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PRINTER'S NO. 563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
506
Session of
2015
INTRODUCED BY GABLER, EMRICK, EVERETT, HEFFLEY, KNOWLES,
LONGIETTI, McGINNIS, METCALFE, MILLARD, MULLERY AND
OBERLANDER, FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 17, 2015
AN ACT
Amending Titles 74 (Transportation) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, eliminating statutory
authority to toll Interstate Route 80.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8116(a) introductory paragraph of Title
74 of the Pennsylvania Consolidated Statutes is amended to read:
§ 8116. Collection and disposition of tolls and other revenue.
(a) Establishment and changes in toll amounts.--Subject to
the terms of any trust indenture entered into by the commission
or any resolution authorizing the issuance of any bonds, notes
or other obligations of the commission, the commission is
authorized to fix and to revise tolls for the use of the
Pennsylvania Turnpike System and the different parts or sections
of the system, including the turnpike, the turnpike extensions
and improvements and the toll road conversions authorized by
this chapter. The commission is further authorized to charge and
collect tolls; to contract with any person, partnership,
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association or corporation desiring the use of any part thereof,
including the right-of-way adjoining the paved portion, for
placing thereon telephone, telegraph, electric light or power
lines, gas stations, garages, stores, hotels, restaurants and
advertising signs or for any other purpose, except [for service
plazas in the right-of-way along Interstate 80 and] for tracks
for railroad or railway use; and to fix the terms, conditions,
rents and rates of charges for use. Tolls shall be fixed and
adjusted as to provide funds at least sufficient with other
revenues of the Pennsylvania Turnpike System, if any, to pay all
of the following:
* * *
Section 2. Sections 8915 introductory paragraph, 8915.1,
8915.2, 8915.3, 8915.5(2) and 8915.7 of Title 75 are amended to
read:
§ 8915. Conversion to toll roads.
In order to facilitate vehicular traffic within and across
this Commonwealth, and to facilitate the completion of the
turnpike extensions and improvements authorized in section 8911
(relating to improvement and extension authorizations), and
subject to [prior legislative] State legislation enacted after
April 30, 2015, and approval by [the General Assembly and] the
United States Congress, the commission is hereby authorized and
empowered to convert to toll roads such portions of
Pennsylvania's interstate highway system as may facilitate the
completion of the turnpike extensions and improvements
authorized in sections 8912 (relating to subsequent extension
authorizations), 8913 (relating to additional subsequent
extension authorizations) and 8914 (relating to further
subsequent authorizations) and to operate and maintain such
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converted interstates as toll roads upon the approval by the
Congress of the United States of America and the General
Assembly of this Commonwealth of legislation expressly
permitting the conversion of such interstates to toll roads.
Such conversions shall take place at a time and manner set forth
in the plan for the conversion prepared by the commission with
the cooperation of the department. The provisions authorizing
the commission to construct, operate and maintain the turnpike
routes in sections 8911, 8912 and 8913 shall be subject to:
* * *
[§ 8915.1. Conversion of Interstate 80.
In order to facilitate vehicular traffic across this
Commonwealth, the commission is authorized and empowered to do
all of the following:
(1) Convert Interstate 80 to a toll road and maintain
and operate it as a toll road.
(2) Construct, reconstruct, widen, expand, extend,
maintain and operate Interstate 80 from a point at or near
the Ohio border to a point at or near the New Jersey border,
together with connecting roads, interchanges, slip ramps,
tunnels and bridges.
(3) Issue turnpike revenue bonds, notes or other
obligations, payable solely from revenues of the commission,
including tolls, or from funds as may be available to the
commission for that purpose, to pay the cost of constructing,
reconstructing, widening, expanding or extending Interstate
80 or any other costs of Interstate 80 and the Pennsylvania
Turnpike.
(4) Provide quarterly reports and periodic updates
regarding significant developments with respect to the
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conversion of Interstate 80 to the chairman and minority
chairman of the Transportation Committee of the Senate and
the chairman and minority chairman of the Transportation
Committee of the House of Representatives. These reports
shall include, at a minimum, the status of outstanding
discussions with the United States Department of
Transportation regarding Interstate 80, the location and
construction of tolling-related equipment for Interstate 80,
planned capital improvements for Interstate 80 and other
information important to implementation of this section.
§ 8915.2. Application to United States Department of
Transportation.
(a) Application.--The commission, in consultation with the
department and at its own expense, is authorized to prepare and
submit an application to the United States Department of
Transportation for the conversion of Interstate 80 to a toll
road. The secretary shall ensure that all information required
for the application is made available to the commission as soon
as practicable after the effective date of this section.
(b) Open system.--A toll system shall consist of what is
commonly referred to as an open system with no more than ten
toll collection points.
(c) Other agreements.--The commission and the department may
enter into any other agreements as may be necessary to
effectuate the execution of the application filed under this
section.
§ 8915.3. Lease of Interstate 80; related agreements.
The department and the commission shall enter into a lease
agreement relating to Interstate 80 prior to October 15, 2007.
The lease agreement shall include provisions setting forth the
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terms and conditions of the conversion of Interstate 80 to a
toll road. The lease agreement and any related agreement, at a
minimum, shall include the following:
(1) A provision that the term of the lease agreement
shall be 50 years, unless extended upon mutual agreement of
the parties to the lease agreement and upon approval of the
General Assembly.
(2) A provision establishing the conversion period and
authorizing extension of the conversion period at the sole
option of the commission for three one-year extension periods
after consultation with the secretary. The commission shall
notify the secretary of its intent to extend the conversion
period not less than 90 days before the scheduled expiration
of the conversion period. During the conversion period, all
legal, financial and operational responsibility for
Interstate 80 shall remain with the department. All
operations and programmed rehabilitation shall be maintained
at levels no less favorable than those set forth in the
department's 12-year plan at the time of the execution of the
lease, with modifications as are approved in writing by the
chairman of the commission.
(3) A provision permitting the commission to exercise
its option to convert Interstate 80 to a toll road prior to
the expiration of the conversion period by providing the
conversion notice to the secretary. Beginning on the
conversion date, all legal, financial and operational
responsibility for Interstate 80, as well as all toll
revenues subsequently collected with respect to its use,
shall automatically transfer to the commission. The
secretary, within five business days after receiving the
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conversion notice, shall forward notice of the conversion
date to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin. Any revenues collected prior to
the conversion date shall be retained by the department. The
commission may contract with the department for any portion
of the maintenance of Interstate 80 at cost levels agreed to
by the department and the commission.
(4) A provision requiring the commission to pay annual
base payments to the department during the term of the lease
agreement.
(5) A provision requiring the commission to pay annual
additional payments to the department. The annual additional
payments shall be payable in four equal installments on the
last business day of each July, October, January and April of
each year during the term of the lease agreement.
(6) A provision requiring the commission to pay,
commencing in the fiscal year including the conversion date,
annual surplus payments to the department. The annual surplus
payments shall be payable by the commission within 30 days of
receipt by the commission of the Auditor General's
certificate.
(7) A provision stating that the obligation of the
commission to pay the annual base payments, the annual
additional payments and annual surplus payments shall be a
subordinate obligation of the commission payable from amounts
in the general reserve fund of the commission only as
permitted by any financing documents, financial covenants,
liquidity policies or agreements in effect at the
commission.]
§ 8915.5. Other interstate highways.
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In order to facilitate vehicular traffic across this
Commonwealth and pursuant to the authority granted under this
chapter, the commission is hereby authorized and empowered to:
* * *
(2) upon enactment of State legislation after April 30,
2015, at its own expense and in consultation with the
department [and with approval of the General Assembly],
prepare and submit an application to the United States
Department of Transportation for the conversion of any
interstate or interstate segment determined to be eligible
for conversion to a toll road under any applicable Federal
program.
[§ 8915.7. Impact on associated highways and local roads.
Prior to the conversion date and within one year following
the conversion date, the commission, in collaboration with the
department, shall conduct traffic studies to determine the
average daily traffic on associated roads and highways. The
purpose of these studies will be to quantify any diversion of
traffic from Interstate 80 to other roadways as a result of the
conversion. This section shall not require duplication of
traffic studies undertaken by the commission as a part of the
conversion process or undertaken by the department as a normal
course of the department's operations.]
Section 3. This act shall take effect immediately.
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