THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW, BAKER, GORDNER, BLAKE, YUDICHAK, PILEGGI, COSTA, ARGALL, BOSCOLA, ERICKSON, FARNESE, FONTANA, GREENLEAF, PIPPY, MENSCH, RAFFERTY, SCHWANK, TARTAGLIONE, WAUGH, BROWNE, VANCE, BREWSTER, DINNIMAN, FERLO, HUGHES, KASUNIC, KITCHEN, LEACH, SOLOBAY, STACK, WASHINGTON, WILLIAMS AND WOZNIAK, OCTOBER 4, 2011

REFERRED TO APPROPRIATIONS, OCTOBER 4, 2011  

AN ACT

Providing for the adoption of capital projects related to the

repair, rehabilitation or replacement of highway bridges and

for the adoption of specific flood mitigation projects or

disaster assistance projects to be financed from debt

incurred under clause (1) of subsection (a) of section 7 of

Article VIII of the Constitution of Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Disaster

Relief Act of 2011.

CHAPTER 3

BRIDGES

Section 301.  Short title of chapter.

This chapter shall be known and may be cited as the Capital

Budget Act of 2011 for Highway-Railroad and Highway Bridges

Damaged by Hurricane Irene and Tropical Storm Lee.

Section 302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Capital project."  A capital project as defined in section

302 of the act of February 9, 1999 (P.L.1, No.1), known as the

Capital Facilities Debt Enabling Act, and shall include county

or municipal bridge rehabilitation, replacement or improvement

projects as set forth in this chapter.

"Department."  The Department of Transportation of the

Commonwealth.

"Secretary."  The Secretary of Transportation of the

Commonwealth.

Section 303.  Total authorization for bridge projects.

The total authorization for the projects itemized pursuant to

this chapter and to be financed from debt incurred under clause

(1) of subsection (a) of section 7 of Article VIII of the

Constitution of Pennsylvania is $75,000,000.

Section 304.  Itemization of bridge projects.

The individual capital projects in the category of highway

projects to be constructed by the department, its successors or

assigns, and to be financed from debt incurred under clause (1)

of subsection (a) of section 7 of Article VIII of the

Constitution of Pennsylvania are hereby itemized, together with

their respective estimated financial costs, in the following

sections.

Section 372.  Estimated useful life of projects.

The General Assembly states the estimated useful life of the

projects itemized in this chapter is 30 years.

Section 373.  Federal funds.

All moneys received from the Federal Government for the

highway and highway bridge projects specifically itemized in

this chapter are also hereby appropriated for those projects.

Section 374.  Construction.

(a)  Utilization of Federal funds.--Amounts contained in this

chapter for any project shall not supplant or replace any

Federal funds authorized by any Federal law or regulation.

Funding from this chapter for any project is available only to

the extent that Federal funds are not available for such

project.

(b)  Continuity with bridge supplementals.--The provisions of

this chapter shall be construed unless specifically provided

otherwise as a supplement to the act of December 8, 1982

(P.L.848, No.235), known as the Highway-Railroad and Highway

Bridge Capital Budget Act for 1982-1983.

Section 375.  Allocation of funds.

Whenever the Department of Transportation determines that the

full estimated financial costs of the projects itemized in this

chapter are not necessary for the proper design, acquisition or

construction of such project, the excess funds no longer

required may be allocated by the department to increase the

estimated costs of any one or more of the projects specifically

itemized in a capital budget.

CHAPTER 5

RAILROAD DISASTER ASSISTANCE PROJECTS

Section 501.  Short title of chapter.

This chapter shall be known and may be cited as the Railroad

Disaster Assistance Projects Itemization Act of 2011.

Section 502.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Disaster."  The period of time in calendar year 2011

relating to Hurricane Irene and Tropical Storm Lee that was the

subject of a presidential declaration of an emergency under The

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(Public Law 93-288, 88 Stat. 143).

Section 503.  Total authorization.

The total authorization for disaster assistance projects to

be financed in part with grants as itemized in this chapter is

$2,000,000.

Section 504.  Itemization of disaster mitigation or assistance

projects.

The individual disaster mitigation or assistance projects to

be financed from current revenues or debt are hereby itemized,

together with their respective estimated financial costs, as

follows:

Department of Transportation        $2,000,000

(1)  Lycoming Valley Railroad       $1,000,000

Section 505.  Funds.

The projects itemized in this chapter shall be funded from

debt incurred under the provisions of clause (1) of subsection

(a) of section 7 of Article VIII of the Constitution of

Pennsylvania.

Section 506.  Federal funds.

All moneys received from the Federal Government for the

projects specifically itemized in this chapter are also hereby

appropriated for those projects.

Section 507.  Construction.

Amounts contained in this chapter for any project shall not

supplant or replace any Federal funds authorized by any Federal

law or regulation. Funding from this chapter for any project is

available only to the extent that Federal funds are not

available for such project.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701.  Constitutional construction.

The provisions of this act shall be severable and, if any of

the provisions of this act shall be held unconstitutional, such

decisions shall not affect the validity of any of the remaining

provisions of this act. It is hereby declared as the legislative

intent that this act would have been adopted had such

unconstitutional provisions not been included in this act.

Section 702.  Effective date.

This act shall take effect immediately.