PRINTER'S NO. 154
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
186
Session of
2021
INTRODUCED BY CAUSER, CUTLER, BERNSTINE, BOBACK, BOROWICZ,
BURGOS, COOK, SCHLEGEL CULVER, DIAMOND, ECKER, FEE, GLEIM,
GREGORY, HAMM, HICKERNELL, IRVIN, JAMES, JONES, KAUFFMAN,
LAWRENCE, LONGIETTI, MERSKI, METCALFE, METZGAR, MILLARD,
MOUL, NEILSON, OBERLANDER, OWLETT, PICKETT, RADER, ROTHMAN,
RYAN, SCHMITT, SMITH, STAMBAUGH, STRUZZI, WHEELAND,
B. MILLER, RAPP, JOZWIAK, ROWE AND ZIMMERMAN,
JANUARY 21, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 21, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in size, weight and load, further providing for
permit for movement during course of manufacture; and, in
powers of department and local authorities, further providing
for power of Governor during emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4968(a.2)(4) and (b) of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 4968. Permit for movement during course of manufacture.
* * *
(a.2) Specifications.--
* * *
(4) A combination [of vehicles] which is hauling milk to
or from a [manufacturer] milk plant or to or from a dairy
farm, or is traveling to a dairy farm to pick up milk, may be
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permitted by the department and local authorities to move
upon highways within their respective jurisdictions 24 hours
a day, seven days a week, [except during inclement weather as
defined in department regulations,] if [the] all of the
following apply:
(i) The combination is identified as a licensed milk
hauler by a decal issued by the Pennsylvania Milk
Marketing Board, at a fee set by the Pennsylvania Milk
Marketing Board.
(ii) The gross weight does not exceed 95,000 pounds
and the weight of any nonsteering axle does not exceed
21,000 pounds. A permit may be issued for this type of
movement upon an interstate highway. An application to
the department for the movement of milk, except for raw
milk, shall designate the route the applicant requests to
use.
* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Bulk milk." The term shall mean milk, as defined in section
1 of the act of July 2, 1935 (P.L.589, No.210), referred to as
the Milk Sanitation Law, which is not transported in packages.
"Condensed milk" and "evaporated milk." The term shall mean
manufactured dairy products as defined in section 1 of the act
of July 2, 1935 (P.L.589, No.210), referred to as the Milk
Sanitation Law, which is not transported in packages.
"Dairy farm." As defined in section 1 of the act of July 2,
1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.
"Hot box." Consists of an enclosure consisting of welded
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steel plate chained to a semitrailer with a removable lid lined
with refraction for purposes of insulation and retention of
heat.
"Milk." The term shall mean any of the following:
(1) Bulk milk.
(2) Evaporated milk.
(3) Raw milk.
(4) Condensed milk.
"Milk plant." As defined in section 1 of the act of July 2,
1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.
"Raw milk." [Has the meaning given to it in] As defined in
section 8(a) of the act of July 2, 1935 (P.L.589, No.210),
referred to as the Milk Sanitation Law.
"Sugar." The term shall refer to granulated raw, semi-
refined or refined sugar derived from the processing of sugar
cane or sugar beets, requiring further processing and not
intended for direct consumption or retail sale.
Section 2. Section 6108(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 6108. Power of Governor during emergency.
(a) General rule.--[In] Except as provided under subsection
(a.1) and section 4968(a.2)(4) (relating to permit for movement
during course of manufacture), in the event of a declared
National, State or local emergency when the Governor of this
Commonwealth, under 35 Pa.C.S. § 7301 (relating to general
authority of Governor), has made a specific determination that
modification of any of the provisions of this title will aid in
the alleviation of the stated emergency conditions, the Governor
shall have the power to so modify the provisions on any or all
highways in this Commonwealth to be effective at any or all
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hours of the day or night with respect to any or all types or
classes of vehicles. Such modifications shall be specifically
stated in a proclamation or executive order as provided under 35
Pa.C.S. § 7301(c) and shall expire at the end of the emergency
period. No person, unless specifically exempted by the terms of
the declaration of emergency or by other provisions of the
statute or other laws, shall violate any of the terms,
conditions, provisions and modifications set forth by the
Governor.
(a.1) Exception.--A vehicle or combination which is hauling
milk to or from a milk plant or to or from a dairy farm, or is
traveling to a dairy farm to pick up milk, may move upon
highways 24 hours a day, seven days a week, if all of the
following apply:
(1) The vehicle or combination is identified as a
licensed milk hauler by a decal issued by the Pennsylvania
Milk Marketing Board, at a fee set by the Pennsylvania Milk
Marketing Board.
(2) The gross weight does not exceed 80,000 pounds.
* * *
Section 3. This act shall take effect in 60 days.
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