SENATE AMENDED
PRIOR PRINTER'S NO. 88 PRINTER'S NO. 4159
No. 84 Session of 1985
INTRODUCED BY LIVENGOOD, HUTCHINSON, PHILLIPS, LETTERMAN, BURD,
STEIGHNER, WASS, BELFANTI AND FRYER, JANUARY 23, 1985
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 18, 1986
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <--
2 Statutes, changing the methods of determining noise
3 violations.
4 AMENDING THE ACT OF JANUARY 22, 1968 (P.L.42, NO.8), ENTITLED, <--
5 AS AMENDED, "AN ACT EMPOWERING AND AUTHORIZING THE DEPARTMENT
6 OF TRANSPORTATION TO ESTABLISH AND ADMINISTER CERTAIN GRANT
7 PROGRAMS FOR THE BETTERMENT OF MASS TRANSPORTATION SYSTEMS
8 AND FACILITIES THROUGHOUT THE COMMONWEALTH; PROVIDING FOR
9 STATE GRANTS TO TRANSPORTATION COMPANIES, MUNICIPALITIES,
10 COUNTIES, OR THEIR INSTRUMENTALITIES AND TO AGENCIES AND
11 INSTRUMENTALITIES OF THE COMMONWEALTH FOR STUDIES, RESEARCH,
12 DEMONSTRATION PROGRAMS, PROMOTION PROGRAMS, PURCHASE OF
13 SERVICE PROJECTS, AND CAPITAL IMPROVEMENT PROJECTS UNDER
14 CERTAIN CONDITIONS; AUTHORIZING GRANTS BY COUNTIES OR
15 MUNICIPALITIES IN METROPOLITAN AREAS TO LOCAL TRANSPORTATION
16 ORGANIZATIONS, AUTHORIZING THE CREATION OF A TRANSPORTATION
17 AUTHORITY TO FUNCTION IN EACH METROPOLITAN AREA CONSISTING OF
18 ANY COUNTY OF THE FIRST CLASS AND ALL NEARBY COUNTIES WITHIN
19 A RADIUS OF TWENTY MILES OF ANY SUCH FIRST CLASS COUNTY, AS A
20 BODY CORPORATE AND POLITIC FOR THE PURPOSE OF ESTABLISHING AN
21 INTEGRATED MASS TRANSPORTATION SYSTEM WITH ALL PERTINENT
22 POWERS INCLUDING, BUT NOT LIMITED TO, LEASING, ACQUIRING,
23 OWNING, OPERATING AND MAINTAINING A SYSTEM FOR, OR OTHERWISE
24 PROVIDING FOR, THE TRANSPORTATION OF PERSONS, AUTHORIZING THE
25 BORROWING OF MONEY AND ISSUANCE OF BONDS THEREFOR, CONFERRING
26 THE RIGHT OF EMINENT DOMAIN ON THE AUTHORITY; ALTERING THE
27 JURISDICTION OF THE PUBLIC UTILITY COMMISSION, AUTHORIZING
28 THE ACCEPTANCE OF GRANTS FROM FEDERAL, STATE AND LOCAL
29 GOVERNMENTS, LIMITING ACTIONS AGAINST THE AUTHORITY AND
30 EXEMPTING IT FROM TAXATION, AUTHORIZING COUNTIES AND
31 MUNICIPALITIES TO ENTER INTO COMPACTS FOR THE FINANCING OF
1 EACH AUTHORITY AND TO MAKE APPROPRIATIONS IN ACCORDANCE WITH
2 SUCH COMPACTS, CREATING A CITIZEN ADVISORY COMMITTEE,
3 CONFERRING EXCLUSIVE JURISDICTION UPON CERTAIN COURTS WITH
4 RESPECT TO MATTERS RELATING TO SUCH AUTHORITY, EMPOWERING
5 EACH AUTHORITY TO FUNCTION OUTSIDE OF THE METROPOLITAN AREA
6 UNDER CERTAIN TERMS AND CONDITIONS," FURTHER DEFINING CERTAIN
7 TRANSIT ENTITIES; REQUIRING ONE-THIRD LOCAL OR PRIVATE
8 FUNDING MATCHES FOR STATE GRANTS WITH CERTAIN EXCEPTIONS;
9 REMOVING CERTAIN LIMITATIONS ON STATE GRANTS; AND FURTHER
10 PROVIDING FOR ANNUAL APPROPRIATIONS AND NEW FORMULAS FOR
11 DISTRIBUTION OF THE APPROPRIATIONS TO TRANSPORTATION
12 ORGANIZATIONS AND COMPANIES.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 4523(a) of Title 75 of the Pennsylvania <--
16 Consolidated Statutes is amended to read:
17 § 4523. Exhaust systems, mufflers and noise control.
18 (a) Compliance with established sound levels.--Every motor
19 vehicle operated on a highway shall be constructed, equipped,
20 maintained and operated so as not to exceed the sound level for
21 the vehicle as prescribed in regulations promulgated by the
22 department. The test procedures and instrumentation to be
23 utilized shall also be established by regulation. Violations of
24 this section may be proven by the testimony of two police
25 officers who were on the scene and who testify that the noise
26 was, in their opinion, excessive and there was a violation of
27 subsection (c) or (d). Violations may also be proven by means or
28 methods prescribed by the department to enforce this section.
29 * * *
30 Section 2. This act shall take effect in 60 days.
31 SECTION 1. SECTION 202 OF THE ACT OF JANUARY 22, 1968 <--
32 (P.L.42, NO.8), KNOWN AS THE PENNSYLVANIA URBAN MASS
33 TRANSPORTATION LAW, IS AMENDED BY ADDING DEFINITIONS TO READ:
34 SECTION 202. DEFINITIONS.--THE FOLLOWING TERMS, WHENEVER
35 USED OR REFERRED TO IN THIS ARTICLE, SHALL HAVE THE FOLLOWING
19850H0084B4159 - 2 -
1 MEANINGS, EXCEPT IN THOSE INSTANCES WHERE THE CONTEXT CLEARLY
2 INDICATES A DIFFERENT MEANING:
3 * * *
4 "CLASS 1 TRANSIT ENTITY" SHALL MEAN AND INCLUDE A LOCAL
5 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY OPERATING
6 ONE THOUSAND OR MORE TRANSIT VEHICLES IN THE PEAK PERIOD.
7 "CLASS 2 TRANSIT ENTITY" SHALL MEAN AND INCLUDE A LOCAL
8 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY OPERATING
9 MORE THAN THREE HUNDRED BUT LESS THAN ONE THOUSAND TRANSIT
10 VEHICLES IN THE PEAK PERIOD.
11 "CLASS 3 TRANSIT ENTITY" SHALL MEAN AND INCLUDE A LOCAL
12 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY OPERATING
13 THREE HUNDRED OR LESS FIXED ROUTE TRANSIT VEHICLES IN THE PEAK
14 PERIOD.
15 "CLASS 3A TRANSIT ENTITY" SHALL MEAN AND INCLUDE A LOCAL
16 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY OPERATING
17 MORE THAN TWENTY BUT NOT MORE THAN THREE HUNDRED TRANSIT
18 VEHICLES IN THE PEAK PERIOD.
19 "CLASS 3B TRANSIT ENTITY" SHALL MEAN AND INCLUDE A LOCAL
20 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY OPERATING
21 TWENTY OR LESS TRANSIT VEHICLES IN THE PEAK PERIOD.
22 * * *
23 SECTION 2. THE INTRODUCTORY PARAGRAPH AND SUBPARAGRAPH (III)
24 OF PARAGRAPH (2) AND PARAGRAPH (3) OF SECTION 203 OF THE ACT,
25 ADDED JULY 10, 1980 (P.L.427, NO.101), ARE AMENDED TO READ:
26 SECTION 203. PROGRAM AUTHORIZATIONS.--THE DEPARTMENT IS
27 HEREBY AUTHORIZED, WITHIN THE LIMITATIONS HEREINAFTER PROVIDED
28 AND IS REQUIRED WHERE THE PROVISIONS OF SECTION 204 APPLY:
29 * * *
30 (2) TO MAKE [PROJECT] GRANTS TO MUNICIPALITIES, COUNTIES, OR
19850H0084B4159 - 3 -
1 THEIR INSTRUMENTALITIES, AND TO AGENCIES AND INSTRUMENTALITIES
2 OF THE COMMONWEALTH TO SUPPLEMENT FEDERAL OR LOCAL OR FEDERAL
3 AND LOCAL FUNDS FOR USE:
4 * * *
5 [(III) TO ASSIST IN FINANCING PURCHASE OF SERVICE PROJECTS
6 DESIGNED TO CONTINUE NECESSARY SERVICE TO THE PUBLIC, TO PERMIT
7 NEEDED IMPROVEMENTS IN SERVICE WHICH ARE NOT SELF-SUPPORTING,
8 AND TO PERMIT SERVICE WHICH MAY BE SOCIALLY DESIRABLE BUT
9 ECONOMICALLY UNJUSTIFIED. EACH PROJECT AND PROJECT GRANT SHALL
10 BE SUBJECT TO AN ANNUAL REVIEW AND RENEWAL. STATE FUNDING UNDER
11 THIS SUBPARAGRAPH SHALL NOT EXCEED THREE-FOURTHS OF THE NON-
12 FEDERAL SHARE OF PROJECT COSTS AS DEFINED BY THE DEPARTMENT
13 WHICH CANNOT, AS DETERMINED BY THE DEPARTMENT, REASONABLY BE
14 FINANCED FROM REVENUES. LOCAL OR PRIVATE FUNDING SHALL EQUAL AT
15 LEAST ONE-FOURTH OF THE NON-FEDERAL SHARE OF THE PROJECT
16 DEFICIT, AS DEFINED BY THE DEPARTMENT. THE METHODOLOGY FOR
17 CALCULATING THE ELIGIBLE DEFICIT OF APPLICANTS UNDER THIS
18 SUBPARAGRAPH SHALL BE DETERMINED IN ACCORDANCE WITH SECTION 204.
19 EACH PURCHASE OF SERVICE PROJECT GRANT SHALL BE BASED ON A
20 PROGRAM OR PLAN APPROVED BY THE DEPARTMENT AND DETERMINED BY THE
21 DEPARTMENT TO BE IN THE PUBLIC INTEREST AND TO BE IN FURTHERANCE
22 OF A COORDINATED MASS TRANSPORTATION PLAN FOR THE AREA. NO STATE
23 GRANT SHALL BE MADE FOR A PARTICULAR PURCHASE OF SERVICE PROJECT
24 THAT THE DEPARTMENT DETERMINES WILL INVOLVE UNNECESSARY AND
25 UNFAIR COMPETITION AND NO STATE GRANT SHALL BE MADE FOR A
26 PARTICULAR PURCHASE OF SERVICE PROJECT UNLESS THE DEPARTMENT
27 DETERMINES AND FINDS FOR SAID PROJECT THAT:
28 (A) THE PURCHASE OF THE SERVICE PROJECT IS NECESSARY;
29 (B) THE MASS TRANSPORTATION CARRIER IS TAKING OR WILL TAKE
30 CONTINUING ACTION TO IMPROVE THE SERVICE AND HOLD LOSSES TO A
19850H0084B4159 - 4 -
1 MINIMUM.]
2 (III) TO ASSIST BY PROVIDING GRANTS TO CONTINUE NECESSARY
3 SERVICE TO THE PUBLIC, TO PERMIT NEEDED IMPROVEMENTS IN SERVICE
4 WHICH IS NOT SELF-SUPPORTING, TO PERMIT SERVICE WHICH MAY BE
5 SOCIALLY DESIRABLE BUT ECONOMICALLY UNJUSTIFIED AND OTHERWISE
6 FOR ANY PURPOSE IN FURTHERANCE OF URBAN COMMON CARRIER MASS
7 TRANSPORTATION. THE METHODOLOGY FOR CALCULATING THE AMOUNT OF
8 THE GRANT UNDER THIS SUBPARAGRAPH SHALL BE DETERMINED IN
9 ACCORDANCE WITH SECTION 204. EACH GRANT TO A CLASS 1 TRANSIT
10 ENTITY, TO A CLASS 2 TRANSIT ENTITY OR TO A CLASS 3 TRANSIT
11 ENTITY MADE PURSUANT TO THIS PARAGRAPH SHALL BE MATCHED BY LOCAL
12 OR PRIVATE FUNDING IN AN AMOUNT NOT LESS THAN ONE-THIRD OF THE
13 TOTAL STATE GRANT MADE PURSUANT TO SECTION 204(B): PROVIDED,
14 HOWEVER, THAT ANY GRANTS TO CLASS 3 TRANSIT ENTITIES MAY BE
15 MATCHED BY AN AMOUNT NOT LESS THAN THE AMOUNT OF LOCAL OR
16 PRIVATE FUNDING FURNISHED IN THE 1985-1986 FISCAL YEAR IF THE
17 DEPARTMENT SHALL HAVE RECEIVED A CERTIFICATION FROM SUCH CLASS 3
18 TRANSIT ENTITY THAT SUCH LOWER LEVEL OF LOCAL OR PRIVATE FUNDING
19 IS ADEQUATE TO PREVENT SIGNIFICANT SERVICE REDUCTIONS OR
20 PASSENGER FARE INCREASES.
21 (3) [TO MAKE PROJECT GRANTS TO ANY TRANSPORTATION COMPANY OR
22 COMPANIES TO SUPPLEMENT FEDERAL, PRIVATE OR LOCAL OR FEDERAL AND
23 PRIVATE OR LOCAL FUNDS FOR USE IN FINANCING PURCHASE OF SERVICE
24 PROJECTS DESIGNED TO CONTINUE NECESSARY SERVICE TO THE PUBLIC,
25 TO PERMIT NEEDED IMPROVEMENTS IN SERVICES WHICH ARE NOT SELF-
26 SUPPORTING, AND TO PERMIT SERVICES WHICH MAY BE SOCIALLY
27 DESIRABLE BUT ECONOMICALLY UNJUSTIFIED.] TO MAKE GRANTS TO ANY
28 TRANSPORTATION COMPANY OR COMPANIES FOR USE IN PROVIDING
29 NECESSARY SERVICE TO THE PUBLIC, TO PERMIT NEEDED IMPROVEMENTS
30 IN SERVICES WHICH ARE NOT SELF-SUPPORTING, TO PERMIT SERVICES
19850H0084B4159 - 5 -
1 WHICH MAY BE SOCIALLY DESIRABLE BUT ECONOMICALLY UNJUSTIFIED,
2 AND OTHERWISE FOR ANY PURPOSE IN FURTHERANCE OF URBAN COMMON
3 CARRIER MASS TRANSPORTATION. IN VIEW OF THE PARTICULAR
4 SENSITIVITY OF SPECIAL INSTRUMENTALITIES AND AGENCIES OF THE
5 COMMONWEALTH CREATED TO SERVE OR COORDINATE THE LOCAL
6 TRANSPORTATION NEEDS OF SUBSTANTIAL METROPOLITAN AREAS, NO
7 [PROJECT FOR USE] GRANT MONEYS MAY BE USED EXCLUSIVELY OR
8 PRINCIPALLY IN THE LOCAL SERVICE AREA OF ANY SUCH AGENCY OR
9 INSTRUMENTALITY IN WHICH A CITY OR COUNTY OF THE FIRST OR SECOND
10 CLASS HAS MEMBERSHIP, [SHALL RECEIVE A PROJECT GRANT] EXCEPT IN
11 ACCORDANCE WITH A SYSTEM OF PRIORITIES AGREED UPON BY THE
12 DEPARTMENT AND SUCH AGENCY OR INSTRUMENTALITY. IN THE CASE OF [A
13 PROJECT GRANT FOR A PROJECT TO BE OPERATED] A GRANT WHERE THE
14 MONEYS GRANTED WILL BE USED FOR AN ACTIVITY TO BE CONDUCTED
15 EXCLUSIVELY OR PRINCIPALLY WITHIN THE LOCAL SERVICE AREAS OF
16 SUCH AGENCY OR INSTRUMENTALITY NO [PROJECT GRANT SHALL BE MADE]
17 GRANT MONEYS MAY BE USED EXCEPT IN ACCORDANCE WITH AGREEMENTS BY
18 THE DEPARTMENT AND SUCH AGENCY OR INSTRUMENTALITY WITH RESPECT
19 TO SUCH USE. IN THE CASE OF A [PROJECT] GRANT NOT FALLING WITHIN
20 THE SCOPE OF THE PRECEDING SENTENCE BUT [COVERING USE] WHERE
21 MONEYS GRANTED WILL BE USED BOTH WITHIN AND WITHOUT THE LOCAL
22 SERVICE AREA OF SUCH AGENCY OR INSTRUMENTALITY, THE [PROJECT]
23 GRANT SHALL REQUIRE THAT THE ROUTES, SCHEDULES, AND FARES
24 APPLICABLE ONLY WITHIN SUCH SERVICE AREAS SHALL BE THOSE
25 MUTUALLY AGREED UPON BY THE DEPARTMENT AND SUCH AGENCY OR
26 INSTRUMENTALITY. NO AGREEMENT REFERRED TO IN THIS PARAGRAPH
27 SHALL IMPAIR, SUSPEND, REDUCE, ENLARGE OR EXTEND OR AFFECT IN
28 ANY MANNER THE POWERS OF THE PENNSYLVANIA PUBLIC UTILITY
29 COMMISSION OR THE INTERSTATE COMMERCE COMMISSION OTHERWISE
30 APPLICABLE BY LAW. [STATE FUNDING UNDER THIS PARAGRAPH SHALL NOT
19850H0084B4159 - 6 -
1 EXCEED THREE-FOURTHS OF THE NON-FEDERAL SHARE OF PROJECT COSTS
2 AS DEFINED BY THE DEPARTMENT WHICH CANNOT, AS DETERMINED BY THE
3 DEPARTMENT, REASONABLY BE FINANCED FROM REVENUES. LOCAL OR
4 PRIVATE FUNDING SHALL EQUAL AT LEAST ONE-FOURTH OF THE NON-
5 FEDERAL SHARE OF THE PROJECT DEFICIT, AS DEFINED BY THE
6 DEPARTMENT.] EACH GRANT TO A CLASS 1 TRANSIT ENTITY, TO A CLASS
7 2 TRANSIT ENTITY OR TO A CLASS 3 TRANSIT ENTITY MADE PURSUANT TO
8 THIS PARAGRAPH SHALL BE MATCHED BY LOCAL OR PRIVATE FUNDING IN
9 AN AMOUNT NOT LESS THAN ONE-THIRD OF THE TOTAL STATE GRANT MADE
10 PURSUANT TO SECTION 204(B): PROVIDED, HOWEVER, THAT ANY GRANTS
11 TO CLASS 3 TRANSIT ENTITIES MAY BE MATCHED BY AN AMOUNT NOT LESS
12 THAN THE AMOUNT OF LOCAL OR PRIVATE FUNDING FURNISHED IN THE
13 1985-1986 FISCAL YEAR IF THE DEPARTMENT SHALL HAVE RECEIVED A
14 CERTIFICATION FROM SUCH CLASS 3 TRANSIT ENTITY THAT SUCH LOWER
15 LEVEL OF LOCAL OR PRIVATE FUNDING IS ADEQUATE TO PREVENT
16 SIGNIFICANT SERVICE REDUCTIONS OR PASSENGER FARE INCREASES. THE
17 METHODOLOGY FOR CALCULATING THE ELIGIBLE DEFICIT OF APPLICANTS
18 UNDER THIS PARAGRAPH SHALL BE DETERMINED IN ACCORDANCE WITH
19 SECTION 204. EACH PURCHASE OF SERVICE PROJECT GRANT SHALL BE
20 BASED UPON A PROGRAM OR PLAN APPROVED BY THE DEPARTMENT AND
21 DETERMINED BY THE DEPARTMENT TO BE IN THE PUBLIC INTEREST, TO BE
22 IN FURTHERANCE OF A COORDINATED MASS TRANSPORTATION PLAN FOR THE
23 AREA, AND NOT TO INVOLVE UNNECESSARY AND UNFAIR COMPETITION. NO
24 STATE GRANT SHALL BE MADE FOR A PARTICULAR PURCHASE OF SERVICE
25 PROJECT UNLESS THE DEPARTMENT DETERMINES AND FINDS FOR SAID
26 PROJECT THAT:
27 (I) THE PURCHASE OF SERVICE PROJECT IS NECESSARY IN THE
28 PUBLIC INTEREST; AND
29 (II) THE MASS TRANSPORTATION CARRIER IS TAKING OR WILL TAKE
30 CONTINUING ACTION TO IMPROVE THE SERVICE AND HOLD LOSSES TO A
19850H0084B4159 - 7 -
1 MINIMUM.
2 * * *
3 SECTION 3. SECTION 204 OF THE ACT, AMENDED MAY 1, 1984
4 (P.L.226, NO.49), IS AMENDED TO READ:
5 SECTION 204. ANNUAL APPROPRIATION, COMPUTATION OF SUBSIDY.--
6 (A) THE COMMONWEALTH SHALL ANNUALLY DETERMINE THE LEVEL OF
7 APPROPRIATION FOR URBAN COMMON CARRIER MASS TRANSPORTATION
8 ASSISTANCE, USING THE STANDARDS CONTAINED IN THIS SECTION, TO
9 SUFFICIENTLY FUND AND TO MAKE FULLY OPERATIVE SECTION
10 203(2)(III) AND (3).
11 [(B) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE TO THE
12 DEPARTMENT FOR DISTRIBUTION AN AMOUNT BASED UPON THE INDIVIDUAL
13 PROJECTED SUBSIDIES OF THE LOCAL TRANSPORTATION ORGANIZATIONS OR
14 TRANSPORTATION COMPANIES PARTICIPATING IN THE PROGRAM. EACH
15 LOCAL TRANSPORTATION ORGANIZATION AND TRANSPORTATION COMPANY
16 SHALL BE ENTITLED TO RECEIVE A STATE SUBSIDY OF AT LEAST TWO-
17 THIRDS BUT NOT MORE THAN THREE-QUARTERS OF ITS CONSTRAINED
18 DEFICIT: PROVIDED, HOWEVER, THAT IF AMOUNT OF MONEYS ACTUALLY
19 APPROPRIATED BY THE GENERAL ASSEMBLY IS GREATER OR LESSER THAN
20 THE LUMP SUM APPROPRIATION REQUEST, THE INDIVIDUAL CALCULATED
21 GRANTS SHALL BE PRORATED AMONG ALL RECIPIENTS IN ACCORDANCE WITH
22 THE PROVISIONS OF THIS ARTICLE USING A RATIO DETERMINED BY
23 APPLYING THE ACTUAL LUMP SUM APPROPRIATION TO THE LUMP SUM
24 APPROPRIATION REQUEST.
25 (C) THE CONSTRAINED DEFICIT SHALL BE AN AMOUNT EQUAL TO
26 ELIGIBLE OPERATING COSTS REDUCED BY ASSUMED REVENUES AND FEDERAL
27 OPERATING SUBSIDIES. FOR PURPOSES OF THIS SUBSECTION:
28 (1) ELIGIBLE OPERATING COSTS FOR THE BUDGET YEAR SHALL NOT
29 EXCEED THE PRIOR YEAR'S OPERATING COSTS FOR THE SAME LEVEL OF
30 SERVICE INCREASED BY A PERCENTAGE EQUAL TO THE PERCENTAGE
19850H0084B4159 - 8 -
1 INCREASE IN OPERATING COSTS FOR ALL LOCAL TRANSPORTATION
2 ORGANIZATIONS AND TRANSPORTATION COMPANIES FOR THE MOST RECENTLY
3 COMPLETED STATE FISCAL YEAR AS COMPARED TO THE FISCAL YEAR
4 IMMEDIATELY PRECEDING SUCH YEAR PLUS FIFTEEN PERCENT OF SUCH
5 INCREASE.
6 (2) (I) ASSUMED REVENUES SHALL BE A PERCENTAGE OF ELIGIBLE
7 OPERATING COSTS AS DETERMINED BY REFERENCE TO THE FOLLOWING
8 TABLE:
9 FISCAL YEAR (A) (B) (C)
10 1980-81 48% 38%
11 1981-82 48% 38%
12 1983-84
13 AND THEREAFTER 48% 46% 34%
14 (II) COLUMN (A) IS TO BE USED FOR LOCAL TRANSPORTATION
15 ORGANIZATIONS OR TRANSPORTATION COMPANIES OPERATING MORE THAN
16 ONE THOUSAND TRANSIT VEHICLES IN THE PEAK PERIOD, COLUMN (B) IS
17 TO BE USED FOR TRANSPORTATION ORGANIZATIONS AND COMPANIES
18 OPERATING BETWEEN TWENTY-ONE AND NINE HUNDRED AND NINETY-NINE
19 VEHICLES IN THE PEAK PERIOD AND COLUMN (C) IS TO BE USED FOR
20 LOCAL TRANSPORTATION ORGANIZATIONS OR TRANSPORTATION COMPANIES
21 OPERATING TWENTY OR FEWER TRANSIT VEHICLES IN THE PEAK PERIOD.
22 (III) IN ANY CASE WHERE A LOCAL TRANSPORTATION ORGANIZATION
23 OR TRANSPORTATION COMPANY INCREASES OR DECREASES THE NUMBER OF
24 TRANSIT VEHICLES OPERATING DURING THE PEAK PERIOD SO AS TO MOVE
25 TO OR FROM COLUMN (A), (B) OR (C), THE DEPARTMENT MAY MAKE
26 APPROPRIATE ADJUSTMENTS REGARDING ASSUMED REVENUES DURING A
27 REASONABLE PERIOD FOLLOWING SUCH INCREASE OR DECREASE.
28 (3) FEDERAL OPERATING SUBSIDIES SHALL MEAN THE TOTAL
29 OPERATING ASSISTANCE FUNDS IN THE BUDGET YEAR WHICH THE ELIGIBLE
30 GRANTEE ACTUALLY RECEIVES UNDER THE FEDERAL URBAN MASS
19850H0084B4159 - 9 -
1 TRANSPORTATION ACT OF 1964, PUBLIC LAW 88-365 (49 U.S.C. § 1601,
2 ET SEQ.) OR ANY OTHER FEDERAL LAW.
3 (D) THE BASIC SUBSIDY FOR WHICH EACH LOCAL TRANSPORTATION
4 ORGANIZATION OR TRANSPORTATION COMPANY SHALL BE ENTITLED SHALL
5 BE EQUAL TO SIXTY-SIX AND TWO-THIRDS PERCENT OF ITS CONSTRAINED
6 DEFICIT.
7 (E) EACH LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION
8 COMPANY SHALL RECEIVE, IN ADDITION TO THE BASIC SUBSIDY, AN
9 INCENTIVE GRANT SUBSIDY OF UP TO EIGHT AND ONE-THIRD PERCENT OF
10 ITS CONSTRAINED DEFICIT BASED UPON A FINDING THAT THE LOCAL
11 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY FOR THE
12 MOST RECENTLY COMPLETED STATE FISCAL YEAR AS COMPARED TO THE
13 FISCAL YEAR IMMEDIATELY PRECEDING SUCH YEAR HAS MET OR EXCEEDED
14 THE FOLLOWING PERFORMANCE FACTORS. EACH FACTOR WHICH A LOCAL
15 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY MEETS
16 SHALL RESULT IN AN ADDITIONAL INCREASE IN STATE FUNDING OF ITS
17 CONSTRAINED DEFICIT. THE FACTORS TO BE CONSIDERED BY THE
18 DEPARTMENT IN AWARDING INCENTIVE GRANT SUBSIDIES ARE AS FOLLOWS:
19 (1) NO DECREASE IN THE SYSTEM'S REVENUE/COST RATIO FROM THE
20 PREVIOUS FISCAL YEAR.
21 (2) HIGHER RIDERSHIP PER VEHICLE HOUR IN THE SYSTEM THAN IN
22 THE PREVIOUS FISCAL YEAR.
23 (3) HIGHER OPERATING REVENUE PER VEHICLE HOUR IN THE SYSTEM
24 THAN IN PREVIOUS FISCAL YEAR.
25 (4) LOWER OPERATING COSTS PER VEHICLE HOUR IN THE SYSTEM
26 (ADJUSTED FOR INFLATION) THAN IN THE PREVIOUS FISCAL YEAR.
27 (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO
28 LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY
29 SHALL BE ENTITLED TO RECEIVE AN AMOUNT WITH RESPECT TO ANY
30 FISCAL YEAR GREATER THAN SEVENTY-FIVE PERCENT OF ITS ACTUAL
19850H0084B4159 - 10 -
1 OPERATING COSTS LESS ACTUAL REVENUES, EXCLUDING EXCESS REVENUES
2 DETERMINED IN ACCORDANCE WITH SUBSECTION (G), AND FEDERAL
3 SUBSIDIES FOR THAT FISCAL YEAR.
4 (G) A LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION
5 COMPANY MAY UTILIZE REVENUES WHICH THE DEPARTMENT DETERMINES TO
6 BE IN EXCESS OF ASSUMED REVENUES FOR ANY PURPOSE IN FURTHERANCE
7 OF URBAN COMMON CARRIER MASS TRANSPORTATION IN ITS SERVICE AREAS
8 EXCEPT THAT SUCH EXCESS REVENUES MAY NOT BE USED TO REDUCE LOCAL
9 MATCHING FUNDS FOR ANY STATE OPERATING GRANT. ALL EXCESS
10 REVENUES EXCEEDING TWELVE PERCENT OF ACTUAL REVENUES SHALL BE
11 USED TO REDUCE OPERATING DEFICITS FOR GRANT DETERMINATIONS BY
12 THE DEPARTMENT. EXPENSES WHICH ARE INELIGIBLE FOR REIMBURSEMENT
13 BY THE DEPARTMENT UNDER SECTIONS 203(2)(III) AND 204, INCLUDING
14 DEBT SERVICE, RENEWAL AND REPLACEMENT AND VEHICLE OVERHAUL, MAY
15 BE FUNDED BY TRANSPORTATION COMPANIES OR LOCAL TRANSPORTATION
16 ORGANIZATIONS THROUGH EXCESS REVENUES.
17 (H) A LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION
18 COMPANY MAY AT ITS OPTION SUBMIT AN APPLICATION FOR PROJECT
19 GRANTS COVERING MODES OR OPERATING SUBSIDIARIES ON AN INDIVIDUAL
20 BASIS OR ON A COLLECTIVE BASIS.
21 (I) EACH RECIPIENT OF FUNDS UNDER THIS SECTION SHALL SUBMIT
22 TO THE DEPARTMENT BETWEEN AUGUST 15 AND SEPTEMBER 15 OF EACH
23 CALENDAR YEAR A PROPOSED BUDGET FOR THE BUDGET YEAR BEGINNING
24 JULY 1 TOGETHER WITH BUDGET PROJECTIONS FOR FOUR SUCCEEDING
25 BUDGET YEARS. BUDGET PROPOSALS, BASED UPON INFORMATION SUBMITTED
26 BY INDIVIDUAL RECIPIENTS, SHALL APPEAR AS LINE ITEMS IN THE
27 DEPARTMENT'S BUDGET REQUEST, SUBJECT TO THE PROVISIONS OF
28 SUBSECTION (B): PROVIDED, HOWEVER, THAT THE DEPARTMENT BUDGET
29 REQUEST FOR FUNDS UNDER THIS SECTION SHALL BE MADE AS A LUMP SUM
30 APPROPRIATION REQUEST WHICH SHALL BE THE TOTAL OF SUCH LINE
19850H0084B4159 - 11 -
1 ITEMS.
2 (J) LOCAL TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION
3 COMPANIES SHALL BE PREPARED TO APPEAR INDIVIDUALLY BEFORE THE
4 APPROPRIATION COMMITTEES OF THE SENATE AND THE HOUSE OF
5 REPRESENTATIVES TO JUSTIFY BUDGET REQUESTS.]
6 (B) THE GENERAL ASSEMBLY SHALL ANNUALLY MAKE AN
7 APPROPRIATION TO THE DEPARTMENT FOR DISTRIBUTION AS GRANTS TO
8 LOCAL TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES.
9 THE TOTAL AMOUNT OF MONEYS APPROPRIATED SHALL BE DISTRIBUTED BY
10 THE DEPARTMENT AS GRANTS TO LOCAL TRANSPORTATION ORGANIZATIONS
11 AND TRANSPORTATION COMPANIES IN ACCORDANCE WITH THE PROVISIONS
12 OF THIS SECTION.
13 (C) THE DEPARTMENT SHALL DISTRIBUTE THE TOTAL AMOUNT
14 APPROPRIATED UNDER SUBSECTION (B) IN THE FOLLOWING MANNER:
15 (1) THE DEPARTMENT SHALL CALCULATE THE CLASS 1 PERCENTAGE,
16 THE CLASS 2 PERCENTAGE AND THE CLASS 3 PERCENTAGE. IN MAKING ITS
17 CALCULATIONS, THE DEPARTMENT SHALL CALCULATE EACH CATEGORY
18 (HISTORICAL PERCENTAGE, REVENUE PERCENTAGE AND OPERATING REVENUE
19 PERCENTAGE) TO FOUR DECIMAL PLACES AND THEN ROUND THE FINAL
20 DETERMINATION OF THE CLASS 1 PERCENTAGE, THE CLASS 2 PERCENTAGE
21 AND THE CLASS 3 PERCENTAGE TO ONE DECIMAL PLACE. ONCE CALCULATED
22 FOR THE 1986-1987 FISCAL YEAR, THESE PERCENTAGES SHALL NOT VARY
23 FROM YEAR TO YEAR.
24 (2) THE DEPARTMENT SHALL THEN CALCULATE THE CLASS 1 TRANSIT
25 ENTITY SHARE, THE CLASS 2 TRANSIT ENTITY SHARE AND THE CLASS 3
26 TRANSIT ENTITY SHARE FOR THAT FISCAL YEAR. FROM THE CLASS 3
27 TRANSIT ENTITY SHARE, THE DEPARTMENT SHALL CALCULATE THE CLASS
28 3A TRANSIT ENTITY SHARE AND THE CLASS 3B TRANSIT ENTITY SHARE.
29 (3) THE DEPARTMENT SHALL THEN CALCULATE THE AMOUNT OF GRANT
30 DUE TO EACH LOCAL TRANSPORTATION ORGANIZATION AND TRANSPORTATION
19850H0084B4159 - 12 -
1 COMPANY AS FOLLOWS:
2 (I) EACH CLASS 1 TRANSIT ENTITY SHALL RECEIVE A PRO RATA
3 SHARE OF THE CLASS 1 TRANSIT ENTITY SHARE. IF THERE IS ONLY ONE
4 CLASS 1 TRANSIT ENTITY, IT SHALL RECEIVE THE ENTIRE CLASS 1
5 TRANSIT ENTITY SHARE.
6 (II) EACH CLASS 2 TRANSIT ENTITY SHALL RECEIVE A PRO RATA
7 SHARE OF THE CLASS 2 TRANSIT ENTITY SHARE. IF THERE IS ONLY ONE
8 CLASS 2 TRANSIT ENTITY, IT SHALL RECEIVE THE ENTIRE CLASS 2
9 TRANSIT ENTITY SHARE.
10 (III) EACH CLASS 3A TRANSIT ENTITY SHALL RECEIVE A PORTION
11 OF THE CLASS 3A TRANSIT ENTITY SHARE CALCULATED AS FOLLOWS:
12 (A) FROM THE CLASS 3A TRANSIT ENTITY SHARE, EACH CLASS 3A
13 TRANSIT ENTITY SHALL FIRST RECEIVE AN AMOUNT EQUAL TO ONE
14 HUNDRED PERCENT OF ITS ADJUSTED BASE GRANT.
15 (B) WITH RESPECT TO ANY PORTION OF THE CLASS 3A TRANSIT
16 ENTITY SHARE REMAINING AFTER EACH CLASS 3A TRANSIT ENTITY
17 RECEIVES AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF ITS ADJUSTED
18 BASE GRANT:
19 (I) FIFTY PERCENT OF SUCH EXCESS SHALL BE DISTRIBUTED TO
20 CLASS 3A TRANSIT ENTITIES BASED UPON THE PERCENTAGE OF ALL
21 ADJUSTED BASE GRANTS GIVEN TO CLASS 3A TRANSIT ENTITIES WHICH A
22 PARTICULAR CLASS 3A TRANSIT ENTITY RECEIVED.
23 (II) TWENTY-FIVE PERCENT OF SUCH EXCESS SHALL BE DISTRIBUTED
24 TO CLASS 3A TRANSIT ENTITIES BASED UPON EACH TRANSIT ENTITY'S
25 CLASS 3A VEHICLE MILE PERCENTAGE. THE ACTUAL AMOUNT RECEIVED BY
26 EACH CLASS 3A TRANSIT ENTITY UNDER THIS CLAUSE SHALL BE
27 DETERMINED BY MULTIPLYING A PARTICULAR CLASS 3A TRANSIT ENTITY'S
28 CLASS 3A VEHICLE MILE PERCENTAGE TIMES TWENTY-FIVE PERCENT OF
29 SUCH EXCESS OF THE CLASS 3A TRANSIT ENTITY SHARE.
30 (III) TWENTY-FIVE PERCENT OF SUCH EXCESS SHALL BE
19850H0084B4159 - 13 -
1 DISTRIBUTED TO CLASS 3A TRANSIT ENTITIES BASED UPON EACH CLASS
2 3A TRANSIT ENTITY'S CLASS 3A OPERATING REVENUE PERCENTAGE. THE
3 ACTUAL AMOUNT RECEIVED BY EACH CLASS 3A TRANSIT ENTITY UNDER
4 THIS CLAUSE SHALL BE DETERMINED BY MULTIPLYING A PARTICULAR
5 CLASS 3A TRANSIT ENTITY'S CLASS 3A OPERATING REVENUE PERCENTAGE
6 TIMES TWENTY-FIVE PERCENT OF SUCH EXCESS OF THE CLASS 3A TRANSIT
7 ENTITY SHARE.
8 (IV) EACH CLASS 3B TRANSIT ENTITY SHALL RECEIVE A PORTION OF
9 THE CLASS 3B TRANSIT ENTITY SHARE CALCULATED AS FOLLOWS:
10 (A) FROM THE CLASS 3B TRANSIT ENTITY SHARE, EACH CLASS 3B
11 TRANSIT ENTITY SHALL FIRST RECEIVE AN AMOUNT EQUAL TO ONE
12 HUNDRED PERCENT OF ITS ADJUSTED BASE GRANT.
13 (B) WITH RESPECT TO ANY PORTION OF THE CLASS 3B TRANSIT
14 ENTITY SHARE REMAINING AFTER EACH CLASS 3B TRANSIT ENTITY
15 RECEIVES AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF ITS ADJUSTED
16 BASE GRANT:
17 (I) FIFTY PERCENT OF SUCH EXCESS SHALL BE DISTRIBUTED TO
18 CLASS 3B TRANSIT ENTITIES BASED UPON THE PERCENTAGE OF ALL
19 ADJUSTED BASE GRANTS GIVEN TO CLASS 3B TRANSIT ENTITIES WHICH A
20 PARTICULAR CLASS 3B TRANSIT ENTITY RECEIVED.
21 (II) TWENTY-FIVE PERCENT OF SUCH EXCESS SHALL BE DISTRIBUTED
22 TO CLASS 3B TRANSIT ENTITIES BASED UPON EACH TRANSIT ENTITY'S
23 CLASS 3B VEHICLE MILE PERCENTAGE. THE ACTUAL AMOUNT RECEIVED BY
24 EACH CLASS 3B TRANSIT ENTITY UNDER THIS CLAUSE SHALL BE
25 DETERMINED BY MULTIPLYING A PARTICULAR CLASS 3B TRANSIT ENTITY'S
26 CLASS 3B VEHICLE MILE PERCENTAGE TIMES TWENTY-FIVE PERCENT OF
27 SUCH EXCESS OF THE CLASS 3B TRANSIT ENTITY SHARE.
28 (III) TWENTY-FIVE PERCENT OF SUCH EXCESS SHALL BE
29 DISTRIBUTED TO CLASS 3B TRANSIT ENTITIES BASED UPON EACH CLASS
30 3B TRANSIT ENTITY'S CLASS 3B OPERATING REVENUE PERCENTAGE. THE
19850H0084B4159 - 14 -
1 ACTUAL AMOUNT RECEIVED BY EACH CLASS 3B TRANSIT ENTITY UNDER
2 THIS CLAUSE SHALL BE DETERMINED BY MULTIPLYING A PARTICULAR
3 CLASS 3B TRANSIT ENTITY'S CLASS 3B OPERATING REVENUE PERCENTAGE
4 TIMES TWENTY-FIVE PERCENT OF SUCH EXCESS OF THE CLASS 3B TRANSIT
5 ENTITY SHARE.
6 (V) IN ANY CASE WHERE A LOCAL TRANSPORTATION ORGANIZATION OR
7 TRANSPORTATION COMPANY INCREASES OR DECREASES THE NUMBER OF
8 TRANSIT VEHICLES OPERATING DURING THE PEAK PERIOD SO AS TO MOVE
9 FROM BEING A CLASS 3B TRANSIT ENTITY TO BEING A CLASS 3A TRANSIT
10 ENTITY, THE DEPARTMENT SHALL MAKE APPROPRIATE ADJUSTMENTS
11 REGARDING THE AMOUNT OF GRANT WHICH SUCH LOCAL TRANSPORTATION
12 ORGANIZATION OR TRANSPORTATION COMPANY SHALL RECEIVE.
13 (D) ON OR BEFORE APRIL 1 OF EACH CALENDAR YEAR, THE
14 DEPARTMENT SHALL PUBLISH THE PENNSYLVANIA MASS TRANSIT REPORT
15 WHICH SHALL INCLUDE A SUMMARY OF FINANCIAL AND OPERATING DATA
16 CONCERNING LOCAL TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION
17 COMPANIES IN SUBSTANTIALLY THE FORM AND CONTAINING AT A MINIMUM
18 SUBSTANTIALLY THE SAME FINANCIAL AND STATISTICAL DATA AS HAS
19 BEEN PUBLISHED BY THE DEPARTMENT IN SUCH A PUBLICATION SINCE THE
20 1973-1974 FISCAL YEAR.
21 (E) SHOULD A NEW LOCAL TRANSPORTATION ORGANIZATION OR
22 TRANSPORTATION COMPANY BE ESTABLISHED, THE DEPARTMENT SHALL MAKE
23 AN APPROPRIATE DETERMINATION AS TO LEVEL OF GRANT TO WHICH SUCH
24 LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY
25 SHALL BE ENTITLED. SUCH DETERMINATION SHALL INCLUDE, BUT SHALL
26 NOT BE LIMITED TO, A DETERMINATION AS TO AN APPROPRIATE ADJUSTED
27 BASE GRANT FOR THAT LOCAL TRANSPORTATION ORGANIZATION OR
28 TRANSPORTATION COMPANY.
29 (F) IN THE EVENT THAT SIGNIFICANT CHANGES OCCUR IN LEVELS OF
30 FEDERAL FUNDING AMONG CLASS 1 TRANSIT ENTITIES, CLASS 2 TRANSIT
19850H0084B4159 - 15 -
1 ENTITIES AND CLASS 3 TRANSIT ENTITIES, THE GENERAL ASSEMBLY
2 SHALL IMMEDIATELY REVIEW THE FUNDING MECHANISM SET FORTH IN THIS
3 SECTION AND MAKE ANY CHANGES WHICH IN THE JUDGMENT OF THE
4 GENERAL ASSEMBLY ARE NECESSARY AND APPROPRIATE IN LIGHT OF THE
5 CHANGED CIRCUMSTANCES.
6 (G) AS USED IN THIS SECTION THE FOLLOWING WORDS AND PHRASES
7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
8 "ADJUSTED BASE GRANT" SHALL MEAN THE STATE SUBSIDY A CLASS 3
9 TRANSIT ENTITY RECEIVED DURING THE 1985-1986 FISCAL YEAR
10 ADJUSTED TO REFLECT THE AMOUNT OF STATE SUBSIDY CERTAIN CLASS 3
11 TRANSIT ENTITIES WOULD HAVE RECEIVED IN THAT FISCAL YEAR BUT FOR
12 RECEIPT OF A ONE-TIME FEDERAL GRANT DURING THE 1985-1986 FISCAL
13 YEAR AND ALSO ADJUSTED FOR OTHER FACTORS WHICH, IN THE JUDGMENT
14 OF THE DEPARTMENT, CAUSED SIGNIFICANT DECREASES IN THE AMOUNT OF
15 THE STATE SUBSIDY TO SUCH CLASS 3 TRANSIT ENTITY DURING THE
16 1985-1986 FISCAL YEAR.
17 "CLASS 1 PERCENTAGE" SHALL BE THE SUM OF FIFTY PERCENT OF THE
18 HISTORICAL PERCENTAGE FOR CLASS 1 TRANSIT ENTITIES; PLUS FIFTY
19 PERCENT OF THE REVENUE PASSENGER PERCENTAGE FOR CLASS 1 TRANSIT
20 ENTITIES.
21 "CLASS 2 PERCENTAGE" SHALL BE THE SUM OF EIGHTY PERCENT OF
22 THE HISTORICAL PERCENTAGE FOR CLASS 2 TRANSIT ENTITIES; PLUS TEN
23 PERCENT OF THE REVENUE PASSENGER PERCENTAGE FOR CLASS 2 TRANSIT
24 ENTITIES; PLUS TEN PERCENT OF THE OPERATING REVENUE PERCENTAGE
25 FOR CLASS 2 TRANSIT ENTITIES FOR THE 1984-1985 FISCAL YEAR AS
26 REPORTED IN THE PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT FOR
27 THE 1984-1985 FISCAL YEAR.
28 "CLASS 3 PERCENTAGE" SHALL BE EQUAL TO ONE HUNDRED PERCENT
29 MINUS THE SUM OF THE CLASS 1 PERCENTAGE PLUS THE CLASS 2
30 PERCENTAGE.
19850H0084B4159 - 16 -
1 "CLASS 1 TRANSIT ENTITY SHARE" SHALL BE THE PRODUCT OF THE
2 CLASS 1 PERCENTAGE TIMES THE TOTAL AMOUNT APPROPRIATED UNDER
3 SUBSECTION (B) IN A PARTICULAR FISCAL YEAR.
4 "CLASS 2 TRANSIT ENTITY SHARE" SHALL BE THE PRODUCT OF THE
5 CLASS 2 PERCENTAGE TIMES THE TOTAL AMOUNT APPROPRIATED UNDER
6 SUBSECTION (B) IN A PARTICULAR FISCAL YEAR.
7 "CLASS 3 TRANSIT ENTITY SHARE" SHALL BE THE PRODUCT OF THE
8 CLASS 3 PERCENTAGE TIMES THE TOTAL AMOUNT APPROPRIATED UNDER
9 SUBSECTION (B) IN A PARTICULAR FISCAL YEAR.
10 "CLASS 3A TRANSIT ENTITY SHARE" SHALL BE SIXTY AND SIXTY-NINE
11 ONE HUNDREDTHS PERCENT OF THE TOTAL CLASS 3 TRANSIT ENTITY
12 SHARE.
13 "CLASS 3B TRANSIT ENTITY SHARE" SHALL BE THIRTY-NINE AND
14 THIRTY-ONE ONE HUNDREDTHS PERCENT OF THE TOTAL CLASS 3 TRANSIT
15 ENTITY SHARE.
16 "HISTORICAL PERCENTAGE" SHALL MEAN THE AVERAGE PERCENTAGE OF
17 THE TOTAL AMOUNT OF STATE SUBSIDIES RECEIVED BY A LOCAL
18 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY FOR THE
19 1982-1983, 1983-1984, 1984-1985 AND 1985-1986 FISCAL YEARS. FOR
20 FISCAL YEARS 1982-1983, 1983-1984 AND 1984-1985, THE PERCENTAGE
21 OF STATE SUBSIDIES RECEIVED BY A LOCAL TRANSPORTATION
22 ORGANIZATION OR TRANSPORTATION COMPANY SHALL BE DETERMINED FROM
23 THE TABLE LABELED "GOVERNMENT SUBSIDIES" CONTAINED IN THE
24 PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT FOR THE APPLICABLE
25 FISCAL YEAR. FOR THE 1982-1983 FISCAL YEAR, THE PERCENTAGE OF
26 STATE SUBSIDIES RECEIVED SHALL BE DETERMINED FROM THE 1983-1984
27 PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT. FOR THE 1983-1984
28 AND THE 1984-1985 FISCAL YEARS, THE PERCENTAGE OF STATE
29 SUBSIDIES RECEIVED SHALL BE DETERMINED FROM THE 1984-1985
30 PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT. THE PERCENTAGE OF
19850H0084B4159 - 17 -
1 STATE SUBSIDIES RECEIVED SHALL BE OBTAINED BY DIVIDING THE
2 AMOUNT OF STATE SUBSIDIES RECEIVED IN THAT FISCAL YEAR BY AN
3 INDIVIDUAL LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION
4 COMPANY BY THE TOTAL AMOUNT OF STATE SUBSIDIES RECEIVED IN THAT
5 FISCAL YEAR BY ALL LOCAL TRANSPORTATION ORGANIZATIONS AND
6 TRANSPORTATION COMPANIES. FOR THE 1985-1986 FISCAL YEAR, THE
7 PERCENTAGE OF STATE SUBSIDIES RECEIVED BY A LOCAL TRANSPORTATION
8 ORGANIZATION OR TRANSPORTATION COMPANY SHALL BE DETERMINED BASED
9 UPON THE TOTAL AMOUNT OF STATE SUBSIDIES AWARDED TO A LOCAL
10 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY DURING THE
11 1985-1986 FISCAL YEAR BY DIVIDING SUCH AMOUNT BY THE TOTAL
12 AMOUNT OF STATE SUBSIDIES AWARDED TO ALL LOCAL TRANSPORTATION
13 ORGANIZATIONS AND TRANSPORTATION COMPANIES IN THE 1985-1986
14 FISCAL YEAR.
15 "OPERATING REVENUE" SHALL MEAN THE TOTAL REVENUE EARNED BY A
16 LOCAL TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY
17 THROUGH ITS TRANSIT OPERATIONS, INCLUDING BUT NOT LIMITED TO,
18 PASSENGER REVENUE, SENIOR CITIZEN GRANT, CHARTER REVENUE, SCHOOL
19 CONTRACT REVENUE, ADVERTISING AND OTHER REVENUE AS REPORTED FOR
20 THE MOST RECENT YEAR IN THE MOST RECENTLY PUBLISHED PENNSYLVANIA
21 MASS TRANSIT STATISTICAL REPORT.
22 "OPERATING REVENUE PERCENTAGE" SHALL MEAN THE PERCENTAGE OF
23 OPERATING REVENUES A LOCAL TRANSPORTATION ORGANIZATION OR
24 TRANSPORTATION COMPANY HAS DURING A PARTICULAR FISCAL YEAR
25 COMPARED TO THE TOTAL OPERATING REVENUE OF ALL LOCAL
26 TRANSPORTATION ORGANIZATIONS OR TRANSPORTATION COMPANIES DURING
27 THAT FISCAL YEAR AS REPORTED IN THE PENNSYLVANIA MASS TRANSIT
28 STATISTICAL REPORT. "CLASS 3A OPERATING REVENUE PERCENTAGE"
29 SHALL MEAN THE PERCENTAGE OF OPERATING REVENUES A CLASS 3A
30 TRANSIT ENTITY HAS DURING A PARTICULAR FISCAL YEAR COMPARED TO
19850H0084B4159 - 18 -
1 THE TOTAL OPERATING REVENUE OF ALL CLASS 3A TRANSIT ENTITIES
2 DURING THAT PARTICULAR FISCAL YEAR AS REPORTED IN THE
3 PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT. "CLASS 3B
4 OPERATING REVENUE PERCENTAGE" SHALL MEAN THE PERCENTAGE OF
5 OPERATING REVENUES A CLASS 3B TRANSIT ENTITY HAS DURING A
6 PARTICULAR FISCAL YEAR COMPARED TO THE TOTAL OPERATING REVENUE
7 OF ALL CLASS 3B TRANSIT ENTITIES DURING THAT PARTICULAR FISCAL
8 YEAR AS REPORTED IN THE PENNSYLVANIA MASS TRANSIT STATISTICAL
9 REPORT.
10 "PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT" SHALL MEAN THE
11 SUMMARY OF SELECTED FINANCIAL AND OPERATING DATA CONCERNING
12 LOCAL TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES
13 ANNUALLY PUBLISHED BY THE DEPARTMENT SINCE THE 1973-1974 FISCAL
14 YEAR AND WHICH IS TO BE PUBLISHED BY THE DEPARTMENT IN THE
15 FUTURE PURSUANT TO SUBSECTION (D).
16 "REVENUE PASSENGER PERCENTAGE" SHALL MEAN THE PERCENTAGE OF
17 REVENUE PASSENGERS RIDING ON VEHICLES OF A LOCAL TRANSPORTATION
18 ORGANIZATION OR TRANSPORTATION COMPANY DURING THE 1984-1985
19 FISCAL YEAR COMPARED TO THE TOTAL NUMBER OF REVENUE PASSENGERS
20 RIDING ON VEHICLES OF ALL LOCAL TRANSPORTATION ORGANIZATIONS OR
21 TRANSPORTATION COMPANIES DURING THE 1984-1985 FISCAL YEAR AS
22 REPORTED IN THE PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT FOR
23 THE 1984-1985 FISCAL YEAR.
24 "REVENUE PASSENGERS" SHALL MEAN THE NUMBER OF TRANSIT RIDES
25 ON VEHICLES OF A LOCAL TRANSPORTATION ORGANIZATION OR
26 TRANSPORTATION COMPANY BY INITIAL BOARD PATRONS ONLY (INCLUDING
27 SENIOR CITIZENS BUT EXCLUDING TRANSFERS) AS REPORTED IN THE
28 PENNSYLVANIA MASS TRANSIT STATISTICAL REPORT FOR THE 1984-1985
29 FISCAL YEAR.
30 "VEHICLE MILE PERCENTAGE" SHALL MEAN THE PERCENTAGE OF
19850H0084B4159 - 19 -
1 VEHICLE MILES OF A LOCAL TRANSPORTATION ORGANIZATION OR
2 TRANSPORTATION COMPANY FOR A PARTICULAR FISCAL YEAR COMPARED TO
3 THE TOTAL NUMBER OF VEHICLE MILES OF ALL LOCAL TRANSPORTATION
4 ORGANIZATIONS AND TRANSPORTATION COMPANIES FOR THAT FISCAL YEAR.
5 "CLASS 3A VEHICLE MILE PERCENTAGE" SHALL MEAN THE PERCENTAGE OF
6 VEHICLE MILES OF A CLASS 3A LOCAL TRANSPORTATION ORGANIZATION OR
7 TRANSPORTATION COMPANY FOR A PARTICULAR FISCAL YEAR COMPARED TO
8 THE TOTAL NUMBER OF VEHICLE MILES OF ALL CLASS 3A LOCAL
9 TRANSPORTATION ORGANIZATIONS AND TRANSPORTATION COMPANIES FOR
10 THAT FISCAL YEAR. "CLASS 3B VEHICLE MILE PERCENTAGE" SHALL MEAN
11 THE PERCENTAGE OF VEHICLE MILES OF A CLASS 3B LOCAL
12 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY FOR A
13 PARTICULAR FISCAL YEAR COMPARED TO THE TOTAL NUMBER OF VEHICLE
14 MILES OF ALL CLASS 3B LOCAL TRANSPORTATION ORGANIZATION AND
15 TRANSPORTATION COMPANIES FOR THAT FISCAL YEAR.
16 "VEHICLE MILES" SHALL MEAN THE TOTAL DISTANCE, CALCULATED IN
17 MILES, TRAVELED BY VEHICLES OF A LOCAL TRANSPORTATION
18 ORGANIZATION OR TRANSPORTATION COMPANY AS REPORTED FOR THE MOST
19 RECENT YEAR IN THE MOST RECENTLY PUBLISHED PENNSYLVANIA MASS
20 TRANSIT STATISTICAL REPORT.
21 (H) PENALTY FOR FAILURE TO MEET PRODUCTIVITY REQUIREMENTS:
22 (1) WITH RESPECT TO GRANTS TO CLASS 1 TRANSIT ENTITIES AND
23 CLASS 2 TRANSIT ENTITIES IN ANY FISCAL YEAR, THE DEPARTMENT
24 SHALL REDUCE THE GRANT AMOUNT AWARDED TO SUCH LOCAL
25 TRANSPORTATION ORGANIZATION OR TRANSPORTATION COMPANY BY ONE
26 PERCENT FOR EACH PERCENTAGE POINT SUCH LOCAL TRANSPORTATION
27 ORGANIZATION'S OR TRANSPORTATION COMPANY'S OPERATING RATIO IS
28 LESS THAN FIFTY PERCENT IN THE CASE OF CLASS 1 TRANSIT ENTITIES,
29 OR LESS THAN FORTY-SIX PERCENT IN THE CASE OF CLASS 2 TRANSIT
30 ENTITIES.
19850H0084B4159 - 20 -
1 (2) "OPERATING RATIO" SHALL BE THE PROPORTION OF TOTAL
2 OPERATING REVENUE (INCLUDING ALL PASSENGER, CHARTER AND
3 ADVERTISING REVENUE, FARE REIMBURSEMENTS RECEIVED FROM THE STATE
4 LOTTERY FUND, AND ALL OTHER RECEIPTS ASSOCIATED WITH THE
5 DELIVERY OF TRANSIT SERVICES, BUT EXCLUDING FEDERAL GRANTS
6 PROVIDED TO COVER OPERATING LOSSES AND STATE GRANTS MADE
7 PURSUANT TO SUBSECTION (B) OVER TOTAL OPERATING EXPENSES
8 ASSOCIATED WITH THE DAY-TO-DAY OPERATION OF THE SYSTEM (BUT
9 EXCLUDING DEPRECIATION OF CAPITAL ASSETS).
10 SECTION 4. SECTION 205 OF THE ACT, ADDED JULY 10, 1980
11 (P.L.427, NO.101), IS AMENDED TO READ:
12 SECTION 205. GRANT PROPOSALS.--(A) GRANTS MAY BE MADE
13 HEREUNDER WITH REFERENCE TO ANY APPROPRIATE PROJECT IRRESPECTIVE
14 OF WHEN IT WAS FIRST COMMENCED OR CONSIDERED AND REGARDLESS OF
15 WHETHER COSTS WITH RESPECT THERETO SHALL HAVE BEEN INCURRED
16 PRIOR TO THE TIME THE GRANT IS APPLIED FOR OR MADE.
17 (B) THE GOVERNING BODIES OF MUNICIPALITIES, COUNTIES OR
18 THEIR INSTRUMENTALITIES, AND AGENCIES AND INSTRUMENTALITIES OF
19 THE COMMONWEALTH MAY, BY FORMAL RESOLUTION, APPLY AND
20 TRANSPORTATION COMPANIES BY APPLICATION MAY APPLY TO THE
21 DEPARTMENT FOR STATE GRANT FUNDS PROVIDED BY THIS ARTICLE. IF
22 SUCH ACTION IS TAKEN BY ANY SUCH GOVERNING BODY, A CERTIFIED
23 COPY OF THE RESOLUTION AND IN THE CASE OF TRANSPORTATION
24 COMPANIES, AN APPLICATION SHALL BE FORWARDED TO THE DEPARTMENT
25 WITH A PROPOSAL OF THE GOVERNING BODY OR COMPANY, WHICH SHALL
26 SET FORTH THE USE TO BE MADE OF STATE GRANT FUNDS AND THE AMOUNT
27 OF FUNDS REQUIRED; OR, IN THE CASE OF GRANTS UNDER SECTION 204,
28 WHICH SHALL SET FORTH A REQUEST THAT THE GRANT PROVIDED FOR
29 UNDER SECTION 204 BE MADE.
30 (C) THE DEPARTMENT SHALL GIVE PREFERENCE TO ANY PROPOSAL
19850H0084B4159 - 21 -
1 WHICH WILL ASSIST IN CARRYING OUT A PLAN, MEETING CRITERIA
2 ESTABLISHED BY THE DEPARTMENT, FOR A UNIFIED OR OFFICIALLY
3 COORDINATED URBAN TRANSPORTATION SYSTEM AS A PART OF THE
4 COMPREHENSIVELY PLANNED DEVELOPMENT OF THE URBAN AREA, WHICH IS
5 NECESSARY FOR THE SOUND, ECONOMIC AND DESIRABLE DEVELOPMENT OF
6 SUCH AREA, AND WHICH SHALL ENCOURAGE TO THE MAXIMUM EXTENT
7 FEASIBLE THE PARTICIPATION OF PRIVATE ENTERPRISE. THIS
8 SUBSECTION SHALL NOT APPLY TO GRANTS MADE PURSUANT TO SECTION
9 204.
10 (D) THE USE OF THE STATE GRANT FUNDS SHALL BE FOR THE
11 PURPOSES SET FORTH IN SECTION 203, AND WITHOUT LIMITING THE
12 GENERALITY OF THE FOREGOING, MAY BE USED FOR LOCAL CONTRIBUTIONS
13 REQUIRED BY THE FEDERAL URBAN MASS TRANSPORTATION ACT OF 1964,
14 AS AMENDED, OR OTHER FEDERAL LAW CONCERNING COMMON CARRIER MASS
15 TRANSPORTATION.
16 (E) THE DEPARTMENT SHALL REVIEW THE PROPOSAL AND, IF
17 SATISFIED THAT THE PROPOSAL IS IN ACCORDANCE WITH THE PURPOSES
18 OF THIS ARTICLE, SHALL ENTER INTO A GRANT AGREEMENT SUBJECT TO
19 THE CONDITION THAT THE GRANT BE USED IN ACCORDANCE WITH THE
20 TERMS OF THE PROPOSAL. WITH RESPECT TO GRANTS MADE PURSUANT TO
21 SECTION 204, THE DEPARTMENT SHALL MAKE SUCH GRANTS SUBJECT TO
22 THE CONDITION THAT THE GRANTS BE USED FOR THE PURPOSES SET FORTH
23 IN SECTION 203 AND, WHERE APPLICABLE, ONLY AFTER THE
24 CERTIFICATION REQUIRED IN SECTION 203(2)(III) AND (3) SHALL HAVE
25 BEEN MADE.
26 (F) THE TIME OF PAYMENT OF THE GRANT AND ANY CONDITIONS
27 CONCERNING SUCH PAYMENT SHALL BE SET FORTH IN THE GRANT
28 AGREEMENT.
29 SECTION 5. (A) THE SUM OF $30,000,000 IS HEREBY
30 APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION PURSUANT TO
19850H0084B4159 - 22 -
1 SECTION 204(B) OF THE ACT.
2 (B) THE DEPARTMENT OF TRANSPORTATION SHALL CALCULATE THE
3 AMOUNT OF THE GRANT TO EACH LOCAL TRANSPORTATION ORGANIZATION
4 AND TRANSPORTATION COMPANY PURSUANT TO SECTION 204 OF THE ACT
5 FOR THE PERIOD JULY 1, 1986, TO JUNE 30, 1987. THE DEPARTMENT OF
6 TRANSPORTATION SHALL DISBURSE THE $30,000,000 APPROPRIATION IN
7 SUBSECTION (A) ON JULY 1, 1987, OR AS SOON AS POSSIBLE
8 THEREAFTER.
9 SECTION 6. THE PROVISIONS OF THIS ACT ARE NONSEVERABLE. IF
10 ANY PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
11 CIRCUMSTANCE IS HELD INVALID, OR IF THE GOVERNOR DISAPPROVES, IN
12 WHOLE OR IN PART, THE APPROPRIATION CONTAINED IN SECTION 5 OF
13 THIS ACT, THE REMAINING PROVISIONS OR APPLICATIONS OF THIS ACT
14 ARE VOID.
15 SECTION 7. THIS ACT SHALL APPLY TO FISCAL YEARS COMMENCING
16 JULY 1, 1986, AND THEREAFTER.
17 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
18 (1) SECTION 5(A) OF THIS ACT SHALL TAKE EFFECT JULY 1, 1987.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
L17L75RZ/19850H0084B4159 - 23 -