See other bills
under the
same topic
PRIOR PRINTER'S NOS. 1805, 1893
PRINTER'S NO. 1987
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1267
Session of
2015
INTRODUCED BY RAFFERTY, BREWSTER, WILEY, MENSCH, BARTOLOTTA,
RESCHENTHALER AND VULAKOVICH, MAY 13, 2016
AS AMENDED ON SECOND CONSIDERATION, JUNE 27, 2016
AN ACT
Amending Titles 74 (Transportation) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, in traffic signals,
further providing for definitions and for maintenance
agreement; in general provisions relating to operation of
vehicles, further providing for traffic-control signals and
for expiration of automated red light enforcement systems
provisions; and, in taxes for highway maintenance and
construction, further providing for allocation of proceeds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9201 of Title 74 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9201. 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:
"Critical corridor." Either of the following:
(1) A State or municipal highway segment intersecting
with a limited access ramp identified by the Secretary of
Transportation.
(2) A State or municipal highway segment with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
bidirectional average annual daily traffic greater than
10,000 vehicles as determined by the department's Roadway
Management System.
"Department." The Department of Transportation of the
Commonwealth.
"Designated traffic corridor." A State or municipal highway
segment, other than a critical corridor, determined by the
Secretary of Transportation to be subject to the provisions of
this chapter.
"Existing agreement." An agreement between the department
and a municipality for the maintenance of a traffic signal
existing prior to the effective date of this section.
"Maintenance." The activity of keeping a traffic signal in
proper working condition during the useful life of the traffic
signal.
"Municipality." A county, city, borough, incorporated town
[or], township or home rule municipality.
"Replace." The modernization of an existing traffic signal
within a critical or designated traffic corridor.
"Synchronize." The coordination of the timing of all traffic
signals within a critical or designated traffic corridor for the
purpose of operating as a single system.
"Timing." The programming of traffic signals within a
critical or designated traffic corridor in order to synchronize
the signals.
Section 2. Section 9202(a) of Title 74 is amended and the
section is amended by adding subsections to read:
§ 9202. Maintenance agreement.
(a) Agreement.--A municipality may enter into an agreement
with the department to replace, synchronize and time traffic
20160SB1267PN1987 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
signals located within a critical or designated traffic
corridor. The terms of the agreement may specify that the
municipality provide services to the department. The agreement
shall not exceed the time period of the useful life of the
traffic signals. The municipality shall, during the duration of
the agreement, properly maintain and time the traffic signals in
accordance with the agreement.
* * *
(h) Cities of the first or second class.--Notwithstanding
any other provision of law, the department may own, install,
replace, synchronize, time, operate or maintain traffic signals
within a city of the first class or a city of the second class.
(i) Department-managed signals.--The following apply:
(1) In accordance with subsection (c), the department
may own, install, replace, synchronize, time, operate or
maintain a traffic signal and all associated signs and
markings included on a department-approved traffic signal
plan within a municipality if the department publishes the
location of the signal or the critical corridor as a notice
in the Pennsylvania Bulletin.
(2) A municipality shall enact any ordinances and enter
into any agreements necessary to complete the transfer of all
rights and duties to department-managed signals under this
subsection.
(j) Special pilot program for department-managed signals.--
The following apply:
(1) The department shall develop a pilot program for
department-managed signals to implement on one or more
critical corridors at the department's discretion as
specified under this subsection.
20160SB1267PN1987 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) After implementation and evaluation of the pilot
program, but no later than January 1, 2022, the secretary
shall certify in the Pennsylvania Bulletin that the pilot
program is ended and indicate whether or not the pilot
program has been successful. If successful, the department
may maintain and expand the department management of signals.
This subsection shall expire January 1, 2022.
Section 3. Sections 3112(c), AND 3116(q) and 3117(r) of
Title 75 are amended to read:
§ 3112. Traffic-control signals.
* * *
(c) Inoperable or malfunctioning signal.--If a traffic-
control signal is out of operation or is not functioning
properly, including, but not limited to, a signal that uses
inductive loop sensors, or other automated technology, to detect
the presence of vehicles that fails to detect a vehicle,
vehicular traffic facing a:
(1) Green or yellow signal may proceed with caution as
indicated in subsection (a)(1) and (2).
(2) Red or completely unlighted signal shall stop in the
same manner as at a stop sign, and the right to proceed shall
be subject to the rules applicable after making a stop at a
stop sign as provided in section 3323 (relating to stop signs
and yield signs).
§ 3116. Automated red light enforcement systems in first class
cities.
* * *
(q) Expiration.--This section shall expire July 15, [2017]
2027.
§ 3117. Automated red light enforcement systems in certain
20160SB1267PN1987 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
municipalities.
* * *
(r) Expiration.--This section shall expire July 15, [2017]
2027.
* * *
SECTION 4. SECTION 3117(R) AND (S) OF TITLE 75 ARE AMENDED
AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 3117. AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN CERTAIN
MUNICIPALITIES.
* * *
(R) REPORT.--THE DEPARTMENT SHALL CONDUCT AN EVALUATION OF
SECTION 3116 (RELATING TO AUTOMATED RED LIGHT ENFORCEMENT
SYSTEMS IN FIRST CLASS CITIES) AND OF ANY MUNICIPALITY THAT
APPROVED AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS UNDER THIS
SECTION. THE EVALUATION SHALL INCLUDE, BUT IS NOT LIMITED TO,
THE EFFECTIVENESS OF AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN
THIS COMMONWEALTH AND THE CONDITIONS THAT SHOULD BE PRESENT IN
ORDER FOR A MUNICIPALITY TO CONSIDER APPROVING AUTOMATED RED
LIGHT ENFORCEMENT SYSTEMS AT INTERSECTIONS WITHIN THE
MUNICIPALITY BASED ON THE CLASS AND SIZE OF THE MUNICIPALITY,
THE AVERAGE DAILY TRAFFIC, THE NUMBER OF COLLISIONS AND
FATALITIES, THE COLLECTION OF FINES, THE REVENUE LIMIT AND THE
ALLOCATION OF REVENUE RECEIVED. THE DEPARTMENT SHALL COMPLETE
THE EVALUATION BY JUNE 1, 2017, AND PROVIDE A COPY TO THE
CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE SENATE AND
THE CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
[(R)] (S) EXPIRATION.--THIS SECTION SHALL EXPIRE JULY 15,
[2017] 2027.
[(S)] (T) DEFINITIONS.--AS USED IN THIS SECTION:
20160SB1267PN1987 - 5 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) THE TERM "DESIGNEE" SHALL INCLUDE A PERSON, BUSINESS
ENTITY OR GOVERNMENTAL ENTITY, INCLUDING THE DEPARTMENT.
(2) THE TERM "MUNICIPALITY" MEANS:
(I) A CITY, BOROUGH OR TOWNSHIP WITH A POPULATION
UNDER THE 2010 FEDERAL DECENNIAL CENSUS EXCEEDING 20,000
WITH A POLICE AGENCY ACCREDITED BY THE PENNSYLVANIA
CHIEFS OF POLICE ASSOCIATION IN A COUNTY OF THE SECOND
CLASS A.
(II) A CITY, BOROUGH OR TOWNSHIP WITH A POPULATION
UNDER THE 2010 FEDERAL DECENNIAL CENSUS EXCEEDING 20,000
WITH A POLICE AGENCY ACCREDITED BY THE PENNSYLVANIA
CHIEFS OF POLICE ASSOCIATION IN A COUNTY OF THE THIRD
CLASS WITH A POPULATION BETWEEN 490,000 AND 510,000.
(III) A CITY OF THE SECOND CLASS.
Section 4 5. Section 9511(e.1) of Title 75 is amended to
read:
§ 9511. Allocation of proceeds.
* * *
(e.1) Allocation [to municipalities] for traffic signals.--
In addition, up to $10,000,000 for fiscal year 2014-2015, up to
$25,000,000 for fiscal year 2015-2016 and up to $40,000,000 for
fiscal year 2016-2017 and each fiscal year thereafter, is
appropriated out of the Motor License Fund to replace,
synchronize, time, operate and maintain traffic signals within
traffic corridors consistent with 74 Pa.C.S. Ch. 92 (relating to
traffic signals). The funds shall be used for municipal and
department-managed signals and allocated in accordance with the
following:
(1) During fiscal year 2014-2015, up to $10,000,000 is
allocated to municipalities for upgrading traffic signals to
20160SB1267PN1987 - 6 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
light-emitting diode technology and for performing regional
operations such as retiming, developing special event plans
and monitoring traffic signals.
(2) During fiscal year 2015-2016, up to $25,000,000
shall be allocated to municipalities for upgrading traffic
signals to light-emitting diode technology, performing
regional operations such as retiming, developing special
event plans and monitoring traffic signals and for
maintaining and operating traffic signals.
(3) During fiscal year 2016-2017 and each fiscal year
thereafter, up to $40,000,000 shall be allocated [to
municipalities] for upgrading traffic signals to light-
emitting diode technology and intelligent transportation
system applications, such as autonomous and connected
vehicle-related technology, performing regional operations
such as retiming, developing special event plans and
monitoring traffic signals and for maintaining and operating
traffic signals.
(4) Financial assistance under this section shall be
matched by [municipal or private cash] funding in an amount
not less than [50%] 20% of the amount of the financial
assistance being provided. Except for transportation
improvement program funds, the match may consist of any
combination of Federal, State, regional, local and private
funds, including in-kind contributions such as an exchange of
services between the department and municipality. Any grant
made under this subsection shall be allocated for two
consecutive fiscal years and shall not lapse at the end of
the fiscal year when the grant was awarded.
(5) The department shall establish guidelines for
20160SB1267PN1987 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
applications and approval of applications from municipalities
or metropolitan or rural planning organizations for the
financial assistance being provided. Applicants must enter
into agreements provided for under 74 Pa.C.S. Ch. 92.
Priority will be given to multimunicipal improvements.
* * *
Section 5 6. This act shall take effect in 60 days.
20160SB1267PN1987 - 8 -
<--
1
2
3
4
5
6
7