the feasibility of 25 converting Interstate 95 to a toll road and operating and 26 maintaining the converted interstate as a toll road, upon 27 approval of the General Assembly and the United States 28 Department of Transportation; and 29 (2) at its own expense, and in consultation with the 30 department, prepare and submit an application to the United 20070H1590B2179 - 157 -
1 States Department of Transportation for the conversion of 2 Interstate 95 to a toll road pursuant to any Federal program 3 for which it may be eligible. 4 Section 3. Section 8916 of Title 75 is amended to read: 5 § 8916. Turnpike system. 6 The turnpikes and the future toll road conversions authorized 7 by this chapter are hereby or shall be made part of the 8 Pennsylvania Turnpike System, as provided in the act of August 9 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania 10 Turnpike System Financing Act. A Public-Public Partnership of 11 the Pennsylvania Turnpike System is integral to solving 12 transportation problems referred to in 74 Pa.C.S. § 13A01 13 (relating to declaration of policy). 14 Section 4. Title 75 is amended by adding a section to read: 15 § 9501. Definitions. 16 The following words and terms when used in this chapter shall 17 have the meanings given to them in this section, unless the 18 context clearly indicates otherwise: 19 "Bond-related expenses." The term shall include all of the 20 following: 21 (1) Printing, publication or advertising expenses with 22 respect to the sale and issuance of bonds. 23 (2) Fees, expenses and costs of registrars. 24 (3) Fees, expenses and costs of attorneys, accountants, 25 feasibility consultants, computer programmers or other 26 experts employed to aid in the sale and issuance of the 27 bonds. 28 (4) Other costs, fees and expenses incurred or 29 reasonably related to the issuance and sale of the bonds. 30 "Bond-related obligation." An agreement or contractual 20070H1590B2179 - 158 -
1 relationship between the Pennsylvania Turnpike Commission and a 2 bank, trust company, insurance company, swap counterparty, 3 surety bonding company, pension fund or other financial 4 institution providing increased credit on or security for the 5 bonds or liquidity for secondary market transactions. 6 "Commission." The Pennsylvania Turnpike Commission or any 7 successor organization. 8 "Cost of the department." 9 (1) Any of the following, which shall be reimbursed or 10 paid out of the proceeds of the special revenue bonds, notes 11 or other obligations authorized under this chapter: 12 (i) The cost of constructing, reconstructing, 13 widening, expanding or extending the State highway and 14 rural State highway system and all connecting roads, 15 tunnels and bridges. 16 (ii) The cost of all lands, property rights, rights- 17 of-way, easements and franchises acquired, which are 18 deemed necessary or convenient for the construction, 19 reconstruction, widening, expanding or extending under 20 subparagraph (i). 21 (iii) The cost of all machinery and equipment, 22 financing charges, interest prior to and during 23 construction and for one year after completion of 24 construction. 25 (iv) The cost of traffic estimates and of 26 engineering and legal expenses, plans, specifications, 27 surveys, estimates of cost and of revenues, other 28 expenses necessary or incident to determining the 29 feasibility or practicability of the enterprise, 30 administrative and legal expenses and other expenses as 20070H1590B2179 - 159 -
1 may be necessary or incident to the financing authorized 2 under this chapter, the construction, reconstruction, 3 widening, expanding or extending of the State highway and 4 the rural State highway system and connecting roads, 5 tunnels and bridges, the placing of the same in operation 6 and the condemnation of property necessary for 7 construction and operation. 8 (v) Any obligation or expense contracted for by the 9 Department of Transportation or with the United States or 10 any agency of the United States, for traffic surveys, 11 preparation of plans and specifications, supervision of 12 construction, and other engineering, administrative and 13 legal services and expenses in connection with the 14 construction, reconstruction, widening, expanding or 15 extending of the State highway and the rural State 16 highway system or any of the connecting roads, tunnels 17 and bridges. 18 (2) Payment of any notes or other obligations if the 19 notes or other obligations were issued for the payment of a 20 cost. 21 "Design build arrangement." A procurement or project 22 delivery arrangement whereby a single entity, which may be a 23 single contractor or a consortium comprised of multiple 24 contractors, engineers and other subconsultants, is responsible 25 for both the design and construction of a transportation project 26 with a guaranteed completion date and guaranteed maximum price. 27 "Owner." The term shall include all individuals, 28 copartnerships, associations or corporations having any title or 29 interest in any property rights, easements or franchises 30 authorized to be acquired by this chapter. 20070H1590B2179 - 160 -
1 "Pledged revenues." Revenues of the Motor License Fund 2 pledged to the Pennsylvania Turnpike Commission under sections 3 9010 (relating to disposition and use of tax), 9511(i) (relating 4 to allocation of proceeds) and 9511.11 (relating to Motor 5 License Fund proceeds) and amounts payable by the commission 6 under section 8915.3(4)(i) (relating to lease of Interstate 80). 7 "Rural State Highway System." All roads and highways taken 8 over by the Commonwealth as State highways under the provisions 9 of the act of June 22, 1931 (P.L.594, No.203), referred to as 10 the Township State Highway Law and all other roads and highways 11 specifically designated by the Secretary of Transportation as 12 Rural State Highways. 13 "State highway." All roads and highways taken over by the 14 Commonwealth as State highways under the provisions of any 15 statute. Unless clearly intended, the term shall not include any 16 street in any city, borough or incorporated town, even though 17 the same may have been taken over as a State highway. 18 Section 5. Title 75 is amended by adding sections to read: 19 § 9511.2. Special revenue bonds payable solely from pledged 20 revenues of Motor License Fund. 21 (a) Payment source.--A special revenue bond, note or other 22 obligation issued under this chapter: 23 (1) shall not be deemed to be a debt or liability of the 24 Commonwealth; 25 (2) shall not create or constitute any indebtedness, 26 liability or obligation of the Commonwealth; and 27 (3) shall be payable solely from revenues of the Motor 28 License Fund pledged to the commission for that purpose in 29 combination with amounts transferred under section 30 8915.3(4)(i) (relating to lease of Interstate 80). 20070H1590B2179 - 161 -
1 (b) Statement.--A special revenue bond, note or other 2 obligation issued under this chapter must contain a statement on 3 its face that: 4 (1) the Commonwealth is not obligated to pay the bond, 5 note or obligation or the interest on it except from revenues 6 of the Motor License Fund pledged for that purpose in 7 combination with amounts transferred under section 8 8915.3(4)(i); and 9 (2) neither the faith and credit nor the taxing power of 10 the Commonwealth is pledged to the payment of the principal 11 or interest of the bond, note or obligation. 12 (c) Taxation.--The issuance of a special revenue bond, note 13 or other obligation under this chapter shall not directly, 14 indirectly or contingently obligate the Commonwealth to levy a 15 tax or to make an appropriation for payment. 16 § 9511.3. Expenses. 17 (a) Reimbursement.--The commission shall be reimbursed for 18 the necessary expenses incurred in the performance of the duties 19 performed under the provisions of this chapter. 20 (b) Source.--All expenses incurred in carrying out the 21 provisions of this chapter shall be paid solely from funds 22 provided under the authority of this chapter, and sufficient 23 funds shall be provided under the authority of this chapter to 24 meet any liability or obligation incurred in carrying out the 25 provisions of this chapter. 26 § 9511.4. Special revenue bonds and preliminary or interim 27 financing. 28 (a) Authorization.--The commission is authorized to provide, 29 by resolution, for the issuance of special revenue bonds of the 30 commission up to an amount not exceeding $4,000,000,000 for the 20070H1590B2179 - 162 -
1 purpose of paying the cost of the department and bond-related 2 expenses. The resolution must recite an estimate of the cost of 3 the department. No more than $600,000,000 of special revenue 4 bonds may be issued in any calendar year. No bond may be issued 5 under this section unless the lease agreement authorized under 6 section 8915.3 (relating to lease of Interstate 80) is in effect 7 as of the date of issuance. Special revenue refunding bonds as 8 set forth in section 9511.9 (relating to special revenue 9 refunding bonds) shall not be deemed to count against the total 10 or annual maximum issuance volume. The principal and interest of 11 the bond shall be payable solely from revenues of the Motor 12 License Fund pledged for that purpose to the commission in 13 combination with the amounts transferred under section 14 8915.3(4)(i). 15 (b) Form.-- 16 (1) A bond may be issued in registered form. 17 (2) A bond: 18 (i) must be dated; 19 (ii) must bear interest at a rate not exceeding the 20 rate permitted under applicable law; 21 (iii) must be payable semiannually; 22 (iv) must mature, as determined by the commission, 23 not exceeding 40 years from the date of the bond; and 24 (v) may be made redeemable before maturity, at the 25 option of the commission, at a price and under terms and 26 conditions fixed by the commission prior to the issuance 27 of the bonds. 28 (3) The amount of premium on a bond shall not cause the 29 yield to be more than permitted by applicable law from the 30 date of the bond to the date of redemption. 20070H1590B2179 - 163 -
1 (c) Issuance.-- 2 (1) The bond may be issued in registered form. The 3 commission may sell a bond in registered form at public or 4 private sale and for a price it determines to be in the best 5 interest of the Commonwealth, but no sale shall be made at a 6 price so low as to require the payment of interest on the 7 money received for the bond at more than the rate permitted 8 by applicable law, computed with relation to the absolute 9 maturity of the bond in accordance with standard tables of 10 bond values. 11 (2) A bond may be issued at public or private sale in 12 series with varying provisions as to all of the following: 13 (i) Rates of interest, which may be fixed or 14 variable. 15 (ii) Maturity. 16 (iii) Other provisions not inconsistent with this 17 chapter. 18 (d) Revenue share.--All bonds, of whatever series, shall 19 share ratably in the revenues pledged under this chapter as 20 security for the bonds, although one series of bonds may have a 21 lien on pledged revenues senior to the lien of another series of 22 bonds. 23 (e) Payment.-- 24 (1) The principal and interest of the bonds may be made 25 payable in any lawful medium. 26 (2) The commission shall: 27 (i) determine the form of bonds; and 28 (ii) fix: 29 (A) the denomination of the bond; and 30 (B) the place of payment of principal and 20070H1590B2179 - 164 -
1 interest of the bond, which may be at any bank or 2 trust company within or without this Commonwealth. 3 (f) Signature.--The bond must bear the facsimile signature 4 of the Governor and of the chairman of the commission. The 5 facsimile of the official seal of the commission shall be 6 affixed to the bond and attested by the secretary and treasurer 7 of the commission. If an officer whose signature or facsimile of 8 a signature appears on a bond ceases to be an officer before the 9 delivery of the bond, the signature or facsimile shall 10 nevertheless be valid and sufficient for all purposes, as if the 11 officer remained in office until delivery. 12 (g) Negotiability.--A special revenue bond issued under this 13 chapter shall have all the qualities and incidents of a 14 negotiable instrument under 13 Pa.C.S. Div. 3 (relating to 15 negotiable instruments). 16 (h) Proceeds.-- 17 (1) The proceeds of a bond shall be used solely for the 18 following: 19 (i) Payment of the cost of the department. 20 (ii) Bond-related expenses. 21 (iii) $5,000,000 in the aggregate of the proceeds of 22 bonds issued in any fiscal year, other than a refunding 23 issue, shall be used for county roads and bridges and 24 $30,000,000 of the proceeds in the aggregate of the bonds 25 issued in any fiscal year, other than a refunding issue, 26 shall be used for local roads and bridges to be allocated 27 under the act of June 1, 1956 (1955 P.L.1944, No.655), 28 referred to as the Liquid Fuels Tax Municipal Allocation 29 Law. 30 (2) The proceeds of a bond shall be disbursed upon 20070H1590B2179 - 165 -
1 requisition of the secretary under restrictions set forth in 2 the resolution authorizing the issuance of the bond or the 3 trust indenture under section 9511.6 (relating to trust 4 indenture, protection of holders of obligations and 5 depositories). 6 (3) If the proceeds of a bond, by error of calculation 7 or otherwise, shall be less than the cost of the department, 8 additional bonds may be issued to provide the amount of the 9 deficit and, unless otherwise provided in the resolution 10 authorizing the issuance of the bonds or in the trust 11 indenture, shall be deemed to be of the same issue and shall 12 be entitled to payment from the same fund, without preference 13 or priority of the bonds first issued. 14 (i) Temporary bonds.--Prior to the preparation of definitive 15 bonds, the commission may, under similar restrictions as those 16 applicable to the definitive bonds, issue temporary bonds, 17 exchangeable for definitive bonds upon the issuance of 18 definitive bonds. 19 (j) Replacement bonds.--The commission may provide for the 20 replacement of a bond which becomes mutilated or is destroyed or 21 lost. A replacement revenue bond may be issued without any other 22 proceedings or the happening of any other condition than those 23 proceedings and conditions required by this chapter. 24 (k) Status as securities.-- 25 (1) A bond is made a security in which any of the 26 following may properly and legally invest funds, including 27 capital, belonging to them or within their control: 28 (i) Commonwealth and municipal officers. 29 (ii) Commonwealth agencies. 30 (iii) Banks, bankers, savings banks, trust 20070H1590B2179 - 166 -
1 companies, saving and loan associations, investment 2 companies and other persons carrying on a banking 3 business. 4 (iv) Insurance companies, insurance associations and 5 other persons carrying on an insurance business. 6 (v) Fiduciaries. 7 (vi) Other persons that are authorized to invest in 8 bonds or other obligations of the Commonwealth. 9 (2) A bond is made a security which may properly and 10 legally be deposited with and received by a Commonwealth or 11 municipal officer or a Commonwealth agency for any purpose 12 for which the deposit of bonds or other obligations of the 13 Commonwealth is authorized by law. 14 (l) Borrowing.--The following shall apply: 15 (1) The commission is authorized to do all of the 16 following: 17 (i) Borrow money at an interest rate not exceeding 18 the rate permitted by law. 19 (ii) Provide for preliminary or interim financing, 20 up to but not exceeding the estimated total cost of the 21 department and bond-related expenses and to evidence the 22 borrowing by the issuance of special revenue notes and, 23 in its discretion, to pledge as collateral for the note 24 or other obligation, a special revenue bond issued under 25 the provisions of this chapter. The commission may renew 26 the note or obligation and the payment or retirement of 27 the note or obligation shall be considered to be payment 28 of the cost of the project. 29 (2) A note or obligation issued under this subsection 30 must comply with the following: 20070H1590B2179 - 167 -
1 (i) Be executed by the same persons in the same 2 manner and with the same effect as provided in this 3 section for the execution of a special revenue bond. 4 (ii) Contain a statement on its face that: 5 (A) the Commonwealth is not obligated to pay the 6 note or obligation or interest on it, except from 7 pledged revenues of the Motor License Fund; and 8 (B) neither the faith and credit nor the taxing 9 power of the Commonwealth is pledged to the payment 10 of its principal or interest. 11 (3) The issuance of a special revenue note or other 12 obligation under this chapter shall not directly or 13 indirectly or contingently obligate the Commonwealth to levy 14 a tax or make an appropriation for payment. 15 (4) A note or other obligation issued under this 16 subsection shall have all the qualities and incidents of a 17 negotiable instrument under 13 Pa.C.S. (relating to 18 commercial code). 19 § 9511.5. Application of proceeds of obligations, lien of 20 holders of obligations, design-build requirement and 21 projects approved by General Assembly. 22 (a) Application.--The following shall apply: 23 (1) All money received from any bonds, notes or other 24 obligations issued under this chapter shall be applied solely 25 to the payment of the cost of the department or to the 26 appurtenant fund. 27 (2) Until money received from any bonds, notes or other 28 obligations issued under this chapter is applied under 29 paragraph (1), a lien shall exist upon the money in favor of 30 holders of the bonds, notes or other obligations or a trustee 20070H1590B2179 - 168 -
1 provided for in respect to the bonds, notes or other 2 obligations. 3 (b) Design-build arrangements.--To facilitate the timely 4 completion of projects to be financed by the department with 5 bond proceeds, the department shall be required to utilize 6 design-build arrangements for each project estimated by the 7 department to have a value in excess of $100,000,000. The 8 selection of the party for the design-build arrangement must be 9 conducted in a manner consistent with the procurement and public 10 bidding laws applicable to the department. 11 (c) Capital plan.--All projects financed by the department 12 with bond proceeds must be set forth in the department's capital 13 plan current at the time of the financing and budget which 14 capital plan and budget shall be submitted to the General 15 Assembly on or before March 31 of each year commencing March 31, 16 2008. 17 (d) Investment.--Pending the application of proceeds to 18 costs of the department and bond-related expenses, the 19 commission may invest the funds in permitted investments as 20 defined under any trust indenture if the investment is not 21 inconsistent with existing fiduciary obligations of the 22 commission. 23 § 9511.6. Trust indenture, protection of holders of obligations 24 and depositories. 25 (a) Indenture.--In the discretion of the commission, a bond, 26 note or other obligation may be secured by a trust indenture by 27 and between the commission and a corporate trustee, which may be 28 any trust company or bank having the powers of a trust company, 29 within or without this Commonwealth. 30 (b) Pledge or assignment.--A trust indenture under 20070H1590B2179 - 169 -
1 subsection (a) may pledge or assign revenue to be received, but 2 shall not convey or mortgage the turnpike or any part of the 3 turnpike. 4 (c) Rights and remedies.--The resolution providing for the 5 issuance of the bond, note or other obligation of the trust 6 indenture may contain provisions for protecting and enforcing 7 the rights and remedies of the bondholders or holders of notes 8 or other obligations as may be reasonable and proper and not in 9 violation of law, including covenants setting forth the duties 10 of the department in relation to the acquisition of properties, 11 the construction, maintenance, operation, repair and insurance 12 of the State highway and rural State highway system and the 13 custody, safeguarding and application of all money. 14 (d) Depository.--It shall be lawful for any bank or trust 15 company incorporated under the laws of this Commonwealth to act 16 as depository of the proceeds of the bond, note or other 17 obligation or revenue, to furnish indemnity bonds or to pledge 18 securities as may be required by the commission. 19 (e) Indenture.--The trust indenture may set forth the rights 20 and remedies of the bondholders or holders of notes or other 21 obligations and of the trustee and may restrict the individual 22 right of action of bondholders or holders of notes or other 23 obligations as is customary in trust indentures securing bonds, 24 debentures of corporations, notes or other obligations. The 25 trust indenture may contain other provisions as the commission 26 may deem reasonable and proper for the security of bondholders 27 or holders of notes or other obligations. 28 § 9511.7. Exemption from Commonwealth taxation. 29 The effectuation of the purposes of this chapter is for the 30 benefit of the citizens of the Commonwealth and for the 20070H1590B2179 - 170 -
1 improvement of their commerce and prosperity. Since the 2 commission will be performing essential government functions in 3 effectuating these purposes, the commission shall not be 4 required to pay any tax or assessment on any property acquired 5 or used by it for the purposes provided under this chapter. A 6 bond, note or other obligation issued by the commission, its 7 transfer and the income from its issuance and transfer, 8 including any profits made on the sale of the bond, note or 9 other obligation, shall be free from taxation within the 10 Commonwealth. 11 § 9511.8. Pledged revenues, contracts for use of turnpike, 12 sinking fund and purchase or redemption of 13 obligations. 14 (a) Authorization.--The commission is authorized to collect 15 the pledged revenues. The pledged revenues shall be fixed and 16 adjusted as to provide funds at least sufficient to pay the 17 bonds, notes or other obligations and the interest on the bonds, 18 notes or other obligations. All sinking fund requirements and 19 other requirements provided by the resolution authorizing the 20 issuance of the bonds, notes or other obligations, or by the 21 trust indenture, shall be fixed and adjusted as the bonds, notes 22 or other obligations become due. 23 (b) Supervision.--The pledged revenues shall not be subject 24 to supervision or regulation by any Commonwealth agency other 25 than the commission. 26 (c) Set aside.--Except for the portion of the pledged 27 revenues required to provide reserves as set forth in the 28 resolution authorizing the issuance of the bonds, notes or other 29 obligations or in the trust indenture, pledged revenues, to the 30 degree amounts transferred under section 8915.3(4)(i)(relating 20070H1590B2179 - 171 -
1 to lease of Interstate 80) are not sufficient, shall be set 2 aside at regular intervals as may be provided in the resolution 3 or trust indenture, in one or more accounts, which are pledged 4 to and charged with the payment of all of the following: 5 (1) The interest upon a bond, note or other obligation, 6 as it shall become due and payable. 7 (2) The principal of a bond, note or other obligation, 8 as it shall become due and payable. 9 (3) The necessary fiscal agency charges for paying 10 principal and interest. 11 (4) A premium upon a bond retired by call or purchase. 12 (d) Sinking fund.--The use and disposition of the sinking 13 fund shall be subject to regulations as may be provided in the 14 resolution authorizing the issuance of bonds, notes or other 15 obligations or in the trust indenture, but, except as may 16 otherwise be provided in the resolution or trust indenture, the 17 sinking fund shall be a fund for the benefit of all bonds, notes 18 or other obligations issued under this chapter, without 19 distinction or priority of one over another. 20 (e) Application of money.--Subject to the provisions of the 21 resolutions authorizing the issuance of bonds, notes or other 22 obligations or of the trust indenture, any money in the sinking 23 fund in excess of an amount equal to one year's interest on all 24 bonds, notes or other obligations then outstanding may be 25 applied to the purchase or redemption of bonds, notes or other 26 obligations. All bonds, notes or other obligations purchased or 27 redeemed under this subsection shall be canceled and shall not 28 again be issued. 29 § 9511.9. Special revenue refunding bonds. 30 The commission is authorized to provide, by resolution, for 20070H1590B2179 - 172 -
1 the issuance of special revenue refunding bonds of the 2 commission for the purpose of refunding any special revenue 3 bonds, notes or other obligations issued under the provisions of 4 this chapter and then outstanding. The issuance of the special 5 revenue refunding bonds, the maturities and other details of the 6 bonds, the rights of the holders of the bonds and the duties of 7 the department and of the commission with respect to the bonds 8 shall be governed by the provisions of this chapter. 9 § 9511.10. Remedies of trustees and of holders of obligations. 10 (a) Grant of rights.--A holder of a bond, note or other 11 obligation issued under this chapter and the trustee under the 12 trust indenture may, either at law or in equity, by suit, 13 action, mandamus or other proceeding, do all of the following: 14 (1) Protect and enforce any right granted under this 15 chapter or under the resolution or trust indenture. 16 (2) Enforce and compel performance of all duties 17 required under this chapter or by resolution or trust 18 indenture to be performed by the commission or any officer of 19 its officers, including the collection of the pledged 20 reserves or amounts transferred under section 8915.3(4)(i) 21 (relating to lease of Interstate 80). 22 (b) Exception.--Rights given under this chapter may be 23 restricted by resolution passed before the issuance of the 24 bonds, notes or other obligations, or by the trust indenture. 25 § 9511.11. Motor License Fund proceeds. 26 The balance of the proceeds deposited in the Motor License 27 Fund under section 20 of the act of April 17, 1997 (P.L.6, 28 No.3), entitled, "An act amending Titles 74 (Transportation) and 29 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further 30 providing for annual appropriation and computation of subsidy 20070H1590B2179 - 173 -
1 and for distribution of funding; providing for distribution of 2 supplemental funding; further providing for use of funds 3 distributed; providing for public transportation grants 4 management accountability, for competitive procurement and for 5 the Public Transportation Assistance Fund; further providing for 6 period of registration, for duties of agents, for registration 7 and other fees, for requirements for periodic inspection of 8 vehicles, for limits on number of towed vehicles, for operation 9 of certain combinations on interstate and other highways and for 10 width and length of vehicles; providing for liquid fuels and 11 fuels permits and bond or deposit of securities, for imposition 12 of liquid fuels and fuels tax, for taxpayer, for distributor's 13 report and payment of tax, for determination of tax, penalties 14 and interest, for examination of records and equipment, for 15 retention of records by distributors and dealers, for 16 disposition and use of tax, for discontinuance or transfer of 17 business, for suspension or revocation of permits, for lien of 18 taxes, penalties and interest, for collection of unpaid taxes, 19 for reports from common carriers, for violations and reward for 20 detection of violations, for refunds, for diesel fuel importers 21 and transporters, for prohibiting use of dyed diesel fuel, for 22 disposition of fees, fines and forfeitures, for certified copies 23 of records and for uncollectible checks; further providing for 24 distribution of State highway maintenance funds and for 25 standards and methodology for data collection; providing for 26 dirt and gravel road maintenance; further providing for 27 imposition of tax and additional tax; providing for tax on 28 alternative fuels; further providing for disposition of tax 29 revenue; making an appropriation; and making repeals," is 30 pledged to secure bonds issued by the commission. The proceeds 20070H1590B2179 - 174 -
1 may be pledged to secure bonds to be issued by the commission on 2 behalf of the department for the construction, reconstruction, 3 widening, expansion, extension, maintenance and repair of and 4 safety on bridges and costs and expenses incident to those tasks 5 and fees and expenses of the commission related to the issuance 6 of the bonds, including bond-related expenses. Each month, the 7 State Treasurer shall transfer amounts as are necessary, in 8 combination with amounts transferred under sections 9 8915.3(4)(i)(relating to lease of Interstate 80) and 9511 10 (relating to allocation of proceeds) to satisfy the provisions 11 of the bond indenture relating to bonds issued under this 12 section and those amounts are authorized to be appropriated. 13 § 9511.12. Supplement to other laws and liberal construction. 14 This chapter shall be regarded as supplemental and additional 15 to powers conferred by other statutes and shall not be regarded 16 as in derogation of any powers existing on the effective date of 17 this section. The provisions of this chapter, being necessary 18 for the welfare of the Commonwealth and its citizens shall be 19 liberally construed to effect the purposes of this chapter. 20 Section 6. (a) Financial assistance made by the Department 21 of Transportation to an award recipient under 74 Pa.C.S. Ch. 13 22 prior to the effective date of this section may continue to be 23 used by award recipients for operating or capital expenses upon 24 the same terms and conditions as are contained in the notice of 25 grant award or grant agreement executed in connection with the 26 award, if the funds are expended within five years following the 27 effective date of this section. 28 (b) The Department of Transportation may continue to use all 29 funds appropriated or otherwise made available to it for public 30 transportation purposes prior to the effective date of this 20070H1590B2179 - 175 -
1 section in accordance with the laws under which the funds were 2 made available. 3 Section 7. The following shall apply: 4 (1) The General Assembly declares that the repeal under 5 paragraph (2) is necessary to effectuate the addition of 74 6 Pa.C.S. Ch. 81. 7 (2) The act of September 30, 1985 (P.L.240, No.61), 8 known as the Turnpike Organization, Extension and Toll Road 9 Conversion Act is repealed. 10 (3) Section 207.1(c)(2) of the act of April 9, 1929 11 (P.L.177, No.175), known as The Administrative Code of 1929, 12 is repealed insofar as it is inconsistent with the addition 13 of 74 Pa.C.S. § 8105. 14 (4) Sections 2301(a) and (b) of the act of March 4, 1971 15 (P.L.6, No.2), known as the Tax Reform Code of 1971, insofar 16 as they relate to the establishment and existence of the 17 Public Transportation Assistance Fund are repealed. 18 (5) All other acts and parts of acts are repealed 19 insofar as they are inconsistent with this act. 20 Section 8. The addition of 74 Pa.C.S. Ch. 81 is a 21 continuation of the act of September 30, 1985 (P.L.240, No.61), 22 known as the Turnpike Organization, Extension and Toll Road 23 Conversion Act. The following shall apply: 24 (1) Except as otherwise provided under 74 Pa.C.S. Ch. 25 81, all activities initiated under the Turnpike Organization, 26 Extension and Toll Road Conversion Act shall continue and 27 remain in full force and effect and may be completed under 74 28 Pa.C.S. Ch. 81. Orders, regulations, rules and decisions 29 which were made under the Turnpike Organization, Extension 30 and Toll Road Conversion Act and which are in effect on the 20070H1590B2179 - 176 -
1 effective date of section 7(2) of this act shall remain in 2 full force and effect until revoked, vacated or modified 3 under 74 Pa.C.S. Ch. 81. Contracts, obligations and 4 collective bargaining agreements entered into under the 5 Turnpike Organization, Extension and Toll Road Conversion Act 6 are not affected nor impaired by the repeal of the Turnpike 7 Organization, Extension and Toll Road Conversion Act. 8 (2) Except as set forth in paragraph (3), any difference 9 in language between 74 Pa.C.S. Ch. 81 and the Turnpike 10 Organization, Extension and Toll Road Conversion Act is 11 intended only to conform to the style of the Pennsylvania 12 Consolidated Statutes and is not intended to change or affect 13 the legislative intent, judicial construction or 14 administration and implementation of the Turnpike 15 Organization, Extension and Toll Road Conversion Act. 16 (3) Paragraph (2) does not apply to the addition of 74 17 Pa.C.S. § 8105. 18 Section 9. This act shall take effect as follows: 19 (1) The following provisions shall take effect 20 immediately: 21 (i) The addition of 74 Pa.C.S. § 8105. 22 (ii) Section 7(3) of this act. 23 (iii) This section. 24 (2) The remainder of this act shall take effect in 60 25 days. 26 SECTION 3. TITLE 74 IS AMENDED BY ADDING A CHAPTER CHAPTERS <-- 27 TO READ: 28 CHAPTER 15 29 SUSTAINABLE MOBILITY OPTIONS 30 SEC. 20070H1590B2179 - 177 -
1 1501. SCOPE OF CHAPTER. 2 1502. (RESERVED). 3 1503. DEFINITIONS. 4 1504. DEPARTMENT AUTHORIZATION. 5 1505. REGULATIONS. 6 1506. FUND. 7 1507. APPLICATION AND APPROVAL PROCESS. 8 1508. FEDERAL FUNDING. 9 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 10 DEPARTMENT. 11 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 12 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 13 1512. COORDINATION. 14 1513. OPERATING PROGRAM. 15 1514. ASSET IMPROVEMENT PROGRAM. 16 1515. NEW INITIATIVES PROGRAM. 17 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 18 1517. CAPITAL IMPROVEMENTS PROGRAM. 19 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 20 1519. RETROACTIVE AUTHORITY. 21 § 1501. SCOPE OF CHAPTER. 22 THIS CHAPTER RELATES TO SUSTAINABLE MOBILITY OPTIONS. 23 § 1502. (RESERVED). 24 § 1503. DEFINITIONS. 25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 26 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 27 CONTEXT CLEARLY INDICATES OTHERWISE: 28 "ACCESS TO JOBS PROJECT." A PROJECT RELATING TO THE 29 DEVELOPMENT AND MAINTENANCE OF TRANSPORTATION SERVICES DESIGNED 30 TO TRANSPORT WELFARE RECIPIENTS AND ELIGIBLE LOW-INCOME 20070H1590B2179 - 178 -
1 INDIVIDUALS TO AND FROM JOBS AND ACTIVITIES RELATED TO THEIR 2 EMPLOYMENT AS DEFINED UNDER 49 U.S.C. § 5316 (RELATING TO JOB 3 ACCESS AND REVERSE COMMUTE FORMULA GRANTS). 4 "AMERICANS WITH DISABILITIES ACT." THE AMERICANS WITH 5 DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327). 6 "ASSET MAINTENANCE COSTS." ALL VEHICLE MAINTENANCE EXPENSES, 7 NONVEHICLE MAINTENANCE AND MATERIALS EXPENSES AND THE COST OF 8 SUPPLIES USED IN THE OPERATION OF LOCAL TRANSPORTATION 9 ORGANIZATIONS AND TRANSPORTATION COMPANIES. 10 "AWARD RECIPIENT." A RECIPIENT OF FINANCIAL ASSISTANCE UNDER 11 THIS CHAPTER. 12 "BASE OPERATING ALLOCATION." THE TOTAL AMOUNT OF STATE 13 OPERATING ASSISTANCE, REIMBURSEMENT IN LIEU OF FARES FOR SENIOR 14 PASSENGERS AND OTHER ASSISTANCE WHICH WAS USED FOR OPERATING 15 ASSISTANCE AS DETERMINED BY THE DEPARTMENT IN FISCAL YEAR 2005- 16 2006. 17 "CAPITAL EXPENDITURES." ALL COSTS OF CAPITAL PROJECTS, 18 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF ACQUISITION, 19 CONSTRUCTION, INSTALLATION, START-UP OF OPERATIONS, IMPROVEMENTS 20 AND ALL WORK AND MATERIALS INCIDENT THERETO. 21 "CAPITAL PROJECT." A SYSTEM OR COMPONENT OF THE A SYSTEM FOR <-- 22 THE PROVISION OF PUBLIC PASSENGER TRANSPORTATION. THE TERM 23 INCLUDES VEHICLES; INFRASTRUCTURE POWER; PASSENGER AMENITIES; 24 STORAGE AND MAINTENANCE BUILDINGS; PARKING FACILITIES; THE LAND 25 ON WHICH ANY CAPITAL PROJECT IS SITUATED AND THE LAND NEEDED TO 26 SUPPORT IT, WHETHER OWNED IN WHOLE OR IN PART; OVERHAUL OF 27 VEHICLES; DEBT SERVICE AND THE COST OF ISSUANCE OF BONDS, NOTES 28 AND OTHER EVIDENCES OF INDEBTEDNESS WHICH A LOCAL TRANSPORTATION 29 ORGANIZATION OR TRANSPORTATION COMPANY IS PERMITTED TO ISSUE 30 UNDER ANY LAW OF THIS COMMONWEALTH. 20070H1590B2179 - 179 -
1 "COMMONWEALTH CAPITAL BONDS." EVIDENCE OF DEBT INCURRED BY 2 THE COMMONWEALTH UNDER THE ACT OF FEBRUARY 9, 1999 (P.L.1, 3 NO.1), KNOWN AS THE CAPITAL FACILITIES DEBT ENABLING ACT. 4 "COMMUNITY TRANSPORTATION SERVICE" OR "SHARED RIDE SERVICE." 5 DOOR-TO-DOOR DEMAND TRANSPORTATION THAT IS AVAILABLE TO THE 6 GENERAL PUBLIC ON A NONEXCLUSIVE BASIS, OPERATES ON A NONFIXED 7 ROUTE BASIS AND CHARGES A FARE TO ALL RIDERS. THE TERM DOES NOT 8 INCLUDE EXCLUSIVE RIDE TAXI SERVICE, CHARTER AND SIGHTSEEING 9 SERVICE, NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE 10 SERVICE. 11 "COMMUNITY TRANSPORTATION SYSTEM." A PERSON THAT PROVIDES 12 COMMUNITY TRANSPORTATION SERVICE AND CONTRACTS WITH THE 13 DEPARTMENT OF TRANSPORTATION TO RECEIVE REVENUE REPLACEMENT 14 FUNDS. 15 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 16 COMMONWEALTH. 17 "FINANCIAL ASSISTANCE." GRANTS OR OTHER TYPES OF FINANCIAL 18 SUPPORT PROVIDED BY THE DEPARTMENT OF TRANSPORTATION UNDER THIS 19 CHAPTER. 20 "FIXED GUIDEWAY SYSTEM." A FIXED-ROUTE PUBLIC TRANSPORTATION 21 SERVICE THAT USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL 22 LINE FOR THE EXCLUSIVE USE OF PUBLIC TRANSPORTATION AND OTHER 23 HIGH OCCUPANCY VEHICLES OR USES A FIXED CATENARY SYSTEM AND A 24 RIGHT-OF-WAY USABLE BY OTHER FORMS OF TRANSPORTATION. THE TERM 25 INCLUDES LIGHT RAIL, COMMUTER RAIL, AUTOMATED GUIDEWAY TRANSIT, 26 PEOPLE MOVERS, FERRY BOAT SERVICE AND FIXED GUIDEWAY FACILITIES 27 FOR BUSES SUCH AS BUS RAPID TRANSIT AND HIGH OCCUPANCY VEHICLES. 28 "FIXED-ROUTE PUBLIC TRANSPORTATION SERVICE." REGULARLY 29 SCHEDULED GENERAL PUBLIC TRANSPORTATION THAT IS PROVIDED 30 ACCORDING TO PUBLISHED SCHEDULES ALONG DESIGNATED ROUTES, WITH 20070H1590B2179 - 180 -
1 SPECIFIED STOPPING POINTS FOR THE TAKING ON AND DISCHARGING OF 2 PASSENGERS, INCLUDING PUBLIC BUS AND COMMUTER RAIL SYSTEMS AND 3 OTHER DEPARTMENT-APPROVED SERVICE. THE TERM DOES NOT INCLUDE 4 EXCLUSIVE RIDE TAXI SERVICE, CHARTER OR SIGHTSEEING SERVICE, 5 NONPUBLIC TRANSPORTATION, SCHOOL BUS AND LIMOUSINE SERVICE. 6 "FUND." THE PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED 7 UNDER SECTION 1506 (RELATING TO FUND). 8 "INTERCITY BUS SERVICE." PASSENGER BUS SERVICE OF 35 MILES 9 OR MORE IN LENGTH THAT IS PROVIDED WITH AN OVER-THE-ROAD BUS AND 10 OPERATED BETWEEN TWO NONCONTIGUOUS URBANIZED AREAS, BETWEEN AN 11 URBANIZED AREA LOCATED IN ONE COUNTY AND RURAL COMMUNITIES 12 LOCATED IN ANOTHER COUNTY OR BETWEEN RURAL COMMUNITIES LOCATED 13 IN DIFFERENT COUNTIES AND CONTAINS ALL OF THE FOLLOWING 14 ELEMENTS: 15 (1) SERVICE THAT IS OPERATED FOR A FARE ON A REGULARLY 16 SCHEDULED FIXED-ROUTE BASIS. 17 (2) SERVICE THAT IS OFFERED TO AND UTILIZED BY THE 18 GENERAL PUBLIC WITHOUT PRECONDITIONS OF ADVANCE RESERVATION 19 OR MEMBERSHIP IN A PARTICULAR ORGANIZATION. 20 "INTERCITY PASSENGER RAIL SERVICE." PASSENGER RAILROAD 21 SERVICE THAT CONNECTS TWO OR MORE URBANIZED AREAS AND IS 22 DETERMINED BY THE DEPARTMENT OF TRANSPORTATION TO QUALIFY AS 23 INTERCITY SERVICE RATHER THAN COMMUTER RAIL SERVICE. 24 "JOB ACCESS AND REVERSE COMMUTE PROJECT." A PROJECT FUNDED 25 BY THE FEDERAL TRANSIT ADMINISTRATION UNDER FEDERAL LAW. 26 "LOCAL TRANSPORTATION ORGANIZATION." ANY OF THE FOLLOWING: 27 (1) A POLITICAL SUBDIVISION OR A PUBLIC TRANSPORTATION 28 PORT OR REDEVELOPMENT AUTHORITY ORGANIZED UNDER THE LAWS OF 29 THIS COMMONWEALTH OR PURSUANT TO AN INTERSTATE COMPACT OR 30 OTHERWISE EMPOWERED TO RENDER, CONTRACT FOR THE RENDERING OR 20070H1590B2179 - 181 -
1 ASSIST IN THE RENDERING OF TRANSPORTATION SERVICE IN A 2 LIMITED AREA IN THIS COMMONWEALTH, EVEN THOUGH IT MAY ALSO 3 RENDER OR ASSIST IN RENDERING TRANSPORTATION SERVICE IN 4 ADJACENT STATES. 5 (2) A NONPROFIT ASSOCIATION THAT DIRECTLY OR INDIRECTLY 6 PROVIDES PUBLIC TRANSPORTATION SERVICE. 7 (3) A NONPROFIT ASSOCIATION OF PUBLIC TRANSPORTATION 8 PROVIDERS OPERATING WITHIN THIS COMMONWEALTH. 9 "MATERIALS AND SUPPLIES." THOSE CATEGORIES OF EXPENSES AS 10 SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS EXPENSE OBJECT CLASS 11 504, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM F 30, 12 NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 13 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 14 "NEW FIXED GUIDEWAY SYSTEM." A NEWLY CONSTRUCTED FIXED 15 GUIDEWAY SYSTEM IN A CORRIDOR OR ALIGNMENT WHERE NO SUCH SYSTEM 16 PREVIOUSLY EXISTED. 17 "NEW FREEDOM PROGRAM." A PUBLIC TRANSPORTATION PROGRAM 18 DESIGNED TO PROVIDE FUNDS TO RECIPIENTS FOR NEW PUBLIC 19 TRANSPORTATION SERVICES AND PUBLIC TRANSPORTATION ALTERNATIVES 20 BEYOND THOSE REQUIRED BY THE AMERICANS WITH DISABILITIES ACT OF 21 1990 (PUBLIC LAW 101-336, 104 STAT. 327) THAT ASSIST INDIVIDUALS 22 WITH DISABILITIES WITH TRANSPORTATION, INCLUDING TRANSPORTATION 23 TO AND FROM JOBS AND EMPLOYMENT SUPPORT SERVICES ADMINISTERED 24 UNDER THE PROVISIONS OF 49 U.S.C. § 5317 (RELATING TO NEW 25 FREEDOM PROGRAM). 26 "NEW START." THE TERM SHALL HAVE THE SAME MEANING GIVEN IT 27 IN 49 CFR § 611.5 (RELATING TO DEFINITIONS). 28 "NONURBANIZED AREA." AN AREA WITHIN THIS COMMONWEALTH THAT 29 DOES NOT FALL WITHIN AN AREA CLASSIFIED AS "URBANIZED" BY THE 30 UNITED STATES BUREAU OF THE CENSUS OF THE UNITED STATES 20070H1590B2179 - 182 -
1 DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS OF POPULATION. 2 "NONVEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 3 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 4 ASSETS, OTHER THAN VEHICLES, AS SPECIFIED IN UNIFORM SYSTEM OF 5 ACCOUNTS, EXPENSE FUNCTION 042, NATIONAL TRANSIT DATABASE 6 OPERATING EXPENSES FORM, F 30, NATIONAL TRANSIT DATABASE, FINAL 7 RULE, FEDERAL TRANSIT ADMINISTRATION, DATED JANUARY 15, 1993, OR 8 ANY SUCCESSOR. 9 "OPERATING EXPENSES." TOTAL EXPENSES REQUIRED TO CONTINUE 10 SERVICE TO THE PUBLIC AND TO PERMIT NEEDED IMPROVEMENTS IN 11 SERVICE WHICH ARE NOT SELF-SUPPORTING AND OTHERWISE FOR ANY 12 PURPOSE IN FURTHERANCE OF PUBLIC PASSENGER TRANSPORTATION, 13 INCLUDING ALL STATE ASSET MAINTENANCE COSTS. THE TERM DOES NOT 14 INCLUDE EXPENDITURES FOR CAPITAL PROJECTS UNLESS SPECIFIC 15 APPROVAL IS PROVIDED BY THE DEPARTMENT OF TRANSPORTATION. 16 "OPERATING REVENUE." THE TOTAL REVENUE EARNED BY A LOCAL 17 TRANSPORTATION ORGANIZATION OR A TRANSPORTATION COMPANY THROUGH 18 ITS TRANSIT OPERATIONS. THE TERM INCLUDES ALL OF THE FOLLOWING: 19 (1) PASSENGER FARES. 20 (2) REIMBURSEMENTS PROVIDED IN LIEU OF FARES FOR SENIOR 21 PASSENGERS. 22 (3) CHARTER, SCHOOL BUS AND ADVERTISING REVENUE. 23 (4) OTHER MISCELLANEOUS REVENUE SUCH AS PUBLIC AND 24 PRIVATE ROUTE GUARANTEE FUNDS. 25 "PARATRANSIT SERVICE." TRANSIT SERVICE OPERATING ON A 26 NONFIXED-ROUTE BASIS IN ORDER TO PROVIDE COMPLEMENTARY 27 TRANSPORTATION SERVICE TO PERSONS WHO ARE FUNCTIONALLY UNABLE TO 28 USE FIXED-ROUTE TRANSPORTATION, AS REQUIRED BY THE AMERICANS 29 WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 30 327). 20070H1590B2179 - 183 -
1 "PASSENGERS." THE TOTAL OF ALL ORIGINATING PASSENGERS PLUS 2 TRANSFER PASSENGERS CARRIED ON FIXED ROUTE SERVICE AND 3 PARATRANSIT SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR 4 AS REPORTED IN THE MOST RECENTLY PUBLISHED RECENT PUBLIC <-- 5 PASSENGER TRANSPORTATION PERFORMANCE REPORT. 6 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN 7 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT-UP PLACE THAT 8 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF 9 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY, 10 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF 11 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR 12 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT 13 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES. 14 "PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT." AN 15 ANNUAL REPORT COMPLETED BY THE DEPARTMENT OF TRANSPORTATION 16 WHICH SHALL INCLUDE ALL OF THE FOLLOWING: 17 (1) EACH LOCAL TRANSPORTATION ORGANIZATION'S PASSENGERS, 18 REVENUE VEHICLE MILES, REVENUE VEHICLE HOURS, AND SENIOR 19 PASSENGERS STATISTICS FOR THE MOST RECENTLY AVAILABLE FISCAL 20 YEAR. 21 (2) ANY OTHER STATISTICAL INFORMATION THAT THE 22 DEPARTMENT OF TRANSPORTATION DEEMS NECESSARY OR USEFUL. <-- 23 "REVENUE REPLACEMENT FUNDS." PAYMENTS MADE TO LOCAL 24 TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES TO 25 OFFSET OR PARTIALLY OFFSET FARES. 26 "REVENUE VEHICLE HOURS." THE TOTAL AMOUNT OF TIME CALCULATED 27 IN HOURS DURING WHICH VEHICLES ARE IN SERVICE AND AVAILABLE FOR 28 PUBLIC USE IN FIXED-ROUTE SERVICE OR PARATRANSIT SERVICE WITH 29 RESPECT TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST 30 RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE REPORT. THE 20070H1590B2179 - 184 -
1 TERM DOES NOT INCLUDE DEADHEAD HOURS. 2 "REVENUE VEHICLE MILES." THE TOTAL AMOUNT OF DISTANCE 3 CALCULATED IN MILES DURING WHICH VEHICLES ARE IN SERVICE AND 4 AVAILABLE FOR PUBLIC USE IN FIXED-ROUTE SERVICE OR PARATRANSIT 5 SERVICE WITH RESPECT TO THE MOST RECENT FISCAL YEAR AS REPORTED 6 IN THE MOST RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE 7 REPORT. THE TERM DOES NOT INCLUDE DEADHEAD MILES. 8 "REVERSE COMMUTE PROJECT." A PUBLIC TRANSPORTATION PROJECT 9 DESIGNED TO TRANSPORT RESIDENTS OF URBANIZED AND NONURBANIZED 10 AREAS TO SUBURBAN EMPLOYMENT OPPORTUNITIES AS DEFINED UNDER 49 11 U.S.C. § 5316 (RELATING TO JOB ACCESS AND REVERSE COMMUTE 12 FORMULA GRANTS). 13 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 14 COMMONWEALTH. 15 "SENIOR CITIZEN." A PERSON WHO IS AT LEAST 65 YEARS OF AGE. 16 "SENIOR PASSENGER." A SENIOR CITIZEN WHO RIDES ON FIXED- 17 ROUTE SERVICE. 18 "SENIOR PASSENGERS." THE NUMBER OF SENIOR PASSENGERS 19 TRANSPORTED BY A LOCAL TRANSPORTATION ORGANIZATION WITH RESPECT 20 TO THE MOST RECENT FISCAL YEAR AS REPORTED IN THE MOST RECENTLY <-- 21 PUBLISHED RECENT PUBLIC PASSENGER TRANSPORTATION PERFORMANCE <-- 22 REPORT. 23 "TAX REFORM CODE." THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), 24 KNOWN AS THE TAX REFORM CODE OF 1971. 25 "TRANSPORTATION COMPANY." A PERSON THAT RENDERS PUBLIC 26 PASSENGER TRANSPORTATION SERVICE. 27 "URBANIZED AREA." A PORTION OF THIS COMMONWEALTH CLASSIFIED 28 AS URBANIZED BY THE UNITED STATES BUREAU OF THE CENSUS OF THE 29 UNITED STATES DEPARTMENT OF COMMERCE IN THE MOST RECENT CENSUS 30 OF POPULATION. 20070H1590B2179 - 185 -
1 "VEHICLE MAINTENANCE EXPENSES." THE CATEGORIES OF COSTS 2 ASSOCIATED WITH THE INSPECTION, MAINTENANCE AND REPAIR OF 3 VEHICLES AS SPECIFIED IN UNIFORM SYSTEM OF ACCOUNTS, EXPENSE 4 FUNCTION 041, NATIONAL TRANSIT DATABASE OPERATING EXPENSES FORM 5 F 30, NATIONAL TRANSIT DATABASE, FINAL RULE, FEDERAL TRANSIT 6 ADMINISTRATION, DATED JANUARY 15, 1993, OR ANY SUCCESSOR. 7 "WELFARE-TO-WORK." ANY FEDERAL OR STATE PROGRAM DESIGNED TO 8 MOVE INDIVIDUALS FROM DEPENDENCY ON PUBLIC WELFARE PROGRAMS TO 9 SELF-SUFFICIENCY THROUGH PAID WORK. 10 § 1504. DEPARTMENT AUTHORIZATION. 11 (A) GENERAL.--THE DEPARTMENT MAY, WITHIN THE LIMITATIONS 12 PROVIDED IN THIS CHAPTER, INCUR COSTS DIRECTLY AND PROVIDE 13 FINANCIAL ASSISTANCE FOR THE PURPOSES AND ACTIVITIES ENUMERATED 14 IN THIS CHAPTER. 15 (B) SUPPLEMENTATION OF FEDERAL AND LOCAL FUNDS.--THE 16 AUTHORITY CONFERRED ON THE DEPARTMENT BY THIS CHAPTER INCLUDES, <-- 17 BUT IS NOT LIMITED TO, PROVIDING FINANCIAL ASSISTANCE FOR PUBLIC 18 PASSENGER TRANSPORTATION PURPOSES AND TO SUPPLEMENT <-- 19 SUPPLEMENTING FEDERAL FUNDING OR LOCAL FUNDING OR BOTH. <-- 20 § 1505. REGULATIONS. 21 (A) GENERAL RULE.--TO EFFECTUATE AND ENFORCE THE PROVISIONS 22 OF THIS CHAPTER, THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES 23 AND REGULATIONS AND PRESCRIBE CONDITIONS AND PROCEDURES IN ORDER 24 TO ASSURE COMPLIANCE IN CARRYING OUT THE PURPOSES FOR WHICH 25 FINANCIAL ASSISTANCE MAY BE PROVIDED UNDER THIS CHAPTER. 26 (B) TEMPORARY REGULATIONS.-- 27 (1) UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, IN ORDER 28 TO FACILITATE THE PROMPT IMPLEMENTATION OF THIS CHAPTER, 29 DURING THE TWO-YEAR PERIOD FOLLOWING THE EFFECTIVE DATE OF 30 THIS SECTION, THE DEPARTMENT SHALL PROMULGATE TEMPORARY 20070H1590B2179 - 186 -
1 REGULATIONS WHICH SHALL EXPIRE FOUR YEARS FROM THE EFFECTIVE 2 DATE OF THIS SECTION. THE TEMPORARY REGULATIONS SHALL BE 3 EXEMPT FROM THE FOLLOWING: 4 (I) THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), 5 KNOWN AS THE COMMONWEALTH ATTORNEYS ACT. 6 (II) SECTION 205 OF THE ACT OF JULY 31, 1968 7 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH 8 DOCUMENTS LAW. 9 (III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), 10 KNOWN AS THE REGULATORY REVIEW ACT. 11 (2) THE AUTHORITY OF THE DEPARTMENT TO PROMULGATE 12 TEMPORARY REGULATIONS UNDER THIS SUBSECTION SHALL EXPIRE TWO 13 YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS 14 ADOPTED AFTER THE TWO-YEAR PERIOD SHALL BE PROMULGATED AS 15 PROVIDED BY STATUTE. 16 § 1506. FUND. 17 (A) ESTABLISHMENT.--A SPECIAL FUND IS ESTABLISHED WITHIN THE 18 STATE TREASURY TO BE KNOWN AS THE PUBLIC TRANSPORTATION TRUST 19 FUND. MONEY IN THE FUND IS HEREBY APPROPRIATED, UPON APPROVAL OF 20 THE GOVERNOR, TO THE DEPARTMENT FOR THE PURPOSES SET FORTH UNDER 21 THIS CHAPTER. 22 (B) DEPOSITS TO FUND BY DEPARTMENT.-- 23 (1) THE FOLLOWING APPLY: 24 (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), UPON 25 RECEIPT, THE DEPARTMENT SHALL DEPOSIT INTO THE FUND THE 26 REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 PA.C.S. CH. 27 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND THE LEASE 28 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE 29 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. § 30 8915.3 (RELATING TO LEASE OF INTERSTATE 80) AS FOLLOWS: 20070H1590B2179 - 187 -
1 (A) FOR FISCAL YEAR 2007-2008, $250,000,000. 2 (B) FOR FISCAL YEAR 2008-2009, $250,000,000. 3 (C) FOR FISCAL YEAR 2009-2010, $250,000,000. 4 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 5 YEAR THEREAFTER, THE AMOUNT CALCULATED FOR THE 6 PREVIOUS FISCAL YEAR, INCREASED ANNUALLY BY 2.5%. <-- 7 (II) THE DEPOSITS MADE TO THE FUND UNDER THIS 8 SUBSECTION SHALL EQUAL $250,000,000 ANNUALLY FOR EACH 9 FISCAL YEAR COMMENCING AFTER THE EXPIRATION OF THE 10 CONVERSION PERIOD IF THE CONVERSION NOTICE IS NOT 11 RECEIVED BY THE SECRETARY PRIOR TO EXPIRATION OF THE 12 CONVERSION PERIOD AS SET FORTH UNDER 75 PA.C.S. § 13 8915.3(3). 14 (2) UPON RECEIPT, THE DEPARTMENT SHALL DEPOSIT THE 15 AMOUNT MADE AVAILABLE TO THE DEPARTMENT AS AN EXECUTIVE 16 AUTHORIZATION AND ANY APPROPRIATION FOR THE 2007-2008 FISCAL 17 YEAR AND EACH FISCAL YEAR THEREAFTER FROM THE STATE LOTTERY 18 FUND FOR FIXED ROUTE TRANSIT AND FOR THE FREE TRANSIT PROGRAM 19 FOR SENIOR CITIZENS ESTABLISHED UNDER THE ACT OF AUGUST 26, 20 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. THE 21 FUNDS DEPOSITED UNDER THIS PARAGRAPH SHALL ONLY BE USED AS 22 PERMITTED BY THE STATE LOTTERY LAW, EXCEPT THAT: 23 (I) FUNDS MAY BE USED TO PAY ESTIMATED TRANSIT 24 LOSSES RESULTING FROM PROVIDING FREE SERVICE FOR SENIOR 25 PASSENGERS DURING THE PROVIDER'S REGULAR HOURS OF 26 SERVICE; AND 27 (II) FARES FOR SENIOR CITIZENS ON COMMUTER RAIL 28 SERVICE SHALL BE LIMITED TO $1 PER TRIP AND SHALL BE 29 EXTENDED TO ALL HOURS OF COMMUTER RAIL SERVICE. 30 (C) OTHER DEPOSITS.--THE FOLLOWING SHALL BE DEPOSITED INTO 20070H1590B2179 - 188 -
1 THE FUND: 2 (1) 4.4% OF THE AMOUNT COLLECTED UNDER ARTICLE II OF THE 3 TAX REFORM CODE INTO THE FUND. REVENUES UNDER THIS PARAGRAPH <-- 4 SHALL BE DEPOSITED INTO THE FUND BY THE 20TH DAY OF EACH 5 MONTH FOR THE PRECEDING MONTH. THE AMOUNT DEPOSITED UNDER 6 THIS PARAGRAPH IS ESTIMATED TO BE EQUIVALENT OF THE MONEY 7 AVAILABLE TO THE DEPARTMENT FROM THE FOLLOWING SOURCES: <-- 8 (I) THE SUPPLEMENTAL PUBLIC TRANSPORTATION ACCOUNT 9 ESTABLISHED UNDER FORMER SECTION 1310.1 (RELATING TO 10 SUPPLEMENTAL PUBLIC TRANSPORTATION ASSISTANCE FUNDING). 11 (II) THE AMOUNT APPROPRIATED ANNUALLY BY THE 12 COMMONWEALTH FROM THE GENERAL FUND FOR MASS TRANSIT 13 PROGRAMS PURSUANT TO A GENERAL APPROPRIATIONS ACT. 14 (2) PROCEEDS OF COMMONWEALTH CAPITAL BONDS. 15 (3) REVENUE IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND 16 ESTABLISHED UNDER ARTICLE XXIII OF THE TAX REFORM CODE NOT 17 OTHERWISE DEDUCTED DEDICATED PURSUANT TO LAW. <-- 18 (4) OTHER APPROPRIATIONS, DEPOSITS OR TRANSFERS TO THE <-- 19 FUND. 20 (D) USE OF REVENUES.--MONEY IN THE FUND SHALL BE USED BY THE 21 DEPARTMENT AS FOLLOWS: 22 (1) TO PROVIDE FINANCIAL ASSISTANCE THROUGH THE PROGRAMS 23 ESTABLISHED UNDER THIS CHAPTER; 24 (2) FOR COSTS INCURRED DIRECTLY BY THE DEPARTMENT IN THE 25 ADMINISTRATION OF PUBLIC PASSENGER TRANSPORTATION PROGRAMS, 26 INCLUDING UNDER THIS CHAPTER; AND 27 (3) FOR ALL OTHER PURPOSES ENUMERATED UNDER THIS 28 CHAPTER. 29 (E) PROGRAM FUNDING AMOUNTS.--SUBJECT TO AVAILABLE FUNDS, 30 THE PROGRAMS ESTABLISHED UNDER THIS CHAPTER SHALL BE FUNDED 20070H1590B2179 - 189 -
1 ANNUALLY AS FOLLOWS: <-- 2 (1) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1513 3 (RELATING TO OPERATING PROGRAM), THE FOLLOWING AMOUNTS SHALL 4 BE ALLOCATED FROM THE FUND: 5 (I) ALL REVENUES DEPOSITED IN THE FUND UNDER 6 SUBSECTION (B)(1). 7 (II) ALL REVENUES DEPOSITED IN THE FUND UNDER 8 SUBSECTION (B)(2). 9 (III) 69.99% OF THE REVENUES DEPOSITED IN THE FUND 10 UNDER SUBSECTION (C)(1). 11 (IV) ALL REVENUES DEPOSITED INTO THE FUND UNDER <-- 12 SUBSECTION (C)(3). 13 (2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II), FOR 14 THE PROGRAM ESTABLISHED UNDER SECTION 1514 (RELATING TO ASSET 15 IMPROVEMENT PROGRAM): 16 (A) BY THE PROCEEDS OF COMMONWEALTH CAPITAL 17 BONDS. 18 (A.1) FOR FISCAL YEAR 2007-2008, $50,000,000 <-- 19 FROM THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 20 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 21 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 22 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 23 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 24 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 25 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 26 SUBSECTION (B)(1). 27 (B) FOR FISCAL YEAR 2008-2009, $100,000,000 FROM 28 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 29 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 30 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 20070H1590B2179 - 190 -
1 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 2 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 3 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 4 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 5 SUBSECTION (B)(1). 6 (C) FOR FISCAL YEAR 2009-2010, $150,000,000 FROM 7 THE REVENUES RECEIVED BY THE DEPARTMENT UNDER 75 8 PA.C.S. CH. 89 AND THE LEASE AGREEMENT EXECUTED 9 BETWEEN THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE 10 COMMISSION UNDER 75 PA.C.S. § 8915.3. THE AMOUNT 11 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION SHALL 12 BE DEPOSITED INTO THE FUND PRIOR TO DISTRIBUTION AND 13 SHALL BE IN ADDITION TO THE AMOUNTS RECEIVED UNDER 14 SUBSECTION (B)(1). 15 (D) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL 16 YEAR THEREAFTER, $150,000,000, INCREASED ANNUALLY THE <-- 17 AMOUNT CALCULATED FOR THE PRIOR FISCAL YEAR, 18 INCREASED BY 2.5% FROM THE REVENUES RECEIVED BY THE 19 DEPARTMENT UNDER 75 PA.C.S. CH. 89 AND THE LEASE 20 AGREEMENT EXECUTED BETWEEN THE DEPARTMENT AND THE 21 PENNSYLVANIA TURNPIKE COMMISSION UNDER 75 PA.C.S. § 22 8915.3. THE AMOUNT RECEIVED BY THE DEPARTMENT UNDER 23 THIS SECTION SHALL BE DEPOSITED INTO THE FUND PRIOR 24 TO DISTRIBUTION AND SHALL BE IN ADDITION TO THE 25 AMOUNTS RECEIVED UNDER SUBSECTION (B)(1). 26 (II) IF THE CONVERSION NOTICE IS NOT RECEIVED BY THE 27 SECRETARY PRIOR TO THE END OF THE CONVERSION PERIOD AS 28 SET FORTH IN 75 PA.C.S. § 8915.3(3), NO PAYMENT <-- 29 ADDITIONAL ALLOCATION SHALL BE REQUIRED UNDER THIS <-- 30 SUBPARAGRAPH MADE UNDER SUBPARAGRAPH (I). <-- 20070H1590B2179 - 191 -
1 (3) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1516 2 (RELATING TO PROGRAMS OF STATEWIDE SIGNIFICANCE), 5.5% 13.24% <-- 3 OF THE REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1) 4 SHALL BE ALLOCATED FROM THE FUND. 5 (4) FOR THE PROGRAM ESTABLISHED UNDER SECTION 1517 6 (RELATING TO CAPITAL IMPROVEMENTS PROGRAM), 16.77% OF THE 7 REVENUES DEPOSITED IN THE FUND UNDER SUBSECTION (C)(1). 8 ADDITIONAL FUNDS FOR THIS PROGRAM MAY BE PROVIDED FROM THE 9 FUNDS ALLOCATED BUT NOT DISTRIBUTED BASED ON THE LIMITATION 10 SET FORTH UNDER SECTION 1513(C) 1513(C)(3). <-- 11 § 1507. APPLICATION AND APPROVAL PROCESS. 12 (A) APPLICATION.--AN ELIGIBLE APPLICANT THAT WISHES TO 13 RECEIVE FINANCIAL ASSISTANCE UNDER THIS CHAPTER SHALL SUBMIT A 14 WRITTEN APPLICATION TO THE DEPARTMENT, ON A FORM DEVELOPED BY 15 THE DEPARTMENT, WHICH SHALL INCLUDE THE FOLLOWING: 16 (1) THE NAME AND ADDRESS OF THE APPLICANT. 17 (2) THE NAME AND TELEPHONE NUMBER OF A CONTACT PERSON 18 FOR THE APPLICANT. 19 (3) THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE 20 REQUESTED AND THE PROPOSED USE OF THE FUNDS. 21 (4) A STATEMENT AS TO THE PARTICULAR NEED FOR THE 22 FINANCIAL ASSISTANCE. 23 (5) A CERTIFIED COPY OF A CURRENT RESOLUTION AUTHORIZING 24 SUBMISSION OF THE APPLICATION IF THE APPLICANT IS A GOVERNING 25 BODY. 26 (6) EVIDENCE SATISFACTORY TO THE DEPARTMENT OF THE 27 COMMITMENT FOR MATCHING FUNDS REQUIRED UNDER THIS CHAPTER 28 SUFFICIENT TO MATCH THE PROJECTED FINANCIAL ASSISTANCE 29 PAYMENTS AT THE SAME TIMES THAT THE FINANCIAL ASSISTANCE 30 PAYMENTS ARE TO BE PROVIDED. 20070H1590B2179 - 192 -
1 (7) ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY 2 OR DESIRABLE. 3 (B) APPROVAL AND AWARD.--UPON DETERMINING THAT AN APPLICANT 4 HAS COMPLIED WITH THIS CHAPTER, APPLICABLE RULES AND REGULATIONS 5 AND ANY OTHER REQUIREMENT WITH RESPECT TO THE FINANCIAL 6 ASSISTANCE REQUESTED, THE DEPARTMENT MAY AWARD FINANCIAL 7 ASSISTANCE TO THE APPLICANT. IF THE DEPARTMENT AWARDS FINANCIAL 8 ASSISTANCE TO THE APPLICANT, THE DEPARTMENT AND THE APPLICANT 9 SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT SETTING FORTH 10 THE TERMS AND CONDITIONS GOVERNING THE USE OF THE FINANCIAL 11 ASSISTANCE AND THE TIMING OF PAYMENT OF THE FUNDS. THE 12 DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE APPLICATION FOR AND 13 AWARDING OF FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND SHALL 14 FORWARD THEM TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION 15 IN THE PENNSYLVANIA BULLETIN. 16 (C) RESTRICTION ON USE OF FUNDS.--FINANCIAL ASSISTANCE UNDER 17 THIS CHAPTER SHALL BE USED ONLY FOR ACTIVITIES SET FORTH UNDER 18 THE FINANCIAL ASSISTANCE AGREEMENT UNLESS THE DEPARTMENT GRANTS <-- 19 THE AWARD RECIPIENT A WAIVER ALLOWING THE FUNDS TO BE USED FOR A 20 DIFFERENT PURPOSE. THE DEPARTMENT'S REGULATIONS SHALL DESCRIBE 21 CIRCUMSTANCES UNDER WHICH IT WILL CONSIDER WAIVER REQUESTS AND 22 SHALL SET FORTH ALL INFORMATION TO BE INCLUDED IN A WAIVER 23 REQUEST. THE MAXIMUM DURATION OF A WAIVER SHALL BE ONE YEAR, AND 24 A WAIVER REQUEST SHALL INCLUDE A PLAN OF CORRECTIVE ACTION TO 25 DEMONSTRATE THAT THE AWARD RECIPIENT DOES NOT HAVE AN ONGOING 26 NEED TO USE FINANCIAL ASSISTANCE FUNDS FOR ACTIVITIES OTHER THAN 27 THOSE FOR WHICH FUNDS WERE ORIGINALLY AWARDED. 28 § 1508. FEDERAL FUNDING. 29 (A) GENERAL RULE.--THE DEPARTMENT SHALL ADMINISTER THE 30 PROGRAM PROGRAMS ESTABLISHED UNDER THIS CHAPTER IN A MANNER THAT <-- 20070H1590B2179 - 193 -
1 PERMITS FULL COOPERATION BETWEEN FEDERAL, STATE AND LOCAL 2 GOVERNMENTS, AGENCIES AND INSTRUMENTALITIES, LOCAL 3 TRANSPORTATION ORGANIZATIONS AND PRIVATE INTERESTS, SO AS TO 4 RESULT IN AS EFFECTIVE AND ECONOMICAL A PROGRAM AS POSSIBLE. 5 (B) AGREEMENTS.--THE DEPARTMENT MAY ENTER INTO AGREEMENTS 6 FOR MUTUAL COOPERATION BETWEEN OR AMONG THE DEPARTMENT AND A 7 FEDERAL AGENCY, LOCAL TRANSPORTATION ORGANIZATION OR 8 TRANSPORTATION COMPANY CONCERNING A PROJECT TO BE FUNDED WITH 9 FINANCIAL ASSISTANCE UNDER THIS CHAPTER, INCLUDING JOINT 10 APPLICATIONS FOR FEDERAL GRANTS. 11 (C) GENERAL AUTHORITY OF DEPARTMENT.--THE DEPARTMENT MAY DO 12 ANYTHING NECESSARY OR DESIRABLE TO SECURE FINANCIAL AID OR 13 COOPERATION OF A FEDERAL AGENCY FOR A PROJECT FUNDED WITH 14 FINANCIAL ASSISTANCE UNDER THIS CHAPTER AND TO COMPLY WITH A 15 FEDERAL STATUTE OR LAWFUL REQUIREMENT OF A FEDERAL AGENCY 16 AUTHORIZED TO ADMINISTER A PROGRAM OF FEDERAL AID TO 17 TRANSPORTATION. THE DEPARTMENT MAY ENTER INTO A PROTECTIVE 18 AGREEMENT WITH ORGANIZED LABOR TO THE EXTENT REQUIRED UNDER 49 19 U.S.C. § 5333 (RELATING TO LABOR STANDARDS) IN ORDER TO OBTAIN 20 FEDERAL GRANT MONEY FOR TRANSPORTATION ASSISTANCE. PROTECTIVE 21 AGREEMENTS SHALL BE NARROWLY DRAWN AND STRICTLY CONSTRUED TO 22 PROVIDE NO MORE THAN THE MINIMUM PROTECTIONS REQUIRED BY THE 23 UNITED STATES DEPARTMENT OF LABOR FOR THE AGREEMENTS. 24 (D) DIRECT RECIPIENTS.--LOCAL TRANSPORTATION ORGANIZATIONS 25 THAT ARE DIRECT RECIPIENTS OF FEDERAL FUNDING SHALL BE UNDER NO 26 OBLIGATION TO ENTER INTO CONTRACTS WITH THE DEPARTMENT FOR 27 EXPENDITURE OF THOSE FUNDS, EXCEPT THAT THE DEPARTMENT MAY 28 REQUIRE A CONTRACT FOR EXPENDITURE OF THE STATE PORTION OF THE 29 PROJECT ASSISTED BY THOSE FEDERAL FUNDS. 30 § 1509. LIMITATION ON DECISIONS, FINDINGS AND REGULATIONS OF 20070H1590B2179 - 194 -
1 DEPARTMENT. 2 ALL DECISIONS, FINDINGS AND REGULATIONS MADE BY THE 3 DEPARTMENT PURSUANT TO THIS CHAPTER SHALL BE FOR THE PURPOSES OF 4 THIS CHAPTER ONLY AND SHALL NOT CONSTITUTE EVIDENCE BEFORE A 5 REGULATORY BODY OF THIS COMMONWEALTH OR ANY OTHER JURISDICTION. 6 § 1510. PROGRAM OVERSIGHT AND ADMINISTRATION. 7 (A) REVIEW AND OVERSIGHT.--THE DEPARTMENT SHALL INITIATE AND 8 MAINTAIN A PROGRAM OF FINANCIAL AND PERFORMANCE REVIEW AND 9 OVERSIGHT FOR ALL PROGRAMS RECEIVING FINANCIAL ASSISTANCE UNDER 10 THIS CHAPTER. THE DEPARTMENT MAY PERFORM INDEPENDENT FINANCIAL 11 AUDITS OF EACH AWARD RECIPIENT TO ENSURE COMPLIANCE BY AWARD 12 RECIPIENTS WITH THIS CHAPTER, DEPARTMENT REGULATIONS AND 13 POLICIES AND FINANCIAL ASSISTANCE AGREEMENTS. AUDITS SHALL BE 14 CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING 15 STANDARDS. 16 (B) STATE RAIL TRANSIT SAFETY INSPECTION PROGRAM.--THE 17 DEPARTMENT MAY CONDUCT A STATE RAIL TRANSIT SAFETY INSPECTION 18 PROGRAM, AS MAY BE DEFINED FROM TIME TO TIME BY THE FEDERAL 19 TRANSIT ADMINISTRATION, TO MEET OVERSIGHT REQUIREMENTS OF THE 20 FEDERAL TRANSIT ADMINISTRATION. THE PUBLIC TRANSPORTATION MODES 21 COVERED SHALL INCLUDE HEAVY RAIL, LIGHT RAIL, TRACKLESS TROLLEY 22 BUS AND INCLINED PLANE SERVICES AND RELATED FACILITIES. 23 § 1511. REPORT TO GOVERNOR AND GENERAL ASSEMBLY. 24 THE FOLLOWING SHALL APPLY: 25 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEPARTMENT 26 SHALL FILE SUBMIT A PUBLIC PASSENGER TRANSPORTATION <-- 27 PERFORMANCE REPORT WITH TO THE GOVERNOR AND THE GENERAL <-- 28 ASSEMBLY BY APRIL 30 OF EACH YEAR, COVERING THE PRIOR FISCAL 29 YEAR. 30 (2) THE REPORT COVERING THE 2005-2006 FISCAL YEAR SHALL 20070H1590B2179 - 195 -
1 BE PUBLISHED SUBMITTED BY JULY 31, 2007. <-- 2 § 1512. COORDINATION. 3 COORDINATION IS REQUIRED IN REGIONS WHERE TWO OR MORE AWARD 4 RECIPIENTS HAVE SERVICES OR ACTIVITIES FOR WHICH FINANCIAL 5 ASSISTANCE IS BEING PROVIDED UNDER THIS CHAPTER TO ASSURE THAT 6 THE SERVICES OR ACTIVITIES ARE PROVIDED EFFICIENTLY AND 7 EFFECTIVELY. 8 § 1513. OPERATING PROGRAM. 9 (A) ELIGIBLE APPLICANTS.--THE FOLLOWING MAY APPLY FOR 10 FINANCIAL ASSISTANCE FOR OPERATING EXPENSES UNDER THIS SECTION: 11 (1) THE GOVERNING BODY OF A MUNICIPALITY OR AN 12 INSTRUMENTALITY OF A MUNICIPALITY. 13 (2) A COMMONWEALTH AGENCY OR INSTRUMENTALITY. 14 (3) A LOCAL TRANSPORTATION ORGANIZATION. 15 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 16 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 17 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 18 INCLUDE THE APPLICANT'S REASONABLE ESTIMATES OF OPERATING 19 REVENUE AND GOVERNMENT SUBSIDIES SUFFICIENT TO COVER ALL 20 PROJECTED OPERATING EXPENSES. 21 (C) DISTRIBUTION FORMULA.-- 22 (1) NO LATER THAN 15 BUSINESS DAYS AFTER THE EFFECTIVE 23 DATE OF THIS SECTION THE DEPARTMENT SHALL FORWARD TO THE 24 LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE 25 PENNSYLVANIA BULLETIN THE BASE OPERATING ALLOCATION FOR EACH 26 LOCAL TRANSPORTATION ORGANIZATION. 27 (1.1) FOR PURPOSES OF DETERMINING THE AMOUNT OF <-- 28 ASSISTANCE AVAILABLE FOR DISTRIBUTION UNDER THIS SUBSECTION, 29 IN ADDITION TO THE AMOUNTS ALLOCATED UNDER SECTION 30 1506(E)(1)(RELATING TO FUND), AN AMOUNT EQUAL TO THE REVENUE 20070H1590B2179 - 196 -
1 IN THE PUBLIC TRANSPORTATION ASSISTANCE FUND DEDICATED 2 PURSUANT TO LAW SHALL BE INCLUDED. 3 (2) FOR FISCAL YEAR 2007-2008 AND EVERY FISCAL YEAR 4 THEREAFTER EACH QUALIFYING LOCAL TRANSPORTATION ORGANIZATION <-- 5 SHALL RECEIVE FINANCIAL ASSISTANCE WHICH SHALL CONSIST OF THE 6 FOLLOWING: 7 (I) ITS BASE OPERATING ALLOCATION MULTIPLIED BY 8 1.0506. 9 (II) AN ADDITIONAL AMOUNT WHICH SHALL BE ALLOCATED 10 BASED ON THE FOLLOWING DISTRIBUTION FORMULA: 11 (A) TWENTY-FIVE PERCENT OF THE AWARD AMOUNT 12 SHALL BE BASED ON THE NUMBER OF PASSENGERS. THE 13 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 14 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 15 FOLLOWS: 16 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 17 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 18 BY 0.25. 19 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 20 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 21 NUMBER OF PASSENGERS. 22 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 23 (II) BY THE TOTAL NUMBER OF PASSENGERS FOR ALL 24 QUALIFYING LOCAL TRANSPORTATION ORGANIZATIONS. <-- 25 (B) TEN PERCENT OF THE AWARD AMOUNT SHALL BE 26 BASED ON THE NUMBER OF SENIOR PASSENGERS TO OFFSET 27 FREE FARES FOR SENIOR PASSENGERS. THE ACTUAL AMOUNT 28 RECEIVED BY EACH LOCAL TRANSPORTATION ORGANIZATION 29 UNDER THIS CLAUSE SHALL BE CALCULATED AS FOLLOWS: 30 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 20070H1590B2179 - 197 -
1 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 2 BY 0.10. 3 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 4 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 5 NUMBER OF SENIOR PASSENGERS. 6 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 7 (II) BY THE TOTAL NUMBER OF SENIOR PASSENGERS FOR 8 ALL QUALIFYING LOCAL TRANSPORTATION <-- 9 ORGANIZATIONS. 10 (C) THIRTY-FIVE PERCENT OF THE AWARD AMOUNT 11 SHALL BE BASED ON THE NUMBER OF REVENUE VEHICLE 12 HOURS. THE ACTUAL AMOUNT RECEIVED BY EACH LOCAL 13 TRANSPORTATION ORGANIZATION UNDER THIS CLAUSE SHALL 14 BE CALCULATED AS FOLLOWS: 15 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 16 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 17 BY 0.35. 18 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 19 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 20 NUMBER OF REVENUE VEHICLE HOURS. 21 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 22 (II) BY THE TOTAL OF THE REVENUE VEHICLE HOURS 23 FOR ALL QUALIFYING LOCAL TRANSPORTATION <-- 24 ORGANIZATIONS. 25 (D) THIRTY PERCENT OF THE AWARD AMOUNT SHALL BE 26 BASED ON THE NUMBER OF REVENUE VEHICLE MILES. THE 27 ACTUAL AMOUNT RECEIVED BY EACH LOCAL TRANSPORTATION 28 ORGANIZATION UNDER THIS CLAUSE SHALL BE CALCULATED AS 29 FOLLOWS: 30 (I) MULTIPLY THE TOTAL AMOUNT OF FUNDING 20070H1590B2179 - 198 -
1 AVAILABLE FOR DISTRIBUTION UNDER THIS PARAGRAPH 2 BY 0.30. 3 (II) MULTIPLY THE PRODUCT UNDER SUBCLAUSE 4 (I) BY THE LOCAL TRANSPORTATION ORGANIZATION'S 5 NUMBER OF REVENUE VEHICLE MILES. 6 (III) DIVIDE THE PRODUCT UNDER SUBCLAUSE 7 (II) BY THE TOTAL NUMBER OF REVENUE VEHICLE MILES 8 FOR ALL QUALIFYING LOCAL TRANSPORTATION <-- 9 ORGANIZATIONS. 10 (3) FOR THE 2007-2008 FISCAL YEAR, NO LOCAL 11 TRANSPORTATION ORGANIZATION SHALL RECEIVE TOTAL FINANCIAL 12 ASSISTANCE UNDER THIS SUBSECTION THAT WOULD BE MORE THAN 50% 13 HIGHER THAN THE AMOUNT IT RECEIVES UNDER PARAGRAPH (2)(I). <-- 14 FOR EACH SUBSEQUENT FISCAL YEAR, THE INCREASE IN THE TOTAL 15 FINANCIAL ASSISTANCE PROVIDED TO EACH APPLICANT LOCAL <-- 16 TRANSPORTATION ORGANIZATION SHALL NOT EXCEED 20% OF THE PRIOR 17 YEAR ALLOCATION. 18 (C.1) MINIMUM.--NO LOCAL TRANSPORTATION ORGANIZATION SHALL <-- 19 RECEIVE FINANCIAL ASSISTANCE UNDER THIS SECTION IN AN AMOUNT 20 LESS THAN THE AMOUNT RECEIVED IN THE PREVIOUS FISCAL YEAR. 21 (D) LOCAL MATCH REQUIREMENTS.-- 22 (1) FOR FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR 23 THEREAFTER, FINANCIAL ASSISTANCE PROVIDED UNDER THIS SECTION 24 SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING IN AN 25 AMOUNT NOT LESS THAN THE GREATER OF: 26 (I) 15% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE 27 BEING PROVIDED; OR 28 (II) THE AMOUNT REQUIRED UNDER FORMER SECTION 29 1311(D) (RELATING TO USE OF FUNDS DISTRIBUTED) FOR FISCAL 30 YEAR 2006-2007. 20070H1590B2179 - 199 -
1 (2) IN FISCAL YEAR 2007-2008 AND EACH FISCAL YEAR 2 THEREAFTER, IF THE LOCAL MATCH REQUIRED UNDER THIS SUBSECTION 3 DOES NOT EQUAL 15%, THE LOCAL MATCH SHALL BE INCREASED 4 ANNUALLY IN AN AMOUNT NOT TO EXCEED 5% UNTIL THE LOCAL MATCH 5 EQUALS 15%. 6 (3) FOR FINANCIAL ASSISTANCE TO A LOCAL TRANSPORTATION <-- 7 ORGANIZATION, ELIGIBLE ELIGIBLE LOCAL MATCHING FUNDS SHALL <-- 8 CONSIST ONLY OF CASH CONTRIBUTIONS PROVIDED BY ONE OR MORE 9 MUNICIPALITIES OR COUNTIES THAT ARE MEMBERS OF THE LOCAL <-- 10 TRANSPORTATION ORGANIZATION. THE AMOUNT OF THE MATCH AND THE 11 TIME PERIOD DURING WHICH THE MATCH MUST CONTINUE TO BE 12 AVAILABLE SHALL BE SPECIFIED IN THE FINANCIAL ASSISTANCE 13 AGREEMENT. FUNDING PROVIDED BY LOCAL AND PRIVATE ENTITIES, 14 INCLUDING ADVERTISING OR NAMING RIGHTS, MAY BE ELIGIBLE FOR 15 THE MATCH TO THE EXTENT THEY PROVIDE FOR THE COST OF TRANSIT 16 SERVICE THAT IS OPEN TO THE PUBLIC. THE FOLLOWING SHALL NOT 17 BE ELIGIBLE FOR A LOCAL MATCH: 18 (I) ANY FORM OF TRANSIT OPERATING REVENUE OR OTHER 19 FORMS OF TRANSIT INCOME PROVIDED BY THE LOCAL 20 TRANSPORTATION ORGANIZATION. 21 (II) FUNDS USED TO REPLACE FARES. 22 (4) A MUNICIPALITY IN A METROPOLITAN AREA WHICH IS A 23 MEMBER OF A LOCAL TRANSPORTATION ORGANIZATION IS AUTHORIZED 24 TO PROVIDE ANNUAL FINANCIAL ASSISTANCE FROM CURRENT REVENUES 25 TO THE LOCAL TRANSPORTATION ORGANIZATION OF WHICH IT IS A 26 MEMBER OR ENTER INTO A LONG-TERM AGREEMENT FOR PAYMENT OF 27 MONEY TO ASSIST IN DEFRAYING THE COSTS OF OPERATION, 28 MAINTENANCE AND DEBT SERVICE OF THE LOCAL TRANSPORTATION 29 ORGANIZATION OR OF A PARTICULAR PUBLIC TRANSPORTATION PROJECT 30 OF A LOCAL TRANSPORTATION ORGANIZATION. THE OBLIGATION OF A 20070H1590B2179 - 200 -
1 MUNICIPALITY UNDER AN AGREEMENT PURSUANT TO THIS PARAGRAPH 2 SHALL NOT BE CONSIDERED TO BE A PART OF THE INDEBTEDNESS OF 3 THE MUNICIPALITY, NOR SHALL THE OBLIGATION BE DEEMED TO 4 IMPAIR THE STATUS OF ANY INDEBTEDNESS OF THE MUNICIPALITY 5 WHICH WOULD OTHERWISE BE CONSIDERED SELF-SUSTAINING. 6 (E) PERFORMANCE REVIEWS.-- 7 (1) THE DEPARTMENT MAY CONDUCT PERFORMANCE REVIEWS OF AN 8 AWARD RECIPIENT UNDER THIS SECTION TO DETERMINE THE 9 EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL ASSISTANCE. 10 REVIEWS SHALL BE CONDUCTED AT REGULAR INTERVALS AS 11 ESTABLISHED BY THE DEPARTMENT IN CONSULTATION WITH THE 12 MANAGEMENT OF THE AWARD RECIPIENT. AFTER COMPLETION OF A 13 REVIEW, THE DEPARTMENT SHALL ISSUE A REPORT THAT: 14 (I) HIGHLIGHTS EXCEPTIONAL PERFORMANCE AND 15 IDENTIFIES ANY PROBLEMS THAT NEED TO BE RESOLVED; 16 (II) ASSESSES PERFORMANCE, EFFICIENCY AND 17 EFFECTIVENESS OF THE USE OF THE FINANCIAL ASSISTANCE; 18 (III) MAKES RECOMMENDATIONS ON FOLLOW-UP ACTIONS 19 REQUIRED TO REMEDY ANY PROBLEM IDENTIFIED; AND 20 (IV) PROVIDES AN ACTION PLAN DOCUMENTING WHO SHOULD 21 PERFORM THE RECOMMENDED ACTIONS AND A TIME FRAME WITHIN 22 WHICH THEY SHOULD BE PERFORMED. 23 (2) THE DEPARTMENT SHALL DELIVER THE REPORT TO THE 24 GOVERNOR, TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 25 TRANSPORTATION COMMITTEE OF THE SENATE AND TO THE CHAIRMAN 26 AND MINORITY CHAIRMAN OF THE TRANSPORTATION COMMITTEE OF THE 27 HOUSE OF REPRESENTATIVES. THE DEPARTMENT'S REGULATIONS SHALL 28 CONTAIN A DESCRIPTION OF THE IMPACT ON BOTH THE AMOUNT OF, 29 AND FUTURE ELIGIBILITY FOR, FINANCIAL ASSISTANCE UNDER THIS 30 CHAPTER BASED UPON THE DEGREE TO WHICH THE LOCAL 20070H1590B2179 - 201 -
1 TRANSPORTATION ORGANIZATION COMPLIES WITH THE RECOMMENDATIONS 2 IN THE REPORT. THE DEPARTMENT SHALL DEVELOP A LIST OF BEST 3 PRACTICES REVEALED BY THE REPORTS ISSUED UNDER THIS 4 SUBSECTION AND SHALL POST THEM ON THE DEPARTMENT'S INTERNET 5 WEBSITE. 6 (F) PERFORMANCE CRITERIA.--CRITERIA USED FOR THE REVIEWS 7 CONDUCTED UNDER SUBSECTION (E) SHALL CONSIST OF PASSENGERS PER 8 REVENUE VEHICLE HOUR, OPERATING COSTS PER REVENUE VEHICLE HOUR, 9 OPERATING REVENUE PER REVENUE VEHICLE HOUR, OPERATING COSTS PER 10 PASSENGER AND OTHER ITEMS AS THE DEPARTMENT MAY ESTABLISH. THE 11 DEPARTMENT'S REGULATIONS SHALL SET FORTH THE MINIMUM SYSTEM 12 PERFORMANCE CRITERIA, BASED UPON COMPARISON OF THE AWARD 13 RECIPIENT TO ITS PAST PERFORMANCE AND TO ITS PEERS, THAT AN 14 AWARD RECIPIENT MUST SATISFY. 15 (G) FAILURE TO SATISFY MINIMUM PERFORMANCE CRITERIA.-- 16 (1) IF A PERFORMANCE REVIEW CONDUCTED UNDER SUBSECTION 17 (E) REVEALS THAT THE PERFORMANCE OF AN AWARD RECIPIENT'S 18 TRANSPORTATION SYSTEM HAS DECREASED COMPARED TO PERFORMANCE 19 DETERMINED THROUGH A PRIOR REVIEW, THE DEPARTMENT MAY, UPON 20 THE WRITTEN REQUEST OF AN AWARD RECIPIENT, WAIVE ANY 21 REQUIREMENT FOR A REDUCTION IN THE AMOUNT OF FINANCIAL 22 ASSISTANCE TO BE AWARDED UNDER THIS SECTION FOR A REASONABLE 23 TIME PERIOD TO ALLOW THE AWARD RECIPIENT TO BRING THE SYSTEM 24 BACK TO THE REQUIRED PERFORMANCE LEVEL. THE AWARD RECIPIENT 25 SHALL PROVIDE WRITTEN JUSTIFICATION FOR PROVIDING A TIME 26 PERIOD LONGER THAN TWO YEARS. IN ORDER TO OBTAIN THE WAIVER 27 FOR THE PERIOD REQUESTED, THE AWARD RECIPIENT MUST DO ALL OF 28 THE FOLLOWING: 29 (I) DEVELOP AN ACTION PLAN TO IMPROVE SYSTEM 30 PERFORMANCE THAT CONTAINS KEY MEASURABLE MILESTONES. THE 20070H1590B2179 - 202 -
1 ACTION PLAN MUST BE ACCEPTABLE TO THE DEPARTMENT AND MUST 2 BE APPROVED BY THE DEPARTMENT IN WRITING. 3 (II) SUBMIT QUARTERLY PROGRESS REPORTS ON THE ACTION 4 PLAN TO THE DEPARTMENT. 5 (2) THE DEPARTMENT SHALL REVIEW AND EVALUATE THE AWARD 6 RECIPIENT'S PROGRESS TO DETERMINE IF THE SYSTEM HAS IMPROVED. 7 IF THE SYSTEM HAS IMPROVED, THE AWARD RECIPIENT WILL REMAIN 8 ELIGIBLE FOR FULL FORMULA FUNDING AS DETERMINED UNDER 9 SUBSECTION (C). IF THE SYSTEM HAS NOT IMPROVED BY THE END OF 10 THE WAIVER PERIOD, THE WAIVER WILL BE WITHDRAWN. EXPENSES 11 INCURRED BY THE AWARD RECIPIENT AS A RESULT OF THE FAILURE OF 12 THE AWARD RECIPIENT'S SYSTEM TO MEET THE MINIMUM PERFORMANCE 13 CRITERIA SHALL BE BORNE BY THE AWARD RECIPIENT. 14 (H) ADJUSTMENTS TO MINIMUM PERFORMANCE CRITERIA.--UPON 15 WRITTEN REQUEST OF AN AWARD RECIPIENT, THE DEPARTMENT MAY ADJUST 16 THE MINIMUM PERFORMANCE CRITERIA DESCRIBED IN SUBSECTION (G) IN 17 A GIVEN YEAR IF THE PERFORMANCE OF THE AWARD RECIPIENT'S SYSTEM 18 IS ADVERSELY AFFECTED BY CIRCUMSTANCES WHICH ARE BEYOND THE 19 AWARD RECIPIENT'S CONTROL. EXAMPLES ARE LABOR STRIKES, 20 INFRASTRUCTURE FAILURES AND NATURAL DISASTERS. THE REQUEST MUST 21 INCLUDE THE AWARD RECIPIENT'S REASONS FOR SEEKING THE 22 ADJUSTMENT. 23 § 1514. ASSET IMPROVEMENT PROGRAM. 24 (A) ELIGIBLE APPLICANTS.-- 25 (1) THE FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE FOR 26 IMPROVEMENT, REPLACEMENT OR EXPANSION OF CAPITAL PROJECTS 27 UNDER THIS SECTION: 28 (I) A LOCAL TRANSPORTATION ORGANIZATION. 29 (II) AN AGENCY OR INSTRUMENTALITY OF THE 30 COMMONWEALTH. 20070H1590B2179 - 203 -
1 (III) A PERSON RESPONSIBLE FOR COORDINATING 2 COMMUNITY TRANSPORTATION PROGRAM SERVICES. 3 (IV) ANY OTHER PERSON THE DEPARTMENT DEEMS TO BE 4 ELIGIBLE. 5 (2) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN FOUR-YEAR 6 AND 12-YEAR PLANS THAT SUMMARIZE THE CAPITAL PROJECTS AND 7 FINANCIAL ASSISTANCE COMMITMENTS FOR EACH APPLICANT. THE 8 DEPARTMENT MAY ENTER INTO MULTIYEAR AGREEMENTS TO PROVIDE 9 FINANCIAL ASSISTANCE FOR CAPITAL PROJECTS BASED UPON CASH 10 FLOW AND REVENUE PROJECTIONS FOR THE FUND. EACH CAPITAL 11 PROJECT SHALL BE BASED ON THE PLAN DEVELOPED BY THE 12 DEPARTMENT. 13 (B) APPLICATIONS.--IN ADDITION TO INFORMATION REQUIRED UNDER 14 SECTION 1507 (RELATING TO APPLICATION AND APPROVAL PROCESS), AN 15 APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 16 INCLUDE THE FOLLOWING: 17 (1) EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT THE 18 PROPOSED CAPITAL PROJECT IS INCLUDED IN THE FIRST YEAR OF THE 19 APPLICANT'S FOUR-YEAR CAPITAL PLAN AND ITS FEDERALLY APPROVED 20 TRANSPORTATION IMPROVEMENT PROGRAM. 21 (2) IF AN APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 22 FOR REPLACEMENT OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY 23 TO THE DEPARTMENT THAT THE CAPITAL PROJECT TO BE REPLACED HAS 24 EXCEEDED THE USEFUL LIFE CRITERIA AS DEFINED BY THE 25 DEPARTMENT. AT ITS DISCRETION, THE DEPARTMENT MAY APPROVE 26 FUNDING TO REPLACE A CAPITAL PROJECT THAT DOES NOT EXCEED THE 27 USEFUL LIFE CRITERIA IF THE APPLICANT PROVIDES DOCUMENTATION 28 ACCEPTABLE TO THE DEPARTMENT TO JUSTIFY THE EARLY REPLACEMENT 29 OF THE CAPITAL PROJECT. 30 (3) IF THE APPLICANT IS REQUESTING FINANCIAL ASSISTANCE 20070H1590B2179 - 204 -
1 FOR EXPANSION OF A CAPITAL PROJECT, EVIDENCE SATISFACTORY TO 2 THE DEPARTMENT THAT THE APPLICANT WILL HAVE SUFFICIENT FUTURE 3 ANNUAL OPERATING FUNDS TO SUPPORT THE PROPOSED EXPANSION. 4 (4) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT, 5 INCLUDING A RETURN ON INVESTMENT ANALYSIS OR A LIFE CYCLE 6 COST ANALYSIS, OR BOTH. 7 (C) LOCAL MATCH REQUIREMENTS.--FINANCIAL ASSISTANCE UNDER 8 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 9 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 10 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THE LOCAL 11 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) <-- 12 1513(D)(3) (RELATING TO OPERATING PROGRAM). <-- 13 (D) CONDITIONS FOR RECEIPT OF BOND FUNDING.--FINANCIAL 14 ASSISTANCE THAT IS FUNDED BY PROCEEDS OF COMMONWEALTH CAPITAL 15 BONDS MAY BE PROVIDED TO AN APPLICANT IF ALL OF THE FOLLOWING 16 CONDITIONS ARE MET: 17 (1) THE APPLICANT'S CAPITAL PROJECT HAS BEEN AUTHORIZED 18 BY A CAPITAL BUDGET PROJECT ITEMIZATION ACT. 19 (2) THE APPLICANT'S CAPITAL PROJECT WAS INCLUDED IN THE 20 DEPARTMENT'S APPROVED ANNUAL RELEASE REQUEST APPROVING THE 21 USE OF THE FUNDS FOR THE PROPOSED CAPITAL PROJECT IN THE 22 FISCAL YEAR IN WHICH THE FUNDS ARE EXPECTED TO BE EXPENDED. 23 (3) THE DEPARTMENT HAS APPROVED THE UNDERLYING 24 APPLICATION FOR THE CAPITAL PROJECT. 25 (4) THE CAPITAL PROJECT HAS A USEFUL LIFE OF 20 YEARS OR 26 LONGER. 27 (E) PRIORITIES.--THE AWARD OF FINANCIAL ASSISTANCE UNDER 28 THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING SET OF PRIORITIES 29 IN DESCENDING ORDER OF SIGNIFICANCE UNLESS A COMPELLING RETURN 30 ON INVESTMENT ANALYSIS FOR A PROJECT IN A LOWER CATEGORY IS 20070H1590B2179 - 205 -
1 PROVIDED TO AND APPROVED BY THE DEPARTMENT: 2 (1) REQUESTS FOR FUNDS REQUIRED TO SUPPORT EXISTING 3 LOCAL BOND ISSUES CURRENTLY SUPPORTED WITH STATE REVENUE 4 SOURCES, SUCH AS DEBT SERVICE AND ASSET LEASES. THE 5 COMMONWEALTH PLEDGES TO AND AGREES WITH ANY PERSON, FIRM OR 6 CORPORATION HOLDING ANY BONDS PREVIOUSLY ISSUED BY, OR ANY 7 OTHER DEBT INCURRED BY, A LOCAL TRANSPORTATION ORGANIZATION, 8 AND SECURED IN WHOLE OR PART BY A PLEDGE OF THE FUNDS 9 PROVIDED TO THE LOCAL TRANSPORTATION ORGANIZATION FROM THE 10 FUND THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS 11 VESTED IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER 12 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION 13 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION 14 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT 15 INCURRED, TOGETHER WITH THE INTEREST THEREON, IS FULLY PAID 16 OR PROVIDED FOR. 17 (2) REQUESTS FOR FUNDS REQUIRED TO MATCH FEDERALLY 18 APPROVED CAPITAL PROJECTS FUNDED UNDER 49 U.S.C. §§ 5307 19 (RELATING TO URBANIZED AREA FORMULA GRANTS) AND 5309 20 (RELATING TO CAPITAL INVESTMENT GRANTS AND LOANS) AND OTHER 21 FEDERALLY APPROVED CAPITAL PROJECTS. 22 (3) OTHER NON-FEDERAL CAPITAL PROJECTS AS DETERMINED BY 23 THE DEPARTMENT, WHICH SHALL BE FURTHER SUBJECT TO THE 24 FOLLOWING SET OF PRIORITIES IN DESCENDING ORDER OF 25 SIGNIFICANCE: 26 (I) ESSENTIAL EMERGENCY ASSET IMPROVEMENT PROJECTS. 27 (II) STANDARD REPLACEMENT OF EXISTING ASSETS THAT 28 HAVE EXCEEDED THEIR USEFUL LIFE. 29 (III) ASSET IMPROVEMENT PROJECTS TO EXTEND THE 30 USEFUL LIFE OF THE AFFECTED ASSETS. 20070H1590B2179 - 206 -
1 (IV) ACQUISITION OF NEW ASSETS AND OTHER ACCEPTABLE 2 PURPOSES, OTHER THAN PROJECTS TO BE FUNDED UNDER THE NEW 3 INITIATIVES PROGRAM DESCRIBED IN SECTION 1515 (RELATING 4 TO NEW INITIATIVES PROGRAM), AS DETERMINED BY THE <-- 5 DEPARTMENT. 6 (F) BONDING BY AWARD RECIPIENTS.--WITH THE APPROVAL OF THE 7 DEPARTMENT, AN AWARD RECIPIENT THAT IS PERMITTED BY LAW TO ISSUE 8 BONDS MAY DO SO FOR THE PURPOSE OF FINANCING A MULTIYEAR CAPITAL 9 PROJECT. THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT WITH THE 10 AWARD RECIPIENT PROVIDING THAT PAYMENTS OF THE AWARDED FUNDS 11 SUFFICIENT TO SATISFY REQUIREMENTS OF THE BONDS ISSUED BE MADE 12 DIRECTLY TO THE TRUSTEE OF THE BOND HOLDERS UNTIL SUCH TIME AS 13 THE BONDS ARE RETIRED. 14 § 1515. NEW INITIATIVES PROGRAM. 15 (A) ELIGIBLE APPLICANTS.--PERSONS ELIGIBLE TO APPLY FOR 16 FINANCIAL ASSISTANCE UNDER SECTION 1514 (RELATING TO ASSET 17 IMPROVEMENT PROGRAM) SHALL ALSO BE ELIGIBLE TO APPLY FOR 18 FINANCIAL ASSISTANCE FOR NEW OR EXPANSIONS OF FIXED GUIDEWAY 19 SYSTEMS UNDER THIS SECTION. 20 (B) APPLICATIONS.--IN ADDITION TO THE INFORMATION REQUIRED 21 UNDER SECTION 1507 (RELATING TO APPLICATION AND APPROVAL 22 PROCESS), AN APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS 23 SECTION SHALL INCLUDE ALL OF THE INFORMATION REQUIRED IN AN 24 APPLICATION FOR FINANCIAL ASSISTANCE UNDER SECTION 1514 25 (RELATING TO ASSET IMPROVEMENT PROGRAM). IF THE APPLICATION IS 26 FOR A PROPOSED EXPANSION OF A CAPITAL PROJECT, THE APPLICATION 27 SHALL ALSO INCLUDE EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT 28 THE APPLICANT WILL HAVE SUFFICIENT FUTURE ANNUAL OPERATING FUNDS 29 TO SUPPORT THE PROPOSED EXPANSION. 30 (C) SOURCE OF FUNDS AND PRIORITIES.-- 20070H1590B2179 - 207 -
1 (1) SUMS ALLOCATED FOR THE ASSET IMPROVEMENT PROGRAM 2 UNDER SECTION 1506(E)(2) (RELATING TO FUND), UP TO A MAXIMUM 3 OF $50,000,000 ANNUALLY, MAY BE USED BY THE DEPARTMENT TO 4 PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION. 5 (2) IN AWARDING FINANCIAL ASSISTANCE UNDER THIS SECTION, 6 THE DEPARTMENT SHALL GIVE PRIORITY TO APPLICANTS THAT INTEND 7 TO USE THE FUNDS TO SATISFY THE LOCAL MATCHING PORTION OF 8 FEDERALLY APPROVED NEW STARTS PROJECTS FUNDED PURSUANT TO 49 9 U.S.C. § 5309 (RELATING TO CAPITAL INVESTMENT GRANTS AND 10 LOANS). THE DEPARTMENT MAY FUND PROJECTS THAT DO NOT RECEIVE 11 FUNDING FROM THE FEDERAL NEW STARTS PROGRAM IF THE APPLICANT 12 CAN PROVIDE SUFFICIENT EVIDENCE THAT THE PROJECT CAN MEET ALL 13 OF THE FOLLOWING REQUIREMENTS: 14 (I) INVESTMENTS IN EXISTING SERVICE AREAS HAVE BEEN 15 OPTIMIZED. 16 (II) AN ANALYSIS REVEALS A REASONABLE RETURN ON 17 INVESTMENT. 18 (III) THE PUBLIC BENEFIT OF THE PROJECT HAS BEEN 19 IDENTIFIED. 20 (IV) THERE EXISTS A LOCAL DEDICATED FUNDING COMMITMENT 21 TO PAY ANY REQUIRED LOCAL MATCH FOR THE PROJECT AND ONGOING 22 OPERATING COSTS. 23 (V) THERE EXISTS LOCAL TECHNICAL ABILITY AND CAPACITY TO 24 MANAGE, CONSTRUCT AND OPERATE THE PROJECT. 25 (VI) THE PROJECT IS SUPPORTED BY THE ADOPTION OF AN 26 INTEGRATED LAND USE PLAN BY LOCAL MUNICIPALITIES. 27 (D) LOCAL MATCH REQUIREMENT.--FINANCIAL ASSISTANCE UNDER 28 THIS SECTION SHALL BE MATCHED BY LOCAL OR PRIVATE CASH FUNDING 29 IN AN AMOUNT NOT LESS THAN 3.33% OF THE AMOUNT OF THE FINANCIAL 30 ASSISTANCE BEING PROVIDED. THE SOURCE OF FUNDS FOR THIS LOCAL <-- 20070H1590B2179 - 208 -
1 MATCH SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D)(3) 2 (RELATING TO OPERATING PROGRAM). 3 § 1516. PROGRAMS OF STATEWIDE SIGNIFICANCE. 4 (A) GENERAL RULE.--MONEY IN THE FUND ALLOCATED FOR PROGRAMS 5 OF STATEWIDE SIGNIFICANCE SHALL BE USED BY THE DEPARTMENT TO 6 SUPPORT PUBLIC TRANSPORTATION PROGRAMS, ACTIVITIES AND SERVICES 7 NOT OTHERWISE FULLY FUNDED THROUGH THE OPERATING PROGRAM, 8 CAPITAL PROGRAM OR ASSET IMPROVEMENT PROGRAM. IN ADDITION TO ANY 9 REQUIREMENTS CONTAINED IN THIS SECTION, APPLICATIONS MUST COMPLY 10 WITH THE SECTION 1507 (RELATING TO APPLICATION AND APPROVAL <-- 11 PROCESS). PROGRAMS OF STATEWIDE SIGNIFICANCE SHALL INCLUDE: 12 (1) THE PERSONS WITH DISABILITIES PROGRAM. 13 (2) INTERCITY RAIL AND BUS SERVICES. 14 (3) COMMUNITY TRANSPORTATION CAPITAL AND SERVICE 15 STABILIZATION. 16 (4) THE WELFARE TO WORK PROGRAM AND MATCHING FUNDS FOR 17 FEDERAL PROGRAMS WITH SIMILAR INTENT. 18 (5) DEMONSTRATION AND RESEARCH PROJECTS. 19 (6) TECHNICAL ASSISTANCE. 20 (7) OTHER PROGRAMS AS DETERMINED BY THE DEPARTMENT. 21 (8) THE DEPARTMENT'S COSTS UNDER SECTION 1510(B) 22 (RELATING TO PROGRAM OVERSIGHT AND ADMINISTRATION) AND 23 SECTION 1518 (RELATING TO PROGRAM OVERSIGHT AND 24 ADMINISTRATION). 25 (B) PERSONS WITH DISABILITIES.--THE DEPARTMENT SHALL 26 ESTABLISH AND ADMINISTER A PROGRAM PROVIDING REDUCED FARES TO 27 PERSONS WITH DISABILITIES ON COMMUNITY TRANSPORTATION SERVICES 28 AND TO PROVIDE FINANCIAL ASSISTANCE FOR START-UP, ADMINISTRATIVE 29 AND CAPITAL EXPENSES RELATED TO REDUCED FARES FOR PERSONS WITH 30 DISABILITIES. ALL OF THE FOLLOWING SHALL APPLY: 20070H1590B2179 - 209 -
1 (1) A COMMUNITY TRANSPORTATION SYSTEM OPERATING IN THE 2 COMMONWEALTH OTHER THAN IN COUNTIES OF THE FIRST AND SECOND 3 CLASS MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 4 SUBSECTION. 5 (2) THE DEPARTMENT MAY AWARD FINANCIAL ASSISTANCE UNDER 6 THIS SUBSECTION FOR PROGRAM START-UP AND FOR CONTINUING 7 CAPITAL EXPENSES TO OFFSET ADMINISTRATIVE AND CAPITAL 8 EXPENSES. FOR COMMUNITY TRANSPORTATION TRIPS MADE BY ELIGIBLE 9 PERSONS WITH DISABILITIES, FINANCIAL ASSISTANCE MAY BE 10 AWARDED TO AN ELIGIBLE COMMUNITY TRANSPORTATION SYSTEM TO 11 REIMBURSE THE SYSTEM FOR UP TO 85% OF THE FARE ESTABLISHED 12 FOR THE GENERAL PUBLIC FOR EACH TRIP WHICH IS OUTSIDE OF A 13 FIXED-ROUTE AND PARATRANSIT SERVICE AREAS AND NOT ELIGIBLE 14 FOR FUNDING FROM ANY OTHER PROGRAM OR FUNDING SOURCE. THE 15 PERSON MAKING THE TRIP OR AN APPROVED THIRD-PARTY SPONSOR 16 SHALL CONTRIBUTE THE GREATER OF 15% OF THE FARE ESTABLISHED 17 FOR THE GENERAL PUBLIC OR THE AMERICANS WITH DISABILITIES ACT 18 COMPLEMENTARY PARATRANSIT FARE. 19 (C) INTERCITY TRANSPORTATION.--THE DEPARTMENT IS AUTHORIZED 20 TO PROVIDE FINANCIAL ASSISTANCE FOR AN EFFICIENT AND COORDINATED 21 INTERCITY COMMON CARRIER SURFACE TRANSPORTATION PROGRAM, 22 CONSISTING OF BOTH INTERCITY RAIL PASSENGER RAIL SERVICE AND <-- 23 INTERCITY BUS SERVICE TRANSPORTATION, WITH THE INTENT OF <-- 24 SUSTAINING STRONG INTERCITY CONNECTIONS. ALL OF THE FOLLOWING 25 SHALL APPLY: 26 (1) AN INTERCITY PASSENGER RAIL SERVICE PROVIDER, A 27 LOCAL TRANSPORTATION ORGANIZATION, AN AGENCY OR 28 INSTRUMENTALITY OF THE COMMONWEALTH OR A TRANSPORTATION 29 COMPANY THAT PROVIDES INTERCITY PUBLIC TRANSPORTATION SERVICE 30 MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. THE 20070H1590B2179 - 210 -
1 DEPARTMENT IS AUTHORIZED TO ENTER INTO JOINT SERVICE 2 AGREEMENTS WITH A RAILROAD COMPANY, ANY OTHER AGENCY OR 3 INSTRUMENTALITY OF THE COMMONWEALTH, A FEDERAL AGENCY OR AN 4 AGENCY OR INSTRUMENTALITY OF ANY OTHER JURISDICTION RELATING 5 TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, 6 RATES, FARES, CLASSIFICATIONS, DIVIDENDS, ALLOWANCES OR 7 CHARGES, INCLUDING CHARGES BETWEEN INTERCITY RAIL PASSENGER 8 SERVICE FACILITIES, OR RULES OR REGULATIONS PERTAINING 9 THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO 10 TRANSPORTATION IN WHOLE OR IN PART UPON INTERCITY RAIL 11 PASSENGER SERVICE FACILITIES. 12 (2) OPERATING ASSISTANCE AND CAPITAL ASSISTANCE MAY BE 13 PROVIDED FOR INTERCITY BUS AND RAIL SERVICES SERVICE AND <-- 14 INTERCITY PASSENGER RAIL SERVICE AS DETERMINED BY THE 15 DEPARTMENT. 16 (3) FOR FINANCIAL ASSISTANCE TO A TRANSPORTATION 17 COMPANY, ELIGIBLE MATCHING FUNDS SHALL CONSIST ONLY OF CASH 18 INCOME GENERATED BY THE TRANSPORTATION COMPANY FROM ITS 19 ACTIVITIES, OTHER THAN THE PROVISION OF SUBSIDIZED PUBLIC 20 PASSENGER TRANSPORTATION SERVICE, AND CONTRIBUTED BY THE 21 TRANSPORTATION COMPANY IN THE AMOUNT AND FOR THE TIME PERIOD 22 SPECIFIED IN THE FINANCIAL ASSISTANCE AGREEMENT. 23 (4) LOCAL MATCH REQUIREMENTS ARE AS FOLLOWS: 24 (I) FOR INTERCITY BUS SERVICE OPERATING AND CAPITAL <-- 25 ASSISTANCE, FINANCIAL ASSISTANCE SHALL REQUIRE A LOCAL 26 MATCH BY LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT EQUAL 27 TO AT LEAST 100% OF THE AMOUNT OF THE FINANCIAL 28 ASSISTANCE BEING PROVIDED. 29 (II) FOR INTERCITY RAIL PASSENGER RAIL SERVICE <-- 30 OPERATING AND CAPITAL ASSISTANCE, FINANCIAL ASSISTANCE 20070H1590B2179 - 211 -
1 SHALL REQUIRE A LOCAL MATCH ON A CASE-BY-CASE BASIS, 2 TAKING INTO ACCOUNT THE BEST INTERESTS OF THE 3 COMMONWEALTH. 4 (5) FOR PURPOSES OF THIS SUBSECTION, "LOCAL MATCH" IS 5 DEFINED AS LOCAL REVENUE OBTAINED FROM OTHER NONSUBSIDIZED 6 SERVICES, SUCH AS CHARTER, SCHOOL BUS OR PROFITS REALIZED 7 FROM OTHER INTERCITY BUS SERVICES. LOCAL MATCH SHALL NOT 8 INCLUDE ANY FUNDS RECEIVED FROM FEDERAL OR STATE SOURCES. 9 (D) COMMUNITY TRANSPORTATION.-- 10 (1) THE DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL 11 ASSISTANCE UNDER THIS SECTION FOR ALL OF THE FOLLOWING: 12 (I) CAPITAL EXPENDITURES FOR THE PROVISION OF 13 COMMUNITY TRANSPORTATION SERVICE; AND 14 (II) SERVICE STABILIZATION, INCLUDING: 15 (A) STABILIZING CURRENT SERVICE AND FARES. 16 (B) PROVIDING ADVICE OR TECHNICAL ASSISTANCE TO 17 ANALYZE AND ENHANCE COMMUNITY TRANSPORTATION SYSTEM 18 RESOURCES AND SERVICES. 19 (C) MAXIMIZING AVAILABLE FUNDING INCLUDING 20 FEDERAL DOLLARS. 21 (D) ENSURING EQUITABLE COST SHARING. 22 (2) SUBJECT TO THE LIMITATIONS OF THIS SUBSECTION, THE 23 FOLLOWING MAY APPLY FOR FINANCIAL ASSISTANCE UNDER THIS 24 SUBSECTION: 25 (I) THE GOVERNING BODY OF A COUNTY, OTHER THAN A 26 COUNTY OF THE FIRST OR SECOND CLASS. 27 (II) A TRANSPORTATION COMPANY DESIGNATED BY THE 28 GOVERNING BODY OF THE COUNTY AS THE COORDINATOR OF 29 COMMUNITY TRANSPORTATION SERVICE. 30 (III) AN AGENCY OR INSTRUMENTALITY OF THE 20070H1590B2179 - 212 -
1 COMMONWEALTH. <-- 2 (2.1) EACH ELIGIBLE APPLICANT SHALL BE SUBJECT TO ALL OF 3 THE FOLLOWING REQUIREMENTS: 4 (I) AN APPLICANT FOR FINANCIAL ASSISTANCE FOR 5 CAPITAL EXPENDITURES FOR THE PROVISION OF PUBLIC 6 COMMUNITY TRANSPORTATION SERVICE SHALL CERTIFY TO THE 7 DEPARTMENT THAT IT HAS TAKEN ALL REASONABLE STEPS TO 8 COORDINATE LOCAL SERVICE FOR THE ELDERLY AND PERSONS WITH 9 DISABILITIES AND THAT THE SERVICES TO BE OFFERED WITH THE 10 CAPITAL ASSETS DO NOT DUPLICATE EXISTING FIXED-ROUTE 11 SERVICES. 12 (II) THE GOVERNING BODY OF A COUNTY OR THE 13 COORDINATOR DESCRIBED UNDER THIS PARAGRAPH SHALL NOT BE 14 ELIGIBLE FOR FINANCIAL ASSISTANCE FOR SERVICE 15 STABILIZATION IF ANY OF THE FOLLOWING APPLY: 16 (A) THE COORDINATOR RECEIVES FINANCIAL 17 ASSISTANCE UNDER THE OPERATING PROGRAM ESTABLISHED 18 UNDER THIS CHAPTER. 19 (B) THE COORDINATOR IS A PRIVATE FOR-PROFIT 20 PROVIDER. 21 (3) FINANCIAL ASSISTANCE FOR SERVICE STABILIZATION MAY 22 ONLY BE PROVIDED FOR THE FOLLOWING PURPOSES: 23 (I) SHORT-TERM, LONG-TERM AND STRATEGIC PLANNING. 24 (II) TECHNOLOGY INVESTMENT. 25 (III) TRAINING PROGRAMS DESIGNED TO ENHANCE 26 TRANSPORTATION MANAGEMENT AND STAFF EXPERTISE. 27 (IV) OFFSETTING OPERATING EXPENSES THAT CANNOT BE 28 COVERED BY FARE REVENUE DUE TO EMERGENCIES. 29 (V) MARKETING ACTIVITIES. 30 (VI) OTHER STABILIZATION PURPOSES APPROVED BY THE 20070H1590B2179 - 213 -
1 DEPARTMENT. 2 (4) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 3 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 4 FEDERAL FUNDING TO SUPPORT CAPITAL PROJECTS FOR COMMUNITY 5 TRANSPORTATION SYSTEMS. 6 (5) THE DEPARTMENT SHALL CONDUCT A STUDY TO EVALUATE THE 7 EFFECTIVENESS AND EFFICIENCY OF COMMUNITY TRANSPORTATION 8 SERVICE DELIVERY AS IT RELATES TO HUMAN SERVICE PROGRAMS. THE 9 DEPARTMENT OF PUBLIC WELFARE, THE OFFICE OF THE BUDGET AND 10 THE DEPARTMENT OF AGING AND OTHER APPROPRIATE COMMONWEALTH 11 AGENCIES IDENTIFIED BY THE DEPARTMENT SHALL PARTICIPATE IN 12 THE STUDY. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF 13 THIS SECTION, THESE AGENCIES SHALL MAKE RECOMMENDATIONS TO 14 THE GOVERNOR AND THE MAJORITY AND MINORITY CHAIRPERSONS OF 15 THE TRANSPORTATION COMMITTEE OF THE SENATE AND THE MAJORITY 16 AND MINORITY CHAIRPERSONS OF THE TRANSPORTATION COMMITTEE OF 17 THE HOUSE OF REPRESENTATIVES FOR IMPROVING COORDINATION AND 18 EFFICIENCY OF HUMAN SERVICES AND COMMUNITY TRANSPORTATION. 19 (D.1) WELFARE-TO-WORK AND FEDERAL PROGRAMS MATCH.--THE 20 DEPARTMENT IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER 21 THIS SECTION TO DESIGN AND IMPLEMENT PROJECTS AND SERVICES AND 22 TO REIMBURSE AWARD RECIPIENTS FOR THE EXPENSES ASSOCIATED WITH 23 THE PROJECTS AND SERVICES THAT IDENTIFY AND ADDRESS PUBLIC 24 PASSENGER TRANSPORTATION AND RELATED BARRIERS PREVENTING 25 INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN THE FEDERAL WELFARE- 26 TO-WORK PROGRAM FROM SECURING AND MAINTAINING EMPLOYMENT AND 27 FROM ACCESSING COMMUNITY SERVICES AND FACILITIES. ALL OF THE 28 FOLLOWING SHALL APPLY: 29 (1) A LOCAL TRANSPORTATION ORGANIZATION, A 30 TRANSPORTATION COMPANY DESIGNATED BY A COUNTY AS THE 20070H1590B2179 - 214 -
1 COORDINATOR OF COMMUNITY TRANSPORTATION SERVICES OR ANY OTHER 2 PERSON APPROVED BY THE DEPARTMENT MAY APPLY TO THE DEPARTMENT 3 FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 4 (2) FINANCIAL ASSISTANCE AWARDED UNDER THIS SUBSECTION 5 SHALL BE USED FOR ANY OF THE FOLLOWING PURPOSES: 6 (I) FIXED-ROUTE SERVICE SUBSIDY. 7 (II) CONTRACTED TRANSPORTATION SERVICES. 8 (III) FIXED-ROUTE FARE DISCOUNTS. 9 (IV) COMMUNITY TRANSPORTATION FARE DISCOUNTS. 10 (V) TAXI FARE DISCOUNTS. 11 (VI) MILEAGE REIMBURSEMENT. 12 (VII) VEHICLE PURCHASE, INSURANCE, MAINTENANCE AND 13 REPAIR. 14 (VIII) DRIVER EDUCATION CLASSES. 15 (IX) ADMINISTRATIVE EXPENSES. 16 (X) CASE MANAGEMENT EXPENSES. 17 (XI) ANY OTHER ACTIVITIES CONSISTENT WITH THE 18 TRANSPORTATION RELATED ELEMENTS OF THE WELFARE-TO-WORK 19 PROGRAM. 20 (3) THE DEPARTMENT SHALL GIVE HIGH PRIORITY TO PROVIDING 21 FINANCIAL ASSISTANCE UNDER THIS SUBSECTION AS MATCH FOR 22 FEDERAL FUNDING TO SUPPORT PROJECTS WITH SIMILAR PURPOSES AND 23 ELIGIBLE USES, INCLUDING THE FEDERAL JOB ACCESS REVERSE 24 COMMUTE AND NEW FREEDOMS PROGRAMS. 25 (E) TECHNICAL ASSISTANCE AND DEMONSTRATION.--THE DEPARTMENT 26 IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE UNDER THIS SECTION 27 FOR TECHNICAL ASSISTANCE, RESEARCH AND SHORT-TERM DEMONSTRATION 28 PROJECTS. ALL OF THE FOLLOWING SHALL APPLY: 29 (1) A LOCAL TRANSPORTATION ORGANIZATION OR AN AGENCY OR 30 INSTRUMENTALITY OF THE COMMONWEALTH MAY APPLY TO THE 20070H1590B2179 - 215 -
1 DEPARTMENT FOR FINANCIAL ASSISTANCE UNDER THIS SUBSECTION. 2 (2) FINANCIAL ASSISTANCE PROVIDED UNDER THIS SUBSECTION 3 MAY BE USED FOR REIMBURSEMENT FOR ANY APPROVED OPERATING OR 4 CAPITAL COSTS RELATED TO TECHNICAL ASSISTANCE AND 5 DEMONSTRATION PROGRAM PROJECTS. FINANCIAL ASSISTANCE FOR 6 SHORT-TERM DEMONSTRATION PROJECTS MAY BE PROVIDED AT THE 7 DEPARTMENT'S DISCRETION ON AN ANNUAL BASIS BASED ON THE LEVEL 8 OF FINANCIAL COMMITMENT PROVIDED BY THE AWARD RECIPIENT TO 9 PROVIDE ONGOING FUTURE FUNDING FOR THE PROJECT AS SOON AS THE 10 PROJECT MEETS THE CRITERIA ESTABLISHED BY THE DEPARTMENT AND 11 THE AWARD RECIPIENT. FINANCIAL ASSISTANCE FOR THIS PURPOSE 12 SHALL NOT BE PROVIDED FOR MORE THAN THREE FISCAL YEARS. 13 FINANCIAL ASSISTANCE MAY BE PROVIDED TO MEET ANY SHORT-TERM 14 EMERGENCY NEED THAT REQUIRES IMMEDIATE ATTENTION AND CANNOT 15 BE FUNDED THROUGH OTHER SOURCES. 16 (3) FINANCIAL ASSISTANCE UNDER THIS SUBSECTION PROVIDED 17 TO A LOCAL TRANSPORTATION ORGANIZATION SHALL BE MATCHED BY 18 LOCAL OR PRIVATE CASH FUNDING IN AN AMOUNT NOT LESS THAN 19 3.33% OF THE AMOUNT OF THE FINANCIAL ASSISTANCE BEING 20 PROVIDED. THE SOURCES OF FUNDS FOR THE LOCAL MATCH SHALL BE 21 SUBJECT TO THE REQUIREMENTS OF SECTION 1513(D) (RELATING TO 22 OPERATING PROGRAM). 23 § 1517. CAPITAL IMPROVEMENTS PROGRAM. 24 (A) ELIGIBILITY.--A LOCAL TRANSPORTATION ORGANIZATION MAY 25 APPLY FOR FINANCIAL ASSISTANCE UNDER THIS SECTION. 26 (B) APPLICATIONS.--THE DEPARTMENT SHALL ESTABLISH THE 27 CONTENTS OF THE APPLICATION FOR THE PROGRAM ESTABLISHED UNDER 28 THIS SECTION. THE INFORMATION SHALL BE IN ADDITION TO 29 INFORMATION REQUIRED UNDER SECTION 1507 (RELATING TO APPLICATION 30 AND APPROVAL PROCESS). 20070H1590B2179 - 216 -
1 (C) DISTRIBUTION FORMULA.--THE DEPARTMENT SHALL AWARD 2 FINANCIAL ASSISTANCE UNDER THIS PROGRAM SECTION BASED ON THE <-- 3 NUMBER OF PASSENGERS. THE ACTUAL AMOUNT AWARDED TO A LOCAL 4 TRANSPORTATION ORGANIZATION UNDER THIS SUBSECTION SHALL BE 5 CALCULATED AS FOLLOWS: 6 (1) MULTIPLY THE LOCAL TRANSPORTATION ORGANIZATION'S 7 PASSENGERS BY THE TOTAL AMOUNT OF FUNDING AVAILABLE UNDER 8 THIS SECTION. 9 (2) DIVIDE THE PRODUCT UNDER PARAGRAPH (1) BY THE SUM OF 10 THE PASSENGERS FOR ALL QUALIFYING LOCAL TRANSPORTATION 11 ORGANIZATIONS. 12 (D) PAYMENTS.--FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL 13 BE PAID TO LOCAL TRANSPORTATION ORGANIZATIONS AT LEAST 14 QUARTERLY. 15 (E) REDUCTION IN FINANCIAL ASSISTANCE.--LOCAL TRANSPORTATION <-- 16 ORGANIZATIONS RECEIVING FINANCIAL ASSISTANCE UNDER THIS SECTION 17 SHALL HAVE THEIR FINANCIAL ASSISTANCE FROM THIS PROGRAM REDUCED 18 BY AN AMOUNT EQUAL TO 19 (E) REDUCTION IN FINANCIAL ASSISTANCE.--FINANCIAL ASSISTANCE <-- 20 PROVIDED TO A LOCAL TRANSPORTATION ORGANIZATION UNDER THIS 21 SECTION SHALL BE REDUCED BY ANY FINANCIAL ASSISTANCE RECEIVED 22 PREVIOUSLY UNDER THIS PROGRAM SECTION WHICH HAS NOT BEEN SPENT <-- 23 OR COMMITTED IN A CONTRACT WITHIN THREE YEARS OF ITS RECEIPT. 24 § 1518. PROGRAM OVERSIGHT AND ADMINISTRATION. 25 THE DEPARTMENT IS AUTHORIZED TO USE AVAILABLE MONEY IN THE 26 FUND TO COVER THE COSTS INCURRED BY THE DEPARTMENT IN 27 ADMINISTERING ALL OF ITS PUBLIC PASSENGER TRANSPORTATION FUNDING 28 PROGRAMS, INCLUDING THOSE ESTABLISHED UNDER THIS CHAPTER, AND 29 INCURRED IN THE CARRYING OUT OF ITS RESPONSIBILITIES WITH 30 RESPECT TO THE PROGRAMS. 20070H1590B2179 - 217 -
1 § 1519. RETROACTIVE AUTHORITY. 2 (A) DATE OF PROJECT.--FINANCIAL ASSISTANCE MAY BE AWARDED 3 UNDER THIS CHAPTER BY THE DEPARTMENT WITH REFERENCE TO AN 4 APPROPRIATE PROJECT IRRESPECTIVE OF WHEN IT WAS FIRST COMMENCED 5 OR CONSIDERED AND REGARDLESS OF WHETHER COSTS WITH RESPECT TO 6 THE PROJECT WERE INCURRED PRIOR TO THE TIME THE FINANCIAL 7 ASSISTANCE IS APPLIED FOR OR PROVIDED. 8 (B) CAPITAL PROJECTS.-- 9 (1) FOR CAPITAL PROJECTS, THE APPLICANT MUST OBTAIN 10 WRITTEN APPROVAL FROM THE DEPARTMENT PRIOR TO INCURRING ANY 11 EXPENSES FOR WHICH THE APPLICANT MAY LATER SEEK 12 REIMBURSEMENT. 13 (2) NOTWITHSTANDING PARAGRAPH (1), APPROVAL BY THE 14 DEPARTMENT SHALL NOT CONSTITUTE AN APPROVAL OF THE 15 APPLICANT'S UNDERLYING REQUEST FOR FINANCIAL ASSISTANCE. 16 (3) BY PROVIDING PREAPPROVAL UNDER THIS SUBSECTION, THE 17 DEPARTMENT MAY RECOGNIZE ANY LOCAL FUNDS ALREADY EXPENDED AS 18 SATISFYING THE LOCAL MATCH REQUIREMENT IF AND WHEN THE 19 APPLICANT'S APPLICATION IS APPROVED. 20 SECTION 4. TITLE 74 IS AMENDED BY ADDING CHAPTERS TO READ: <-- 21 CHAPTER 81 22 TURNPIKE 23 SEC. 24 8101. SCOPE OF CHAPTER. 25 8102. DEFINITIONS. 26 8103. (RESERVED). 27 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 28 OBLIGATIONS. 29 8105. COMMISSION. 30 8106. EXERCISE OF COMMISSION POWERS. 20070H1590B2179 - 218 -
1 8107. COMMISSION POWERS AND DUTIES. 2 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 3 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 4 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 5 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 6 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 7 OBLIGATIONS. 8 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 9 8114. TRUST INDENTURE AUTHORIZED. 10 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 11 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 12 8117. ELECTRONIC TOLL COLLECTION. 13 8118. REFUNDING BONDS. 14 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 15 8120. AUTHORITY GRANTED TO SECRETARY. 16 8121. (RESERVED). 17 8122. (RESERVED). 18 8123. CONSTRUCTION OF CHAPTER. 19 § 8101. SCOPE OF CHAPTER. 20 THIS CHAPTER RELATES TO TURNPIKE ORGANIZATION, EXTENSION AND 21 TOLL ROAD CONVERSION. 22 § 8102. DEFINITIONS. 23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 25 CONTEXT CLEARLY INDICATES OTHERWISE: 26 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 27 "COST OF THE DEPARTMENT." THE TERM INCLUDES THE COSTS OF ALL 28 OF THE FOLLOWING: 29 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 30 EXTENDING THE STATE HIGHWAY AND RURAL STATE HIGHWAY SYSTEM 20070H1590B2179 - 219 -
1 AND CONNECTING ROADS, TUNNELS AND BRIDGES. 2 (2) SYSTEMS OF PUBLIC PASSENGER TRANSPORTATION OR 3 PORTIONS OF THE SYSTEMS. 4 (3) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 5 FRANCHISES ACQUIRED, WHICH ARE DEEMED NECESSARY OR CONVENIENT 6 FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 7 EXTENDING UNDER PARAGRAPH (1) OR (2). 8 (4) MACHINERY AND EQUIPMENT, FINANCING CHARGES, INTEREST 9 PRIOR TO AND DURING CONSTRUCTION AND FOR ONE YEAR AFTER 10 COMPLETION OF CONSTRUCTION. 11 (5) ANY OF THE FOLLOWING: 12 (I) TRAFFIC ESTIMATES AND OF ENGINEERING AND LEGAL 13 EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES OF 14 COST AND OF REVENUES. 15 (II) OTHER EXPENSES NECESSARY OR INCIDENT TO 16 DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 17 ENTERPRISE. THIS SUBPARAGRAPH INCLUDES ADMINISTRATIVE AND 18 LEGAL EXPENSES. 19 (III) OTHER EXPENSES AS MAY BE NECESSARY OR INCIDENT 20 TO THE FINANCING AUTHORIZED UNDER THIS CHAPTER, THE 21 CONSTRUCTION, RECONSTRUCTION, WIDENING, EXPANDING OR 22 EXTENDING OF THE STATE HIGHWAY AND THE RURAL STATE 23 HIGHWAY SYSTEM AND CONNECTING ROADS, TUNNELS AND BRIDGES. 24 (IV) THE COSTS OF SYSTEMS OF PUBLIC PASSENGER 25 TRANSPORTATION OR PORTIONS OF THE SYSTEMS AND THE PLACING 26 OF THE SYSTEMS IN OPERATION AND THE CONDEMNATION OF 27 PROPERTY NECESSARY FOR CONSTRUCTION AND OPERATION OF THE <-- 28 TURNPIKES. 29 (6) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 30 DEPARTMENT OR WITH THE UNITED STATES OR AN AGENCY OF THE 20070H1590B2179 - 220 -
1 UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION OF PLANS AND 2 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 3 ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND EXPENSES 4 IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 5 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND 6 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 7 TUNNELS AND BRIDGES OR THE COSTS OF THE SYSTEMS OF PUBLIC 8 PASSENGER TRANSPORTATION OR PORTIONS OF THE SYSTEMS. 9 (7) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 10 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 11 COST OF THE DEPARTMENT. 12 "COST OF THE TURNPIKES." THE TERM INCLUDES THE COST OF: 13 (1) CONSTRUCTING, RECONSTRUCTING, WIDENING, EXPANDING OR 14 EXTENDING TURNPIKES, CONNECTING ROADS, STORM WATER MANAGEMENT 15 SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES. 16 (2) LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND 17 FRANCHISES ACQUIRED BY PURCHASE OR OTHER MEANS DEEMED 18 NECESSARY OR CONVENIENT FOR CONSTRUCTION. 19 (3) MACHINERY AND EQUIPMENT, FINANCING CHARGES AND 20 INTEREST. 21 (4) TRAFFIC ESTIMATES, ENGINEERING AND LEGAL EXPENSES, 22 PLANS, SPECIFICATIONS, SURVEYS, COST AND REVENUE ESTIMATES, 23 OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING THE 24 FEASIBILITY OR PRACTICABILITY OF THE ENTERPRISE, 25 ADMINISTRATIVE AND LEGAL EXPENSE AND OTHER EXPENSES AS MAY BE 26 NECESSARY OR INCIDENT TO THE FINANCING AUTHORIZED IN THIS 27 CHAPTER. 28 (5) CONDEMNATION OR OTHER MEANS OF ACQUISITION OF 29 PROPERTY NECESSARY FOR THE CONSTRUCTION AND OPERATION OF THE 30 TURNPIKES. 20070H1590B2179 - 221 -
1 (6) AN OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 2 COMMISSION WITH THE DEPARTMENT OR WITH THE UNITED STATES OR A 3 FEDERAL AGENCY FOR ANY OF THE FOLLOWING: 4 (I) TRAFFIC SURVEYS, PREPARATION OF PLANS AND 5 SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND OTHER 6 ENGINEERING AND ADMINISTRATIVE AND LEGAL SERVICES AND 7 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, 8 RECONSTRUCTION, WIDENING, EXPANSION OR EXTENSION OF THE 9 TURNPIKE OR ANY OF THE CONNECTING ROADS, STORM WATER 10 MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, TUNNELS AND 11 BRIDGES. 12 (II) COSTS OF REIMBURSING THE FEDERAL GOVERNMENT 13 PURSUANT TO THE MANDATES OF THE FEDERAL LAW FOR FEDERAL 14 FUNDS EXPENDED FOR INTERSTATE OR OTHER HIGHWAYS WHICH ARE 15 TO BE MADE PART OF THE TURNPIKE SYSTEM PURSUANT TO THIS 16 CHAPTER. 17 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 18 COMMONWEALTH. 19 "ELECTRONIC TOLL COLLECTION." A SYSTEM OF COLLECTING TOLLS 20 OR CHARGES THAT IS CAPABLE OF CHARGING AN ACCOUNT HOLDER FOR THE 21 PRESCRIBED TOLL BY ELECTRONIC TRANSMISSION OF INFORMATION 22 BETWEEN A DEVICE ON A VEHICLE AND A DEVICE IN A TOLL LANE AT A 23 TOLL COLLECTION FACILITY. 24 "LESSEE." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 25 ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR 26 THE USE OF A VEHICLE AND HAS EXCLUSIVE USE OF THE VEHICLE FOR 27 ANY PERIOD OF TIME. 28 "LESSOR." A PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 29 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING 30 OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, 20070H1590B2179 - 222 -
1 LEASE OR OTHER AGREEMENT UNDER WHICH THE LESSEE HAS THE 2 EXCLUSIVE USE OF THE VEHICLE FOR ANY PERIOD OF TIME. 3 "OPERATOR." AN INDIVIDUAL THAT USES OR OPERATES A VEHICLE 4 WITH OR WITHOUT PERMISSION OF THE OWNER. 5 "OWNER." EXCEPT AS PROVIDED UNDER SECTION 8116.1(E) 8117(E) <-- 6 (RELATING TO ELECTRONIC TOLL COLLECTION), AN INDIVIDUAL, 7 COPARTNERSHIP, ASSOCIATION OR CORPORATION HAVING TITLE OR 8 INTEREST IN A PROPERTY RIGHT, EASEMENT OR FRANCHISE AUTHORIZED 9 TO BE ACQUIRED UNDER THIS CHAPTER. 10 "PUBLIC PASSENGER TRANSPORTATION." TRANSPORTATION WITHIN AN 11 AREA THAT INCLUDES A MUNICIPALITY OR OTHER BUILT UP PLACE THAT 12 IS APPROPRIATE IN THE JUDGMENT OF THE DEPARTMENT OF 13 TRANSPORTATION TO SERVE COMMUTERS OR OTHERS IN THE LOCALITY 14 TAKING INTO CONSIDERATION THE LOCAL PATTERNS AND TRENDS OF 15 GROWTH BY BUS OR RAIL OR OTHER CONVEYANCE, EITHER PUBLICLY OR 16 PRIVATELY OWNED, SERVING THE GENERAL PUBLIC. THE TERM DOES NOT 17 INCLUDE SCHOOL BUSES, CHARTER OR SIGHTSEEING SERVICES. 18 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 19 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 20 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 21 THE TOWNSHIP STATE HIGHWAY LAW, AND ALL OTHER ROADS AND HIGHWAYS 22 SPECIFICALLY DESIGNATED BY THE SECRETARY OF THE COMMONWEALTH AS 23 RURAL STATE HIGHWAYS. 24 "SECRETARY." THE SECRETARY OF TRANSPORTATION OF THE 25 COMMONWEALTH. 26 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 27 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 28 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 29 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 30 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 20070H1590B2179 - 223 -
1 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE STREET MAY HAVE 2 BEEN TAKEN OVER AS A STATE HIGHWAY. 3 "SYSTEM OF PUBLIC PASSENGER TRANSPORTATION." A SYSTEM OF 4 PUBLIC PASSENGER TRANSPORTATION, INCLUDING RAIL TRANSPORTATION 5 FACILITIES USED FOR PUBLIC PASSENGER TRANSPORTATION, WHICH MAY 6 INCLUDE THE ANY OF FOLLOWING: 7 (1) RAILWAY, STREET RAILWAY, SUBWAY, ELEVATED AND 8 MONORAIL PASSENGER OR PASSENGER AND RAIL ROLLING STOCK, 9 INCLUDING SELF-PROPELLED AND GALLERY CARS, LOCOMOTIVES, 10 PASSENGER BUSES AND WIRES, POLES AND EQUIPMENT FOR THE 11 ELECTRIFICATION OF ANY OF THE RAILS, TRACKS AND ROADBEDS, 12 GUIDEWAYS, ELEVATED STRUCTURES, BUILDINGS, STATIONS, 13 TERMINALS, DOCKS, SHELTERS AND PARKING AREAS FOR USE IN 14 CONNECTION WITH THE RAIL TRANSPORTATION SYSTEMS, 15 INTERCONNECTING LINES AND TUNNELS TO PROVIDE PASSENGER OR 16 PASSENGER AND RAIL SERVICE CONNECTIONS BETWEEN TRANSPORTATION 17 SYSTEMS, TRANSPORTATION ROUTES, CORRIDORS AND RIGHTS-OF-WAY 18 THEREFOR, BUT NOT FOR PUBLIC HIGHWAYS. 19 (2) SIGNAL AND COMMUNICATION SYSTEMS NECESSARY OR 20 DESIRABLE FOR THE CONSTRUCTION, OPERATION OR IMPROVEMENT OF A 21 PUBLIC PASSENGER TRANSPORTATION SYSTEM. 22 (3) ANY IMPROVEMENT OR OVERHAUL OF ANY VEHICLE EQUIPMENT 23 OR FURNISHINGS OF ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS 24 (1) AND (2) OR ANY PART OR FRACTIONAL AND UNDIVIDED CO- 25 OWNERSHIP OR LEASEHOLD INTEREST IN ANY ONE OR COMBINATION OF 26 ANY OF THE ITEMS SPECIFIED UNDER PARAGRAPHS (1) AND (2) THAT 27 MAY BE DESIGNATED AS A SYSTEM OF PUBLIC PASSENGER 28 TRANSPORTATION BY THE SECRETARY OF TRANSPORTATION. 29 "TOLL ROAD CONVERSION." THE INCLUSION WITHIN THE TURNPIKE 30 SYSTEM AND THE IMPOSITION OF TOLLS ON THE SYSTEM OF A HIGHWAY 20070H1590B2179 - 224 -
1 THAT IS PRESENTLY TOLL FREE. 2 "TURNPIKES." ANY OF THE FOLLOWING: 3 (1) THE TURNPIKE, TURNPIKE EXTENSIONS AND TURNPIKE 4 IMPROVEMENTS. 5 (2) TOLL-FREE ROADS CONVERTED OR TO BE CONVERTED TO TOLL 6 ROADS UNDER THIS CHAPTER. 7 (3) RELATED STORM WATER MANAGEMENT SYSTEMS, 8 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES, PROPERTY 9 RIGHTS, EASEMENTS AND FRANCHISES DEEMED NECESSARY OR 10 CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, WIDENING, 11 EXPANSION, EXTENSION OR THE OPERATION OF THE TURNPIKE, 12 TURNPIKE EXTENSION, TURNPIKE IMPROVEMENT AND TOLL-FREE ROADS. 13 "VEHICLE." THE TERM AS IT IS DEFINED UNDER 75 PA.C.S. § 102 14 (RELATING TO DEFINITIONS). 15 "VIOLATION ENFORCEMENT SYSTEM." A VEHICLE SENSOR, PLACED IN 16 A LOCATION TO WORK IN CONJUNCTION WITH A TOLL COLLECTION 17 FACILITY, WHICH AUTOMATICALLY PRODUCES A VIDEOTAPE OR 18 PHOTOGRAPH, MICROPHOTOGRAPH OR OTHER RECORDED IMAGE OF THE REAR 19 PORTION OF EACH VEHICLE AT THE TIME THE VEHICLE IS USED OR 20 OPERATED IN VIOLATION OF THE TOLL COLLECTION REGULATIONS. THE 21 TERM INCLUDES ANY OTHER TECHNOLOGY WHICH IDENTIFIES A VEHICLE BY 22 PHOTOGRAPHIC, ELECTRONIC OR OTHER METHOD. 23 § 8103. (RESERVED). 24 § 8104. STATUS OF TURNPIKE REVENUE BONDS, NOTES OR OTHER 25 OBLIGATIONS. 26 (A) GENERAL RULE.--THE TURNPIKE REVENUE BONDS, NOTES OR 27 OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF THIS CHAPTER 28 SHALL NOT BE DEEMED TO BE A DEBT OF THE COMMONWEALTH OR A PLEDGE 29 OF THE FAITH AND CREDIT OF THE COMMONWEALTH, BUT BONDS, NOTES OR 30 OTHER OBLIGATIONS SHALL BE PAYABLE SOLELY FROM THE REVENUES OF 20070H1590B2179 - 225 -
1 THE COMMISSION, INCLUDING TOLLS, OR FROM FUNDS AS MAY BE 2 AVAILABLE TO THE COMMISSION FOR THAT PURPOSE. 3 (B) STATEMENT REQUIRED.--ALL BONDS, NOTES OR OTHER 4 OBLIGATIONS SHALL CONTAIN A STATEMENT ON THEIR FACE THAT THE 5 COMMONWEALTH IS NOT OBLIGATED TO PAY THE SAME OR THE INTEREST 6 THEREON EXCEPT FROM REVENUES OF THE COMMISSION, INCLUDING TOLLS, 7 OR FROM FUNDS AS MAY BE AVAILABLE TO THE COMMISSION FOR THAT 8 PURPOSE AND THAT THE FAITH AND CREDIT OF THE COMMONWEALTH IS NOT 9 PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR INTEREST OF THE 10 BONDS, NOTES OR OTHER OBLIGATIONS. 11 (C) PLEDGE OF COMMONWEALTH PROHIBITED.--THE ISSUANCE OF 12 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 13 PROVISIONS OF THIS CHAPTER SHALL NOT DIRECTLY OR INDIRECTLY OR 14 CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY OR TO PLEDGE ANY 15 FORM OF TAXATION OR TO MAKE ANY APPROPRIATION FOR THEIR PAYMENT. 16 § 8105. COMMISSION. 17 (A) (RESERVED). 18 (B) VACANCIES AND TERMS.-- 19 (1) NOTWITHSTANDING ANY OTHER LAW, ANY VACANCY IN THE 20 MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY APPOINTMENT 21 OF THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF TWO- 22 THIRDS OF THE MEMBERS ELECTED TO THE SENATE. 23 (2) THE APPOINTED MEMBER SHALL SERVE FOR A TERM OF FOUR 24 YEARS. UPON 25 THE EXPIRATION OF THIS TERM, THE APPOINTED MEMBER MAY 26 CONTINUE TO HOLD OFFICE FOR 90 DAYS OR UNTIL HIS SUCCESSOR SHALL <-- 27 BE DULY APPOINTED AND QUALIFIED. , WHICHEVER PERIOD IS SHORTER, <-- 28 BUT SHALL NOT CONTINUE TO HOLD OFFICE THEREAFTER UNLESS 29 REAPPOINTED IN ACCORDANCE WITH LAW. 30 (C) (RESERVED). 20070H1590B2179 - 226 -
1 (D) SECRETARY.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT 2 APPLY TO THE APPOINTMENT OF THE SECRETARY WHO SHALL CONTINUE TO 3 BE APPOINTED AND TO SERVE AS A MEMBER OF THE COMMISSION EX 4 OFFICIO IN ACCORDANCE WITH LAW. 5 (E) CHAIRMAN.--A MAJORITY OF THE MEMBERS OF THE COMMISSION 6 SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS CHAIRMAN. 7 UPON THE APPOINTMENT AND QUALIFICATION OF ANY NEW MEMBER TO 8 SERVE ON THE COMMISSION, THE OFFICE OF CHAIRMAN, AND THE 9 POSITIONS OF ALL OTHER OFFICERS CREATED BY LAW, SHALL BE DEEMED 10 VACANT, AND A NEW CHAIRMAN AND OTHER OFFICERS SHALL BE ELECTED 11 BY A MAJORITY OF THE MEMBERS OF THE COMMISSION. 12 (F) ACTIONS BY THE COMMISSION.--NOTWITHSTANDING ANY OTHER 13 LAW, COURT DECISION, PRECEDENT OR PRACTICE TO THE CONTRARY, ANY 14 AND ALL ACTIONS BY OR ON BEHALF OF THE COMMISSION SHALL BE TAKEN 15 SOLELY UPON THE APPROVAL OF A MAJORITY OF THE MEMBERS TO THE 16 COMMISSION. THE TERM "ACTIONS BY OR ON BEHALF OF THE COMMISSION" 17 MEANS ANY ACTION WHATSOEVER OF THE COMMISSION, INCLUDING, BUT 18 NOT LIMITED TO, THE HIRING, APPOINTMENT, REMOVAL, TRANSFER, 19 PROMOTION OR DEMOTION OF ANY OFFICERS AND EMPLOYEES; THE 20 RETENTION, USE OR REMUNERATION OF ANY ADVISORS, COUNSEL, 21 AUDITORS, ARCHITECTS, ENGINEERS OR CONSULTANTS; THE INITIATION 22 OF ANY LEGAL ACTION; THE MAKING OF ANY CONTRACTS, LEASES, 23 AGREEMENTS, BONDS, NOTES OR COVENANTS; THE APPROVAL OF 24 REQUISITIONS, PURCHASE ORDERS, INVESTMENTS AND REINVESTMENTS; 25 AND THE ADOPTION, AMENDMENT, REVISION OR RESCISSION OF ANY RULES 26 AND REGULATIONS, ORDERS OR OTHER DIRECTIVES. THE CHAIRMAN, VICE 27 CHAIRMAN OR ANY OTHER OFFICER OR EMPLOYEE OF THE COMMISSION MAY 28 TAKE NO ACTION BY OR ON BEHALF OF THE COMMISSION EXCEPT AS 29 EXPRESSLY AUTHORIZED BY A MAJORITY OF THE MEMBERS OF THE 30 COMMISSION. 20070H1590B2179 - 227 -
1 (G) COMPENSATION.--THE ANNUAL SALARY OF THE CHAIRMAN OF THE 2 PENNSYLVANIA TURNPIKE COMMISSION SHALL BE $28,500, AND THE 3 ANNUAL SALARY OF THE REMAINING MEMBERS OF THE PENNSYLVANIA 4 TURNPIKE COMMISSION SHALL BE $26,000. THESE SALARIES SHALL BE 5 PAID IN EQUAL INSTALLMENTS EVERY OTHER WEEK. 6 § 8106. EXERCISE OF COMMISSION POWERS. 7 THE EXERCISE BY THE COMMISSION OF THE POWERS CONFERRED BY 8 THIS CHAPTER IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF 9 THE TURNPIKES AND IN EFFECTING TOLL ROAD CONVERSIONS SHALL BE 10 DEEMED AND HELD TO BE AN ESSENTIAL GOVERNMENTAL FUNCTION OF THE 11 COMMONWEALTH. 12 § 8107. COMMISSION POWERS AND DUTIES. 13 (A) POWERS AND DUTIES OF COMMISSION.--THE COMMISSION MAY: 14 (1) MAINTAIN A PRINCIPAL OFFICE AT A PLACE DESIGNATED BY 15 THE COMMISSION. 16 (2) CONTRACT AND BE CONTRACTED WITH IN ITS OWN NAME. 17 (3) SUE AND BE SUED IN ITS OWN NAME, PLEAD AND BE 18 IMPLEADED. ANY CIVIL ACTION AGAINST THE COMMISSION SHALL BE 19 BROUGHT ONLY IN THE COURTS IN WHICH ACTIONS MAY BE BROUGHT 20 AGAINST THE COMMONWEALTH. 21 (4) HAVE AN OFFICIAL SEAL. 22 (5) MAKE NECESSARY RULES AND REGULATIONS FOR ITS OWN 23 GOVERNANCE AND IN CONTROL OF TRAFFIC. 24 (6) ACQUIRE, HOLD, ACCEPT, OWN, USE, HIRE, LEASE, 25 EXCHANGE, OPERATE AND DISPOSE OF PERSONAL PROPERTY, REAL 26 PROPERTY AND INTERESTS IN REAL PROPERTY AND MAKE AND ENTER 27 INTO ALL CONTRACTS AND AGREEMENTS NECESSARY OR INCIDENTAL TO 28 THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS 29 UNDER THIS CHAPTER AND EMPLOY ENGINEERING, TRAFFIC, 30 ARCHITECTURAL AND CONSTRUCTION EXPERTS AND INSPECTORS, 20070H1590B2179 - 228 -
1 ATTORNEYS AND OTHER EMPLOYEES AS MAY IN ITS JUDGMENT BE 2 NECESSARY AND FIX THEIR COMPENSATION. 3 (7) PROVIDE GRADE SEPARATIONS AT ITS OWN EXPENSE WITH 4 RESPECT TO ALL PUBLIC ROADS, STATE HIGHWAYS AND INTERSTATE 5 HIGHWAYS INTERSECTED BY THE TURNPIKES AND TO CHANGE AND 6 ADJUST THE LINES AND GRADES THEREOF SO AS TO ACCOMMODATE THE 7 SAME TO THE DESIGN FOR GRADE SEPARATION. 8 (I) THE DAMAGES INCURRED IN CHANGING AND ADJUSTING 9 THE LINES AND GRADES OF PUBLIC ROADS, STATE HIGHWAYS AND 10 INTERSTATE HIGHWAYS SHALL BE ASCERTAINED AND PAID BY THE 11 COMMISSION IN ACCORDANCE WITH 26 PA.C.S. (RELATING TO 12 EMINENT DOMAIN). 13 (II) IF THE COMMISSION SHALL FIND IT NECESSARY TO 14 PROVIDE A GRADE SEPARATION OR CHANGE THE SITE OF ANY 15 PORTION OF ANY INTERSTATE HIGHWAY, STATE HIGHWAY OR 16 PUBLIC ROAD, OR VACATE THE SAME, THE COMMISSION SHALL 17 CAUSE IT TO BE RECONSTRUCTED AND RESTORED AT THE 18 COMMISSION'S EXPENSE ON THE MOST FAVORABLE LOCATION AND 19 IN AS SATISFACTORY A MANNER AS THE ORIGINAL ROAD OR 20 VACATE IT AS THE CASE MAY BE. 21 (III) THE METHOD OF ACQUIRING THE RIGHT-OF-WAY AND 22 DETERMINING DAMAGES INCURRED IN CHANGING THE LOCATION OF 23 OR VACATING THE ROAD, STATE HIGHWAY OR INTERSTATE HIGHWAY 24 SHALL BE ASCERTAINED AND PAID FOR IN ACCORDANCE WITH 26 25 PA.C.S. 26 (8) PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN 27 WHICH ANY PUBLIC ROAD OR PART THEREOF IS LOCATED AND AFFECTED 28 BY THE LOCATION OF THE TURNPIKES, FOR THE VACATION, 29 RELOCATION OR SUPPLY OF THE SAME OR ANY PART THEREOF WITH THE 30 SAME FORCE AND EFFECT AS IS NOW GIVEN BY EXISTING LAWS TO THE 20070H1590B2179 - 229 -
1 INHABITANTS OF ANY TOWNSHIP OR THE COUNTY, AND THE 2 PROCEEDINGS UPON PETITION, WHETHER FOR THE APPOINTMENT OF 3 VIEWERS OR OTHERWISE, SHALL BE THE SAME AS PROVIDED BY 4 EXISTING LAW FOR SIMILAR PROCEEDINGS UPON THE PETITIONS. 5 (9) NEGOTIATE AND ENTER INTO INTEREST RATE SWAPS AND 6 OTHER INTEREST RATE HEDGES TO ASSIST THE COMMISSION IN 7 MANAGING INTEREST COST AND RATE RISK IN CONNECTION WITH ITS 8 DEBT. 9 (10) PROVIDE FOR COSTS OF THE DEPARTMENT. 10 (11) HAVE ALL OF THE POWERS AND PERFORM ALL THE DUTIES 11 PRESCRIBED BY THE ACT OF MAY 21, 1937 (P.L.774, NO.211), 12 REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION ACT. 13 (B) MAINTENANCE TO BE PAID OUT OF TOLLS.-- 14 (1) THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AND TOLL- 15 FREE ROADS CONVERTED TO TOLL ROADS WHEN COMPLETED AND OPEN TO 16 TRAFFIC SHALL BE MAINTAINED AND REPAIRED BY AND UNDER THE 17 CONTROL OF THE COMMISSION. 18 (2) ALL CHARGES AND COSTS FOR THE MAINTENANCE AND 19 REPAIRS ACTUALLY EXPENDED BY THE COMMISSION SHALL BE PAID OUT 20 OF TOLLS. 21 (3) THE TURNPIKE, THE TURNPIKE EXTENSIONS AND 22 IMPROVEMENTS AND THE TOLL-FREE ROADS CONVERTED TO TOLL ROADS 23 SHALL ALSO BE POLICED AND OPERATED BY A FORCE OF POLICE, TOLL 24 TAKERS AND OTHER OPERATING EMPLOYEES AS THE COMMISSION MAY IN 25 ITS DISCRETION EMPLOY. 26 § 8108. EXPENSES AND BONDING OF COMMISSION MEMBERS. 27 (A) PAYMENT OF EXPENSES.--ALL COMPENSATION AND SALARIES AND 28 ALL EXPENSES INCURRED IN CARRYING OUT THE PROVISIONS OF THIS 29 CHAPTER SHALL BE PAID SOLELY FROM FUNDS PROVIDED UNDER THE 30 AUTHORITY OF THIS CHAPTER, AND NO LIABILITY OR OBLIGATION SHALL 20070H1590B2179 - 230 -
1 BE INCURRED UNDER THIS CHAPTER BEYOND THE EXTENT TO WHICH MONEY 2 SHALL HAVE BEEN PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER. 3 (B) NO ADDITIONAL BOND REQUIRED.--THE ISSUANCE OF ANY 4 TURNPIKE REVENUE BONDS, NOTES OR OTHER OBLIGATIONS UNDER THE 5 PROVISIONS OF THIS CHAPTER SHALL NOT CAUSE ANY MEMBER OF THE 6 COMMISSION TO BE REQUIRED TO EXECUTE A BOND THAT A MEMBER OF THE 7 COMMISSION IS NOT OTHERWISE REQUIRED TO EXECUTE. 8 § 8109. ACQUISITION OF PROPERTY RIGHTS BY COMMISSION. 9 (A) CONDEMNATION.--THE COMMISSION MAY CONDEMN, PURSUANT TO 10 26 PA.C.S. (RELATING TO EMINENT DOMAIN), ANY LANDS, INTERESTS IN 11 LANDS, PROPERTY RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND 12 OTHER PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE 13 CONSTRUCTION AND EFFICIENT OPERATION OF THE TURNPIKES AND THE 14 TOLL ROAD CONVERSIONS OR NECESSARY IN THE RESTORATION OR 15 RELOCATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR DESTROYED. 16 (B) PURCHASE.-- 17 (1) THE COMMISSION MAY ACQUIRE BY PURCHASE, WHENEVER IT 18 SHALL DEEM THE PURCHASE EXPEDIENT, OR OTHERWISE ACCEPT IF 19 DEDICATED TO IT, ANY LANDS, INTERESTS IN LANDS, PROPERTY 20 RIGHTS, RIGHTS-OF-WAY, FRANCHISES, EASEMENTS AND OTHER 21 PROPERTY DEEMED NECESSARY OR CONVENIENT FOR THE CONSTRUCTION 22 AND EFFICIENT OPERATION OF THE TURNPIKES AND TOLL ROAD 23 CONVERSIONS OR NECESSARY IN THE RESTORATION OF PUBLIC OR 24 PRIVATE PROPERTY DAMAGED OR DESTROYED, WHETHER THE PROPERTY 25 HAS BEEN PREVIOUSLY CONDEMNED OR OTHERWISE, UPON TERMS AND AT 26 A PRICE AS MAY BE CONSIDERED BY THE COMMISSION TO BE 27 REASONABLE AND CAN BE AGREED UPON BETWEEN THE COMMISSION AND 28 THE OWNER THEREOF AND TO TAKE TITLE THERETO IN THE NAME OF 29 THE COMMISSION. 30 (2) THE NET PROCEEDS OF THE PURCHASE PRICE PAYABLE TO A 20070H1590B2179 - 231 -
1 MUNICIPALITY OR THE DEPARTMENT FOR ANY REAL PROPERTY OR 2 INTEREST THEREIN OBTAINED BY THE COMMISSION PURSUANT TO THIS 3 CHAPTER, LESS THE COST OF RETIRING ANY BONDED INDEBTEDNESS ON 4 THE PROPERTY OR INTEREST, SHALL BE USED EXCLUSIVELY, IN THE 5 CASE OF A MUNICIPALITY, FOR ROAD-RELATED AND BRIDGE-RELATED 6 EXPENSES AND, IN THE CASE OF THE DEPARTMENT, FOR HIGHWAY AND 7 BRIDGE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE IN THE 8 SAME ENGINEERING AND MAINTENANCE DISTRICT IN WHICH THE 9 PROPERTY IS LOCATED. 10 § 8110. PROCEDURAL REQUIREMENTS OF ACQUISITION. 11 (A) TITLE.--TITLE TO ANY PROPERTY CONDEMNED BY THE 12 COMMISSION SHALL BE TAKEN IN THE NAME OF THE COMMISSION. 13 (B) ENTRY.-- 14 (1) IN ADDITION TO ANY OTHERS POWERS SET FORTH IN THIS 15 CHAPTER, THE COMMISSION AND ITS AUTHORIZED AGENTS AND 16 EMPLOYEES MAY ENTER UPON ANY LANDS, WATERS AND PREMISES IN 17 THIS COMMONWEALTH FOR THE PURPOSE OF MAKING SURVEYS, 18 SOUNDINGS, DRILLINGS AND EXAMINATIONS, AS IT MAY DEEM 19 NECESSARY OR CONVENIENT FOR THE PURPOSE OF THIS CHAPTER. 20 (2) THE ENTRY SHALL NOT BE DEEMED A TRESPASS, NOR SHALL 21 AN ENTRY FOR THE PURPOSES BE DEEMED AN ENTRY UNDER ANY 22 CONDEMNATION PROCEEDINGS WHICH MAY BE THEN PENDING. 23 (3) THE COMMISSION SHALL MAKE REIMBURSEMENT FOR ANY 24 ACTUAL DAMAGES RESULTING TO THE LANDS, WATERS AND PREMISES AS 25 A RESULT OF THE ACTIVITIES. 26 (C) RESTORATION OF PROPERTY.--ANY PUBLIC OR PRIVATE PROPERTY 27 DAMAGED OR DESTROYED IN CARRYING OUT THE POWERS GRANTED BY THIS 28 CHAPTER SHALL BE RESTORED OR REPAIRED AND PLACED IN ITS ORIGINAL 29 CONDITION AS NEARLY AS PRACTICABLE OR ADEQUATE COMPENSATION MADE 30 FOR THE PROPERTY OUT OF FUNDS PROVIDED UNDER THE AUTHORITY OF 20070H1590B2179 - 232 -
1 THIS CHAPTER. 2 (D) POWERS OF PUBLIC BODIES.--NOTWITHSTANDING ANY OTHER 3 PROVISION OF LAW TO THE CONTRARY, A POLITICAL SUBDIVISION OR A 4 PUBLIC AGENCY OR COMMISSION OF THE COMMONWEALTH MAY LEASE, LEND, 5 DEDICATE, GRANT, CONVEY OR OTHERWISE TRANSFER TO THE COMMISSION, 6 UPON ITS REQUEST, UPON TERMS AND CONDITIONS AS THE PROPER 7 AUTHORITIES OF THE POLITICAL SUBDIVISION OR PUBLIC AGENCY OR 8 COMMISSION OF THE COMMONWEALTH DEEMS REASONABLE AND FAIR AND 9 WITHOUT THE NECESSITY FOR ANY ADVERTISEMENT, ORDER OF COURT OR 10 OTHER ACTION OR FORMALITY, OTHER THAN THE REGULAR AND FORMAL 11 ACTION OF THE AUTHORITIES CONCERNED, ANY REAL PROPERTY WHICH MAY 12 BE NECESSARY OR CONVENIENT TO THE EFFECTUATION OF THE AUTHORIZED 13 PURPOSES OF THE COMMISSION, INCLUDING PUBLIC ROADS AND OTHER 14 REAL PROPERTY ALREADY DEVOTED TO PUBLIC USE. 15 § 8111. ENTRY AND POSSESSION OF PROPERTY CONDEMNED. 16 WHENEVER THE COMMISSION HAS CONDEMNED ANY LANDS, RIGHTS, 17 RIGHTS-OF-WAY, EASEMENTS AND FRANCHISES, OR INTERESTS THEREIN, 18 AS PROVIDED IN THIS CHAPTER, THE COMMISSION MAY PROCEED TO 19 OBTAIN POSSESSION IN THE MANNER PROVIDED BY 26 PA.C.S. (RELATING 20 TO THE EMINENT DOMAIN). 21 § 8112. ISSUANCE OF TURNPIKE REVENUE BONDS OR OTHER 22 OBLIGATIONS. 23 (A) AUTHORIZATION.-- 24 (1) A BOND MUST BE AUTHORIZED BY RESOLUTION OF THE 25 COMMISSION. THE RESOLUTION MAY SPECIFY ALL OF THE FOLLOWING: 26 (I) SERIES. 27 (II) DATE OF MATURITY NOT EXCEEDING 40 YEARS FROM 28 DATE OF ISSUE. 29 (III) INTEREST. 30 (IV) DENOMINATION. 20070H1590B2179 - 233 -
1 (V) FORM, EITHER COUPON OR FULLY REGISTERED WITHOUT 2 COUPONS. 3 (VI) REGISTRATION, EXCHANGEABILITY AND 4 INTERCHANGEABILITY PRIVILEGES. 5 (VII) MEDIUM OF PAYMENT AND PLACE OF PAYMENT. 6 (VIII) TERMS OF REDEMPTION NOT EXCEEDING 105% OF THE 7 PRINCIPAL AMOUNT OF THE BOND. 8 (IX) PRIORITIES IN THE REVENUES OR RECEIPTS OF THE 9 COMMISSION. 10 (2) A BOND MUST BE SIGNED BY OR SHALL BEAR THE FACSIMILE 11 SIGNATURE OF SUCH OFFICERS AS THE COMMISSION DETERMINES. A 12 BOND MAY BE ISSUED AND DELIVERED NOTWITHSTANDING THAT ONE OR 13 MORE OF THE SIGNING OFFICERS OR THE TREASURER HAS CEASED TO 14 BE AN OFFICER WHEN THE BOND IS ACTUALLY DELIVERED. A BOND 15 MUST BE AUTHENTICATED BY AN AUTHENTICATING AGENT, A FISCAL 16 AGENT OR A TRUSTEE, IF REQUIRED BY THE AUTHORIZING 17 RESOLUTION. 18 (3) A BOND MAY BE SOLD AT PUBLIC OR PRIVATE SALE FOR A 19 PRICE DETERMINED BY THE COMMISSION. 20 (4) PENDING THE PREPARATION OF A DEFINITIVE BOND, 21 INTERIM RECEIPTS OR TEMPORARY BONDS WITHOUT COUPONS MAY BE 22 ISSUED TO THE PURCHASER AND MAY CONTAIN TERMS AND CONDITIONS 23 AS THE COMMISSION DETERMINES. 24 (B) PROVISIONS.--A RESOLUTION AUTHORIZING A BOND MAY CONTAIN 25 PROVISIONS WHICH SHALL BE PART OF THE CONTRACT WITH THE 26 BONDHOLDER AS TO THE FOLLOWING: 27 (1) PLEDGING THE FULL FAITH AND CREDIT OF THE COMMISSION 28 BUT NOT OF THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION FOR 29 THE BOND OR RESTRICTING THE OBLIGATION OF THE COMMISSION TO 30 ALL OR ANY OF THE REVENUE OF THE COMMISSION FROM ALL OR ANY 20070H1590B2179 - 234 -
1 PROJECTS OR PROPERTIES. 2 (2) THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 3 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 4 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 5 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 6 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 7 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 8 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 9 ROADS, THE FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF 10 THE COMMISSION WITH REFERENCE TO THESE MATTERS. 11 (3) TERMS AND PROVISIONS OF THE BOND. 12 (4) LIMITATIONS ON THE PURPOSES TO WHICH THE PROCEEDS OF 13 THE BOND OR OTHER FINANCING MAY BE APPLIED. 14 (5) RATE OF TOLLS AND OTHER CHARGES FOR USE OF THE 15 FACILITIES OF OR FOR THE SERVICES RENDERED BY THE COMMISSION. 16 (6) THE SETTING ASIDE, REGULATION AND DISPOSITION OF 17 RESERVES AND SINKING FUNDS. 18 (7) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS. 19 (8) TERMS AND PROVISIONS OF ANY DEED OF TRUST OR 20 INDENTURE SECURING THE BOND OR UNDER WHICH ANY DEED OF TRUST 21 OR INDENTURE MAY BE ISSUED. 22 (9) OTHER ADDITIONAL AGREEMENTS WITH THE HOLDER OF THE 23 BOND. 24 (C) DEEDS OF TRUST.--THE COMMISSION MAY ENTER INTO ANY DEED 25 OF TRUST, INDENTURE OR OTHER AGREEMENT WITH ANY BANK OR TRUST 26 COMPANY OR OTHER PERSON IN THE UNITED STATES HAVING POWER TO 27 ENTER INTO SUCH AN ARRANGEMENT, INCLUDING ANY FEDERAL AGENCY, AS 28 SECURITY FOR A BOND AND MAY ASSIGN AND PLEDGE ALL OR ANY OF THE 29 REVENUES OR RECEIPTS OF THE COMMISSION UNDER SUCH DEED, 30 INDENTURE OR AGREEMENT. THE DEED OF TRUST, INDENTURE OR OTHER 20070H1590B2179 - 235 -
1 AGREEMENT MAY CONTAIN PROVISIONS AS MAY BE CUSTOMARY IN SUCH 2 INSTRUMENTS OR AS THE COMMISSION MAY AUTHORIZE, INCLUDING 3 PROVISIONS AS TO THE FOLLOWING: 4 (1) FOR THE PAYMENT OF THE COSTS OF THE DEPARTMENT, THE 5 COSTS OF THE TURNPIKES AND THE TOLL ROAD CONVERSIONS, 6 INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS AS 7 PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 8 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO 9 ANY SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED 10 STATES AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL 11 ROADS, FINANCING FOR INSURANCE RESERVES AND THE DUTIES OF THE 12 COMMISSION WITH REFERENCE TO THESE MATTERS. 13 (2) APPLICATION OF FUNDS AND THE SAFEGUARDING OF FUNDS 14 ON HAND OR ON DEPOSIT. 15 (3) RIGHTS AND REMEDIES OF TRUSTEES AND BONDHOLDERS, 16 INCLUDING RESTRICTIONS UPON THE INDIVIDUAL RIGHT OF ACTION OF 17 A BONDHOLDER. 18 (4) TERMS AND PROVISIONS OF THE BOND OR THE RESOLUTION 19 AUTHORIZING THE ISSUANCE OF THE BOND. 20 (D) NEGOTIABILITY.--A BOND SHALL HAVE ALL THE QUALITIES OF 21 NEGOTIABLE INSTRUMENTS UNDER 13 PA.C.S. DIV. 3 (RELATING TO 22 NEGOTIABLE INSTRUMENTS). 23 § 8113. OBLIGATION PROCEEDS RESTRICTED AND LIEN CREATED. 24 ALL MONEY RECEIVED FROM ANY BONDS, NOTES OR OTHER OBLIGATIONS 25 ISSUED UNDER THIS CHAPTER SHALL BE APPLIED SOLELY TO THE PAYMENT 26 OF THE COSTS OF THE DEPARTMENT, THE COSTS OF THE TURNPIKES, THE 27 TURNPIKE EXTENSIONS AND IMPROVEMENTS AND THE TOLL ROAD 28 CONVERSIONS, INCLUDING THE RECONSTRUCTION OF THE CONVERTED ROADS 29 AS PROVIDED FOR IN THIS CHAPTER AND THE REPAYMENT TO THE FEDERAL 30 TREASURY OF ANY FUNDS SO REQUIRED TO BE REPAID PURSUANT TO ANY 20070H1590B2179 - 236 -
1 SPECIAL LEGISLATION PASSED BY THE CONGRESS OF THE UNITED STATES 2 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS OR 3 TO THE APPURTENANT FUND. THERE IS CREATED AND GRANTED A LIEN 4 UPON THE MONEY, UNTIL SO APPLIED, IN FAVOR OF HOLDERS OF THE 5 BONDS, NOTES OR OTHER OBLIGATIONS OR THE TRUSTEE PROVIDED FOR IN 6 THIS CHAPTER IN RESPECT OF THE BONDS, NOTES OR OTHER 7 OBLIGATIONS. 8 § 8114. TRUST INDENTURE AUTHORIZED. 9 (A) SECURITY FOR BONDS.--IN THE DISCRETION OF THE 10 COMMISSION, THE BONDS, NOTES OR OTHER OBLIGATIONS MAY BE SECURED 11 BY A TRUST INDENTURE BY AND BETWEEN THE COMMISSION AND A 12 CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING 13 THE POWERS OF A TRUST COMPANY, WITHIN THIS COMMONWEALTH. THE 14 TRUST INDENTURE MAY PLEDGE OR ASSIGN TOLLS AND REVENUE TO BE 15 RECEIVED BUT SHALL NOT CONVEY OR MORTGAGE THE PENNSYLVANIA 16 TURNPIKE SYSTEM, INCLUDING THE TURNPIKES AND TOLL ROAD 17 CONVERSIONS PROVIDED FOR BY THIS CHAPTER. 18 (B) RIGHTS OF BONDHOLDERS.--EITHER THE RESOLUTION PROVIDING 19 FOR THE ISSUANCE OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR THE 20 TRUST INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND 21 ENFORCING THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS 22 OF NOTES OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER 23 AND NOT IN VIOLATION OF LAW, INCLUDING COVENANTS SETTING FORTH 24 THE DUTIES OF THE COMMISSION IN RELATION TO THE ACQUISITION OF 25 PROPERTIES AND THE CONSTRUCTION, MAINTENANCE, OPERATION AND 26 REPAIR AND INSURANCE OF THE TURNPIKES, AND THE CUSTODY, 27 SAFEGUARDING AND APPLICATION OF ALL MONEY. IT SHALL BE LAWFUL 28 FOR ANY BANK OR TRUST COMPANY INCORPORATED UNDER THE LAWS OF 29 THIS COMMONWEALTH TO ACT AS A DEPOSITORY OF THE PROCEEDS OF 30 BONDS, NOTES OR OTHER OBLIGATIONS OR REVENUES AND TO FURNISH THE 20070H1590B2179 - 237 -
1 INDEMNITY BONDS OR TO PLEDGE THE SECURITIES AS MAY BE REQUIRED 2 BY THE COMMISSION. THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 3 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 4 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 5 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 6 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 7 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. IN 8 ADDITION TO THE FOREGOING, THE TRUST INDENTURE MAY CONTAIN OTHER 9 PROVISIONS AS THE COMMISSION MAY DEEM REASONABLE AND PROPER FOR 10 THE SECURITY OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 11 OBLIGATIONS. ALL EXPENSES INCURRED IN CARRYING OUT THE TRUST 12 INDENTURE MAY BE TREATED AS PART OF THE COST OF MAINTENANCE, 13 OPERATION AND REPAIR OF THE TURNPIKES AND TOLL ROAD CONVERSIONS 14 PROVIDED FOR BY THIS CHAPTER. 15 § 8115. COMMISSION AND OBLIGATIONS TAX EXEMPT. 16 THE ACCOMPLISHMENT BY THE COMMISSION OF THE AUTHORIZED 17 PURPOSES STATED IN THIS CHAPTER BEING FOR THE BENEFIT OF THE 18 PEOPLE OF THIS COMMONWEALTH AND FOR THE IMPROVEMENT OF THEIR 19 COMMERCE AND PROSPERITY, IN WHICH ACCOMPLISHMENT THE COMMISSION 20 WILL BE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS, THE 21 COMMISSION SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS 22 ON ANY PROPERTY ACQUIRED OR USED BY IT FOR THE PURPOSES PROVIDED 23 IN THIS CHAPTER, AND THE BONDS, NOTES OR OTHER OBLIGATIONS 24 ISSUED BY THE COMMISSION, THEIR TRANSFER AND THE INCOME 25 THEREFROM, INCLUDING ANY PROFITS MADE ON THE SALE THEREOF, SHALL 26 AT ALL TIMES BE FREE FROM TAXATION WITHIN THIS COMMONWEALTH. 27 § 8116. COLLECTION AND DISPOSITION OF TOLLS AND OTHER REVENUE. 28 (A) ESTABLISHMENT AND CHANGES IN TOLL AMOUNTS.--SUBJECT TO 29 THE TERMS OF ANY TRUST INDENTURE ENTERED INTO BY THE COMMISSION 30 OR ANY RESOLUTION AUTHORIZING THE ISSUANCE OF ANY BONDS, NOTES 20070H1590B2179 - 238 -
1 OR OTHER OBLIGATIONS OF THE COMMISSION, THE COMMISSION IS 2 AUTHORIZED: TO FIX AND TO REVISE TOLLS FOR THE USE OF THE 3 PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS OR SECTIONS 4 OF THE SYSTEM, INCLUDING THE TURNPIKE, THE TURNPIKE EXTENSIONS 5 AND IMPROVEMENTS AND THE TOLL ROAD CONVERSIONS AUTHORIZED BY 6 THIS CHAPTER. THE COMMISSION IS FURTHER AUTHORIZED TO CHARGE AND 7 COLLECT TOLLS; TO CONTRACT WITH ANY PERSON, PARTNERSHIP, 8 ASSOCIATION OR CORPORATION DESIRING THE USE OF ANY PART THEREOF, 9 INCLUDING THE RIGHT-OF-WAY ADJOINING THE PAVED PORTION, FOR 10 PLACING THEREON TELEPHONE, TELEGRAPH, ELECTRIC LIGHT OR POWER 11 LINES, GAS STATIONS, GARAGES, STORES, HOTELS, RESTAURANTS AND 12 ADVERTISING SIGNS, OR FOR ANY OTHER PURPOSE, EXCEPT FOR TRACKS 13 FOR RAILROAD OR RAILWAY USE; AND TO FIX THE TERMS, CONDITIONS, 14 RENTS AND RATES OF CHARGES FOR USE. TOLLS SHALL BE FIXED AND 15 ADJUSTED AS TO PROVIDE FUNDS AT LEAST SUFFICIENT WITH OTHER 16 REVENUES OF THE PENNSYLVANIA TURNPIKE SYSTEM, IF ANY, TO PAY ALL 17 OF THE FOLLOWING: 18 (1) THE COST OF THE TURNPIKES. THIS PARAGRAPH INCLUDES 19 THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 20 EXPANDING, EXTENDING, MAINTAINING, REPAIRING AND OPERATING 21 THE PENNSYLVANIA TURNPIKE SYSTEM AND THE DIFFERENT PARTS AND 22 SECTIONS OF THE SYSTEM. 23 (2) ANY OF THE FOLLOWING: 24 (I) THE COMMISSION'S BONDS, NOTES OR OTHER 25 OBLIGATIONS AND THE INTEREST ON THEM. 26 (II) SINKING FUND REQUIREMENTS OF THE COMMISSION. 27 (III) OTHER REQUIREMENTS PROVIDED FOR BY ANY 28 RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS, NOTES 29 OR OTHER OBLIGATIONS BY THE COMMISSION, OR BY ANY TRUST 30 INDENTURE TO WHICH THE COMMISSION IS A PARTY, AS THEY 20070H1590B2179 - 239 -
1 BECOME DUE. 2 (3) AMOUNTS DUE TO THE DEPARTMENT UNDER 75 PA.C.S. CH. 3 89 (RELATING TO PENNSYLVANIA TURNPIKE) AND PURSUANT TO THE 4 LEASE AGREEMENT UNDER 75 PA.C.S. § 8915.3 (RELATING TO LEASE 5 OF INTERSTATE 80). 6 (4) THE COST OF REPAYMENT TO THE FEDERAL GOVERNMENT OF 7 FUNDS REQUIRED TO BE REPAID PURSUANT TO FEDERAL LEGISLATION 8 AUTHORIZING THE CONVERSION OF TOLL-FREE ROADS TO TOLL ROADS. 9 (5) ANY OTHER AMOUNTS PAYABLE TO THE COMMONWEALTH OR TO 10 THE DEPARTMENT. 11 (B) RESTRICTIONS ON TOLL REVENUE.--TOLLS SHALL NOT BE 12 SUBJECT TO SUPERVISION OR REGULATION BY ANY OTHER STATE 13 COMMISSION, BOARD, BUREAU OR AGENCY. SUBJECT TO THE TERMS OF ANY 14 PRESENTLY EXISTING TRUST INDENTURE ENTERED INTO BY THE 15 COMMISSION AND ANY PRESENTLY EXISTING RESOLUTION AUTHORIZING THE 16 ISSUANCE OF ANY BONDS, NOTES OR OTHER OBLIGATIONS OF THE 17 COMMISSION, THE TOLLS AND ALL OTHER REVENUE DERIVED FROM THE 18 PENNSYLVANIA TURNPIKE SYSTEM SHALL BE SET ASIDE AND PLEDGED AS 19 MAY BE PROVIDED IN ANY RESOLUTIONS, TRUST INDENTURES OR ANY 20 OTHER AGREEMENTS THAT THE COMMISSION MAY HEREAFTER ADOPT OR 21 HEREAFTER ENTER INTO WITH RESPECT TO THE ISSUANCE OF BONDS, 22 NOTES OR OTHER OBLIGATIONS OF THE COMMISSION. 23 § 8117. ELECTRONIC TOLL COLLECTION. 24 (A) LIABILITY OF OWNER.-- 25 (1) IF AN OPERATOR OF A VEHICLE FAILS TO PAY THE 26 PRESCRIBED TOLL AT ANY LOCATION WHERE TOLLS ARE COLLECTED BY 27 MEANS OF ELECTRONIC TOLL COLLECTION, THE OWNER OF THE VEHICLE 28 SHALL BE LIABLE TO THE COMMISSION FOR FAILURE OF THE OPERATOR 29 OF THE VEHICLE TO COMPLY WITH THIS SECTION IF THE VIOLATION 30 IS EVIDENCED BY INFORMATION OBTAINED FROM A VIOLATION 20070H1590B2179 - 240 -
1 ENFORCEMENT SYSTEM. 2 (2) IF A VIOLATION OF THIS SECTION IS COMMITTED, THE 3 REGISTRATION PLATE NUMBER OF THE VEHICLE AS RECORDED BY A 4 VIOLATION ENFORCEMENT SYSTEM SHALL ESTABLISH AN INFERENCE 5 THAT THE OWNER OF THE VEHICLE WAS THEN OPERATING THE VEHICLE. 6 THE INFERENCE SHALL BE OVERCOME IF THE OWNER DOES ALL OF THE 7 FOLLOWING: 8 (I) TESTIFIES THAT THE OWNER WAS NOT OPERATING THE 9 VEHICLE AT THE TIME OF THE VIOLATION. 10 (II) SUBMITS TO AN EXAMINATION AS TO WHO AT THE TIME 11 WAS OPERATING THE VEHICLE. 12 (III) REVEALS THE NAME AND RESIDENCE ADDRESS, IF 13 KNOWN, OF THE OPERATOR OF THE VEHICLE. 14 (3) IF AN ACTION OR PROCEEDING IS COMMENCED IN A COUNTY 15 OTHER THAN THAT OF THE RESIDENCE OF THE OWNER, A VERIFIED 16 WRITTEN STATEMENT SETTING FORTH THE FACTS PRESCRIBED UNDER 17 PARAGRAPH (2)(I), (II) AND (III) SHALL SUFFICE TO OVERCOME 18 THE INFERENCE. 19 (4) IF THE INFERENCE IS OVERCOME, THE OPERATOR OF THE 20 VEHICLE MAY BE HELD LIABLE UNDER THIS SECTION FOR FAILURE TO 21 PAY THE PRESCRIBED TOLL IN THE SAME MANNER AS IF THE OPERATOR 22 WERE THE OWNER OF THE VEHICLE. 23 (B) IMPOSITION OF LIABILITY.--LIABILITY UNDER THIS SECTION 24 SHALL BE IMPOSED UPON AN OWNER FOR A VIOLATION OF THIS SECTION 25 OR THE REGULATIONS OF THE COMMISSION OCCURRING WITHIN THE 26 TERRITORIAL LIMITS OF THIS COMMONWEALTH. IF A VIOLATION IS 27 COMMITTED AS EVIDENCED BY A VIOLATION ENFORCEMENT SYSTEM, THE 28 FOLLOWING SHALL APPLY: 29 (1) THE COMMISSION OR AN AUTHORIZED AGENT OR EMPLOYEE 30 MUST PREPARE AND MAIL A NOTICE OF VIOLATION AS FOLLOWS: 20070H1590B2179 - 241 -
1 (I) THE NOTICE OF VIOLATION MUST BE SENT BY FIRST 2 CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN 3 OWNER FOR A VIOLATION OF THIS SECTION. 4 (II) THE NOTICE MUST BE MAILED AT THE ADDRESS SHOWN 5 ON THE VEHICLE REGISTRATION OR AT THE ADDRESS OF THE 6 OPERATOR, AS APPLICABLE. NOTICE MUST BE MAILED NO LATER 7 THAN 60 DAYS AFTER: 8 (A) THE ALLEGED CONDUCT; OR 9 (B) THE DATE THE INFERENCE IS OVERCOME UNDER 10 SUBSECTION (A)(2). 11 (III) PERSONAL SERVICE IS NOT REQUIRED. 12 (IV) THE NOTICE MUST CONTAIN ALL OF THE FOLLOWING: 13 (A) INFORMATION ADVISING THE PERSON CHARGED OF 14 THE MANNER AND TIME IN WHICH THE LIABILITY ALLEGED IN 15 THE NOTICE MAY BE CONTESTED. 16 (B) A WARNING ADVISING THE PERSON CHARGED THAT 17 FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED 18 SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A 19 DEFAULT JUDGMENT MAY BE ENTERED ON THE NOTICE. 20 (1.1) A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED 21 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE 22 EVIDENCE OF THE MAILING OF NOTICE. 23 (2) IF AN OWNER OF A VEHICLE OR AN OWNER THAT IS A 24 LESSOR OF A VEHICLE RECEIVES A NOTICE OF VIOLATION UNDER THIS 25 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS 26 REPORTED TO A POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT 27 SHALL BE A DEFENSE TO THE ALLEGATION OF LIABILITY THAT THE 28 VEHICLE HAD BEEN REPORTED TO THE POLICE AS HAVING BEEN STOLEN 29 PRIOR TO THE TIME THE VIOLATION OCCURRED AND THAT THE VEHICLE 30 HAD NOT BEEN RECOVERED BY THE TIME OF THE VIOLATION. FOR 20070H1590B2179 - 242 -
1 PURPOSES OF ASSERTING THE DEFENSE UNDER THIS PARAGRAPH, IT 2 SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE 3 REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO 4 THE COMMISSION WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 5 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 6 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE OWNER OR 7 LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. 8 (3) AN OWNER THAT IS A LESSOR OF A VEHICLE AS TO WHICH A 9 NOTICE OF VIOLATION WAS ISSUED UNDER PARAGRAPH (1) SHALL NOT 10 BE LIABLE FOR A VIOLATION IF THE OWNER SENDS TO THE 11 COMMISSION A COPY OF THE RENTAL, LEASE OR OTHER CONTRACT 12 DOCUMENT COVERING THE VEHICLE ON THE DATE OF THE VIOLATION, 13 WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE TO 14 THE COMMISSION, WITHIN 30 DAYS AFTER RECEIVING THE ORIGINAL 15 NOTICE OF VIOLATION. FAILURE TO SEND THE INFORMATION WITHIN 16 THE TIME LIMIT UNDER THIS PARAGRAPH SHALL RENDER THE LESSOR 17 LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. IF THE 18 LESSOR COMPLIES WITH THE PROVISIONS OF THIS SECTION, THE 19 LESSEE OF THE VEHICLE ON THE DATE OF THE VIOLATION SHALL BE 20 DEEMED TO BE THE OWNER OF THE VEHICLE FOR PURPOSES OF THIS 21 SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE PENALTY 22 UNDER THIS SECTION. 23 (4) A CERTIFIED REPORT OR A FACSIMILE REPORT OF AN 24 AUTHORIZED AGENT OR EMPLOYEE OF THE COMMISSION REPORTING A 25 VIOLATION OF THIS SECTION OR REGULATIONS OF THE COMMISSION 26 BASED UPON THE RECORDED INFORMATION OBTAINED FROM A VIOLATION 27 ENFORCEMENT SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS 28 CONTAINED IN THE REPORT AND SHALL BE ADMISSIBLE AS AN 29 OFFICIAL RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS IN 30 ANY PROCEEDING CHARGING A VIOLATION OF THIS SECTION OR THE 20070H1590B2179 - 243 -
1 TOLL COLLECTION REGULATIONS OF THE COMMISSION. 2 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 3 VIDEOTAPES, PHOTOGRAPHS, MICROPHOTOGRAPHS, OTHER RECORDED 4 IMAGES, WRITTEN RECORDS, REPORTS OR FACSIMILES PREPARED 5 PURSUANT TO THIS SECTION SHALL BE FOR THE EXCLUSIVE USE OF 6 THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES AND LAW 7 ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING DUTIES 8 UNDER THIS SECTION AND THE REGULATIONS OF THE COMMISSION. THE 9 INFORMATION SHALL NOT BE DEEMED A PUBLIC RECORD UNDER THE ACT 10 OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT- 11 TO-KNOW LAW. THE INFORMATION SHALL NOT BE DISCOVERABLE BY 12 COURT ORDER OR OTHERWISE; NOR SHALL IT BE OFFERED IN EVIDENCE 13 IN ANY ACTION OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO 14 A VIOLATION OF THIS SECTION, THE REGULATIONS OF THE 15 COMMISSION OR INDEMNIFICATION FOR LIABILITY IMPOSED PURSUANT 16 TO THIS SECTION. THE RESTRICTIONS SET FORTH IN THIS 17 PARAGRAPH: 18 (I) SHALL NOT BE DEEMED TO PRECLUDE A COURT OF 19 COMPETENT JURISDICTION FROM ISSUING AN ORDER DIRECTING 20 THAT THE INFORMATION BE PROVIDED TO LAW ENFORCEMENT 21 OFFICIALS IF THE INFORMATION IS REASONABLY DESCRIBED AND 22 IS REQUESTED SOLELY IN CONNECTION WITH A CRIMINAL LAW 23 ENFORCEMENT ACTION; 24 (II) SHALL NOT BE DEEMED TO PRECLUDE THE EXCHANGE OF 25 THE INFORMATION BETWEEN ANY ENTITIES WITH JURISDICTION 26 OVER OR WHICH OPERATE AN ELECTRONIC TOLL COLLECTION 27 SYSTEM IN THIS COMMONWEALTH OR ANY OTHER JURISDICTION; 28 AND 29 (III) SHALL NOT BE DEEMED TO PROHIBIT THE USE OF 30 INFORMATION EXCLUSIVELY FOR THE PURPOSE OF BILLING 20070H1590B2179 - 244 -
1 ELECTRONIC TOLL COLLECTION ACCOUNT HOLDERS, DEDUCTING 2 TOLL CHARGES FROM THE ACCOUNT OF AN ACCOUNT HOLDER, 3 ENFORCING TOLL COLLECTION LAWS AND RELATED REGULATIONS OR 4 ENFORCING THE PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 5 (6) AN IMPOSITION OF LIABILITY UNDER THIS SECTION MUST 6 BE BASED UPON A PREPONDERANCE OF EVIDENCE. 7 (7) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION 8 SHALL NOT BE DEEMED A CONVICTION OF AN OWNER AND SHALL NOT BE 9 MADE PART OF THE MOTOR VEHICLE OPERATING RECORD OF THE PERSON 10 UPON WHOM THE LIABILITY IS IMPOSED, NOR SHALL IT BE 11 CONSIDERED IN THE PROVISION OF MOTOR VEHICLE INSURANCE 12 COVERAGE. 13 (8) AN OWNER THAT ADMITS, IS FOUND LIABLE OR FAILS TO 14 RESPOND TO THE NOTICE OF VIOLATION FOR A VIOLATION OF THIS 15 SECTION SHALL BE CIVILLY LIABLE TO THE COMMISSION FOR ALL OF 16 THE FOLLOWING: 17 (I) EITHER: 18 (A) THE AMOUNT OF THE TOLL EVADED OR ATTEMPTED 19 TO BE EVADED IF THE AMOUNT CAN BE DETERMINED; OR 20 (B) THE MAXIMUM TOLL FROM THE FARTHEST POINT OF 21 ENTRY ON THE PENNSYLVANIA TURNPIKE TO THE ACTUAL 22 POINT OF EXIT IF THE AMOUNT OF THE TOLL EVADED OR 23 ATTEMPTED TO BE EVADED CANNOT BE DETERMINED. 24 (II) A REASONABLE ADMINISTRATIVE FEE NOT TO EXCEED 25 $35 PER NOTIFICATION. 26 (9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 27 THE LIABILITY OF THE OPERATOR OF A VEHICLE FOR A VIOLATION OF 28 THIS SECTION OR OF THE REGULATIONS OF THE COMMISSION. 29 (C) PLACEMENT OF ELECTRONIC TOLL COLLECTION DEVICE.--AN 30 ELECTRONIC TOLL COLLECTION DEVICE WHICH IS AFFIXED TO THE FRONT 20070H1590B2179 - 245 -
1 WINDSHIELD OF A VEHICLE IN ACCORDANCE WITH THE REGULATIONS OF 2 THE COMMISSION SHALL NOT BE DEEMED TO CONSTITUTE A VIOLATION OF 3 75 PA.C.S. § 4524 (RELATING TO WINDSHIELD OBSTRUCTIONS AND 4 WIPERS). 5 (D) PRIVACY OF ELECTRONIC TOLL COLLECTION ACCOUNT HOLDER 6 INFORMATION.-- 7 (1) EXCEPT AS SET FORTH PARAGRAPH (2), NOTWITHSTANDING 8 ANY OTHER PROVISION OF LAW, ALL OF THE FOLLOWING APPLY TO 9 INFORMATION KEPT BY THE COMMISSION, ITS AUTHORIZED AGENTS OR 10 ITS EMPLOYEES WHICH IS RELATED TO THE ACCOUNT OF AN 11 ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT HOLDER: 12 (I) THE INFORMATION SHALL BE FOR THE EXCLUSIVE USE 13 OF THE COMMISSION, ITS AUTHORIZED AGENTS, ITS EMPLOYEES 14 AND LAW ENFORCEMENT OFFICIALS FOR THE PURPOSE OF 15 DISCHARGING THEIR DUTIES PURSUANT TO THIS SECTION AND THE 16 REGULATIONS OF THE COMMISSION. THIS SUBPARAGRAPH INCLUDES 17 NAMES, ADDRESSES, ACCOUNT NUMBERS, ACCOUNT BALANCES, 18 PERSONAL FINANCIAL INFORMATION, VEHICLE MOVEMENT RECORDS 19 AND OTHER INFORMATION COMPILED FROM TRANSACTIONS WITH THE 20 ACCOUNT HOLDERS. 21 (II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC 22 RECORD UNDER THE RIGHT-TO-KNOW LAW, NOR SHALL IT BE 23 DISCOVERABLE BY COURT ORDER OR OTHERWISE OR BE OFFERED IN 24 EVIDENCE IN ANY ACTION OR PROCEEDING WHICH IS NOT 25 DIRECTLY RELATED TO THE DISCHARGE OF DUTIES UNDER THIS 26 SECTION, THE REGULATIONS OF THE COMMISSION OR A VIOLATION 27 OF AN ACCOUNT HOLDER AGREEMENT. 28 (2) PARAGRAPH (1) SHALL NOT BE DEEMED TO DO ANY OF THE 29 FOLLOWING: 30 (I) PRECLUDE A COURT OF COMPETENT JURISDICTION FROM 20070H1590B2179 - 246 -
1 ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE 2 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION 3 IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN 4 CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION. 5 (II) PRECLUDE THE EXCHANGE OF THE INFORMATION 6 BETWEEN ANY ENTITIES WITH JURISDICTION OVER OR WHICH 7 OPERATE AN ELECTRONIC TOLL COLLECTION SYSTEM IN THIS 8 COMMONWEALTH OR ANY OTHER JURISDICTION. 9 (III) PROHIBIT THE USE OF THE INFORMATION 10 EXCLUSIVELY FOR THE PURPOSE OF BILLING ELECTRONIC TOLL 11 COLLECTION ACCOUNT HOLDERS, DEDUCTING TOLL CHARGES FROM 12 THE ACCOUNT OF AN ACCOUNT HOLDER, ENFORCING TOLL 13 COLLECTION LAWS AND RELATED REGULATIONS OR ENFORCING THE 14 PROVISIONS OF AN ACCOUNT HOLDER AGREEMENT. 15 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "OWNER" 16 MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, 17 ASSOCIATION, ORGANIZATION OR LESSOR THAT, AT THE TIME A VEHICLE 18 IS OPERATED IN VIOLATION OF THIS SECTION OR REGULATIONS OF THE 19 COMMISSION: 20 (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF THE VEHICLE; 21 (2) HAS TITLE TO THE VEHICLE; OR 22 (3) IS THE REGISTRANT OR COREGISTRANT OF THE VEHICLE 23 REGISTERED WITH THE DEPARTMENT OR A COMPARABLE AGENCY OF 24 ANOTHER JURISDICTION OR USES THE VEHICLE IN ITS VEHICLE 25 RENTING OR LEASING BUSINESS. THE TERM INCLUDES A PERSON 26 ENTITLED TO THE USE AND POSSESSION OF A VEHICLE SUBJECT TO A 27 SECURITY INTEREST IN ANOTHER PERSON. 28 § 8118. REFUNDING BONDS. 29 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 30 THE ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS FOR THE PURPOSE 20070H1590B2179 - 247 -
1 OF REFUNDING ISSUED AND OUTSTANDING TURNPIKE REVENUE BONDS, 2 NOTES OR OTHER OBLIGATIONS. APPLICABLE PROVISIONS OF THIS 3 CHAPTER GOVERN ALL OF THE FOLLOWING: 4 (1) ISSUANCE OF THE TURNPIKE REVENUE REFUNDING BONDS. 5 (2) MATURITIES AND OTHER DETAILS OF THE REFUNDING BONDS. 6 (3) RIGHTS OF THE HOLDERS OF THE BONDS. 7 (4) DUTIES OF THE COMMONWEALTH AND OF THE COMMISSION IN 8 RESPECT TO THE BONDS. 9 § 8119. RIGHTS OF OBLIGATION HOLDERS AND TRUSTEES. 10 (A) SCOPE.--THIS SECTION APPLIES TO ALL OF THE FOLLOWING: 11 (1) A HOLDER OF: 12 (I) A BOND, NOTE OR OTHER OBLIGATION ISSUED UNDER 13 THIS CHAPTER; OR 14 (II) A COUPON ATTACHED TO THE BOND, NOTE OR OTHER 15 OBLIGATION. 16 (2) THE TRUSTEE UNDER AN APPLICABLE TRUST INDENTURE. 17 (B) ENFORCEMENT.--SUBJECT TO SUBSECTION (C), A PERSON 18 REFERRED TO IN SUBSECTION (A) MAY, BY AN ACTION AT LAW OR IN 19 EQUITY, DO ALL OF THE FOLLOWING: 20 (1) PROTECT AND ENFORCE RIGHTS GRANTED UNDER THIS 21 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 22 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 23 REQUIRED BY THIS CHAPTER OR BY THE RESOLUTION OR TRUST 24 INDENTURE TO BE PERFORMED BY THE COMMISSION OR AN OFFICER OF 25 THE COMMISSION. THIS PARAGRAPH INCLUDES FIXING, CHARGING AND 26 COLLECTING OF TOLLS FOR THE USE OF THE TURNPIKES. 27 (C) RESTRICTION.--RIGHTS UNDER THIS CHAPTER MAY BE 28 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE BOND, 29 NOTE OR OTHER OBLIGATION OR BY THE TRUST INDENTURE. 30 § 8120. AUTHORITY GRANTED TO SECRETARY. 20070H1590B2179 - 248 -
1 (A) AGREEMENT WITH FEDERAL GOVERNMENT.-- 2 (1) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN 3 AGREEMENT WITH THE UNITED STATES DEPARTMENT OF 4 TRANSPORTATION, THE FEDERAL HIGHWAY ADMINISTRATION AND ANY 5 OTHER FEDERAL AGENCY TO OBTAIN FEDERAL FUNDS FOR PROJECTS FOR 6 RESURFACING, RESTORING AND REHABILITATING TOLL ROADS IN THIS 7 COMMONWEALTH. THE COMMISSION IS AUTHORIZED TO USE FEDERAL 8 FUNDS WHICH MAY BE AVAILABLE FOR TOLL ROADS ONLY UPON 9 APPROVAL OF THE SECRETARY AND ONLY UNDER THE AUTHORITY 10 GRANTED UNDER THIS SECTION. 11 (2) (RESERVED). 12 (B) APPROVAL BY DEPARTMENT.--A COPY OF EACH CONTRACT AND 13 AGREEMENT RELATING TO THE CONSTRUCTION OF THE TURNPIKES AND 14 CONNECTING TUNNELS, BRIDGES, SLIP INTERCHANGES AND SLIP RAMPS 15 SHALL BE PROVIDED TO THE DEPARTMENT FOR REVIEW AND COMMENT PRIOR 16 TO EXECUTION OF THIS CONTRACT OR AGREEMENT. 17 § 8121. (RESERVED). 18 § 8122. (RESERVED). 19 § 8123. CONSTRUCTION OF CHAPTER. 20 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 21 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 22 AS IN DEROGATION OF ANY POWERS NOW EXISTING AND SHALL BE 23 LIBERALLY CONSTRUED TO EFFECT ITS PURPOSES. 24 CHAPTER 82 25 TURNPIKE COMMISSION STANDARDS OF CONDUCT 26 SEC. 27 8201. SCOPE. 28 8202. DEFINITIONS. 29 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 30 MEMBERS AND EMPLOYEES. 20070H1590B2179 - 249 -
1 8204. CODE OF CONDUCT. 2 8205. APPLICABILITY OF OTHER STATUTES. 3 § 8201. SCOPE. 4 THIS CHAPTER SHALL APPLY TO THE PENNSYLVANIA TURNPIKE 5 COMMISSION FORMED OR MAINTAINED UNDER AUTHORITY OF THE ACT OF 6 MAY 21, 1937 (P.L.774, NO.211), REFERRED TO AS THE PENNSYLVANIA 7 TURNPIKE COMMISSION ACT AND THE ACT OF SEPTEMBER 30, 1985 8 (P.L.240, NO.61), KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION 9 AND TOLL ROAD CONVERSION ACT, OR ANY SUCCESSOR ENTITY. 10 § 8202. DEFINITIONS. 11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 12 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 13 CONTEXT CLEARLY INDICATES OTHERWISE: 14 "BUSINESS." ANY CORPORATION, PARTNERSHIP, SOLE 15 PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION, 16 ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT 17 STOCK COMPANY, RECEIVERSHIP, TRUST OR ANY LEGAL ENTITY ORGANIZED 18 FOR PROFIT. 19 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 20 "EXECUTIVE-LEVEL EMPLOYEE." THE CHIEF EXECUTIVE OFFICER, 21 CHIEF FINANCIAL OFFICER, CHIEF OPERATING OFFICER, CHIEF COUNSEL 22 OR ANY OTHER SENIOR MANAGEMENT EMPLOYEE WITH DISCRETIONARY 23 POWERS WHICH MAY AFFECT THE OUTCOME OF A PENNSYLVANIA TURNPIKE 24 COMMISSION ACTION OR DECISION OR WHO FUNCTIONS IN PRESS OR 25 PUBLIC RELATIONS, LEGISLATIVE LIAISON OR DEVELOPMENT OF 26 EXECUTIVE POLICY. 27 "FACILITY." REST AREAS, SERVICE PLAZAS, RESTAURANTS, FUELING 28 STATIONS, TRAFFIC ADVISORY SYSTEMS, CALL BOXES OR OTHER SERVICES 29 PROVIDED TO PERSONS USING TOLL ROADS OR HIGHWAYS OPERATED BY THE 30 PENNSYLVANIA TURNPIKE COMMISSION. 20070H1590B2179 - 250 -
1 "IMMEDIATE FAMILY." A SPOUSE, PARENT, BROTHER, SISTER OR 2 CHILD. 3 "MEMBER." A COMMISSIONER APPOINTED TO THE PENNSYLVANIA 4 TURNPIKE COMMISSION, INCLUDING THE SECRETARY OF TRANSPORTATION, 5 AND ANY SUCCESSOR ENTITY THERETO. 6 "OWNERSHIP INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO 7 HOLD, DEBT OR EQUITY SECURITIES OR OTHER OWNERSHIP INTEREST OR 8 PROFIT INTEREST. 9 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE OF A <-- 10 POLITICAL PARTY; A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER 11 OR COUNSEL OF A STATE COMMITTEE OR MEMBER OF THE EXECUTIVE 12 COMMITTEE OF A STATE COMMITTEE OF A POLITICAL PARTY; OR A COUNTY <-- 13 CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A 14 COUNTY COMMITTEE OR A CITY CHAIRMAN, VICE CHAIRMAN, COUNSEL, 15 SECRETARY OR TREASURER OF A CITY COMMITTEE OF A POLITICAL PARTY. <-- 16 "PENNSYLVANIA TURNPIKE COMMISSION." AN ENTITY FORMED OR 17 MAINTAINED UNDER AUTHORITY OF THE ACT OF MAY 21, 1937 (P.L.774, 18 NO.211), REFERRED TO AS THE PENNSYLVANIA TURNPIKE COMMISSION 19 ACT, AND THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), KNOWN 20 AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION 21 ACT, OR ANY SUCCESSOR ENTITY. 22 "PUBLIC OFFICIAL." ANY OFFICIAL ELECTED TO A FEDERAL, STATE <-- 23 OR COUNTY OFFICE. 24 § 8203. QUALIFICATIONS, RESTRICTIONS AND DUTIES OF COMMISSION 25 MEMBERS AND EMPLOYEES. 26 (A) GENERAL RULE.--THE FOLLOWING QUALIFICATIONS AND 27 RESTRICTIONS SHALL APPLY TO MEMBERS AND EXECUTIVE-LEVEL 28 EMPLOYEES: 29 (1) A MEMBER SHALL BE AT LEAST 25 YEARS OF AGE AND SHALL 30 HAVE BEEN A RESIDENT OF THIS COMMONWEALTH FOR A PERIOD OF AT 20070H1590B2179 - 251 -
1 LEAST ONE YEAR IMMEDIATELY PRECEDING APPOINTMENT. EACH MEMBER 2 SHALL CONTINUE TO REMAIN A RESIDENT OF THIS COMMONWEALTH 3 DURING THE TERM OF MEMBERSHIP ON THE COMMISSION. 4 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <-- 5 PERSON SHALL BE APPOINTED OR SERVE AS A MEMBER OR HOLD AN 6 EXECUTIVE-LEVEL POSITION IF THAT PERSON HOLDS ANY OTHER 7 ELECTED OFFICE OR PARTY OFFICE. 8 (3) NO 9 (2) EXCEPT FOR THE SECRETARY OF TRANSPORTATION, NO <-- 10 MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL BE A PUBLIC OFFICIAL 11 OR PARTY OFFICER IN THIS COMMONWEALTH. OR ANY OF ITS <-- 12 POLITICAL SUBDIVISIONS. 13 (4) (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE SHALL <-- 14 BE PAID OR RECEIVE ANY FEE OR OTHER COMPENSATION OTHER 15 THAN SALARY AND EXPENSES PROVIDED BY LAW FOR ANY ACTIVITY 16 DIRECTLY PERTAINING TO THE DUTIES OF THE COMMISSION. 17 (II) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO 18 PROHIBIT A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE FROM 19 ENGAGING IN ANY EMPLOYMENT OR VOCATION THAT IS NOT 20 INCOMPATIBLE WITH SERVICE AS A MEMBER OR EXECUTIVE-LEVEL 21 EMPLOYEE. 22 (5) (4) (I) AT THE TIME OF APPOINTMENT AND ANNUALLY <-- 23 THEREAFTER, EACH MEMBER SHALL DISCLOSE THE EXISTENCE OF 24 ALL OWNERSHIP INTERESTS IN ANY FACILITY OR BUSINESS WITH 25 WHICH THE COMMISSION HAS CONTRACTED FOR ROADWAY 26 CONSTRUCTION OR MAINTENANCE OR SERVICES OF ANY KIND. 27 (II) THE DISCLOSURE STATEMENT SHALL BE FILED WITH 28 THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION AND SHALL 29 BE OPEN TO INSPECTION BY THE PUBLIC AT THE OFFICE OF THE 30 COMMISSION DURING NORMAL BUSINESS HOURS OF THE COMMISSION 20070H1590B2179 - 252 -
1 DURING THE TENURE OF THE MEMBER. 2 (B) FIDUCIARY RELATIONSHIP.--EACH MEMBER AND EXECUTIVE-LEVEL 3 EMPLOYEE OF THE COMMISSION SHALL SERVE AS A FIDUCIARY OF THE <-- 4 COMMONWEALTH COMMISSION. <-- 5 § 8204. CODE OF CONDUCT. 6 (A) CONTENTS.--THE COMMISSION SHALL ADOPT A COMPREHENSIVE 7 CODE OF CONDUCT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS <-- 8 SECTION. THE CODE OF CONDUCT SHALL SUPPLEMENT ALL OTHER 9 REQUIREMENTS UNDER THIS CHAPTER AND SHALL PROVIDE GUIDELINES 10 APPLICABLE TO MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <-- 11 COMMISSION AND THE IMMEDIATE FAMILIES OF THE MEMBERS AND 12 EXECUTIVE-LEVEL EMPLOYEES OF THE COMMISSION TO ENABLE THEM TO <-- 13 AVOID ANY PERCEIVED OR ACTUAL CONFLICT OF INTEREST AND TO 14 PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF 15 THE COMMISSION. AT A MINIMUM, THE CODE OF CONDUCT ADOPTED UNDER 16 THIS SECTION SHALL PROVIDE THAT: 17 (1) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE OF THE <-- 18 COMMISSION MAY ACCEPT ANY DISCOUNT, GIFT, GRATUITY, 19 COMPENSATION, TRAVEL, LODGING OR OTHER THING OF VALUE, IN <-- 20 EXCESS OF THE LIMITS UNDER 65 PA.C.S. § 1105(B)(6) AND (7) 21 (RELATING TO STATEMENT OF FINANCIAL INTERESTS) DIRECTLY OR 22 INDIRECTLY, FROM ANY FACILITY OR BUSINESS WITH WHICH THE 23 COMMISSION HAS A CONTRACTUAL RELATIONSHIP. 24 (2) MEMBERS AND EXECUTIVE-LEVEL EMPLOYEES OF THE <-- 25 COMMISSION SHALL REFRAIN FROM ANY FINANCIAL OR BUSINESS 26 DEALING WHICH WOULD REFLECT ADVERSELY ON AFFECT THE MEMBER'S <-- 27 OBJECTIVITY, IMPARTIALITY OR INDEPENDENCE OF JUDGMENT. 28 (3) (I) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY USE 29 THE PROMISE OF BUSINESS WITH THE COMMISSION TO SOLICIT 30 FUNDS FOR ANY CHARITABLE, EDUCATIONAL, RELIGIOUS, HEALTH, 20070H1590B2179 - 253 -
1 FRATERNAL, CIVIC OR OTHER NONPROFIT ENTITY. 2 (II) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SERVE 3 AS AN OFFICER, EMPLOYEE OR MEMBER OF THE GOVERNING BODY 4 OF A NONPROFIT ENTITY AND MAY ATTEND, MAKE PERSONAL 5 CONTRIBUTIONS TO AND PLAN OR PRESIDE OVER THE ENTITY'S 6 FUNDRAISING EVENTS. 7 (III) A MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY 8 PERMIT HIS NAME TO APPEAR ON THE LETTERHEAD USED FOR 9 FUNDRAISING EVENTS IF THE LETTERHEAD CONTAINS ONLY THE 10 MEMBER'S NAME AND POSITION WITH THE NONPROFIT ENTITY. 11 (4) NO MEMBER OR EXECUTIVE-LEVEL EMPLOYEE NOR THE 12 IMMEDIATE FAMILY OF SUCH PERSON, SHALL PARTICIPATE IN ANY 13 HEARING OR PROCEEDING DELIBERATIONS OR VOTE OF THE COMMISSION <-- 14 IN WHICH THAT PERSON MAY HAVE A DIRECT OR INDIRECT PECUNIARY 15 INTEREST. 16 (5) (I) A MEMBER SHALL ABSTAIN FROM ANY VOTE OR 17 DECISION WHICH AUTHORIZES A CONTRACT IN WHICH THE MEMBER 18 HAS ANY PECUNIARY INTEREST. THE MEMBER SHALL DISCLOSE THE 19 INTEREST IN A PUBLIC MEETING PRIOR TO THE VOTE OR 20 DECISION. 21 (II) FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL 22 MAKE THE CONTRACT NULL AND VOID. 23 (6) NO FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY <-- 24 ACCEPT EMPLOYMENT WITH ANY FACILITY OR BUSINESS WITH WHICH <-- 25 THE COMMISSION DOES BUSINESS FOR A PERIOD OF ONE YEAR FROM 26 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. 27 RECEIVE ANY PECUNIARY BENEFIT FROM A CONTRACT BETWEEN THE <-- 28 COMMISSION AND THE EMPLOYER OF THE FORMER MEMBER OR 29 EXECUTIVE-LEVEL EMPLOYEE FOR A PERIOD OF ONE YEAR FROM THE 30 TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. NO 20070H1590B2179 - 254 -
1 FORMER MEMBER OR EXECUTIVE-LEVEL EMPLOYEE MAY SOLICIT ANY 2 CONTRACTS WITH THE COMMISSION FOR A PERIOD OF ONE YEAR FROM 3 THE TERMINATION OF EMPLOYMENT OR SERVICE WITH THE COMMISSION. 4 (7) A MEMBER OF THE COMMISSION WHO HAS BEEN CONVICTED 5 DURING HIS TERM IN ANY DOMESTIC OR FOREIGN JURISDICTION OF A 6 FELONY OR A CRIME OF MORAL TURPITUDE SHALL, UPON CONVICTION, <-- 7 BE AUTOMATICALLY REMOVED FROM THE COMMISSION AND SHALL BE 8 INELIGIBLE TO BECOME A COMMISSION MEMBER IN THE FUTURE. 9 (8) NO MEMBER MAY SOLICIT, REQUEST, SUGGEST OR RECOMMEND 10 THE EMPLOYMENT, BY EITHER THE COMMISSION OR A CONTRACTOR WITH 11 THE COMMISSION, OF ANY INDIVIDUAL RELATED WITHIN THE FIRST 12 DEGREE OF CONSANGUINITY TO THE MEMBER AS SET FORTH IN 23 13 PA.C.S. § 1304(E) (RELATING TO RESTRICTIONS ON ISSUANCE OF 14 LICENSE) OR THE SPOUSE OF THE INDIVIDUAL. 15 (B) AUDIT.-- 16 (1) AT LEAST ONCE EVERY FOUR YEARS, THE DEPARTMENT OF 17 THE AUDITOR GENERAL SHALL REVIEW THE PERFORMANCE, PROCEDURES, 18 OPERATING BUDGET, CAPITAL BUDGET AND DEBT OF THE COMMISSION 19 AND SHALL AUDIT, SETTLE AND ADJUST THE ACCOUNTS OF THE 20 COMMISSION. 21 (2) THE AUDITOR GENERAL SHALL BE ENTITLED TO GO BEYOND 22 MERE FINANCIAL STATEMENTS, AND SHALL BE ENTITLED TO EXAMINE 23 ORIGINAL SOURCE DOCUMENTS AT SUCH TIME AS IS BELIEVED 24 NECESSARY OR MAY OTHERWISE EXAMINE ORIGINAL DOCUMENTS ON A 25 RANDOM BASIS DESIGNED TO ENSURE THE INTEGRITY OF THE AUDIT. 26 § 8205. APPLICABILITY OF OTHER STATUTES. 27 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF 28 LAW, THE FOLLOWING ACTS SHALL APPLY TO THE COMMISSION UNDER THIS 29 CHAPTER: 30 (1) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED 20070H1590B2179 - 255 -
1 TO AS THE RIGHT-TO-KNOW LAW. 2 (2) THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN 3 AS THE STATE ADVERSE INTEREST ACT. 4 (3) THE PROVISIONS OF 65 PA.C.S. CHS. 7 (RELATING TO 5 OPEN MEETINGS) AND 11 (RELATING TO ETHICS STANDARDS AND 6 FINANCIAL DISCLOSURE). 7 (B) STATUS OF COMMISSION.--THE COMMISSION SHALL BE 8 CONSIDERED AN "AGENCY" FOR THE PURPOSES OF THE FOLLOWING: 9 (1) THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED 10 TO AS THE COMMONWEALTH DOCUMENTS LAW. 11 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 12 THE REGULATORY REVIEW ACT. 13 SECTION 5 4. SECTION 8901 OF TITLE 75 IS AMENDED TO READ: <-- 14 § 8901. DEFINITIONS. 15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 16 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 17 CONTEXT CLEARLY INDICATES OTHERWISE: 18 "ANNUAL ADDITIONAL RENT PAYMENTS." AS FOLLOWS: <-- 19 (1) DURING THE CONVERSION PERIOD AND AFTER THE 20 CONVERSION DATE, A SUM EQUAL TO THE SCHEDULED ANNUAL 21 COMMISSION CONTRIBUTION, MINUS THE SUM OF: 22 (I) $200,000,000 PAID AS ANNUAL BASE PAYMENTS; 23 (II) ANY INTERSTATE 80 SAVINGS FOR THAT FISCAL YEAR. 24 (2) IF THE CONVERSION PERIOD HAS EXPIRED AND A 25 CONVERSION NOTICE HAS NOT BEEN RECEIVED BY THE SECRETARY, IN 26 EACH SUBSEQUENT FISCAL YEAR UNTIL THE END OF THE TERM OF THE 27 LEASE AGREEMENT THE ANNUAL ADDITIONAL PAYMENTS SHALL BE 28 $250,000,000. 29 "ANNUAL BASE PAYMENTS." AN AMOUNT EQUAL TO THE SUM OF THE 30 FOLLOWING: 20070H1590B2179 - 256 -
1 (1) ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED 2 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) 3 PAYABLE AS REQUIRED PURSUANT TO THE BONDS. 4 (2) TWO HUNDRED MILLION DOLLARS PAYABLE ANNUALLY IN FOUR 5 EQUAL INSTALLMENTS EACH DUE THE LAST BUSINESS DAY OF EACH 6 JULY, OCTOBER, JANUARY AND APRIL. 7 "ANNUAL SURPLUS PAYMENTS." AN AMOUNT EQUAL TO THE GENERAL 8 RESERVE FUND SURPLUS PAYABLE FOR EACH FISCAL YEAR UNTIL THE END 9 OF THE TERM OF THE LEASE AGREEMENT. 10 "AUDITOR GENERAL'S CERTIFICATE." THE CERTIFICATE ISSUED BY 11 THE AUDITOR GENERAL WITHIN 180 DAYS AFTER THE END OF EACH FISCAL 12 YEAR OF THE PENNSYLVANIA TURNPIKE COMMISSION CERTIFYING ALL OF 13 THE FOLLOWING: 14 (1) THE AMOUNT OF THE GENERAL RESERVE FUND SURPLUS FOR 15 THE FISCAL YEAR. 16 (2) AFTER REVIEW OF THE COMMISSION'S CURRENT TEN-YEAR 17 CAPITAL PLAN, THAT THE TRANSFER OF THE GENERAL RESERVE FUND 18 SURPLUS UNDER SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 19 80) 80; RELATED AGREEMENTS) SHALL NOT IMPAIR THE ABILITY OF <-- 20 THE COMMISSION TO MEET ITS OBLIGATIONS UNDER THE LEASE 21 AGREEMENT OR THE COMMISSION'S TEN-YEAR CAPITAL PLAN. 22 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION. 23 "CONVERSION DATE." THE DATE SET FORTH IN THE CONVERSION 24 NOTICE WHEN THE PENNSYLVANIA TURNPIKE COMMISSION INTENDS TO 25 EXERCISE ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD. 26 "CONVERSION NOTICE." WRITTEN NOTICE TO THE SECRETARY OF 27 TRANSPORTATION FROM THE PENNSYLVANIA TURNPIKE COMMISSION 28 PROVIDING NOTICE OF ITS INTENT TO ASSUME CONTROL OVER EXERCISE <-- 29 ITS OPTIONS TO CONVERT INTERSTATE 80 UNDER SECTION 8915.3(3) 30 (RELATING TO LEASE OF INTERSTATE 80). 20070H1590B2179 - 257 -
1 "CONVERSION PERIOD." A PERIOD OF THREE YEARS: 2 (1) WHICH BEGINS ON THE DATE OF EXECUTION OF THE LEASE 3 AGREEMENT; AND 4 (2) DURING WHICH THE PENNSYLVANIA TURNPIKE COMMISSION 5 MAY GIVE THE DEPARTMENT OF TRANSPORTATION CONVERSION NOTICE 6 OR NOTICE THAT THE COMMISSION HAS EXERCISED ITS OPTION TO 7 EXTEND THE CONVERSION PERIOD PURSUANT TO SECTION 8915.3(2) 8 (RELATING TO LEASE OF INTERSTATE 80). 9 "FISCAL YEAR." THE FISCAL YEAR OF THE COMMONWEALTH. 10 "GENERAL RESERVE FUND SURPLUS." THE AMOUNT WHICH: 11 (1) IS CERTIFIED BY THE AUDITOR GENERAL IN THE AUDITOR 12 GENERAL'S CERTIFICATE AS EXISTING IN THE PENNSYLVANIA 13 TURNPIKE COMMISSION'S GENERAL RESERVE FUND ON THE LAST DAY OF 14 THE FISCAL YEAR OF THE COMMISSION; AND <-- 15 (2) IS NOT REQUIRED TO BE RETAINED IN THE GENERAL 16 RESERVE FUND PURSUANT TO ANY FINANCIAL DOCUMENTS, FINANCIAL 17 COVENANTS, INSURANCE POLICIES, LIQUIDITY POLICIES OR 18 AGREEMENTS IN EFFECT AT THE COMMISSION. 19 "INTERSTATE 80 SAVINGS." AN AMOUNT EQUAL TO THE FOLLOWING: 20 (1) PRIOR TO THE CONVERSION DATE, THE AMOUNT SHALL BE 21 ZERO. 22 (2) IN THE FIRST FISCAL YEAR INCLUDING THE CONVERSION 23 DATE, THE AMOUNT SHALL BE A PRO RATA SHARE OF $116,985,856 24 CALCULATED USING THE NUMBER OF CALENDAR DAYS IN THE YEAR 25 AFTER THE CONVERSION DATE DIVIDED BY 365 DAYS. 26 (3) IN THE FISCAL YEAR SUCCEEDING THE YEAR INCLUDING THE 27 CONVERSION DATE, THE AMOUNT SHALL BE $121,665,290. 28 (4) IN SUBSEQUENT FISCAL YEARS, THE AMOUNT SHALL BE THE 29 AMOUNT CALCULATED FOR THE PREVIOUS YEAR INCREASED BY 4%. 30 "LEASE AGREEMENT." A LEASE AGREEMENT BETWEEN THE DEPARTMENT 20070H1590B2179 - 258 -
1 OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION WHICH 2 SHALL INCLUDE PROVISIONS SETTING FORTH THE TERMS OF THE 3 CONVERSION OF INTERSTATE 80 TO A TOLL ROAD. 4 "SCHEDULED ANNUAL COMMISSION CONTRIBUTION." THE FOLLOWING 5 AMOUNTS: 6 (1) $700,000,000 $750,000,000 IN FISCAL YEAR 2007-2008. <-- 7 (2) $850,000,000 IN FISCAL YEAR 2008-2009. 8 (3) $900,000,000 IN FISCAL YEAR 2009-2010. 9 (4) FOR FISCAL YEAR 2010-2011, AND EACH FISCAL YEAR 10 THEREAFTER, THE AMOUNT SHALL BE THE AMOUNT CALCULATED FOR THE 11 PREVIOUS YEAR INCREASED BY 2.5%, EXCEPT THAT THE AMOUNT SHALL 12 BE EQUAL TO THE ANNUAL BASE PAYMENTS PLUS $250,000,000 IF THE 13 CONVERSION NOTICE IS NOT RECEIVED BY THE SECRETARY PRIOR TO 14 THE EXPIRATION OF THE CONVERSION PERIOD. 15 SECTION 6 5. SECTION 8911 INTRODUCTORY PARAGRAPH OF TITLE 75 <-- 16 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO 17 READ: 18 § 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS. 19 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 20 THIS COMMONWEALTH, THE COMMISSION IS HEREBY AUTHORIZED AND 21 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS 22 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND 23 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND 24 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS, 25 STORM WATER MANAGEMENT SYSTEMS, INTERCHANGES, SLIP RAMPS, 26 TUNNELS AND BRIDGES, SUBJECT TO THE WAIVER OF THE FEDERAL TOLL 27 PROHIBITION PROVISIONS WHERE APPLICABLE, AS FOLLOWS: 28 * * * 29 (10) OTHER SLIP RAMPS AND INTERCHANGES AS THE COMMISSION 30 MAY DETERMINE. 20070H1590B2179 - 259 -
1 SECTION 7 6. SECTION 8915 INTRODUCTORY PARAGRAPH OF TITLE 75 <-- 2 IS AMENDED TO READ: 3 § 8915. CONVERSION TO TOLL ROADS. 4 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS 5 THIS COMMONWEALTH, AND [AFTER] TO FACILITATE THE COMPLETION OF 6 THE TURNPIKE EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTION 7 8911 (RELATING TO IMPROVEMENT AND EXTENSION AUTHORIZATIONS), AND 8 SUBJECT TO PRIOR LEGISLATIVE APPROVAL BY THE GENERAL ASSEMBLY 9 AND THE UNITED STATES CONGRESS, THE COMMISSION IS HEREBY 10 AUTHORIZED AND EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS 11 OF PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY [BE REQUIRED 12 IN ORDER TO] FACILITATE THE COMPLETION OF THE TURNPIKE 13 EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTIONS 8912 14 (RELATING TO SUBSEQUENT EXTENSION AUTHORIZATIONS), 8913 15 (RELATING TO ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS) AND 16 8914 (RELATING TO FURTHER SUBSEQUENT AUTHORIZATIONS) AND TO 17 OPERATE AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS 18 UPON THE APPROVAL BY THE CONGRESS OF THE UNITED STATES OF 19 AMERICA AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF 20 LEGISLATION EXPRESSLY PERMITTING THE CONVERSION OF SUCH 21 INTERSTATES TO TOLL ROADS. SUCH CONVERSIONS SHALL TAKE PLACE AT 22 A TIME AND MANNER SET FORTH IN THE PLAN FOR THE CONVERSION 23 PREPARED BY THE COMMISSION WITH THE COOPERATION OF THE 24 DEPARTMENT. THE PROVISIONS AUTHORIZING THE COMMISSION TO 25 CONSTRUCT, OPERATE AND MAINTAIN THE TURNPIKE ROUTES IN SECTIONS 26 8911, 8912 AND 8913 SHALL BE SUBJECT TO: 27 * * * 28 SECTION 8 7. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <-- 29 § 8915.1. CONVERSION OF INTERSTATE 80. 30 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 20070H1590B2179 - 260 -
1 COMMONWEALTH, THE COMMISSION IS AUTHORIZED AND EMPOWERED TO DO 2 ALL OF THE FOLLOWING: 3 (1) CONVERT INTERSTATE 80 TO A TOLL ROAD AND MAINTAIN 4 AND OPERATE IT AS A TOLL ROAD. 5 (2) CONSTRUCT, RECONSTRUCT, WIDEN, EXPAND, EXTEND, 6 OPERATE, MAINTAIN AND MAINTAIN AND OPERATE INTERSTATE 80 FROM <-- 7 A POINT AT OR NEAR THE OHIO BORDER TO A POINT AT OR NEAR THE 8 NEW JERSEY BORDER, TOGETHER WITH CONNECTING ROADS, 9 INTERCHANGES, SLIP RAMPS, TUNNELS AND BRIDGES. 10 (3) ISSUE TURNPIKE REVENUE BONDS, NOTES OR OTHER 11 OBLIGATIONS, PAYABLE SOLELY FROM REVENUES OF THE COMMISSION, 12 INCLUDING TOLLS, OR FROM FUNDS AS MAY BE AVAILABLE TO THE 13 COMMISSION FOR THAT PURPOSE, TO PAY THE COST OF CONSTRUCTION, 14 RECONSTRUCTING, WIDENING, EXPANDING OR EXTENDING OR ANY OTHER 15 COSTS OF INTERSTATE 80 AND THE PENNSYLVANIA TURNPIKE. 16 § 8915.2. APPLICATION TO UNITED STATES DEPARTMENT OF 17 TRANSPORTATION. 18 (A) APPLICATION.--THE COMMISSION, IN CONSULTATION WITH THE 19 DEPARTMENT AND AT ITS OWN EXPENSE, IS AUTHORIZED TO PREPARE AND 20 SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 21 TRANSPORTATION FOR THE CONVERSION OF INTERSTATE 80 TO A TOLL 22 ROAD. THE SECRETARY SHALL ENSURE THAT ALL INFORMATION REQUIRED 23 FOR THE APPLICATION IS MADE AVAILABLE TO THE COMMISSION AS SOON 24 AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTION. 25 (B) OPEN SYSTEM.--A TOLL SYSTEM SHALL CONSIST OF WHAT IS 26 COMMONLY REFERRED TO AS AN OPEN SYSTEM WITH NO MORE THAN TEN 27 TOLL COLLECTION POINTS. 28 (C) OTHER AGREEMENTS.--THE COMMISSION AND THE DEPARTMENT MAY 29 ENTER INTO ANY OTHER AGREEMENTS AS MAY BE NECESSARY TO 30 EFFECTUATE THE EXECUTION OF THE APPLICATION FILED UNDER THIS 20070H1590B2179 - 261 -
1 SECTION. 2 § 8915.3. LEASE OF INTERSTATE 80; RELATED AGREEMENTS. 3 THE DEPARTMENT AND THE COMMISSION SHALL ENTER INTO A LEASE 4 AGREEMENT RELATING TO INTERSTATE 80 PRIOR TO OCTOBER 15, 2007. 5 THE LEASE AGREEMENT SHALL INCLUDE PROVISIONS SETTING FORTH THE 6 TERMS AND CONDITIONS OF THE CONVERSION OF INTERSTATE 80 TO A 7 TOLL ROAD. THE LEASE AGREEMENT AND ANY RELATED AGREEMENT, AT A 8 MINIMUM, SHALL INCLUDE THE FOLLOWING: 9 (1) A PROVISION THAT THE TERM OF THE LEASE AGREEMENT 10 SHALL BE 50 YEARS, UNLESS EXTENDED UPON MUTUAL AGREEMENT OF 11 THE PARTIES TO THE LEASE AGREEMENT. 12 (2) A PROVISION ESTABLISHING A THE CONVERSION PERIOD AND <-- 13 AUTHORIZING EXTENSION OF THE CONVERSION PERIOD AT THE SOLE 14 OPTION OF THE COMMISSION FOR THREE ONE-YEAR EXTENSION PERIODS 15 AFTER CONSULTATION WITH THE SECRETARY. THE COMMISSION SHALL 16 NOTIFY THE SECRETARY OF ITS INTENT TO EXTEND THE CONVERSION 17 PERIOD NOT LESS THAN 90 DAYS BEFORE THE SCHEDULED EXPIRATION 18 OF THE CONVERSION PERIOD. DURING THE CONVERSION PERIOD, ALL 19 LEGAL, FINANCIAL AND OPERATIONAL RESPONSIBILITY FOR 20 INTERSTATE 80 SHALL REMAIN WITH THE DEPARTMENT. ALL 21 OPERATIONS AND PROGRAMMED REHABILITATION SHALL BE MAINTAINED 22 AT LEVELS NO LESS FAVORABLE THAN THOSE SET FORTH IN THE 23 DEPARTMENT'S 12-YEAR PLAN AT THE TIME OF THE EXECUTION OF THE 24 LEASE, WITH MODIFICATIONS AS ARE APPROVED IN WRITING BY THE 25 CHAIRMAN OF THE COMMISSION. 26 (3) A PROVISION PERMITTING THE COMMISSION TO EXERCISE 27 ITS OPTION TO CONVERT INTERSTATE 80 TO A TOLL ROAD PRIOR TO 28 THE EXPIRATION OF THE CONVERSION PERIOD BY PROVIDING THE 29 CONVERSION NOTICE TO THE SECRETARY. BEGINNING ON THE 30 CONVERSION DATE, ALL LEGAL, FINANCIAL AND OPERATIONAL 20070H1590B2179 - 262 -
1 RESPONSIBILITY FOR INTERSTATE 80, AS WELL AS ALL TOLL 2 REVENUES SUBSEQUENTLY COLLECTED WITH RESPECT TO ITS USE, 3 SHALL AUTOMATICALLY TRANSFER TO THE COMMISSION. THE 4 SECRETARY, WITHIN FIVE BUSINESS DAYS AFTER RECEIVING THE 5 CONVERSION NOTICE, SHALL FORWARD NOTICE OF THE CONVERSION 6 DATE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN 7 THE PENNSYLVANIA BULLETIN. ANY REVENUES COLLECTED PRIOR TO 8 THE CONVERSION DATE SHALL BE RETAINED BY THE DEPARTMENT. THE 9 COMMISSION MAY SHALL CONTRACT WITH THE DEPARTMENT FOR ANY <-- 10 PORTION OF THE MAINTENANCE OF INTERSTATE 80 AT COST LEVELS 11 AGREED TO BY THE DEPARTMENT AND THE COMMISSION. 12 (4) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 13 BASE PAYMENTS TO THE DEPARTMENT DURING THE TERM OF THE LEASE 14 AGREEMENT. 15 (5) A PROVISION REQUIRING THE COMMISSION TO PAY ANNUAL 16 ADDITIONAL PAYMENTS TO THE DEPARTMENT. THE ANNUAL ADDITIONAL 17 PAYMENTS SHALL BE PAYABLE IN FOUR EQUAL INSTALLMENTS ON THE 18 LAST BUSINESS DAY OF EACH JULY, OCTOBER, JANUARY AND APRIL OF 19 EACH YEAR DURING THE TERM OF THE LEASE AGREEMENT. 20 (6) A PROVISION REQUIRING THE COMMISSION TO PAY, 21 COMMENCING IN THE FISCAL YEAR INCLUDING THE CONVERSION DATE, 22 ANNUAL SURPLUS PAYMENTS TO THE DEPARTMENT. THE ANNUAL SURPLUS 23 PAYMENTS SHALL BE PAYABLE BY THE COMMISSION WITHIN 30 DAYS OF 24 RECEIPT BY THE COMMISSION OF THE AUDITOR GENERAL'S 25 CERTIFICATE. 26 (7) A PROVISION STATING THAT THE OBLIGATION OF THE 27 COMMISSION TO PAY THE ANNUAL BASE PAYMENTS, THE ANNUAL 28 ADDITIONAL PAYMENTS AND ANNUAL SURPLUS PAYMENTS SHALL BE A 29 SUBORDINATE OBLIGATION OF THE COMMISSION PAYABLE FROM AMOUNTS 30 IN THE GENERAL RESERVE FUND OF THE COMMISSION ONLY AS 20070H1590B2179 - 263 -
1 PERMITTED BY ANY FINANCING DOCUMENTS, FINANCIAL COVENANTS, 2 LIQUIDITY POLICIES OR AGREEMENTS IN EFFECT AT THE COMMISSION. 3 § 8915.4. INITIAL PAYMENT. 4 (A) COMMISSION PAYMENT REQUIRED.--WITHIN 20 DAYS AFTER THE 5 EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL PAY TO THE 6 DEPARTMENT AN AMOUNT EQUAL TO $62,500,000, WHICH SHALL BE 7 DEPOSITED INTO THE PUBLIC TRANSPORTATION TRUST FUND. THE AMOUNT 8 PAID SHALL REPRESENT 25% OF THE AMOUNT THE DEPARTMENT IS 9 REQUIRED TO DEPOSIT INTO THE PUBLIC TRANSPORTATION TRUST FUND 10 UNDER 74 PA.C.S. § 1506(B)(1)(I)(A) (RELATING TO FUND) AND IS <-- 11 PAYABLE BY THE COMMISSION UNDER THE LEASE AGREEMENT. REQUIRED TO <-- 12 BE EXECUTED BETWEEN THE COMMISSION AND THE DEPARTMENT UNDER 13 SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 80). 14 (B) USE OF PAYMENT.--THE DEPARTMENT SHALL ALLOCATE THE FUNDS 15 RECEIVED UNDER SUBSECTION (A) AS PRESCRIBED UNDER 74 PA.C.S. § <-- 16 1506 PURSUANT TO 74 PA.C.S. CH. 15 (RELATING TO SUSTAINABLE <-- 17 MOBILITY OPTIONS). 18 (C) CREDITS.--THE PAYMENT MADE BY THE COMMISSION UNDER THIS 19 SECTION SHALL BE CREDITED AGAINST THE TOTAL AMOUNT OWED PAYABLE <-- 20 BY THE COMMISSION UNDER THE LEASE AGREEMENT FOR THE 2007-2008 21 FISCAL YEAR. 22 § 8915.5. OTHER INTERSTATE HIGHWAYS. 23 IN ORDER TO FACILITATE VEHICULAR TRAFFIC ACROSS THIS 24 COMMONWEALTH AND PURSUANT TO THE AUTHORITY GRANTED UNDER THIS 25 CHAPTER, THE COMMISSION IS HEREBY AUTHORIZED AND EMPOWERED TO: 26 (1) AT ITS OWN EXPENSE AND IN CONSULTATION WITH THE 27 DEPARTMENT, PREPARE A CONSULTING CIVIL ENGINEER REPORT AND 28 FINANCIAL ANALYSIS WITH RESPECT TO THE FEASIBILITY OF 29 CONVERTING ANY INTERSTATE HIGHWAY OR INTERSTATE HIGHWAY 30 SEGMENT TO A TOLL ROAD OR ADDING TO SAID INTERSTATES 20070H1590B2179 - 264 -
1 ADDITIONAL CAPACITY PROJECTS FINANCED BY TOLLS; AND 2 (2) AT ITS OWN EXPENSE, AND IN CONSULTATION WITH THE 3 DEPARTMENT AND WITH APPROVAL OF THE GENERAL ASSEMBLY, PREPARE 4 AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF 5 TRANSPORTATION FOR THE CONVERSION OF ANY INTERSTATE OR 6 INTERSTATE SEGMENT DETERMINED TO BE ELIGIBLE FOR CONVERSION 7 TO A TOLL ROAD UNDER ANY APPLICABLE FEDERAL PROGRAM. 8 § 8915.6. DEPOSIT AND DISTRIBUTION OF FUNDS. 9 (A) DEPOSITS.--THE UPON RECEIPT BY THE DEPARTMENT, THE <-- 10 FOLLOWING AMOUNTS FROM THE SCHEDULED ANNUAL COMMISSION 11 CONTRIBUTION SHALL BE DEPOSITED IN THE MOTOR LICENSE FUND: 12 (1) FOR FISCAL YEAR 2007-2008, $450,000,000. 13 (2) FOR FISCAL YEAR 2008-2009, $500,000,000. 14 (3) FOR FISCAL YEAR 2009-2010, $500,000,000. 15 (4) FOR FISCAL YEAR 2010-2011 AND EACH FISCAL YEAR 16 THEREAFTER, THE AMOUNT CALCULATED FOR THE PREVIOUS YEAR 17 INCREASED BY 2.5%. 18 (B) DISTRIBUTION.--THE FOLLOWING SHALL APPLY: 19 (1) ANNUALLY, 15% OF THE AMOUNT DEPOSITED IN ANY FISCAL 20 YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED AT THE 21 DISCRETION OF THE SECRETARY. 22 (2) ANNUALLY, $5,000,000 OF THE AMOUNT DEPOSITED IN ANY 23 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 24 COUNTIES. 25 (I) THE DISTRIBUTION SHALL BE IN THE RATIO OF: 26 (A) THE SQUARE FOOTAGE OF DECK AREA OF A 27 COUNTY'S COUNTY-OWNED BRIDGES; TO 28 (B) THE TOTAL SQUARE FOOTAGE OF DECK AREA OF 29 COUNTY-OWNED BRIDGES THROUGHOUT THIS COMMONWEALTH. 30 (II) THE AMOUNT OF SQUARE FOOTAGE UNDER SUBPARAGRAPH 20070H1590B2179 - 265 -
1 (I) SHALL BE THAT REPORTED AS PART OF THE NATIONAL BRIDGE 2 INSPECTION STANDARDS PROGRAM. 3 (3) ANNUALLY, $30,000,000 OF THE AMOUNT DEPOSITED IN ANY 4 FISCAL YEAR UNDER SUBSECTION (A) SHALL BE DISTRIBUTED TO 5 MUNICIPALITIES PURSUANT TO THE ACT OF JUNE 1, 1956 (1955 6 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS TAX 7 MUNICIPAL ALLOCATION LAW. 8 (4) ANY FUNDS DEPOSITED UNDER SUBSECTION (A) BUT NOT 9 DISTRIBUTED UNDER PARAGRAPHS (1), (2) AND (3) SHALL BE 10 DISTRIBUTED IN ACCORDANCE WITH NEEDS-BASED FORMULAS THAT ARE 11 DEVELOPED AND SUBJECT TO PERIODIC REVISION BASED ON 12 CONSULTATION AND COLLABORATION AMONG METROPOLITAN PLANNING 13 ORGANIZATIONS, RURAL PLANNING ORGANIZATIONS AND THE 14 DEPARTMENT. 15 (C) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED 16 IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 17 SUBSECTION, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 18 "METROPOLITAN PLANNING ORGANIZATION." THE POLICY BOARD OF AN 19 ORGANIZATION CREATED AND DESIGNATED TO CARRY OUT THE 20 METROPOLITAN TRANSPORTATION PLANNING PROCESS. 21 "RURAL PLANNING ORGANIZATION." THE ORGANIZATION OF COUNTIES 22 WITH POPULATIONS OF LESS THAN 50,000 CREATED AND DESIGNATED AS 23 LOCAL DEVELOPMENT DISTRICTS AND WHICH CARRY OUT THE RURAL 24 TRANSPORTATION PLANNING PROCESS. 25 § 8917. FINANCIAL PLAN. 26 (A) SUBMISSION.-- 27 (1) NO LATER THAN APRIL 1 OF EACH YEAR, THE COMMISSION 28 SHALL PREPARE AND PROVIDE TO THE SECRETARY OF THE BUDGET A 29 FINANCIAL PLAN FOR THE ENSUING FISCAL YEAR OF THE COMMISSION 30 THAT DESCRIBES THE COMMISSION'S PROPOSED: 20070H1590B2179 - 266 -
1 (I) OPERATING AND CAPITAL EXPENDITURES; 2 (II) BORROWINGS; 3 (III) LIQUIDITY AND OTHER FINANCIAL MANAGEMENT 4 COVENANTS AND POLICIES; 5 (IV) ESTIMATED TOLL RATES; AND 6 (V) ALL OTHER REVENUES AND EXPENDITURES. 7 (2) THE FINANCIAL PLAN SHALL DEMONSTRATE THAT THE 8 OPERATION OF THE COMMISSION IN ACCORDANCE WITH THE PLAN CAN 9 REASONABLY BE ANTICIPATED TO RESULT IN THE COMMISSION HAVING 10 UNENCUMBERED FUNDS DURING THE ENSUING AND FUTURE FISCAL YEARS 11 OF THE COMMISSION SUFFICIENT TO MAKE THE PAYMENTS DUE TO THE 12 DEPARTMENT UNDER THIS CHAPTER AND THE LEASE AGREEMENT FOR THE 13 ENSUING AND FUTURE FISCAL YEARS AFTER ALL OTHER OBLIGATIONS 14 OF THE COMMISSION HAVE BEEN MET. FINANCIAL PLANS PREPARED 15 AFTER APRIL 1, 2008, SHALL ALSO DESCRIBE ANY DEVIATIONS THAT 16 OCCURRED FROM THE FINANCIAL PLAN FOR THE PRIOR FISCAL YEAR OF 17 THE COMMISSION AND THE REASONS FOR THE DEVIATIONS. 18 (B) RECEIPT.--IF THE SECRETARY OF THE BUDGET RECEIVES THE 19 FINANCIAL PLAN BY THE DATE REQUIRED UNDER SUBSECTION (A), THE 20 COMMISSION SHALL BE AUTHORIZED TO CONDUCT ITS OPERATIONS IN 21 ACCORDANCE WITH THE PLAN. THE FINANCIAL PLAN MAY NOT BE AMENDED 22 BY THE COMMISSION UNLESS THE COMMISSION NOTIFIES THE SECRETARY 23 IN WRITING OF THE AMENDMENT. 24 (C) COOPERATION.--THE COMMISSION SHALL PROVIDE TO THE 25 SECRETARY OF THE BUDGET ALL INFORMATION REQUESTED IN CONNECTION 26 WITH REVIEW OF A FINANCIAL PLAN, INCLUDING MATERIALS USED TO 27 PREPARE THE PLAN. THE INFORMATION SHALL BE PROVIDED AS SOON AS 28 PRACTICABLE AFTER THE REQUEST. 29 (D) EFFECT OF PROVISIONS.--NOTHING IN THIS SECTION OR 30 SECTION 8918 (RELATING TO FAILURE TO PERFORM) SHALL BE DEEMED TO 20070H1590B2179 - 267 -
1 PREVENT THE COMMISSION FROM CONDUCTING ITS NORMAL COURSE OF 2 BUSINESS OR PREVENT THE COMMISSION FROM COMPLYING WITH ANY 3 COVENANTS MADE TO CURRENT BONDHOLDERS. 4 (E) LEASE AGREEMENT.--THE PROVISIONS OF THIS SECTION AND 5 SECTION 8918 SHALL BE INCLUDED IN THE LEASE AGREEMENT. 6 § 8918. FAILURE TO PERFORM. 7 (A) NOTICE.--THE SECRETARY OF THE BUDGET SHALL SEND WRITTEN 8 NOTICE TO THE COMMISSION AND TO THE GOVERNOR OF THE FAILURE OF 9 THE COMMISSION TO DO ANY OF THE FOLLOWING: 10 (1) MAKE A PAYMENT TO THE DEPARTMENT UNDER THIS CHAPTER 11 OR THE LEASE AGREEMENT. 12 (2) DELIVER A FINANCIAL PLAN TO THE SECRETARY OF THE 13 BUDGET WITHIN THE TIME PRESCRIBED UNDER SECTION 8917 14 (RELATING TO FINANCIAL PLAN). 15 (B) UNANIMOUS VOTE REQUIRED.-- 16 (1) UPON THE RECEIPT BY THE COMMISSION OF THE NOTICE 17 UNDER SUBSECTION (A) AND NOTWITHSTANDING ANY OTHER PROVISION 18 OF LAW, ACTION OF THE COMMISSION TAKEN BY VOTE OF THE 19 COMMISSIONERS SHALL REQUIRE A UNANIMOUS VOTE OF ALL 20 COMMISSIONERS. VIOLATION OF THIS PARAGRAPH SHALL RENDER THE 21 ACTION INVALID. 22 (2) THE REQUIREMENT OF PARAGRAPH (1) SHALL CONTINUE 23 UNTIL: 24 (I) THE REQUIRED PAYMENTS HAVE BEEN MADE TO THE 25 DEPARTMENT OR THE REQUIRED FINANCIAL PLAN HAS BEEN 26 DELIVERED; AND 27 (II) THE SECRETARY OF THE BUDGET HAS NOTIFIED THE 28 COMMISSION AND THE GOVERNOR OF THAT FACT. 29 SECTION 9. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <-- 30 § 9501. DEFINITIONS. 20070H1590B2179 - 268 -
1 THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS CHAPTER SHALL 2 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE 3 CONTEXT CLEARLY INDICATES OTHERWISE: 4 "ACT 3." THE ACT OF APRIL 17, 1997 (P.L.6, NO.3), ENTITLED, 5 "AN ACT AMENDING TITLES 74 (TRANSPORTATION) AND 75 (VEHICLES) OF 6 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 7 ANNUAL APPROPRIATION AND COMPUTATION OF SUBSIDY AND FOR 8 DISTRIBUTION OF FUNDING; PROVIDING FOR DISTRIBUTION OF 9 SUPPLEMENTAL FUNDING; FURTHER PROVIDING FOR USE OF FUNDS 10 DISTRIBUTED; PROVIDING FOR PUBLIC TRANSPORTATION GRANTS 11 MANAGEMENT ACCOUNTABILITY, FOR COMPETITIVE PROCUREMENT AND FOR 12 THE PUBLIC TRANSPORTATION ASSISTANCE FUND; FURTHER PROVIDING FOR 13 PERIOD OF REGISTRATION, FOR DUTIES OF AGENTS, FOR REGISTRATION 14 AND OTHER FEES, FOR REQUIREMENTS FOR PERIODIC INSPECTION OF 15 VEHICLES, FOR LIMITS ON NUMBER OF TOWED VEHICLES, FOR OPERATION 16 OF CERTAIN COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS AND FOR 17 WIDTH AND LENGTH OF VEHICLES; PROVIDING FOR LIQUID FUELS AND 18 FUELS PERMITS AND BOND OR DEPOSIT OF SECURITIES, FOR IMPOSITION 19 OF LIQUID FUELS AND FUELS TAX, FOR TAXPAYER, FOR DISTRIBUTOR'S 20 REPORT AND PAYMENT OF TAX, FOR DETERMINATION OF TAX, PENALTIES 21 AND INTEREST, FOR EXAMINATION OF RECORDS AND EQUIPMENT, FOR 22 RETENTION OF RECORDS BY DISTRIBUTORS AND DEALERS, FOR 23 DISPOSITION AND USE OF TAX, FOR DISCONTINUANCE OR TRANSFER OF 24 BUSINESS, FOR SUSPENSION OR REVOCATION OF PERMITS, FOR LIEN OF 25 TAXES, PENALTIES AND INTEREST, FOR COLLECTION OF UNPAID TAXES, 26 FOR REPORTS FROM COMMON CARRIERS, FOR VIOLATIONS AND REWARD FOR 27 DETECTION OF VIOLATIONS, FOR REFUNDS, FOR DIESEL FUEL IMPORTERS 28 AND TRANSPORTERS, FOR PROHIBITING USE OF DYED DIESEL FUEL, FOR 29 DISPOSITION OF FEES, FINES AND FORFEITURES, FOR CERTIFIED COPIES 30 OF RECORDS AND FOR UNCOLLECTIBLE CHECKS; FURTHER PROVIDING FOR 20070H1590B2179 - 269 -
1 DISTRIBUTION OF STATE HIGHWAY MAINTENANCE FUNDS AND FOR 2 STANDARDS AND METHODOLOGY FOR DATA COLLECTION; PROVIDING FOR 3 DIRT AND GRAVEL ROAD MAINTENANCE; FURTHER PROVIDING FOR 4 IMPOSITION OF TAX AND ADDITIONAL TAX; PROVIDING FOR TAX ON 5 ALTERNATIVE FUELS; FURTHER PROVIDING FOR DISPOSITION OF TAX 6 REVENUE; MAKING AN APPROPRIATION; AND MAKING REPEALS." 7 "ANNUAL DEBT SERVICE PAYMENTS." THE ANNUAL DEBT SERVICE 8 PAYMENTS ON THE BONDS ISSUED UNDER SECTION 9511.2 (RELATING TO 9 SPECIAL REVENUE BONDS) AND PAYABLE BY THE COMMISSION TO THE 10 DEPARTMENT AS PART OF ANNUAL BASE PAYMENTS AS DEFINED UNDER 75 11 PA.C.S. § 8901 (RELATING TO DEFINITIONS). 12 "BOND RELATED EXPENSES." THE TERM SHALL INCLUDE ALL OF THE 13 FOLLOWING: 14 (1) PRINTING, PUBLICATION OR ADVERTISING EXPENSES WITH 15 RESPECT TO THE SALE AND ISSUANCE OF BONDS. 16 (2) FEES, EXPENSES AND COSTS OF REGISTRARS. 17 (3) FEES, EXPENSES AND COSTS OF ATTORNEYS, ACCOUNTANTS, 18 FEASIBILITY CONSULTANTS, COMPUTER PROGRAMMERS OR OTHER 19 EXPERTS EMPLOYED TO AID IN THE SALE AND ISSUANCE OF THE 20 BONDS. 21 (4) OTHER COSTS, FEES AND EXPENSES INCURRED OR 22 REASONABLY RELATED TO THE ISSUANCE AND SALE OF THE BONDS 23 INCLUDING THE FUNDING OF A DEBT SERVICE RESERVE FUND. 24 "BOND-RELATED OBLIGATION." AN AGREEMENT OR CONTRACTUAL 25 RELATIONSHIP BETWEEN THE PENNSYLVANIA TURNPIKE COMMISSION AND: 26 (1) A BANK, TRUST COMPANY, INSURANCE COMPANY, SURETY 27 BONDING COMPANY, PENSION FUND OR OTHER FINANCIAL INSTITUTION 28 PROVIDING INCREASED CREDIT ON OR SECURITY FOR THE BONDS OR 29 LIQUIDITY FOR SECONDARY MARKET TRANSACTIONS; OR 30 (2) THE COUNTER PARTY TO A SWAP AGREEMENT. 20070H1590B2179 - 270 -
1 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION OR ANY 2 SUCCESSOR ORGANIZATION. 3 "COST OF THE DEPARTMENT." ANY OF THE FOLLOWING: 4 (1) THE COST OF CONSTRUCTING, RECONSTRUCTING, WIDENING, 5 EXPANDING OR EXTENDING THE STATE HIGHWAY AND RURAL STATE 6 HIGHWAY SYSTEM AND ALL CONNECTING ROADS, TUNNELS AND BRIDGES. 7 (2) THE COST OF ALL LANDS, PROPERTY RIGHTS, RIGHTS-OF- 8 WAY, EASEMENTS AND FRANCHISES ACQUIRED, WHICH ARE DEEMED 9 NECESSARY OR CONVENIENT FOR THE CONSTRUCTION, RECONSTRUCTION, 10 WIDENING, EXPANDING OR EXTENDING UNDER PARAGRAPH (1). 11 (3) THE COST OF ALL MACHINERY AND EQUIPMENT, FINANCING 12 CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR 13 ONE YEAR AFTER COMPLETION OF CONSTRUCTION. 14 (4) THE COST OF TRAFFIC ESTIMATES AND OF, ENGINEERING <-- 15 AND LEGAL EXPENSES, PLANS, SPECIFICATIONS, SURVEYS, ESTIMATES 16 OF COST AND OF REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT 17 TO DETERMINING THE FEASIBILITY OR PRACTICABILITY OF THE 18 ENTERPRISE, ADMINISTRATIVE AND LEGAL EXPENSES AND OTHER 19 EXPENSES AS MAY BE NECESSARY OR INCIDENT TO THE FINANCING 20 AUTHORIZED UNDER THIS CHAPTER, THE CONSTRUCTION, 21 RECONSTRUCTION, WIDENING, EXPANDING OR EXTENDING OF THE STATE 22 HIGHWAY AND THE RURAL STATE HIGHWAY SYSTEM AND CONNECTING 23 ROADS, TUNNELS AND BRIDGES, THE PLACING OF THE SAME IN 24 OPERATION AND THE CONDEMNATION OF PROPERTY NECESSARY FOR 25 CONSTRUCTION AND OPERATION. 26 (5) ANY OBLIGATION OR EXPENSE CONTRACTED FOR BY THE 27 DEPARTMENT OF TRANSPORTATION OR WITH THE UNITED STATES OR ANY 28 AGENCY OF THE UNITED STATES, FOR TRAFFIC SURVEYS, PREPARATION 29 OF PLANS AND SPECIFICATIONS, SUPERVISION OF CONSTRUCTION AND 30 OTHER ENGINEERING, ADMINISTRATIVE AND LEGAL SERVICES AND 20070H1590B2179 - 271 -
1 EXPENSES IN CONNECTION WITH THE CONSTRUCTION, RECONSTRUCTION, 2 WIDENING, EXPANDING OR EXTENDING OF THE STATE HIGHWAY AND THE 3 RURAL STATE HIGHWAY SYSTEM OR ANY OF THE CONNECTING ROADS, 4 TUNNELS AND BRIDGES. 5 (6) PAYMENT OF ANY NOTES OR OTHER OBLIGATIONS IF THE 6 NOTES OR OTHER OBLIGATIONS WERE ISSUED FOR THE PAYMENT OF A 7 COST. 8 "DESIGN BUILD ARRANGEMENT." A PROCUREMENT OR PROJECT 9 DELIVERY ARRANGEMENT WHEREBY A SINGLE ENTITY, WHICH MAY BE A 10 SINGLE CONTRACTOR OR A CONSORTIUM COMPRISED OF MULTIPLE 11 CONTRACTORS, ENGINEERS AND OTHER SUBCONSULTANTS, IS RESPONSIBLE 12 FOR BOTH THE DESIGN AND CONSTRUCTION OF A TRANSPORTATION PROJECT 13 WITH A GUARANTEED COMPLETION DATE AND GUARANTEED MAXIMUM PRICE. 14 "PLEDGED REVENUES." THE ANNUAL DEBT SERVICE PAYMENTS AND <-- 15 REVENUES DESCRIBED IN SECTION 9511.11(A) AND (B) 9511.11(B)(2) <-- 16 (RELATING TO PLEDGED REVENUES). 17 "REGULARLY SCHEDULED DEBT SERVICE." THE SCHEDULED PAYMENTS 18 DUE FOR PRINCIPAL AND INTEREST ON BONDS, WITHOUT REGARD TO ANY 19 ACCELERATION OF THE DUE DATE OF SUCH PRINCIPAL OR INTEREST BY 20 REASON OF MANDATORY OR OPTIONAL REDEMPTION OR ACCELERATION 21 RESULTING FROM DEFAULT OR OTHERWISE. THE TERM DOES NOT INCLUDE, <-- 22 OTHER THAN AN ADVANCEMENT OF PAYMENT RESULTING FROM A MANDATORY 23 SINKING FUND PAYMENT. 24 "RURAL STATE HIGHWAY SYSTEM." ALL ROADS AND HIGHWAYS TAKEN 25 OVER BY THE COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS 26 OF THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), REFERRED TO AS 27 THE TOWNSHIP STATE HIGHWAY LAW AND ALL OTHER ROADS AND HIGHWAYS 28 SPECIFICALLY DESIGNATED BY THE SECRETARY OF TRANSPORTATION AS 29 RURAL STATE HIGHWAYS. 30 "STATE HIGHWAY." ALL ROADS AND HIGHWAYS TAKEN OVER BY THE 20070H1590B2179 - 272 -
1 COMMONWEALTH AS STATE HIGHWAYS UNDER THE PROVISIONS OF ANY 2 STATUTE OTHER THAN THE ACT OF JUNE 22, 1931 (P.L.594, NO.203), 3 REFERRED TO AS THE TOWNSHIP STATE HIGHWAY LAW. UNLESS CLEARLY 4 INTENDED, THE TERM SHALL NOT INCLUDE ANY STREET IN ANY CITY, 5 BOROUGH OR INCORPORATED TOWN, EVEN THOUGH THE SAME MAY HAVE BEEN 6 TAKEN OVER AS A STATE HIGHWAY. 7 § 9511.2. SPECIAL REVENUE BONDS. 8 (A) PAYMENT SOURCE.--A SPECIAL REVENUE BOND, NOTE OR OTHER 9 OBLIGATION ISSUED UNDER THIS CHAPTER: 10 (1) SHALL NOT BE DEEMED TO BE A DEBT OR LIABILITY OF THE 11 COMMONWEALTH; 12 (2) SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS, 13 LIABILITY OR OBLIGATION OF THE COMMONWEALTH; AND 14 (3) SHALL BE PAYABLE SOLELY FROM PLEDGED REVENUES. <-- 15 (B) STATEMENT.--A SPECIAL REVENUE BOND, NOTE OR OTHER 16 OBLIGATION ISSUED UNDER THIS CHAPTER MUST CONTAIN A STATEMENT ON 17 ITS FACE THAT: 18 (1) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE BOND, 19 NOTE OR OBLIGATION OR THE INTEREST ON IT EXCEPT FROM PLEDGED 20 REVENUES; AND 21 (2) NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF 22 THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL 23 OR INTEREST OF THE BOND, NOTE OR OBLIGATION. 24 (C) TAXATION.--THE ISSUANCE OF A SPECIAL REVENUE BOND, NOTE 25 OR OTHER OBLIGATION UNDER THIS CHAPTER SHALL NOT DIRECTLY, 26 INDIRECTLY OR CONTINGENTLY OBLIGATE THE COMMONWEALTH TO LEVY A 27 TAX OR TO MAKE AN APPROPRIATION FOR PAYMENT. 28 § 9511.3. EXPENSES. 29 (A) REIMBURSEMENT.--THE COMMISSION SHALL BE REIMBURSED FROM <-- 30 BOND PROCEEDS FOR THE NECESSARY AND DOCUMENTED REASONABLE 20070H1590B2179 - 273 -
1 EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES PERFORMED 2 UNDER THE PROVISIONS OF THIS CHAPTER. 3 (B) SOURCE.--ALL EXPENSES INCURRED IN CARRYING OUT THE 4 PROVISIONS OF THIS CHAPTER SHALL BE PAID SOLELY FROM FUNDS 5 PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER, AND SUFFICIENT 6 FUNDS SHALL BE PROVIDED UNDER THE AUTHORITY OF THIS CHAPTER TO 7 MEET ANY LIABILITY OR OBLIGATION INCURRED IN CARRYING OUT THE 8 PROVISIONS OF THIS CHAPTER. 9 § 9511.4. SPECIAL REVENUE BONDS AND PRELIMINARY OR INTERIM 10 FINANCING. 11 (A) AUTHORIZATION.--THE COMMISSION IS AUTHORIZED TO PROVIDE, 12 BY RESOLUTION, FOR THE ISSUANCE OF SPECIAL REVENUE BONDS OF THE 13 COMMISSION UP TO AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING <-- 14 $5,000,000,000 FOR THE PURPOSE OF PAYING THE COST OF THE 15 DEPARTMENT AND BOND-RELATED EXPENSES. THE RESOLUTION MUST RECITE 16 AN ESTIMATE OF THE COST OF THE DEPARTMENT. NO MORE THAN 17 $600,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF SPECIAL REVENUE <-- 18 BONDS MAY BE ISSUED IN ANY CALENDAR YEAR. NO BOND MAY BE ISSUED 19 AND OUTSTANDING UNDER THIS SECTION UNLESS THE LEASE AGREEMENT <-- 20 AUTHORIZED UNDER SECTION 8915.3 (RELATING TO LEASE OF INTERSTATE 21 80) IS IN EFFECT AS OF THE DATE OF ISSUANCE. NO BOND MAY BE <-- 22 OUTSTANDING BEYOND THE TERM OF THE LEASE. SPECIAL REVENUE 23 REFUNDING BONDS AS SET FORTH IN SECTION 9511.9 (RELATING TO 24 SPECIAL REVENUE REFUNDING BONDS) SHALL NOT BE DEEMED TO COUNT 25 AGAINST THE TOTAL OR ANNUAL MAXIMUM ISSUANCE VOLUME. THE 26 PRINCIPAL AND INTEREST OF THE BOND SHALL BE PAYABLE SOLELY FROM 27 REVENUES PLEDGED REVENUES. OF THE MOTOR LICENSE FUND TRANSFERRED <-- 28 TO THE COMMISSION FOR THAT PURPOSE TO THE COMMISSION IN 29 COMBINATION WITH ANNUAL DEBT SERVICE ON OUTSTANDING BONDS ISSUED 30 UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS) PAYABLE 20070H1590B2179 - 274 -
1 AS REQUIRED PURSUANT TO THE BONDS. 2 (B) FORM.-- 3 (1) A BOND MAY BE ISSUED IN REGISTERED FORM. 4 (2) A BOND: 5 (I) MUST BE DATED; 6 (II) MUST BEAR INTEREST AT A RATE NOT EXCEEDING THE 7 RATE PERMITTED UNDER APPLICABLE LAW; 8 (III) MUST BE PAYABLE SEMIANNUALLY OR AT OTHER TIMES 9 AS SET FORTH IN THE RESOLUTION OF THE COMMISSION 10 AUTHORIZING THE ISSUANCE OF THE BONDS; 11 (IV) MUST MATURE, AS DETERMINED BY THE COMMISSION, 12 NO LATER THAN 40 YEARS FROM THE DATE OF THE BOND; AND 13 (V) MAY BE MADE REDEEMABLE BEFORE MATURITY, AT THE 14 OPTION OF THE COMMISSION, AT A PRICE AND UNDER TERMS AND 15 CONDITIONS FIXED BY THE COMMISSION PRIOR TO THE ISSUANCE 16 OF THE BONDS. 17 (C) ISSUANCE.-- 18 (1) THE COMMISSION MAY SELL BONDS AT PUBLIC OR PRIVATE 19 SALE AND FOR A PRICE IT DETERMINES TO BE IN THE BEST INTEREST 20 OF THE COMMONWEALTH. 21 (2) BONDS MAY BE ISSUED IN SERIES WITH VARYING 22 PROVISIONS AS TO ALL OF THE FOLLOWING: 23 (I) RATES OF INTEREST, WHICH MAY BE FIXED OR 24 VARIABLE. 25 (II) OTHER PROVISIONS NOT INCONSISTENT WITH THIS 26 CHAPTER. 27 (D) (RESERVED). 28 (E) PAYMENT.-- 29 (1) THE PRINCIPAL AND INTEREST OF THE BONDS MAY BE MADE 30 PAYABLE IN ANY LAWFUL MEDIUM. 20070H1590B2179 - 275 -
1 (2) THE COMMISSION SHALL: 2 (I) DETERMINE THE FORM OF BONDS; AND 3 (II) FIX: 4 (A) THE DENOMINATION OF THE BOND; AND 5 (B) THE PLACE OF PAYMENT OF PRINCIPAL AND 6 INTEREST OF THE BOND, WHICH MAY BE AT ANY BANK OR 7 TRUST COMPANY WITHIN OR WITHOUT THIS COMMONWEALTH. 8 (F) SIGNATURE.--THE BOND MUST BEAR THE MANUAL OR FACSIMILE <-- 9 SIGNATURE OF THE GOVERNOR AND OF THE CHAIRMAN OF THE COMMISSION. 10 THE FACSIMILE OF THE OFFICIAL SEAL OF THE COMMISSION SHALL BE <-- 11 AFFIXED TO OR A FACSIMILE OF THE OFFICIAL SEAL SHALL BE AFFIXED <-- 12 TO OR PRINTED ON THE BOND AND ATTESTED BY THE SECRETARY AND 13 TREASURER OF THE COMMISSION. IF AN OFFICER WHOSE SIGNATURE OR 14 FACSIMILE OF A SIGNATURE APPEARS ON A BOND CEASES TO BE AN 15 OFFICER BEFORE THE DELIVERY OF THE BOND, THE SIGNATURE OR 16 FACSIMILE SHALL NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL 17 PURPOSES, AS IF THE OFFICER REMAINED IN OFFICE UNTIL DELIVERY. 18 (G) NEGOTIABILITY.--A SPECIAL REVENUE BOND ISSUED UNDER THIS 19 CHAPTER SHALL HAVE ALL THE QUALITIES AND INCIDENTS OF A 20 NEGOTIABLE INSTRUMENT UNDER 13 PA.C.S. DIV. 3 (RELATING TO 21 NEGOTIABLE INSTRUMENTS). 22 (H) PROCEEDS.-- <-- 23 (1) THE PROCEEDS OF A BOND SHALL BE USED SOLELY FOR THE 24 FOLLOWING: 25 (I) PAYMENT OF THE COST OF THE DEPARTMENT. 26 (II) BOND-RELATED EXPENSES. 27 (2) THE PROCEEDS OF A BOND SHALL BE DISBURSED UPON 28 REQUISITION OF THE SECRETARY UNDER RESTRICTIONS SET FORTH IN 29 THE RESOLUTION AUTHORIZING THE ISSUANCE OF THE BOND OR THE 30 TRUST INDENTURE UNDER SECTION 9511.6 (RELATING TO TRUST 20070H1590B2179 - 276 -
1 INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS AND 2 DEPOSITORIES). 3 (H) PROCEEDS.--THE PROCEEDS OF A BOND SHALL BE USED SOLELY <-- 4 FOR THE FOLLOWING: 5 (1) PAYMENT OF THE COST OF THE DEPARTMENT. 6 (2) BOND-RELATED EXPENSES. 7 (I) TEMPORARY BONDS.--PRIOR TO THE PREPARATION OF DEFINITIVE 8 BONDS, THE COMMISSION MAY, UNDER SIMILAR RESTRICTIONS AS THOSE 9 APPLICABLE TO THE DEFINITIVE BONDS, ISSUE TEMPORARY BONDS, 10 EXCHANGEABLE FOR DEFINITIVE BONDS UPON THE ISSUANCE OF 11 DEFINITIVE BONDS. 12 (J) (RESERVED). 13 (K) STATUS AS SECURITIES.-- 14 (1) A BOND IS MADE A SECURITY IN WHICH ANY OF THE 15 FOLLOWING MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING 16 CAPITAL, BELONGING TO THEM OR WITHIN THEIR CONTROL: 17 (I) COMMONWEALTH AND MUNICIPAL OFFICERS. 18 (II) COMMONWEALTH AGENCIES. 19 (III) BANKS, BANKERS, SAVINGS BANKS, TRUST 20 COMPANIES, SAVING AND LOAN ASSOCIATIONS, INVESTMENT 21 COMPANIES AND OTHER PERSONS CARRYING ON A BANKING 22 BUSINESS. 23 (IV) INSURANCE COMPANIES, INSURANCE ASSOCIATIONS AND 24 OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS. 25 (V) FIDUCIARIES. 26 (VI) OTHER PERSONS THAT ARE AUTHORIZED TO INVEST IN 27 BONDS OR OTHER OBLIGATIONS OF THE COMMONWEALTH. 28 (2) A BOND IS MADE A SECURITY WHICH MAY PROPERLY AND 29 LEGALLY BE DEPOSITED WITH AND RECEIVED BY A COMMONWEALTH OR 30 MUNICIPAL OFFICER OR A COMMONWEALTH AGENCY FOR ANY PURPOSE 20070H1590B2179 - 277 -
1 FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THE 2 COMMONWEALTH IS AUTHORIZED BY LAW. 3 (L) BORROWING.--THE FOLLOWING SHALL APPLY: 4 (1) THE COMMISSION IS AUTHORIZED TO DO ALL OF THE 5 FOLLOWING: 6 (I) BORROW MONEY AT AN INTEREST RATE NOT EXCEEDING 7 THE RATE PERMITTED BY LAW. 8 (II) PROVIDE FOR PRELIMINARY OR INTERIM FINANCING, 9 UP TO BUT NOT EXCEEDING THE ESTIMATED TOTAL COST OF THE 10 DEPARTMENT AND BOND-RELATED EXPENSES AND TO EVIDENCE THE 11 BORROWING BY THE ISSUANCE OF SPECIAL REVENUE NOTES AND, 12 IN ITS DISCRETION, TO PLEDGE AS COLLATERAL FOR THE NOTE 13 OR OTHER OBLIGATION, A SPECIAL REVENUE BOND ISSUED UNDER 14 THE PROVISIONS OF THIS CHAPTER. THE COMMISSION MAY RENEW 15 THE NOTE OR OBLIGATION, AND THE PAYMENT OR RETIREMENT OF 16 THE NOTE OR OBLIGATION SHALL BE CONSIDERED TO BE PAYMENT 17 OF THE COST OF THE PROJECT. 18 (2) A NOTE OR OBLIGATION ISSUED UNDER THIS SUBSECTION 19 MUST CONTAIN A STATEMENT ON ITS FACE THAT: 20 (I) THE COMMONWEALTH IS NOT OBLIGATED TO PAY THE 21 NOTE OR OBLIGATION OR INTEREST ON IT, EXCEPT FROM PLEDGED 22 REVENUES OF THE MOTOR LICENSE FUND; AND <-- 23 (II) NEITHER THE FAITH AND CREDIT NOR THE TAXING 24 POWER OF THE COMMONWEALTH IS PLEDGED TO THE PAYMENT OF 25 ITS PRINCIPAL OR INTEREST. 26 § 9511.5. APPLICATION OF PROCEEDS OF OBLIGATIONS, LIEN OF 27 HOLDERS OF OBLIGATIONS, DESIGN-BUILD REQUIREMENT AND 28 PROJECTS APPROVED BY GENERAL ASSEMBLY. 29 (A) APPLICATION.--THE FOLLOWING SHALL APPLY: 30 (1) ALL MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR <-- 20070H1590B2179 - 278 -
1 OTHER OBLIGATIONS ISSUED UNDER THIS CHAPTER SHALL BE APPLIED 2 SOLELY TO THE PAYMENT OF: 3 (I) THE COST OF THE DEPARTMENT WHICH IS CONSISTENT <-- 4 WITH THE PURPOSE OF THE ISSUE; AND 5 (II) BOND-RELATED EXPENSES. 6 (2) THE COMMISSION MAY PROVIDE BY RESOLUTION THAT UNTIL 7 MONEY PROCEEDS RECEIVED FROM ANY BONDS, NOTES OR OTHER <-- 8 OBLIGATIONS ISSUED UNDER THIS CHAPTER IS APPLIED UNDER 9 PARAGRAPH (1), A LIEN SHALL EXIST UPON THE MONEY PROCEEDS IN <-- 10 FAVOR OF HOLDERS OF THE BONDS, NOTES OR OTHER OBLIGATIONS OR 11 A TRUSTEE PROVIDED FOR IN RESPECT TO THE BONDS, NOTES OR 12 OTHER OBLIGATIONS. 13 (B) DESIGN-BUILD ARRANGEMENTS.-- 14 (1) TO FACILITATE THE TIMELY COMPLETION OF PROJECTS TO 15 BE FINANCED BY THE DEPARTMENT WITH BOND PROCEEDS, THE 16 DEPARTMENT SHALL BE REQUIRED TO UTILIZE DESIGN-BUILD 17 ARRANGEMENTS FOR EACH PROJECT TO BE FINANCED WITH BOND <-- 18 PROCEEDS IF THE PROJECT VALUE IS ESTIMATED BY THE DEPARTMENT 19 TO HAVE A VALUE IN EXCESS OF EXCEED $100,000,000. <-- 20 (2) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE 21 DEPARTMENT MAY UTILIZE DESIGN-BUILD ARRANGEMENTS FOR THE 22 FOLLOWING: 23 (I) PROJECTS TO BE FINANCED BY THE DEPARTMENT WITH 24 BOND PROCEEDS FOR PROJECTS ESTIMATED BY THE DEPARTMENT TO 25 HAVE A VALUE OF $100,000,000 OR LESS; AND 26 (II) ALL OTHER CONSTRUCTION PROJECTS OF THE 27 DEPARTMENT NOT INCLUDED UNDER SUBPARAGRAPH (I) OR <-- 28 PARAGRAPH (1). 29 (3) THE SELECTION OF THE PARTY FOR A DESIGN-BUILD 30 ARRANGEMENT UNDER THIS SUBSECTION MUST BE CONDUCTED IN A 20070H1590B2179 - 279 -
1 MANNER CONSISTENT WITH THE PROCUREMENT AND PUBLIC BIDDING 2 LAWS APPLICABLE TO THE DEPARTMENT. 3 (C) CAPITAL PROJECTS.--ALL PROJECTS FINANCED BY THE 4 DEPARTMENT WITH BOND PROCEEDS SHALL BE INCLUDED IN ANY 5 SUBMISSION THE DEPARTMENT IS ALREADY REQUIRED TO MAKE TO THE 6 GENERAL ASSEMBLY WITH RESPECT TO THE EXPENDITURE OF FUNDS FOR 7 HIGHWAY PROJECTS. 8 (D) INVESTMENT.--PENDING THE APPLICATION OF PROCEEDS TO 9 COSTS COST OF THE DEPARTMENT AND BOND-RELATED EXPENSES, THE <-- 10 COMMISSION MAY INVEST THE FUNDS IN PERMITTED INVESTMENTS AS 11 DEFINED UNDER ANY TRUST INDENTURE. IF THE INVESTMENT IS NOT <-- 12 INCONSISTENT WITH EXISTING FIDUCIARY OBLIGATIONS OF THE 13 COMMISSION. 14 § 9511.6. TRUST INDENTURE, PROTECTION OF HOLDERS OF OBLIGATIONS 15 AND DEPOSITORIES. 16 (A) INDENTURE.--IN THE DISCRETION OF THE COMMISSION, A BOND, 17 NOTE OR OTHER OBLIGATION MAY BE SECURED BY A TRUST INDENTURE BY 18 AND BETWEEN THE COMMISSION AND A CORPORATE TRUSTEE, WHICH MAY BE 19 ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY, 20 WITHIN OR WITHOUT THIS COMMONWEALTH. 21 (B) PLEDGE OR ASSIGNMENT.--A TRUST INDENTURE UNDER 22 SUBSECTION (A) MAY PLEDGE OR ASSIGN THE PLEDGED REVENUES, BUT 23 SHALL NOT CONVEY OR MORTGAGE THE TURNPIKE OR ANY PART OF THE 24 TURNPIKE. 25 (C) RIGHTS AND REMEDIES.--THE RESOLUTION PROVIDING FOR THE 26 ISSUANCE OF THE BOND, NOTE OR OTHER OBLIGATION OF THE TRUST 27 INDENTURE MAY CONTAIN PROVISIONS FOR PROTECTING AND ENFORCING 28 THE RIGHTS AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES 29 OR OTHER OBLIGATIONS AS MAY BE REASONABLE AND PROPER AND NOT IN 30 VIOLATION OF LAW. 20070H1590B2179 - 280 -
1 (D) DEPOSITORY.--IT SHALL BE LAWFUL FOR ANY BANK OR TRUST 2 COMPANY INCORPORATED UNDER THE LAWS OF THIS COMMONWEALTH TO ACT 3 AS DEPOSITORY OF THE PROCEEDS OF THE BOND, NOTE OR OTHER 4 OBLIGATION OR REVENUE, TO FURNISH INDEMNITY BONDS OR TO PLEDGE 5 SECURITIES AS MAY BE REQUIRED BY THE COMMISSION. 6 (E) INDENTURE.--THE TRUST INDENTURE MAY SET FORTH THE RIGHTS 7 AND REMEDIES OF THE BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 8 OBLIGATIONS AND OF THE TRUSTEE AND MAY RESTRICT THE INDIVIDUAL 9 RIGHT OF ACTION OF BONDHOLDERS OR HOLDERS OF NOTES OR OTHER 10 OBLIGATIONS AS IS CUSTOMARY IN TRUST INDENTURES SECURING BONDS, 11 DEBENTURES OF CORPORATIONS, NOTES OR OTHER OBLIGATIONS. THE 12 TRUST INDENTURE MAY CONTAIN OTHER PROVISIONS AS THE COMMISSION 13 MAY DEEM REASONABLE AND PROPER FOR THE SECURITY OF BONDHOLDERS 14 OR HOLDERS OF NOTES OR OTHER OBLIGATIONS. 15 § 9511.7. EXEMPTION FROM COMMONWEALTH TAXATION. 16 THE EFFECTUATION OF THE PURPOSES OF THIS CHAPTER IS FOR THE 17 BENEFIT OF THE CITIZENS OF THIS COMMONWEALTH AND FOR THE 18 IMPROVEMENT OF THEIR COMMERCE AND PROSPERITY. SINCE THE 19 COMMISSION WILL BE PERFORMING ESSENTIAL GOVERNMENT FUNCTIONS IN 20 EFFECTUATING THESE PURPOSES, THE COMMISSION SHALL NOT BE 21 REQUIRED TO PAY ANY TAX OR ASSESSMENT ON ANY PROPERTY ACQUIRED 22 OR USED BY IT FOR THE PURPOSES PROVIDED UNDER THIS CHAPTER. A 23 BOND, NOTE OR OTHER OBLIGATION ISSUED BY THE COMMISSION, ITS 24 TRANSFER AND THE INCOME FROM ITS ISSUANCE AND TRANSFER, 25 INCLUDING ANY PROFITS MADE ON THE SALE OF THE BOND, NOTE OR 26 OTHER OBLIGATION, SHALL BE FREE FROM TAXATION WITHIN THE 27 COMMONWEALTH. 28 § 9511.8. COSTS RELATED TO FEDERAL INCOME TAX MATTERS. 29 TAX MATTER COSTS INCURRED BY THE COMMISSION IN CONNECTION 30 WITH ANY PROCEEDING OF OR FILING WITH THE INTERNAL REVENUE 20070H1590B2179 - 281 -
1 SERVICE CONCERNING THE USE OF PROCEEDS OF BONDS ISSUED UNDER 2 THIS CHAPTER SHALL BE PAID OR REIMBURSED FROM AVAILABLE FUNDS IN 3 THE MOTOR LICENSE FUND. IT IS ANTICIPATED THAT THE INCOME <-- 4 RECEIVED BY THE COMMISSION AS A RESULT OF THE SALE OF BONDS 5 UNDER THIS CHAPTER WILL BE FREE OF FEDERAL INCOME TAX. IF THE 6 ACT OR FAILURE TO ACT OF THE DEPARTMENT DIRECTLY RESULTS IN TAX 7 LIABILITY TO THE COMMISSION, THE DEPARTMENT SHALL PAY TO THE 8 COMMISSION, FROM AVAILABLE FUNDS IN THE FUND, THE AMOUNT OF THE 9 LIABILITY. TAX MATTER COSTS SHALL INCLUDE ALL OF THE FOLLOWING: 10 (1) FEES OF TAX COUNSEL OR ARBITRAGE REBATE CALCULATION 11 PROVIDERS. 12 (2) ARBITRAGE REBATE PAYMENTS TO THE EXTENT NOT PROPERLY 13 PAYABLE FROM FUNDS HELD UNDER THE BOND INDENTURE. 14 (3) SETTLEMENT PAYMENTS TO THE INTERNAL REVENUE SERVICE, 15 EITHER IN RELATION TO AN EXAMINATION INITIATED BY THE 16 INTERNAL REVENUE SERVICE OR A CLOSING AGREEMENT REQUESTED BY 17 THE COMMISSION. 18 (4) PAYMENTS TO BONDHOLDERS AS A RESULT OF CLAIMS BASED 19 ON PENDING, THREATENED OR ACTUAL ASSESSMENTS OF TAX, INTEREST 20 OR PENALTIES BY THE INTERNAL REVENUE SERVICE. 21 (5) ANY OTHER COST REASONABLY RELATED TO A PROCEEDING BY 22 OR FILING WITH THE INTERNAL REVENUE SERVICE CONCERNING THE 23 USE OF PROCEEDS OF THE BONDS. 24 § 9511.9. SPECIAL REVENUE REFUNDING BONDS. 25 THE COMMISSION IS AUTHORIZED TO PROVIDE, BY RESOLUTION, FOR 26 THE ISSUANCE OF SPECIAL REVENUE REFUNDING BONDS OF THE 27 COMMISSION FOR THE PURPOSE OF REFUNDING ANY SPECIAL REVENUE 28 BONDS, NOTES OR OTHER OBLIGATIONS ISSUED UNDER THE PROVISIONS OF 29 THIS CHAPTER AND THEN OUTSTANDING. THE ISSUANCE OF THE SPECIAL 30 REVENUE REFUNDING BONDS, THE MATURITIES AND OTHER DETAILS OF THE 20070H1590B2179 - 282 -
1 BONDS, THE RIGHTS OF THE HOLDERS OF THE BONDS AND THE DUTIES OF 2 THE DEPARTMENT AND OF THE COMMISSION WITH RESPECT TO THE BONDS 3 SHALL BE GOVERNED BY THE PROVISIONS OF THIS CHAPTER. 4 § 9511.10. REMEDIES OF TRUSTEES AND OF HOLDERS OF OBLIGATIONS. 5 (A) GRANT OF RIGHTS.--A HOLDER OF A BOND, NOTE OR OTHER 6 OBLIGATION ISSUED UNDER THIS CHAPTER AND THE TRUSTEE UNDER THE 7 TRUST INDENTURE MAY, EITHER AT LAW OR IN EQUITY, BY SUIT, 8 ACTION, MANDAMUS OR OTHER PROCEEDING, DO ALL OF THE FOLLOWING: 9 (1) PROTECT AND ENFORCE ANY RIGHT GRANTED UNDER THIS 10 CHAPTER OR UNDER THE RESOLUTION OR TRUST INDENTURE. 11 (2) ENFORCE AND COMPEL PERFORMANCE OF ALL DUTIES 12 REQUIRED UNDER THIS CHAPTER OR BY RESOLUTION OR TRUST 13 INDENTURE TO BE PERFORMED BY THE COMMISSION OR ANY OFFICER OF 14 ITS OFFICERS, INCLUDING THE COLLECTION OF THE PLEDGED 15 RESERVES. 16 (B) EXCEPTION.--RIGHTS GIVEN UNDER THIS CHAPTER MAY BE 17 RESTRICTED BY RESOLUTION PASSED BEFORE THE ISSUANCE OF THE 18 BONDS, NOTES OR OTHER OBLIGATIONS, OR BY THE TRUST INDENTURE. 19 § 9511.11. PLEDGED REVENUES. 20 (A) ANNUAL DEBT SERVICE PAYMENTS.--UPON RECEIPT BY THE 21 DEPARTMENT OF THE ANNUAL DEBT SERVICE PAYMENTS, THE DEPARTMENT 22 SHALL PAY THEM TO THE TRUSTEE FOR THE HOLDERS OF THE BONDS 23 ISSUED UNDER SECTION 9511.2 (RELATING TO SPECIAL REVENUE BONDS). 24 (B) PAYMENT DEFAULT.-- 25 (1) THE DEPARTMENT SHALL NOTIFY THE STATE TREASURER IF 26 THE DEPARTMENT RECEIVES A NOTICE FROM THE TRUSTEE WHICH: 27 (I) INDICATES THAT A DEFAULT IN THE PAYMENT OF 28 REGULARLY SCHEDULED DEBT SERVICE ON THE BONDS HAS 29 OCCURRED; AND 30 (II) INDICATES THE AMOUNT REQUIRED TO REMEDY THE 20070H1590B2179 - 283 -
1 DEFAULT. 2 (2) UPON NOTICE UNDER PARAGRAPH (1), THE STATE TREASURER 3 SHALL DO ALL OF THE FOLLOWING: 4 (I) NOTWITHSTANDING SECTION 9010 (RELATING TO 5 DISPOSITION AND USE OF TAX), TRANSFER TO THE TRUSTEE FROM 6 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 7 IMPOSITION OF THE TAX UNDER SECTION 9004(A) (RELATING TO 8 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) THE AMOUNT 9 NECESSARY TO REMEDY THE DEFAULT UNDER PARAGRAPH (1)(II). 10 (II) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT 11 OF THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) ARE 12 NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER PARAGRAPH 13 (1)(II) AND NOTWITHSTANDING SECTION 9511 (RELATING TO 14 ALLOCATION OF PROCEEDS), TRANSFER TO THE TRUSTEE FROM 15 FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF THE 16 IMPOSITION OF THE TAX UNDER 9502(A)(1), (2)(I), (II), 17 (III) AND (IV) AND (3)(II) (RELATING TO IMPOSITION OF 18 TAX), AN AMOUNT NECESSARY, WHEN COMBINED WITH ANY FUNDS 19 TRANSFERRED UNDER SUBPARAGRAPH (I), TO REMEDY THE 20 DEFAULT. 21 (III) IF FUNDS IN THE MOTOR LICENSE FUND AS A RESULT OF 22 THE IMPOSITION OF THE TAX UNDER SECTION 9004(A) AND 23 SECTION 9502(A)(1), (2)(I), (II), (III) AND (IV) AND 24 (3)(II) ARE NOT SUFFICIENT TO REMEDY THE DEFAULT UNDER 25 PARAGRAPH (1)(II) AND NOTWITHSTANDING THE PROVISIONS OF 26 SECTION 20 OF ACT 3, TRANSFER TO THE TRUSTEE FROM FUNDS 27 IN THE MOTOR LICENSE FUND AS A RESULT OF THE 28 APPROPRIATION TO THE COMMISSION UNDER SECTION 20 OF ACT 29 3, AN AMOUNT NECESSARY, WHEN COMBINED WITH FUNDS 30 TRANSFERRED UNDER SUBPARAGRAPHS (I) AND (II), TO REMEDY 20070H1590B2179 - 284 -
1 THE DEFAULT. 2 (C) COMMONWEALTH PLEDGE.--THIS SUBSECTION SHALL OPERATE AS A 3 PLEDGE BY THE COMMONWEALTH TO AN INDIVIDUAL OR ENTITY THAT 4 ACQUIRES A BOND ISSUED BY THE COMMISSION UNDER SECTION 9511.2: 5 (1) TO SECURE THE PORTION OF THE MONEY DESCRIBED UNDER 6 THIS SECTION AND DISTRIBUTED UNDER THIS SECTION; AND 7 (2) TO NOT LIMIT OR ALTER THE RIGHTS VESTED IN THE 8 COMMISSION OR THE TRUSTEE FOR THE BONDS TO THE APPROPRIATION 9 AND DISTRIBUTION OF MONEY SET FORTH UNDER THIS SECTION. 10 § 9511.12. LIMIT ON TRANSFERS FROM THE MOTOR LICENSE FUND. <-- 11 IF IN ANY MONTH THE STATE TREASURER RECEIVES A NOTICE FROM 12 THE COMMISSION UNDER SECTION 8915.3(4) (RELATING TO LEASE OF 13 INTERSTATE 80; RELATED AGREEMENTS) THAT MONEY IS REQUIRED TO BE 14 TRANSFERRED TO THE TRUSTEE TO SATISFY THE PROVISIONS OF THE 15 TRUST INDENTURE RELATING TO BONDS ISSUED UNDER SECTION 9511.2 16 (RELATING TO SPECIAL REVENUE BONDS), THE STATE TREASURER SHALL, 17 IN THAT MONTH, TRANSFER FROM THE MOTOR LICENSE FUND UNDER 18 SECTION 9511.11 (RELATING TO PLEDGED REVENUES), AN AGGREGATE 19 AMOUNT, NOT TO EXCEED $___________, EQUAL TO THE AMOUNT REQUIRED 20 TO BE TRANSFERRED TO THE COMMISSION PURSUANT TO THE NOTICE. 21 § 9511.12. (RESERVED). <-- 22 § 9511.13. SUPPLEMENT TO OTHER LAWS AND LIBERAL CONSTRUCTION. 23 THIS CHAPTER SHALL BE REGARDED AS SUPPLEMENTAL AND ADDITIONAL 24 TO POWERS CONFERRED BY OTHER STATUTES AND SHALL NOT BE REGARDED 25 AS IN DEROGATION OF ANY POWERS EXISTING ON THE EFFECTIVE DATE OF 26 THIS SECTION. THE PROVISIONS OF THIS CHAPTER, BEING NECESSARY 27 FOR THE WELFARE OF THE COMMONWEALTH AND ITS CITIZENS, SHALL BE 28 LIBERALLY CONSTRUED TO EFFECT THE PURPOSES OF THIS CHAPTER. 29 SECTION 13 8. (A) FINANCIAL ASSISTANCE MADE BY THE <-- 30 DEPARTMENT OF TRANSPORTATION UNDER 74 PA.C.S. CH. 13 PRIOR TO 20070H1590B2179 - 285 -
1 THE EFFECTIVE DATE OF THIS SECTION MAY CONTINUE TO BE USED BY 2 RECIPIENTS FOR OPERATING OR CAPITAL EXPENSES UPON THE SAME TERMS 3 AND CONDITIONS AS ARE CONTAINED IN THE NOTICE OF GRANT AWARD OR 4 GRANT AGREEMENT EXECUTED IN CONNECTION WITH THE AWARD, IF THE 5 FUNDS ARE EXPENDED WITHIN FIVE YEARS FOLLOWING THE EFFECTIVE 6 DATE OF THIS SECTION. 7 (B) THE DEPARTMENT OF TRANSPORTATION MAY CONTINUE TO USE ALL 8 FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE TO IT FOR PUBLIC 9 TRANSPORTATION PURPOSES PRIOR TO THE EFFECTIVE DATE OF THIS 10 SECTION IN ACCORDANCE WITH THE LAWS UNDER WHICH THE FUNDS WERE 11 MADE AVAILABLE. 12 SECTION 13.1 9. THE REPEAL OF 74 PA.C.S. CH. 13 IS SUBJECT <-- 13 TO THE FOLLOWING: 14 (1) NOTWITHSTANDING THE REPEAL: 15 (I) THE FUND SHALL CONTINUE TO RECEIVE TAX REVENUE <-- 16 THE FUND WAS ENTITLED TO RECEIVE ON JUNE 30, 2007. 17 (II) TRANSIT ENTITIES THAT HAVE OUTSTANDING 18 OBLIGATIONS SHALL CONTINUE TO RECEIVE MONEY FROM THE FUND 19 CALCULATED AND PAID IN THE SAME MANNER AS WAS PROVIDED ON 20 JUNE 30, 2007. 21 (III) TRANSIT ENTITIES THAT DO NOT HAVE OUTSTANDING 22 OBLIGATIONS SHALL NOT BE ENTITLED TO RECEIVE ADDITIONAL 23 MONEY FROM THE FUND AFTER JUNE 30, 2007. 24 (IV) NO TRANSIT ENTITY SHALL BE ENTITLED TO PLEDGE 25 THE MONEY FROM THE FUND TO SECURE ADDITIONAL OBLIGATIONS 26 ISSUED AFTER JUNE 30, 2007. 27 (V) MONEY REMAINING IN THE FUND AFTER PAYMENTS UNDER 28 SUBPARAGRAPH (II) SHALL BE TRANSFERRED MONTHLY TO THE 29 PUBLIC TRANSPORTATION TRUST FUND ESTABLISHED UNDER 74 30 PA.C.S. § 1506. 20070H1590B2179 - 286 -
1 (VI) PAYMENTS TO TRANSIT ENTITIES UNDER 75 74 <-- 2 PA.C.S. CH. 15 SHALL BE CALCULATED AND PAID BY THE <-- 3 DEPARTMENT SO AS TO DEDUCT FROM THE PAYMENTS REDUCED BY <-- 4 AMOUNTS RECEIVED BY THE TRANSIT ENTITY FROM THE FUND 5 UNDER SUBPARAGRAPH (II). 6 (2) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND 7 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 8 SUBSECTION: 9 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE 10 COMMONWEALTH. 11 "FUND." THE PUBLIC TRANSPORTATION ASSISTANCE FUND. 12 "OUTSTANDING OBLIGATIONS." "OBLIGATIONS." ANY BONDS, <-- 13 NOTES, BOND ANTICIPATION NOTES, REFUNDING NOTES AND BONDS, 14 INTERIM CERTIFICATES, DEBENTURES AND OTHER EVIDENCES OF 15 INDEBTEDNESS OR OBLIGATIONS OF A TRANSIT ENTITY WITH RESPECT 16 TO WHICH REVENUES FROM THE FUND HAVE BEEN PLEDGED PRIOR TO 17 JUNE 30, 2007. 18 "TRANSIT ENTITY." ANY CLASS OF TRANSIT ENTITY, AS 19 DEFINED IN FORMER SECTION 1301 OF TITLE 74. 20 (3) THE COMMONWEALTH PLEDGES TO AND AGREES WITH ANY <-- 21 PERSON, FIRM OR CORPORATION HOLDING ANY BONDS PREVIOUSLY 22 ISSUED BY, OR ANY OTHER DEBT INCURRED BY, A LOCAL 23 TRANSPORTATION ORGANIZATION AND SECURED IN WHOLE OR PART BY A 24 PLEDGE OF THE FUNDS PROVIDED TO THE LOCAL TRANSPORTATION 25 ORGANIZATION FROM THE PUBLIC TRANSPORTATION ASSISTANCE FUND 26 THAT THE COMMONWEALTH WILL NOT LIMIT OR ALTER RIGHTS VESTED 27 IN A LOCAL TRANSPORTATION ORGANIZATION IN ANY MANNER 28 INCONSISTENT WITH OBLIGATIONS OF THE LOCAL TRANSPORTATION 29 ORGANIZATION TO THE OBLIGEES OF THE LOCAL TRANSPORTATION 30 ORGANIZATION UNTIL ALL BONDS PREVIOUSLY ISSUED OR OTHER DEBT 20070H1590B2179 - 287 -
1 INCURRED, TOGETHER WITH THE INTEREST ON THE BONDS OR DEBT, IS
2 FULLY PAID OR PROVIDED FOR.
3 SECTION 14 10. THE FOLLOWING SHALL APPLY: <--
4 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER
5 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE ADDITION OF 74
6 PA.C.S. CH. 81.
7 (2) THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61),
8 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD
9 CONVERSION ACT IS REPEALED.
10 (3) SECTION 207.1(C)(2) OF THE ACT OF APRIL 9, 1929
11 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
12 IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH THE ADDITION
13 OF 74 PA.C.S. § 8105.
14 (3.1) IN ORDER TO EFFECTUATE THE FUNDING ASPECTS OF THIS <--
15 ACT, THE FOLLOWING STATE APPROPRIATIONS IN SECTION 222 OF THE
16 ACT OF , 2007 (P.L. , NO. ), KNOWN AS THE GENERAL
17 APPROPRIATION ACT OF 2007 ARE REPEALED:
18 (I) THE SUM OF $800,000 OF THE APPROPRIATION FOR
19 GENERAL GOVERNMENT OPERATIONS OF THE DEPARTMENT OF
20 TRANSPORTATION.
21 (II) THE ENTIRE APPROPRIATION FOR THE RAIL SAFETY
22 INSPECTION PROGRAM.
23 (III) THE ENTIRE APPROPRIATION FOR MASS
24 TRANSPORTATION ASSISTANCE FOR GRANTS TO LOCAL
25 TRANSPORTATION ORGANIZATIONS.
26 (IV) THE ENTIRE APPROPRIATION FOR SUPPLEMENTAL
27 GRANTS TO CLASS 3 AND CLASS 4 TRANSIT ENTITIES AND TO
28 SUPPORT ACCESS TO JOBS TRANSPORTATION DEMONSTRATION
29 ACTIVITIES.
30 (V) THE ENTIRE APPROPRIATION TO AUGMENT STATE
20070H1590B2179 - 288 -
1 LOTTERY FUNDS FOR PAYMENTS TO TRANSPORTATION PROVIDERS 2 FOR FIXED-ROUTE TRANSPORTATION SERVICES AND RELATED 3 IMPROVEMENTS AND FOR OTHER TRANSPORTATION ACTIVITIES. 4 (VI) THE ENTIRE APPROPRIATION FOR SHARED-RIDE 5 TRANSIT FOR PERSONS WITH DISABILITIES. 6 (VII) THE ENTIRE APPROPRIATION FOR INTERCITY 7 TRANSPORTATION FOR INTERCITY BUS, RAIL PASSENGER AND 8 OTHER OPERATING SUBSIDIES AND RELATED IMPROVEMENTS. 9 (4) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED 10 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT. 11 SECTION 15 11. THE ADDITION OF 74 PA.C.S. CH. 81 IS A <-- 12 CONTINUATION OF THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61), 13 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD 14 CONVERSION ACT. THE FOLLOWING SHALL APPLY: 15 (1) EXCEPT AS OTHERWISE PROVIDED UNDER 74 PA.C.S. CH. 16 81, ALL ACTIVITIES INITIATED UNDER THE TURNPIKE ORGANIZATION, 17 EXTENSION AND TOLL ROAD CONVERSION ACT SHALL CONTINUE AND 18 REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER 74 19 PA.C.S. CH. 81. ORDERS, REGULATIONS, RULES AND DECISIONS 20 WHICH WERE MADE UNDER THE TURNPIKE ORGANIZATION, EXTENSION 21 AND TOLL ROAD CONVERSION ACT AND WHICH ARE IN EFFECT ON THE 22 EFFECTIVE DATE OF SECTION 14(2) 10(2) OF THIS ACT SHALL <-- 23 REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR 24 MODIFIED UNDER 74 PA.C.S. CH. 81. CONTRACTS, OBLIGATIONS AND 25 COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO UNDER THE 26 TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT 27 ARE NOT AFFECTED NOR IMPAIRED BY THE REPEAL OF THE TURNPIKE 28 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 29 (2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE 30 IN LANGUAGE BETWEEN 74 PA.C.S. CH. 81 AND THE TURNPIKE 20070H1590B2179 - 289 -
1 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT IS 2 INTENDED ONLY TO CONFORM TO THE STYLE OF THE PENNSYLVANIA 3 CONSOLIDATED STATUTES AND IS NOT INTENDED TO CHANGE OR AFFECT 4 THE LEGISLATIVE INTENT, JUDICIAL CONSTRUCTION OR 5 ADMINISTRATION AND IMPLEMENTATION OF THE TURNPIKE 6 ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT. 7 (3) PARAGRAPH (2) SHALL NOT APPLY TO ANY OF THE 8 FOLLOWING: 9 (I) IN SECTION 8102: 10 (A) PARAGRAPHS (1) AND (6) OF THE DEFINITION OF 11 "COST OF THE TURNPIKES." 12 (B) PARAGRAPH (2) OF THE DEFINITION OF 13 "TURNPIKES." 14 (C) THE DEFINITIONS OF "AUDITOR GENERAL'S 15 CERTIFICATE," "COSTS OF THE DEPARTMENT," "GENERAL 16 RESERVE FUND SURPLUS," "PUBLIC PASSENGER 17 TRANSPORTATION," "RURAL STATE HIGHWAY SYSTEM," 18 "SECRETARY," "STATE HIGHWAY," AND "SYSTEM OF PUBLIC 19 PASSENGER TRANSPORTATION." 20 (II) IN SECTION 8103: <-- 21 (A) SUBSECTION (A) INTRODUCTORY PARAGRAPH. 22 (B) SUBSECTION (B) INTRODUCTORY PARAGRAPH. 23 (C) SUBSECTION (D) INTRODUCTORY PARAGRAPH. 24 (D) SUBSECTION (E) INTRODUCTORY PARAGRAPH. 25 (II) SECTION 8105(B)(2). <-- 26 (III) SECTION 8107(A)(9) AND (10). 27 (IV) SECTION 8112(A)(1)(III), (2) AND (4), (B)(2) AND <-- 28 (C)(1), (E) AND (F). <-- 29 (V) SECTION 8113. 30 (VI) SECTION 8114(C) AND (D). 20070H1590B2179 - 290 -
1 (VII) SECTION 8116. 2 (VIII) SECTION 8119(C). <-- 3 SECTION 16 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- F18L74VDL/20070H1590B2179 - 291 -