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PRINTER'S NO. 2582
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2216
Session of
2022
INTRODUCED BY MIZGORSKI, BROOKS AND ECKER, JANUARY 10, 2022
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 10, 2022
AN ACT
Amending Title 74 (Transportation) of the Pennsylvania
Consolidated Statutes, providing for Pennsylvania
Infrastructure Bank and for Pennsylvania Infrastructure Bank
Fund; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 74 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 94
PENNSYLVANIA INFRASTRUCTURE BANK
Sec.
9401. Scope of chapter.
9402. Definitions.
9403. Pennsylvania Infrastructure Bank.
9404. Pennsylvania Infrastructure Bank Fund.
9405. Federal law.
9406. Prohibition.
9407. Other appropriations.
§ 9401. Scope of chapter.
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This chapter relates to the Pennsylvania Infrastructure Bank.
§ 9402. 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:
"Aviation infrastructure." The term includes, but is not
limited to, the following:
(1) Runway, taxiway, apron, terminal and hangar
construction.
(2) Land acquisition, equipment procurement and
obstruction removal relating to aviation.
(3) Access roads for airports.
(4) Airport lighting.
"Department." The Department of Transportation of the
Commonwealth.
"Fund." The Pennsylvania Infrastructure Bank Fund continued
under section 9404 (relating to Pennsylvania Infrastructure Bank
Fund).
"Highway and bridge infrastructure." The term includes, but
is not limited to, the following:
(1) Road construction, resurfacing and preservation.
(2) Bridge rehabilitation and replacement.
(3) Traffic signals and signal upgrades.
(4) Drainage structures relating to highways and
bridges.
(5) Stormwater management relating to highways and
bridges.
(6) Municipal roadway and bridge maintenance equipment.
(7) Complete streets.
(8) Intermodal facilities.
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"Qualified borrower." A person that meets qualification
criteria set by the department.
"Qualified project." A project which meets qualification
criteria set by the department for aviation infrastructure,
highway and bridge infrastructure, rail freight infrastructure
and transit infrastructure.
"Rail freight infrastructure." The term includes, but is not
limited to, ties, rails and ballast which may include supporting
infrastructure, rail spur lines to customers, crossings and
other similar structures.
"Transit infrastructure." The term includes, but is not
limited to, capital purchases, buildings and intermodal
facilities relating to transit.
§ 9403. Pennsylvania Infrastructure Bank.
(a) Continuation.--The Pennsylvania Infrastructure Bank is
continued as a program within the department.
(b) Powers of department.--The department may do all of the
following:
(1) make loans to or enter into leases with qualified
borrowers to finance the costs of qualified projects and to
acquire, hold and sell borrower obligations evidencing the
loans;
(2) enter into guaranties relating to qualified projects
secured solely by or purchase insurance or other credit
enhancement through amounts on deposit in the fund;
(3) enter into contracts, arrangements and agreements to
provide assistance to qualified borrowers for qualified
projects through amounts on deposit in the fund. The
department shall determine the form and content of any
borrower obligation, including the terms and rate of interest
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on any loans or leases;
(4) enter into contracts, arrangements and agreements
with other persons and execute and deliver all trust
agreements, loan agreements and other instruments necessary
or convenient to the exercise of the powers granted by this
section;
(5) enter into grant cooperative, operating and other
agreements with the United States relating to the fund;
(6) establish and collect fees, charges and interest;
(7) establish fiscal controls and accounting procedures
for the fund;
(8) adopt regulations, procedures or guidelines for the
Pennsylvania Infrastructure Bank and for accounting
procedures by qualified borrowers for financial assistance
and projects; and
(9) establish accounts and subaccounts in the fund as
necessary and invest money held in the fund.
§ 9404. Pennsylvania Infrastructure Bank Fund.
(a) Continuation.--The Pennsylvania Infrastructure Bank Fund
is continued as a special fund within the State Treasury.
(b) Appropriation.--Money in the fund is appropriated to the
department on a continuing basis for the purposes of the
Pennsylvania Infrastructure Bank.
(c) Administration.--The fund shall be administered by the
department and the State Treasurer shall be the treasurer-
custodian of the fund.
(d) Deposits.--The following shall be deposited in the fund:
(1) Loan principal and interest repayments from the
Pennsylvania Infrastructure Bank.
(2) Appropriations or transfers of money of the
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Commonwealth to the fund.
(3) Federal money which may be deposited in the fund.
(e) Disbursements.--The State Treasurer shall hold and
disburse all Federal and State money deposited into the fund in
accordance with this section.
§ 9405. Federal law.
The department may take any actions required by Federal law
or regulation in order to qualify as a state infrastructure bank
and to receive Federal money made available to state
infrastructure banks.
§ 9406. Prohibition.
The department shall not be considered a bank, trust company,
insurance company or dealer in securities subject to any Federal
or State banking or insurance regulating agency or any
securities, securities exchange or securities dealers' law.
§ 9407. Other appropriations.
The department may use money in the Highway and Safety
Improvement Program appropriation from the Motor License Fund to
provide payments as authorized by Federal law, including
matching money, for the fund.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 74
Pa.C.S. Ch. 94.
(2) Section 2015 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of the
definitions of "qualified projects" and "rail freight
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infrastructure" in 74 Pa.C.S. § 9402.
(4) The act of November 29, 2004 (P.L.1324, No.165),
known as the State Railroad Infrastructure Act, is repealed.
Section 3. The addition of 74 Pa.C.S. Ch. 94 is a
continuation of section 2015 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, and
the act of November 29, 2004 (P.L.1324, No.165), known as the
State Railroad Infrastructure Act. Except as otherwise provided
in 74 Pa.C.S. Ch. 94, all activities initiated under section
2015 of The Administrative Code of 1929 and the State Railroad
Infrastructure Act shall continue and remain in full force and
effect and may be completed under 74 Pa.C.S. Ch. 94. Orders,
regulations, rules and decisions which were made under section
2015 of The Administrative Code of 1929 and the State Railroad
Infrastructure Act and which are in effect on the effective date
of section 2(2) and (4) of this act shall remain in full force
and effect until revoked, vacated or modified under 74 Pa.C.S.
Ch. 94. Contracts, obligations and collective bargaining
agreements entered into under section 2015 of The Administrative
Code of 1929 and the State Railroad Infrastructure Act are not
affected nor impaired by the repeal of section 2015 of The
Administrative Code of 1929 and the State Railroad
Infrastructure Act.
Section 4. This act shall take effect in 60 days.
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